I Was Arrested For Drunk Driving. Now What?

A DUI lawyer can aggressively advocate for clients

. Attorneys may find many instances in which clients (or clients-to-be) were ignorant of their rights. When drivers are under suspicion of or are charged with a DUI (driving under the influence) / DWAI (driving while ability impaired) they will have to deal with, at some point, Implied Consent laws.

You have a right to decline breath, blood and urine tests. But the consequences that go along with the refusal of these tests can vary. This is because all states have implied consent laws as of August, 2005. Under these laws, when you sign for a states drivers license, you automatically agree to comply with requests by law enforcement officers to chemically test for blood alcohol level (BAC).

Unfortunately, there are many motorists who are afraid of law enforcement. When they look in their rearview mirror and see those flashing lights, this can yield a jolting physical reaction. And, when it turns out those lights have them targeted, some individuals may feel as though they are guilty of something, though they often have no idea.

Was I speeding? Did I run a light or miss a stop sign? Do I have a taillight out? When the officer or deputy asks them if they have been drinking, or under the influence of an illegal drug, this can throw a driver into another kind of confusion. Drivers may be especially discombobulated when they are pulled over late at night, when traffic patrol may be most suspicious.

Breath tests can be administered anywhere, including the roadside. Blood and urine tests are to be done at a detention site or medical facility. Other consent laws include the drivers obligation to produce proof of license and insurance when asked, and exercise field sobriety tests if requested.

Officers have a right to ask, and you have a right to refuse testing. You may be arrested for per se intoxication, which means the officer has probable cause that you are intoxicated and pose a threat to yourself and others. A BAC level of .08 is the limit in which a driver is said to be intoxicated, in which case a first-time offender will likely have his or her licensed revoked for 90 days. If you refuse chemical testing, your license will likely be revoked for a full year.

However, a DUI defense attorney will work to have the penalties involved with this refusal dropped or reduced.

by: Leonard Simmons

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