Every year, millions of drivers are taken out of the driver’s seat because of DUI and DWI charges. Recently, law enforcement officials and agents have been cracking down on drunk and impaired drivers, due in part to the prevalence of anti-DUI lobbying groups like Mothers Against Drunk Driving (MADD). With current breakthroughs in science making it easier than ever to pin someone with DUI, law enforcement agencies and institutions are making a pretty penny off of DUI cases—a reason for increased DUI charges you probably won’t find in a newspaper. It’s important that you know your rights and some important facts about DUI that just might save you from a devastating financial blow.
A DUI is determined by measuring your blood alcohol level (BAC). Different BAC result in different levels of severity of DUI penalties: for instance, a very low BAC may not result in a DUI. The caveat that law enforcement won’t tell you about is that the tests they use to determine whether to charge a driver with DUI can be rife with errors.
Many law enforcement officers use a breathalyzer in order to measure your BAC. This device involves analyzes the alcohol it finds metabolized in your breath and generates a number on the other end, representing your BAC.
The problem is that breathalyzers are often challenged based upon calibration issues. If a breathalyzer is improperly calibrated by the police, it’s highly likely that the results of the breathalyzer will misrepresent your actual level of intoxication. For these reasons, DUIs that stem primarily off of the results of a breathalyzer may often be questionable.
Law enforcement agents may also attempt to encourage drivers to submit to a chemical test, often taking them to a hospital to have blood drawn to help them prosecute their case. These tests are usually done when the breathalyzer and field sobriety test provide insufficient data for an arrest. If you refuse to allow blood to be drawn which is your right, penalties upon conviction may escalate, not to mention the possible loss of your driver’s license for a year irrespective of a conviction.
How is this possible? When you apply for a driver’s license you give “implied consent” to test you for alcohol and other substances. Because a driver’s license is not a right, but a privilege, the state that issues you your license controls the rules. Refusing to submit to a breathalyzer or to have blood drawn is your Constitutional right…it may, however, result in the automatic suspension of your license. The bottom line…When fighting a DUI charge whether you submitted to chemical testing or not, you need an experienced DUI lawyer on your side.
Remember, a DUI charge is considered serious criminal offense. In addition to jail time, driver’s license suspensions or complete loss of driving privileges, a conviction can result in hefty fines, and your arrest or conviction could remain on your record forever. Don’t go down this road without an experienced DUI attorney at your side. If you are seeking an experienced criminal defense attorney in Montgomery County, PA, to represent you on your DUI charge, contact us today!