Drunk Driving Law

Thousands of drivers across the United States are found guilty of driving under the influence (DUI) each year. Due to their conviction, these individuals often face difficulties in their daily lives—such as losing their driving privileges, being unable to obtain auto insurance, and even finding themselves ineligible for certain jobs or housing. While the consequences of a DUI conviction are often unavoidable, a basic understanding of drunk driving law can help prevent future charges.

Although the exact DUI laws vary in each state, it is against the law to drive anywhere in the United States if you have a blood alcohol content (BAC) of .08% or more. In addition, due to Zero Tolerance Laws, underage drivers are subject to even stricter BAC limitations (.00% to .02%, depending on the state). In some states, drivers may even face additional charges and/or more severe penalties if their BAC is more than twice above the legal limit (.16% or higher).

If an officer suspects a person is driving under the influence, he or she will often ask the driver to perform a series of field sobriety tests, such as balancing on one foot or walking an imaginary straight line. Depending on the driver’s performance, the officer may then request chemical testing (usually a breath test, or what is commonly known as “breathalyzer”) in order to determine the person’s exact BAC.

Because the results of field sobriety tests are entirely based on the officer’s evaluation of the driver, many states do not allow the results to be used as evidence in court. In fact, participation in these exercises is completely voluntary—meaning the driver has the right to refuse—in some states. When it comes to chemical testing, however, it is important to know that all 50 states also have implied consent laws to penalize drivers who refuse to submit to alcohol testing. In fact, a driver who refuses to take a breath test (or, in some cases, a blood or alcohol test) may be penalized more severely than a driver who took the test and failed.

Depending on the state, a DUI conviction can lead to severe penalties such as a driver’s license suspension, probation, and even jail time. Fortunately, with the right legal representation, you may be able to avoid the devastating consequences of a drunk driving conviction. If you were recently arrested and charged with driving under the influence, you should obtain legal counsel immediately after your arrest. Get the help you deserve. Contact an attorney in your area today to discuss your case.