While everyone knows that it is against the law to drive a vehicle with a blood alcohol concentration of .08% or higher, some people may not realize that, in some situations, the greatest determining factor of a driver’s BAC is when the driver takes the chemical test.

In other words, you can be driving your vehicle and be below the legal limit, but when you take a breath test at the police station an hour later, your result could be above .08%. Because it takes between 1 – 3 hours for alcohol to be absorbed into a person’s system, an individual’s BAC could continue to increase for a couple of hours after they are arrested for DUI and brought to the police station for the test.

Were you really drunk when you were driving?

Let’s look at a real life situation. Mary is at a “girl’s night out” dinner with a few friends. They eat supper and she sips her third margarita while enjoying her friends. Before she leaves, she quickly drinks the rest of her beverage which contains about .06% alcohol. Shortly after she leaves, the police pull her over and the officer smells the alcohol on her breath.

Mary performs pretty well on the field sobriety tests, but the officer places her under arrest and takes her to the station to give her a breath test an hour after she was first stopped. She blows a .09% and is charged with a DUI. Mary loses her license and pays thousands of dollars in fines, fees and increased insurance costs, but she may not have been over the legal limit while she was actually driving.

What was Mary’s BAC when she was driving? We will never know for sure. One thing we know…it wasn’t .09%. The body is either constantly absorbing or removing alcohol. Therefore, the BAC is either rising or diminishing.

On average, it takes about an hour for the alcohol to be fully absorbed into Mary’s system and reach peak levels. This is just an average and can vary widely depending on the person. Those last several gulps probably had little effect on Mary while she was driving, but as she sits at the police station waiting to take the chemical test, her BAC has been rising. For an average-sized woman, one drink tends to raise a body’s BAC by around .03%. The conclusion is Mary’s BAC was probably closer to .06% while she was actually driving.

Police and State legislature reaction to the rising BAC defense

To combat the “rising BAC” defense, officers will begin their DUI questioning by asking the driver exactly how many drinks they had, and most importantly, when they drank them. Police also try to test a driver as soon as they can.

State legislatures have helped the police by passing legislation that presumes a driver’s BAC level determined at the time of the test to be the same as when he was driving…as long as the police administer the chemical test within a specific time frame. This puts the burden of proof on the defendant.

If you have been arrested for a DUI and you think that you may have a “rising BAC” defense, contact an experienced DUI attorney in your area who can look at your situation and advise you of your best course of action.

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You wake up and realize that you weren’t having a nightmare, you were arrested for DUI last night. The police gave you a lot of papers and sent you home…now what? The shock is wearing off and now you realize that you need to make some decisions relating to where to go from here. Should I plead guilty or not guilty to the DUI charge? Should I hire a DUI attorney? What will happen next?

What is the first thing I should do after a DUI Arrest?

After a DUI you should immediately write down what happened while your memory is fresh. Start before you began drinking. Where were you? Who were you with? Did you eat? Do you have receipts for drinks? Write down everything before, during and after your DUI arrest. This information will certainly help your DUI attorney.

Your Arraignment for your DUI Charge

At your DUI arraignment hearing, you will have to plead guilty or not guilty to the DUI charge. If you want a DUI lawyer to represent you, but you cannot afford one, the court will appoint one for you.

At your DUI arraignment you will be asked to make a plea to the charge. Don’t worry…you can change your not guilty plea to guilty or no contest at a later time.

In most states, you can ask for a jury trial or decide, at a later time, to drop the request for a jury and argue your DUI case before a judge. It is usually better to argue your DUI case in front of a jury rather than an experienced and possibly skeptical judge who has seen hundreds of DUI trials.

Should you fight the DUI or plea bargain?

Usually, the weaker your DUI case, the more you should want to seek a plea bargain. In most cases, your chances of winning at trial is directly related to your BAC or blood alcohol concentration level. The higher the BAC, the lower your chances of winning at trial. If your BAC was tested between .08 and .11%, your chances of a not guilty verdict are somewhat better.

Your DUI attorney will have to convince the jury of the unreliability of the BAC test that was used and that you were not impaired at the time of the DUI arrest. He can do this by offering testimony from someone who was with you or talking to you around the time you were arrested.

A plea bargain is a compromise agreed on by your DUI attorney and the prosecutor. You will plead guilty in return for a reduced DUI charge, monetary penalty, or shorter jail term. The prosecutor is able to obtain a DUI conviction without risking a jury trial and possible acquittal, not to mention the money saved by the state.

Plea bargains in DUI cases are not as common as they used to be. In some areas, tougher DUI state laws tie prosecutor’s hands and prevent them from plea bargaining certain DUI cases.

Should I Hire a DUI attorney?

Whether you decide to plead not guilty and go to trial or plea bargain your DUI case, it is always the best idea to hire a DUI attorney. He has probably represented hundreds of clients charged with DUI and understands how to use his knowledge of police procedures and the court system to get the best outcome for you. Choose a DUI attorney who is well-versed in the law, communicates well, and can balance his negotiation skills with his ability to aggressively argue on your behalf.

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If you have been arrested for DUI or driving under the influence of alcohol you are facing severe penalties. DUI penalties can include: high fines, increased insurance costs, license suspension, mandatory alcohol education courses, probation and jail time. Given the complexity of DUI laws, representing yourself at your DWI trial can be a mistake.

DUI lawyers can review your DUI arrest and analyze the methods used to perform your chemical tests and ensure, not only that your constitutional rights have not be violated, but that all of the testing procedures were performed accurately.

Common DUI Driving Defenses

Establishing Probable Cause for the DUI Stop

The first question that a DUI lawyer can review is whether or not the police officer had probable cause to stop you for DUI. Probable cause can include any reckless or illegal action witnessed by the officer. Some actions are greater indications of intoxication than others, but many actions will give the officer probable cause to make a stop.

The National Highway Traffic Safety Administration (NHTSA) has determined any of the following driving actions could be an indication that you are driving under the influence of alcohol or drugs:

• Striking an object with your vehicle
• Turning with a wide radius
• Weaving in and out of traffic
• Slow Driving or driving too fast
• Tires on the Center Markers of the road
• Braking inconsistently
• Headlights not turned on
• Driving the wrong direction on the roadway

Just because the police officer witnesses one of these actions, this does not mean you were intoxicated. If the officer did not have probable cause for your DUI stop, your DUI lawyer can have the evidence suppressed. If the police officer did have probable cause for the stop, you may have a valid explanation for your actions. For instance, were you tired, distracted or under physical stress? Did you have another physical impairments which negatively impacted your ability to drive? A defense attorney may be able to prepare a defense which explains the reason for your behavior.

Blood-alcohol Concentration Test

If you have been stopped for DUI you may be asked to submit to a blood alcohol concentration or BAC test of your breath, blood or urine. Under state’s implied consent laws you have already given your implied consent to submit to these tests. You are allowed to refuse to take the test; however, refusal can have harsh administrative penalties (such as a license suspension) which will be in addition to any criminal charges.

If you submit to the chemical test and your blood alcohol concentration is above the legal limit of 0.08% or higher, you can be charged with DUI. If you have failed the chemical test the DUI attorney can review the admission process of the test and determine whether or not it was calibrated properly by the police officer prior to the administration of the test.

If you were given a breathalyzer test the DUI lawyer can also review whether your negative test results may have been caused something other than alcohol. For instance, breathalyzer tests can be sensitive to temperature, breathing patterns, and the presence of other chemical compounds on the breath which can be registered as alcohol.

In addition, DUI lawyers can ensure the breathalyzer machine has been property maintained and whether or not this machine has historically performed well. Conversely, the prosecution for the state must provide evidence that the machine has been maintained and calibrated correctly and that the law enforcement officers followed standard protocol when administering the tests.

Hiring a DUI Lawyer

In this blog we have covered two areas where a DUI lawyer may be able to help you defend your DUI arrest. If your DUI lawyer can prove the police officer did not have probable cause to make the DUI stop or if the chemical testing was improperly performed, your DUI lawyer may be able to legally request that evidence for your DUI be suppressed.

If you have been arrested for DUI, it is time to get legal help from a DUI lawyer. Do not leave your future to chance; get the help you need today.

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Most drivers have heard not to take a breathalyzer test if they are stopped for a DUI but is that the best choice? Have you ever wondered if they can still arrest and convict you for DUI without the test? Does it depend on where you live or is the choice the same for all drivers?

Refusing a Breathalyzer Test

All states have passed Implied Consent laws which means that when you are stopped for driving under the influence of alcohol (DUI) you have given you “implied consent” to submit to a chemical test. It is illegal in every state to operate a motorized vehicle with a BAC of 0.08% or higher and chemical testing of your blood, urine or breath can determine your BAC or blood alcohol concentration level.

What does the Implied Consent laws include? If you are stopped by a law enforcement officer, under Implied Consent laws you have agreed to produce your driver’s license and insurance information, perform a field sobriety test if requested and to submit to a blood, alcohol or urine test.

If you refuse to take the breathalyzer test you can be arrested under a state’s per se laws as long as the police officer has probable cause to believe you are intoxicated and you may be a danger to others or to yourself.

What is considered probable cause? Any type of behavior that may indicate you are intoxicated including speeding, slurred speech, alcohol on your breath, running a red light, driving the wrong direction, weaving in and out of traffic, tailgating or driving without your headlights on. Drivers who are stopped without probable cause should contact a DUI lawyer immediately and discuss the details of their DUI arrest.

Most drivers do not realize that not only can they be arrested for refusal to take the test or failing the test, but they may also have their license suspended for up to one year, even if they are not convicted of driving under the influence of alcohol (DUI). Keep in mind that administrative license suspensions can be challenged within a specified timeframe. If you have had your license confiscated by a police officer, talk to a DUI lawyer about appealing the license suspension.

The idea behind implied consent laws is that driving is not a right, and the goal of protecting the public’s safety is elevated above a driver’s personal rights. Opponents of the laws claim that because the administrative license suspension is in addition to other criminal DUI charges which might be brought against the driver, the driver may be subject to punishment twice for DUI, first by the Department of Motor Vehicles and then by the criminal justice system.

So should you refuse a breathalyzer test? It really depends on where you live, and it is critical to understand your state’s DUI laws before you make this decision. State laws can vary for a breathalyzer refusal. Some state penalties may be more severe than if you had failed the field sobriety tests. Other states may consider a breathalyzer refusal as an indication of guilt, and your refusal may be used as evidence against you at your DUI trial.

Hiring a DUI Lawyer

DUI lawyers will do everything they can to help you. DUI attorneys can review your DUI arrest, make sure the police officer had probable cause to make the DUI stop and make sure that if you did submit to the breathalyzer test that it was performed accurately. If you need help, place your confidence in an experienced DUI lawyer who will help you get the best DUI defense possible.

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People drink alcohol for a variety of reasons. Some consume alcohol to avoid dealing with problems, to fight depression, to relax, to feel like they are part of the crowd or because they think it makes them appear more grown-up. Others simply like the taste.

Potential Health Benefits of Moderate Drinking

Proponents of moderate drinking claim there are several benefits of moderate drinking for most people including:

• Reducing the risk of dying of a heart attack
• Reducing the risk of a stroke
• Reducing the risk of developing heart disease
• Reducing the risk of developing gallstones
• Lowering your risk of diabetes

Opponents of moderate drinking claim it may cause harm, especially in certain age groups such as young adults or pregnant women. Older adults who have a known risk for heart disease also may not benefit from moderate drinking.

Individuals who are seeking to gain some of the benefits of moderate drinking may be able to accomplish the same goals with healthier and more effective behaviors such as exercise and consuming a healthier diet.

What is Moderate Drinking?

If Dietary Guidelines for Americans recommend individuals drink in moderation, it is important to understand what “moderation” really means. This requires drinkers to understand what is meant by the term “serving size”.

The Dietary Guidelines identify what a serving size is for different types of alcoholic beverages:

• Beer: 12 fluid ounces (355 milliliters)
• Wine: 5 fluid ounces (148 milliliters)
• Distilled spirits (80 proof): 1.5 fluid ounces (44 milliliters)

Harmful Actions of Excessive Drinking

Unfortunately, when it comes to drinking alcohol, many drinkers cannot limit themselves to one or two drinks. Whether they have a history or predisposition for alcohol abuse or they simply love the taste, some people have difficulty not drinking excessively and participating in risky behavior. For these individuals it may be better to completely avoid alcohol.

Common harmful effects of excessive alcohol consumption can include:

• Dangerous driving
• Aggressive actions toward others
• Increased chance of DUI arrest
• Increased injuries to yourself and others
• Increased risk of suicide
• Increased risk of high blood damage
• Increased risk of liver damage

Keep in mind that what may be excessive for you may not be excessive for another person. Blood alcohol concentration and absorption will depend on the drinker’s weight, age, gender, body mass index, dehydration levels and the amount of food they have recently consumed.

To keep yourself and others around you safe, if you are going to drink, drink in moderation. Make sure you are aware of your actions and the increased risk of high alcohol consumption.

Arrested for DUI

If you have been arrested for DUI it is time to talk to a DUI lawyer. DUI laws can be complicated and DUI penalties are severe. Do not leave your future to chance, find a DUI attorney who understands DUI laws and can help you with your DUI case.

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It is illegal in every state to operate a motorized vehicle with a blood alcohol concentration of 0.08% or higher. States use different terms such as DUI (driving under the influence), DWI (driving while intoxicated), DWUI (driving while under the influence) or DUID (driving under the influence of drugs), but regardless of the term, it basically means the same thing.

If you are operating a motorized vehicle while you are impaired by alcohol or drugs you could face severe penalties including: fines, imprisonment, high insurance rates, parole, community service, and forced alcohol education.

So is it okay to have one drink and drive? Maybe you can drink two drinks and still be safe behind the wheel? Alcohol affects individuals differently and may be absorbed at different speeds, causing various levels of impairment. Let’s take a look at the common affects of alcohol at various blood alcohol levels:

• BAC Level .01 to .03%

If you are an average person of average weight and build and your BAC is .01% to .03% you may appear normal. Physical and mental impairments are limited although some specialized DUI tests may detect a small reduction in your ability to multi-task and perform visual tests.

• BAC Level 03 to .06%

If your BAC is between 0.03% and 0.06% you will begin to feel very calm. Concentration, alertness and judgment began to be impaired as you become more relaxed, less inhibited, more talkative or more euphoric.

• BAC Level .06 to .10%

If you reach this level of intoxication there will be clear physical indications that you are intoxicated. Your reflexes and reasoning will be compromised as well as your ability to see distances and peripherally.

It is estimated that once you reach 0.08% BAC, you are more than 11 times more likely to have a DUI accident.

• BAC Level .11 to .20%

If your BAC is 0.11% to 0.20% you are likely to have severe loss of motor control, slow and slurred speech and slow reaction times. You may also experience severe behavioral changes in your mood or expressions. Driving with this level of impairment is extremely dangerous.

• BAC Level 0.20% and higher

If your BAC is 0.20% or higher it can be dangerous, especially as your BAC approaches 0.30% or higher. Death, alcohol poisoning, loss of consciousness, blackouts and substantial motor impairment is not unusual at these BAC levels.

What does this mean for you? You must understand your body and how alcohol, even one drink, will increase your BAC. Absorption rates can be affected by a person’s body mass, muscle composition, metabolism, dehydration levels, age, and tolerance levels.
It can be fine to responsibly drink and have a good time, but drinking too much (which for some people may be only one drink) and getting in the car can have deadly consequences for you or other drivers.

Hiring a DWI Lawyer

If you have been arrested for DUI there may be help for you. DUI lawyers understand DUI laws and have helped thousands of DWI offenders.
DUI laws and penalties have increased over the last several years. Now more than ever it is important to have a DUI lawyer. Even one DUI arrest can severe consequences for you and your driving record.

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If you are charged with a DUI, you may wonder what to do next. There is cause for worry. However, you have more options than you think. You should always consult with an experienced DUI lawyer, one who is local, one you can afford, and one you can communicate with. Let’s find out what to do after you get a DUI.

Hire a Lawyer
You always need an experienced lawyer. You may think you should simply accept the charges given to you. Never plead guilty to DUI charges. You want a lawyer experienced in the court room. You want a lawyer who you can work with for some amount of time. DUI charges are a long process. You may be in and out of the court room for months. However, you may be found innocent, or you may lessen the charges some.

Question Charges
You may face excessive fines, jail time, and a suspended license. This can change your life greatly. You may not be able to get to and from work without a ride. You may owe hundreds if not thousands of dollars. And you may face some excessive time in jail. You should always question these charges. Simply because you are charged with a DUI does not mean you are guilty. The breathalyzer test is not always accurate. Sometimes the officers infringe on your rights. Maybe you are never told of your rights but. In any case, you will have to fight for our rights.

Facing Charges
You have a better chance with an experienced DUI lawyer. As noted, you should question the charges. You may be found innocent. With DUI charges, you have to be at .08 or above to be charged with a DUI. If you are under age, the laws are different. What happens in court? Your lawyer will be negotiating for you. You have the option of judge or jury, but most court rooms use judges to make decisions on cases. You will be questioned on what happened, but even if you lose you have a chance in appeals court. In appeals court, if what happened in the original court case is found to be wrong, you may have a chance of being found innocent.

Moving On
Unfortunately, most DUI charges are not for first time convictions. Many of us make the mistake of being penalized for more than one DUI. The more DUI charges you get, the more penalties you get. You will face longer jail time. You will face more charges. You may lose your license for a longer period. If you get more than one DUI, you may be charged with a felony. You can move on. The best thing you can do is avoid getting that second DUI. Do whatever you can to avoid it. Call a cab. Ask a friend to help. If you are charged with further DUIs, it will be difficult to move on, but you always have a chance.

While you may think drinking and driving is a minor offense, thousands of lives are lost every year to it. By drinking and driving, you put others and yourself in danger. If you are charged with a DUI, it’s time to consult with an experienced DUI lawyer.

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What is a Minor in Possession? A MIP means you were caught under age drinking. You might have drank some alcohol and it shows up on a breath test, where in almost all states have any alcohol level in your system is illegal. On the other hand, you might be caught with an alcoholic beverage and are charged. In both cases you have some legal hurdles to climb. If you are unsure of where to begin when charged with an MIP, this blog guide can help.

Why Get a MIP?
Drinking and driving is a leading cause of death in the U.S., and a high number of the fatalities are in fact made by under age drivers. Therefore, the law was made to avoid these deaths. While it may seem odd that you can be 19 or 20 and technically get a “minor” in possession, that is the way the law works. If you are under 21, you are not supposed to drink.

You Should Not Plead Guilty
On the other hand, simply because you drank – and especially if you did not – does not mean you should plead guilty to the charges. You deserve a chance in court. You should question the charges. You should appeal for innocence or to have the charges lessened. Any MIP can be quite stiff in penalties, so if you can avoid them, you can save some valuable time and money.

You Need a Lawyer
When charged with an MIP, you should plead innocent and you also hire an experienced DUI lawyer. A DUI lawyer can help you fight the charges, question what happened, and move on. While a lawyer is not free, with the fines,the jail time, and the other penalties involved, it’s more than worth hiring one.

Charges You Face
What kind of penalties you do you face? Each state has different laws. You can expect to be fined, perhaps $100. You may have to go through a substance abuse treatment program. You may be subject to alcohol screening for some time. These can really impact your life, so it’s smart to both plead innocent and hire a lawyer. You may be able to avoid some if not all these charges.

Moving On
Getting a MIP is never fun. It will likely change your life. Commonly high school and college students get them and it affects their early years. You might get one at a party. You might get caught drinking and driving. Or you may have a drug problem and are caught with drugs on you. Whatever the nature of the MIP, you can move on. It will take 7 years for the MIP to be taken off your record, unless you work with a lawyer and have it expunged. If you get further charges, such as another MIP or a DUI, the penalties can be much stiffer.

While it may not seem like the end of the world to be caught drinking, it can affect your life. The safest thing you can do is avoid going to social gatherings and drinking alcohol under age. While whether this is right or wrong is another story, sometimes it’s best to wait until you are legal.

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The best way to stay out of DUI trouble is to avoid drinking and driving in the first place, but we are all human and do make mistakes. The second best way to avoid problems is to make your first DUI your last, because after that point you are in danger of being charged with a felony. DUI law is complex, so here is a refresher on some common mistakes made after you are charged.

DUI Charges Are Serious
Let’s face it: when you drink and drive you are a danger on the road. You are being charged with a serious crime. On the other hand, you are innocent until proven guilty in a court of law. That does not mean you can look at this as a minor problem. Even a first DUI can lead to long license suspensions, fines, and jail time. The more DUI charges you get, the greater the penalties. Take these charges seriously and you stand to save yourself some problems.

Don’t Miss Your Court Date
Perhaps the greatest and most common mistake is missing your initial court date. You might as well keep driving after an officer turns on his lights. You are then breaking the law. It’s likely a search warrant will be made for you, and when you are arrested, you will face even stiffer penalties. So make your court date.

Continuing to Drive
If you drive on a suspended license, you stand to get further charges brought against you. While it’s obvious some of us have to drive, you must wait until your license is reinstated. If you are pulled over, the officer will arrest you and immediately take you to jail.

Getting a Second DUI
As noted, the problem with DUI charges is that many are not for first time offenses. Some of us make this mistake more than once. If you can avoid getting a second, third, or further DUI, you can avoid jail time, extended license suspensions, excessive fines, and lawyer fees.

Out of State DUI
If you get an out of state DUI and do not take care of it, you may have a search warrant authorized against you. They do this even for speeding tickets. You must appear in court and fight your case. While you may want to avoid the problem, face it and be done.

You Need a Lawyer
Another common mistake those charged with a  DUI make is not hiring an experienced DUI lawyer. You may consider not hiring a lawyer at all and defending yourself. You may simply hire no lawyer and plead guilty. Both are bad moves. Make no decision without the help of an experienced DUI lawyer.

Hiring a Cheap Lawyer
Another problem is that of hiring a lawyer who is ineffective, often because he or she charges a low fee. Ask yourself why they charge so little. They may have an excess of cases and have no real time to spend with you. They may lack any DUI experience. They may even lack court experience. Hire an experienced lawyer. Pay the extra money so you can avoid jail time and further penalties. You may be found innocent, and at the least you can lessen the penalties.

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Sometimes the biggest problems start innocently. You might be at a party, drink a little, decide to drive home, and then you’re pulled over. You think you’re fine, but you end up failing the breathalyzer test. At this point, you may wonder what your rights are. Should you take the breathalyzer? Can you refuse other tests? Do you get to know all the charges made against you? This blog guide can answer these questions and more.

Right to a Lawyer
First off, you need a DUI lawyer if you are charged with a DUI. As noted on this blog, if you are charged with a crime, you need hire a lawyer, and never simply plead guilty. Pleading guilty gives you no chance. Pleading guilty means you accept the crime. Pleading guilty means you are not even questioning the penalties. A lawyer can question the charges, can lower penalties, and can sometimes even allow you to be found innocent. At the least, you want to lessen the charges, but there are always mistakes, even if you had been drinking, and this can lead to an innocent verdict.

Do you have to take the breathalyzer or other tests?
Yes, you have to take the breathalyzer test by law in all 50 states, and can receive immediate penalties if you deny it. State laws differ on this, but you almost always want to take the breath test. If you are unsure, you might ask the officer the penalties. If you are positive you will fail, you may consider refusing it. However, your license will immediately be suspended. You also have to take blood tests. However, you need not take field sobriety tests – where you walk in a line or count the alphabet backwards – because there are no laws saying you must. It’s up to you at that point.

Right to a Trial
If you are charged with a  DUI, you are not found guilty upon failing the breath test. You have the right to a trial. And with a lawyer on hand, you can make a not guilty plea and work to lessen the charges if not win completely.

Right to Question the Charges
You always have the right to question the charges made against you. You can question what the officer did. He or she may have made mistakes in arresting you. You can always question the validity of any sobriety tests. The breathalyzer test has a history of being wrong.

Right to an Appeal
If you are charged with a crime and found guilty, there is always the appeals process. If you lost, and the evidence is against you, you may reconsider. On the other hand, if some of what happened in court can be questioned, if laws were misinterpreted, you may win in appeals court.

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