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In
2001, more than 1.4 million drivers were arrested for
driving under the influence of alcohol or narcotics.
Police and highway patrol officers are cracking down
on drunk drivers with increasing frequency as a result
of influence from groups like MADD and public outcries
in general. If you find yourself at the center of this
crackdown, you need an experienced drunk driving attorney
to represent your interests and work toward the least
restrictive outcome possible.
A drunk driving charge is a serious criminal charge.
A conviction for drunk driving can result in a penalty
of:
1. Up to 1 Year in jail
2. Up to $5,000 in fines
3. A loss of your driving privilages for one year
Frequently Asked Questions about Drunk Driving / OWI
/ DUI
Q: What is "blood alcohol level"?
A: Blood alcohol level (BAC) is a term used to describe
the level of alcohol in the bloodstream of a person
arrested for drunk driving. It is used in court as evidence
of that offense. The most common method of determining
BAC is through a breath test, although blood and urine
testing is also done. If the level is found to be at
or over the established legal limit, the test results
can establish a presumption of impairment.
Q: Can I refuse a Breathalyzer, or breath test?
A: Although the answer can vary by state, in many cases
such a refusal is itself a criminal violation subject
to stiff penalties. In addition, if the case against
you is ultimately proven, the penalties for the refusal
may be beyond those for the offense of drunk driving
alone. In Indiana, refusal to submit to a breath test
will result in the loss of your driver license.
Q: Are breath test results always accurate?
A: A defendant in a drunk driving case may be allowed
to challenge the scientific accuracy of Breathalyzer
tests in general, whereas others may be allowed to challenge
the particular circumstances of a test. Challenges to
test results have been successful for a variety of reasons,
such as improperly calibrated equipment or inadequately
trained officers. An experienced and properly trained
DUI / DWI defense attorney knows when and how to make
these challenges.
Q: What if I lose my license but continue to drive
anyhow?
A: If a person whose license has been revoked or suspended
due to drunk driving chooses to drive without a valid
license and is pulled over, he or she stands to suffer
more serious consequences, including fines and imprisonment.
The more prudent course of action is to rely on friends
and family for rides or use public transportation.
Q: How can I get automobile insurance after a drunk
driving conviction?
A: Although your rates will likely be higher, your insurer
may keep you on even after a conviction, and a subsequent
clean driving record will result in lower rates in the
future. If your insurer drops you as a result of the
conviction, another insurance company may be willing
to accept the risk; in fact, some companies specialize
in offering insurance to drivers who have been convicted
of drunk driving, but of course the rates are much higher.
Q: How can I get to work if I can't drive?
A: Many drunk driving offenders are forced to rely on
public transportation or rides from friends and family
to get to and from work during periods of license suspension
or revocation. In addition, they may be able to obtain
work permits that enable them to drive just to and from
work; if caught driving outside of those parameters,
however, further penalties will be imposed.
Q: What is the best way to beat a drunk driving charge?
A: The best way to avoid being convicted of drunk driving
is to not drive drunk in the first place. Use a designated
driver, call a taxi, call a friend, or just don't drink
alcohol if you are going to need to drive within a few
hours. For some people, in some circumstances, even
one drink can impair their driving abilities, and after
having a few drinks is not the time to decide whether
you're capable of driving (since you will most likely
believe that you are even when your are not).
Q: If I simply intend to plead guilty, why do I need
a lawyer?
A: Even if you are guilty of drunk driving, it is imperative
that you seek the advice of experienced counsel so that
you can minimize your sentence and maximize your opportunities
to move ahead toward a brighter future. Representation
by Vegter & Vegter can equalize the balance of power
between the defendant and the prosecution and to ensure
that the constitutional rights that are guaranteed to
all criminal defendants, whether guilty or not, are
preserved.
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