Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here « FAQs About Drunk Driving
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- Here I have tried to give the answers to some frequently asked questions about drunk driving. After reading that you might understand few aspects of drunk driving.
How High the drunk level should someone possess before he can be convicted of driving under the influence?
To drive a car while a person is “impaired” by the effects of alcohol or drugs also including prescription drugs is considered to be illegal. What it means is that there must be enough alcohol or drugs in the body of driver which would have been preventing him from thinking clearly or driving safely.
This level is reached by many people well before they’d be considered “drunk” or “stoned.” In all states, a person is considered to be guilty of a DUI (driving under the influence) or DWI (driving while intoxicated) who has a blood alcohol content (BAC) level of .08% or above.
In spite of all the facts, in almost all states drivers under the age of 21 are considered to be driving under the influence of alcohol if they are having their BAC at or greater than .01% or .02%, depending on the state.
How can the police find out whether a driver is under the influence?
Typically three methods are being used by the police in order to determine whether a driver has had too much to be driving:
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Observation. You will be pulled over by a police officer if he notices that you are driving erratically means that if he notice that you are swerving, speeding, failing to stop, or even driving too slowly. Of course, for the way that you are driving you may have a good explanation like you may say that you are tired but an officer is unlikely to trust your excuse if he smells alcohol on your breath, or if your slurred words are noticed by him or he may have noticed unsteady movements.
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Sobriety tests. If an officer suspects that you are driving under the influence, you might be probably asked by him to get out of the car and perform a series of balance and speech tests, such as standing on one leg, walking a straight line heel-to-toe, or reciting a line of letters or numbers.
The officer will have a closer look at your eyes, checking for pupil enlargement or constriction, which can be used as evidence of intoxication by them. If in case that you would fail these tests, then the officer may arrest you or ask you to take a chemical test. -
Blood-alcohol level. By only measuring the amount of alcohol in your blood, the amount of alcohol in your body is understood . Either they will do this measurement directly by drawing a sample of your blood, or they may calculate by applying a mathematical formula to the amount of alcohol in your breath or urine. By some states you are given a choice of whether to take a breath, blood, or urine test and others do not provide you such chances. If your test is at or above .08 % blood-alcohol concentration, then the police officer might presume that you were driving under the influence unless you can convince a judge or jury that your judgment was not impaired and you were not driving dangerously. Often times a question is asked by the defense attorneys about the validity of the conversion formula when driver’s alcohol levels are based on breath or urine tests.
Do I have to take a blood, breath, or urine test if asked to do so by the police?
You may have the right to refuse to take a chemical test (blood, breath, or urine), but almost every state there is a law that is so-called “implied consent” law, and, under such laws, if you refuse to take a test then his will result in suspension of your driver’s license from anywhere between three to 12 months.
Yes I am telling you that this is true even though if you’re eventually found not guilty of the current drunk driving charge. Further, if your drunk driving case goes to trial, the prosecutor can tell the jury that you have refused to take the test, due to which the jury members may conclude that you refused because you were, in fact, drunk or stoned.
If I’m being stopped for driving under the influence, then am I entitled to talk to an attorney before I decide which chemical test to take?
The answer depends on the state where you live. For example, in California, you don’t have the right to speak with an attorney first. But some states, including Arizona, allows you to talk to your lawyer before you take a chemical test.
If I’m stopped for driving under the influence, can a questions be asked by the police officer from me without reading me my rights?
Sometimes. The answer to your question depends on whether or not you are in police custody what am I trying to say is that whether you are subject to the restraints common to a formal arrest. For example, the U.S. Supreme Court has ruled that the police do not require to provide Miranda warnings to anyone during roadside questioning of a motorist detained pursuant to a traffic stop.
Thus, roadside questioning about your drinking, drug-taking, or performance on field sobriety tests does not form a “custodial interrogation.”However, once when you have been arrested or restrained by the police in a manner consistent with arrest then you Miranda rights must be read to you.
I’ve been charged with drunk driving. Should I get a lawyer?
To defend against a charge of drunk driving is quite a tricky business. It is required that the defenders should understand the scientific and medical concepts, and they must be able to question tough witnesses, which also including scientists and police officers. If you are really willing to fight your drunk driving charge, the I must suggest you to hire such an attorney who specializes in these types of cases.
On the other hand, these days it has really become very difficult to “win” a drunk driving case, when we assume that the police gathered some physical evidence against you such as results of a breathalyzer, blood test, or urine test. And the punishments that are given for DUI are pretty standard. If you were really guilty, than it is almost impossible that a lawyer could get you any better of a deal or plea bargain than you can get for yourself.
I was pulled over at a roadblock and asked to wait and answer a police officer’s questions. Is this legal?
Yes it is legal, as long as the police use a neutral policy when stopping cars (such as stopping all cars or stopping every third car) and they shorten any inconvenience to you and to the other drivers.Unless the police have good reason to believe that you’ve broken the law, the police can’t single out your car at a roadblock .
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