Drunk Driving

Frequently Asked Questions About Drunk Driving

Q: What is "blood alcohol concentration" or "blood alcohol level"?

A: Blood alcohol concentration (BAC) is the level of alcohol in the bloodstream from drinking alcoholic beverages. BAC readings are used in court as evidence in drunk driving cases. The most common method of measure is a breath test, although blood and/or urine testing is sometimes done. A result of 0.08 or higher may establish a presumption of intoxication. The details of the 0.08 BAC presumption laws vary among the states, but all 50 states and the District of Columbia have adopted 0.08 as their official intoxication level.

Q: Can I refuse a Breathalyzer® test?

A: Every state has its own version of an implied consent law providing that, by exercising his or her driving privileges on the state's roads, a driver impliedly consents to submit to alcohol testing. In many states, a refusal to take a breath test is itself a criminal violation subject to stiff penalties like license suspension or revocation. If you are ultimately found guilty of a drunk driving offense, there will likely be additional penalties if you refused to submit to breath testing, such as a stiffer sentence. Your test refusal may also be used as evidence against you in a drunk driving case.

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The penalties for drinking and driving have become more severe, particularly for repeat offenders, who often face mandatory jail time. In many states, plea bargaining is restricted or banned in drunk-driving cases. Fines have increased and driver's license suspensions have lengthened. It is also harder to obtain a "hardship" license that allows a person only to drive to and from work. In this climate an experienced drunk-driving defense attorney is essential.

Drunk Driving - An Overview

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. If you have been stopped for, arrested for or charged with drunk driving, contact John Segelbaum Attorney At Law in Edmonds, WA, as soon as possible to discuss your options and rights with an attorney who has experience handling drunk driving cases.

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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 is a device installed in a car that measures the blood alcohol content (BAC) of the driver, who must blow into the device before starting the car. If the driver's 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 local DUI/DWI defense attorney at John Segelbaum Attorney At Law in Edmonds, WA.

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The Prosecutor's Role in a Drunk-Driving Case

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, solicitors or state's 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.

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Reliability of Breath-Test Results in a Drunk-Driving Case

In every state in the U.S., a driver with a blood alcohol concentration (BAC) of 0.08 or higher is presumed to be legally intoxicated. 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 submit to chemical testing if a law enforcement officer has reasonable suspicion of intoxication. In most states, test refusal results in license suspension or revocation, and if a drunk driving charge results in a conviction, the defendant's refusal to submit to testing could mean additional penalties.

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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. These include the possibility of jail or prison time, a criminal record, car repair/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 driver's license, attorneys fees, restrictive probation, and others. If you have been arrested for or charged with drunk driving, a lawyer from John Segelbaum Attorney At Law in Edmonds, WA, can advise you about your legal rights and help you fight the charges.

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Drunk Driving Resource Links

Impaired Driving
Information and resources on drunk driving from a legal and social viewpoint and with a goal of prevention, provided by the National Highway Traffic Safety Administration (NHTSA).

Link to informational chart about the drunk-driving laws of all 50 states plus the District of Columbia, provided by the Insurance Institute for Highway Safety.

The Century Council
A not-for-profit organization dedicated to fighting drunk driving and underage drinking.

American Council on Alcoholism and Treatment
A national nonprofit organization dedicated to educating the public and those with alcohol dependence about the effects of alcohol, alcoholism, alcohol abuse and options for recovery. Extensive information about drunk driving.

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