Frequently Asked Questions about Drunk Driving
Q: Can I refuse a Breathalyzer® test?
A: Every state has its own version of an implied consent law providing that a driver impliedly consents to alcohol testing just by the act of driving. In many states, a refusal to take a breath test is itself a criminal violation subject to stiff penalties. For example, refusing a breath test might result in automatic drivers-license suspension or revocation. If you are ultimately found guilty of a drunk-driving offense, there may be additional penalties because of the test refusal, such as a stiffer sentence. Your test refusal may also be used as evidence against you in a drunk-driving case.
Q: Are breath-test results always accurate?
A: Some courts allow the defendant in a drunk-driving case to challenge the scientific accuracy of breath tests in general, whereas others may allow challenges based on the particular circumstances of a test, such as improperly calibrated equipment or inadequately trained officers. If the test results are inadmissible or can be challenged, the case will probably have to be proven based on other evidence, such as eyewitness testimony and field-sobriety test results.
Many drivers in the US are arrested under suspicion of driving under the influence of alcohol or illegal drugs every day. The negative consequences of drunk driving have recently increased, largely in response to public outcry and the influence of groups like Mothers Against Drunk Driving (MADD). If you find yourself arrested for illegal drunk driving, an attorney with experience defending drunk-driving cases can help protect your rights.
Learn More About Drunk Driving Defense
Just because you blew over .08, doesn’t mean you are guilty. The DUI/DWAI defense attorneys of Anaya, Foley & McKedy, P.C., can help you whether this is your first offense or whether you have multiple DUI convictions on your record.
To learn more about DUI defense, please review the general information below and visit our DUI Overview page.
To arrange a free consultation with an experienced team of DUI lawyers, contact our law offices , in Colorado Springs as soon as possible.
Overview of Drunk Driving
If you have been stopped for, arrested for or charged with drunk driving, contact our office in Colorado Springs, Colorado, as soon as possible to discuss your options and rights with an attorney who has experience handling drunk-driving cases. Drunk-driving law is complex and the guidance of a skilled and knowledgeable lawyer can make a significant difference in a defendant’s experience and in the outcome of his or her case.
Each US state has its own set of drunk-driving laws, and in some states drunk driving is a crime, while in others, like New Jersey, it is classified as a traffic offense. While drunk-driving laws do differ among the states, there are certain concepts and features common to most states’ drunk-driving jurisprudence. Basically, as we all know, operating a motor vehicle after consuming alcohol and/or drugs to a degree that impairs a person’s judgment and ability to drive safely is a serious offense. Both criminal and civil penalties for drunk driving can be harsh and often include:
Loss or suspension of license
Jail or prison time
Restrictive probationary license programs, including ignition interlock devices and Cinderella licenses
In addition, the social stigma and effect on your career may have lifelong negative consequences.
The Use of Ignition Interlock Devices in Drunk-Driving Cases
Most states have regulations that allow or mandate that judges order the installation of interlock devices as a penalty during sentencing in drunk-driving cases. An ignition interlock device is installed in a car that measures the blood alcohol content of the driver, who must blow into the device before starting the car. If the blood alcohol content (BAC) is above a certain level, the car will not start. Because the laws regarding the use of ignition interlock devices in drunk-driving cases vary from state to state, it is important to speak to an experienced DUI defense attorney in your state.
The Prosecutor’s Role in a Drunk-Driving Case
Prosecution refers to the government’s role in the criminal-justice system. When criminal activity is suspected, it is up to the government to investigate, arrest, charge and bring the alleged offender to trial. A prosecutor is a lawyer who works for the government and who is responsible for developing and presenting the government’s case against a criminal defendant. Prosecutors may be called county attorneys, city attorneys, district attorneys or states’ attorneys. Some jurisdictions may even have experienced police officers act as prosecutors in drunk-driving cases. The prosecutor is the opponent or “adversary” of the criminal defendant and his or her attorney; the two sides go head-to-head against each other in court.
Reliability of Breath-Test Results in a Drunk-Driving Case
In every state in the US, a driver with a blood-alcohol concentration (BAC) of .08 or higher is presumed to be legally intoxicated for drunk-driving purposes. Each state has also enacted an implied-consent law. Implied-consent laws provide that every licensed driver within the state is considered to have given his or her consent to chemical testing to determine his or her BAC whenever a law enforcement officer has reasonable suspicion of intoxication. In most states, refusal to submit to such a test results in license suspension or revocation.
The Impact of a Drunk-Driving Conviction on Your Auto Insurance
An alcohol-related car accident and subsequent drunk-driving conviction can bring many negative consequences into your life, possibly including jail or prison time, a criminal record, car repair or replacement, restitution, guilt and grief over harm to others, higher insurance premiums, a civil lawsuit, fines, court and administrative fees, community service, alcohol education, substance-abuse treatment, social stigma, restrictions on or revocation of your drivers license, attorneys fees, restrictive probation and others. If you are arrested for or charged with drunk driving, a lawyer can advise you about your legal rights and help you fight the charges.