I've been charged with drunk driving. Should I get a lawyer?

Defending against a charge of drunk driving is a difficult business. The defense attorney you choose must understand scientific and medical concepts, and must be able to question tough witnesses, including scientists and police officers. If you want to fight your drunken driving charge, you're well advised to hire an attorney who specializes in these types of cases.

Do I have to take a blood, breath or urine test if asked to do so by the police?

You have the right to refuse a chemical test (blood, breath or urine), but almost every state has an "implied consent" law, under such laws; a refusal may result in a suspension of your driver's license for three to 12 months. (The loss of your license can be upheld even if you're eventually found not guilty of the current drunk driving charge.) In addition, if your case goes to trial, the prosecutor can bring to light the fact that you refused to take the test, which may lead some jury members to conclude that you refused because you were, in fact, intoxicated.

What does BAC stand for?

Blood Alcohol Content

Blood alcohol content (BAC) or blood alcohol concentration is the concentration of alcohol in blood. This measurement can be taken directly, by drawing a sample of your blood, or it can be calculated by applying a mathematical formula to the amount of alcohol in your breath or urine. If you test at or above the level of intoxication for your state, you are presumed to be driving under the influence unless you can convince a judge or jury that your judgment was not impaired and you were not driving hazardously.

What is an Administrative License Hearing?

An Administrative License Hearing is a proceeding regarding the suspension or revocation of your driving privilege only. The administrative hearing is separate and distinct from a criminal hearing. The only penalty to be issued at this hearing is loss of your privilege to drive; no criminal penalties can be imposed in the administrative license suspension proceeding.

An Administrative Hearing will focus on the following:

• If you took a blood, breath or urine tests;
• Did the officer have reasonable cause to believe you were driving a motor vehicle in violation of the law;
• Were you arrested legally or lawfully?
• Were you driving a motor vehicle when you had a higher percentage of alcohol in your blood than allowed by state law?

If you refused or failed to complete a blood, breath or urine tests:

• Did the officer have reasonable cause to believe you were driving a motor vehicle in violation of the law?
• Were you arrested legally or lawfully?
• Did you refuse to submit to or failed to complete a blood, breath or urine tests after being requested to do so by officer?

What is an SR-22?

SR-22 is an insurance policy named after the SR-22 DMV form; the insurance policy was created to insure DUI, DWI and high risk drivers. The majority of states require DUI convicts to obtain an SR-22 from their automobile insurer. Once a driver request an SR-22 the insurance company is placed upon notice of the DUI conviction. An SR-22 requires your insurance company to notify the DMV if your insurance policy is cancelled.

Unfortunately, the SR-22 is not standard with every insurance carrier. If your current insurance provider cannot provide you with an SR-22 they may be forced to cancel your policy. Failure to maintain your high risk SR-22 insurance will result in the DMV suspending your license.