Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here Consequences of Breathalyzer Refusal »
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- If you have been driving under influence (DUI) then you may be asked by the police officer to submit to a breath test or urine test to determine their blood alcohol content. If you refuse to appear for the breathlyzer or blood test then there might be seperate charges against you besides the DUI offense for which most have laws which specificly define the stirict penalties for anyone refusing to appear. To further make you case better, you might need to speak with a specialized DUI lawyer who could handle your case in your favor as even if you refused the test, you may still be convicted of a DUI.
More Penalties for Breathalyzer Refusal
Due to higher level of refusals, most states have revised their laws as they should to provide for stricter DUI penalties for blood alcohol content test and Breathalyzer refusal. Click here to read more »
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Important Drunk Driving Terms »
There are some terms which are used often in drunk and impaired driving cases:
- DWI – Driving While Impaired
- DUI – Driving Under influence
- OMVI – Operating a Motor Vehicle while Impaired
- OUI – Operating Under the Influence
- OUID – Operating Under the Influence of Drugs
- OUIL – Operating Under the Influence of Liquor
- OWI – Operating While Impaired
- UBAL – Unlawful Blood Alcohol Level
There are some tests also which are carried out through the testing devices mentioned below:
- BAC Datamaster
This is a breath analysis device which produces an estimate of blood alcohol based upon infrared spectroscopy. These devices are designed to be low-maintenance, and relatively easy to use. However, they are not foolproof, and mistakes may occur in calibration, maintenance and storage, operation and use of the devices.
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What is Ignition Interlock System? »
As required by the law following DUI conviction, a breath alcohol ignition interlock system needs to be installed on the dashboard of your vehicle which is a breathalyzer. Under this the ignition interlock system, before you start your vehicle you need to blow into the BAC tester. That would test whether you are under the influence of alcohol or not. If you are under the allowed limit then the car would start and you could operate it normally. However, if you exceed the allowed limit then the starter on the car will lock and the driver won’t be able to drive it.
These devices are only issued to you if you have been already been charged for DUI. However you might also be forced to pay for the installation and the operating fees for this device which might cost you a few hundred dollars.If you were previously charged with a DUI and are worried about having to use this system then you might have to consult a DUI lawyer who might help you with your case. Click here to read more »
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DUI Charges Under Blood Alcohol Content »
I will not launch into an explanation of alcohol content in your blood, as that’s pretty obvious when you drink alcohol, however, I would want to enlighten you on the dangers and problems that could be caused through high levels of blood alcohol content.
First of all, understand that drinking and driving is an invitation to imprisonment or even a hefty fine. Blood alcohol levels range from 0.2% up to 0.8% and getting yourself anywhere between these would define you as illegible to be driving and a probable occurrence of an accident. Most DUI state laws are very strict regarding the matter and if you happen to be driving around at a blood alcohol content of 0.8%, your in for big trouble.
How Do They Measure Blood Alcohol Content?
Now, if you’re new to these laws, don’t think that you can avoid having the test done right there and then after being stopped by a police car.
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Use of Retrograde Extrapolation Method in DWI Cases »
Mostly police officers use breath analyzer for measuring a suspected DUI driver’s breath alcohol concentration level. And its also a thing to consider that most of the police officer do not have a good quality breath analyzer and many driver failed in breath test. In these types of cases State has to prove that a person is guilty for driving under the influence. It also happen some time that a suspected driver has to give breath test after some interval of his arrest.
In such cases DWI offender is transported to nearby police station where he is analyzed in a special “intoxilyzer room”. The interval between arrest and breath analysis is very important for the DUI case.
According to law a driver must be proved under the influence of drugs or alcohol before getting arrest and not after some time delay like an hour or so. State’s attorney has to prove his or her blood alcohol level at the time of arrest not the BAC level at the time of breath analysis at police station. This matter comes under the term of Retrograde Extrapolation.
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Underage DUI Penalties in California »
Driving under influence is strictly prohibited in all states of America and same is the case with underage DUI driving. State of California has Zero Tolerance law for such underage DUI drive who are below 21 year of age and driving while drunk. Blood alcohol concentration for underage DUI drives is less than 0.01%. If a drive caught under DUI charges and his/her blood alcohol concentration (BAC) level found greater than 0.01% will charged with DUI. And also if BAC level found greater than 0.05% for under age DUI driver, he/she will be considered as a regular DUI driver and could be arrested for DUI charges. But for the older people greater than 18 year with BAC less than 0.08% is not punishable in California. 
A DUI lawyer has to analyze many prospects of underage DUI case as it has many other complexities than other form of DUI cases. There are different penalties for an underage DUI convicted driver. His/her driving license can be suspended for one year on first offense and it will be increased if the offender keeps on violating the law. On multiple DUI conviction driving license could be suspended for two to three years. These violations of law come under Vehicle code section 23103, 23136, 23140 and 23152. Jury can further extend underage driver penalty by selling his car or by confiscating his car.
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Probable Causes of Drunk Driving Arrest »
United States police can arrest or detain a person for investigation without any serious violation of law. Two words can briefly describe police behavior that is Probable Cause. This makes the United States police different from other world police departments. A reasonable suspicion is required to question someone and law enforcement agency is bound to fulfill the requisite. Police cannot pull over a person on his skin color or of being national of some other country. They need to have some lawful grounds to question him/her. They can pull over the suspect if he is over speeding or break some traffic rules.
Above all they must have to see you doing something wrong while driving a vehicle or some one witness you driving violently.
Is Pull over is Legal under Probable Cause?
To stop some one without is some time complicated for the police. So most of the time uses some basic reasons to stop and investigate you. They can stop you on failure to use blinker, violation of traffic rules, over speeding, expired plates, driving violently, collision to some vehicle and disrespect of traffic lights.
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Ignition Interlock Effects In DUI Cases »
Ignition interlocks are installed in the automobiles of those drivers who caught driving under alcohol or drug influence. It is evaluated in a study that drunk driving immensely reduces after the installation of ignition interlock in first-time drunken driving offenders. This breath analyzer device prevents a drunk driver to stop his/her automobile. This ratio of drunk driving is 60% less after first time offense and installation of interlock.
Study is done on two groups, one include first time DUI/DWI offenders who had interlock device installed in their automobile and second group consist of first time that have no interlock device in there vehicle. Data is analyzed after analysis of gender, age, blood alcohol concentration (BAC) level and their time of arrest. The results showed that the group that has interlock installed in there vehicle have rarely repeated the offense.
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New York DUI/DWI Penalties »
Laws requirement for suspected DUI drivers to concede to breath, blood, or urine testing is knows as “implied consent laws”. Refusal for carries penalties, which include mandatory suspension of driving license for up to a year.
Blood Alcohol Concentration (BAC)
If any driver in New York will be driving any motor vehicle with blood alcohol concentration (BAC) above than 0.08 percent will be measured “per se intoxicated” under the law. According to this law, that is all, which is needed for a driver to be convicted for Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).
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DUI Penalties In Maine »
DUI drivers are required to concede breath, blood, or urine test for blood alcohol content if caught by police is called “implied consent laws”. Refusal carries penalties, which includes mandatory suspension of a driving license for up to a year.
Blood Alcohol Concentration (BAC)
If any driver in Maine will be having blood alcohol concentration above than 0.08 percent then he/she will measured as “per se intoxicated” under this law. According to this law that is all which is needed for a driver to be convicted for Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).
Zero Tolerance Blood Alcohol Concentration
All states “zero tolerance laws” mainly focus on the drivers not of legal drinking age. Drivers under the age of 21 if will be operating any motor vehicle with blood alcohol level 0.02 percent or above will be subject to DUI penalties in Maine.
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