DUI FAQ's.
Q: I did not consent to take any field
sobriety tests at the scene. I even refused the breath test at the
scene. Will this hurt me in court?
A: No. You have a right to refuse these tests and your refusal cannot be held against you in court. You have the absolute right to refuse to breathe into a breath machine on the scene.
This is different from the chemical test you were given after you were arrested. When you are ordered to provide either a blood or breath sample at a jail or in a police station, you must comply. Failure to do so results in immediate revocation of your driver's license by the DMV.
Q: Do I actually have to “be under the influence of alcohol” to be charged with a DUI?
A: No. Some people have a greater tolerance for alcohol than others; some people are not close to being drunk with a blood alcohol count of .10%, let alone .08%. It does not make any difference; the test is not whether you pose a danger to others because you are impaired; the test is whether your blood alcohol count is .08 or more, period.
A good defense lawyer will know whether the fact that you had a spicy meal or chewed nicotine gum or have a burping problem will help you overcome these notoriously faulty tests.
Q: Does my BAC have to be .08% or higher for me to be arrested?
A: No. Some people can be charged with impaired driving with a BAC less than .08%. In other words, even if your blood alcohol count is less than .08%, you can be charged with drunk driving if the arresting officer thinks you are driving in an impaired fashion.
Note that the .08% BAC measurement can only hurt you, not help you.
Q: What’s the point of paying a lawyer? I am going to lose anyway.
A: Not all DUI cases are lost causes! You need a DUI lawyer knowledgeable about sobriety tests and improper choices by the arresting officers. He or she needs to know how to challenge blood level tests based on your medical conditions, such as heartburn or diabetes; how to challenge blood tests based on improper samples; and how to challenge breathalyzers for mis-calibration.
Q: I don’t even drink and they took away my license. I am 81 and they told me I could not keep my license because I am old. Can they do this?
A: Yes and no. The DMV cannot take your license just because you are old. However, it can take your license if your driving is deemed impaired. Frequently, the DMV is just out and out wrong in making this decision on your behalf. You must immediately demand a hearing, which will be granted.
A: No. You have a right to refuse these tests and your refusal cannot be held against you in court. You have the absolute right to refuse to breathe into a breath machine on the scene.
This is different from the chemical test you were given after you were arrested. When you are ordered to provide either a blood or breath sample at a jail or in a police station, you must comply. Failure to do so results in immediate revocation of your driver's license by the DMV.
Q: Do I actually have to “be under the influence of alcohol” to be charged with a DUI?
A: No. Some people have a greater tolerance for alcohol than others; some people are not close to being drunk with a blood alcohol count of .10%, let alone .08%. It does not make any difference; the test is not whether you pose a danger to others because you are impaired; the test is whether your blood alcohol count is .08 or more, period.
A good defense lawyer will know whether the fact that you had a spicy meal or chewed nicotine gum or have a burping problem will help you overcome these notoriously faulty tests.
Q: Does my BAC have to be .08% or higher for me to be arrested?
A: No. Some people can be charged with impaired driving with a BAC less than .08%. In other words, even if your blood alcohol count is less than .08%, you can be charged with drunk driving if the arresting officer thinks you are driving in an impaired fashion.
Note that the .08% BAC measurement can only hurt you, not help you.
Q: What’s the point of paying a lawyer? I am going to lose anyway.
A: Not all DUI cases are lost causes! You need a DUI lawyer knowledgeable about sobriety tests and improper choices by the arresting officers. He or she needs to know how to challenge blood level tests based on your medical conditions, such as heartburn or diabetes; how to challenge blood tests based on improper samples; and how to challenge breathalyzers for mis-calibration.
Q: I don’t even drink and they took away my license. I am 81 and they told me I could not keep my license because I am old. Can they do this?
A: Yes and no. The DMV cannot take your license just because you are old. However, it can take your license if your driving is deemed impaired. Frequently, the DMV is just out and out wrong in making this decision on your behalf. You must immediately demand a hearing, which will be granted.