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Frequently Asked Questions about Drunk Driving

Q: What is "blood alcohol concentration" or "blood alcohol level"?

A: Blood alcohol concentration (BAC) is the level of alcohol in the bloodstream from drinking alcoholic beverages. BAC readings are used in court as evidence in drunk-driving cases. The most common method of measure is a breath test, although blood and/or urine testing is sometimes done. A result of 0.08 or higher may establish a presumption of intoxication. The details of the 0.08 BAC presumption laws vary among the states, but all 50 states have adopted 0.08 as their official intoxication level, in large part because of a federal threat of otherwise withholding highway funds.

Q: Can I refuse a Breathalyzer® test?

A: Every state has its own version of an implied consent law providing that a driver impliedly consents to alcohol testing just by the act of driving. In many states, a refusal to take a breath test is itself a criminal violation subject to stiff penalties. For example, refusing a breath test might result in automatic driver's-license suspension or revocation. If you are ultimately found guilty of a drunk-driving offense, there may be additional penalties because of the test refusal, such as a stiffer sentence. Your test refusal may also be used as evidence against you in a drunk-driving case.

Most states have lowered the maximum amount of alcohol that may legally be in an adult driver's system (called the blood alcohol level, or BAC), from .10 percent to .08 percent. More than a dozen states have so-called "zero tolerance" laws for drivers under 21. Those laws prohibit young drivers from having any measurable quantity of alcohol in their system. The lower blood alcohol levels mean that your chances of being arrested and prosecuted if you drink and drive have become even greater. A complicated set of legal challenges awaits you if you are arrested for drunk driving. You need a skilled and experienced drunk driving defense attorney.

Maricopa County DUI Lawyer

Experienced Drunk Driving Defense

Free Consultation: 480-600-4DUI (4384)

Arizona has tough penalties for driving under the influence or driving while impaired to any degree by drugs or alcohol. Contact Maricopa County DUI lawyer Cheryl A. Brown, L.L.C. if you have been arrested for drunk driving in the greater Phoenix, Arizona, area.

I have defended numerous clients in all types of DUI cases, from underage DWI to aggravated DUI, and I take the time to learn about their personal situation. I will thoroughly examine your case for any grounds to have the charges dismissed, and I am skilled at negotiating lesser charges or minimum penalties. We may be able to challenge the arrest, the BAC, blood or Intoxilyzer test results, or any other evidence. I practice in all courts in Maricopa County and know the rules facing local Prosecutors. The stakes are too high to hire an inexperienced attorney. I have extensive experience in drinking and driving cases — schedule a free consultation today.

Drunk Driving - An Overview

If you have been stopped for, arrested for or charged with drunk driving, contact an attorney who has experience handling drunk-driving cases as soon as possible to discuss your options and rights. Drunk-driving law is complex and the guidance of a skilled and knowledgeable lawyer can make a significant difference in a defendant's experience and in the outcome of his or her case.

The Use of Ignition Interlock Devices in Drunk-Driving Cases

Most states have regulations that allow or mandate that judges order the installation of interlock devices as a penalty during sentencing in drunk-driving cases. An ignition interlock device is installed in a car that measures the blood alcohol content of the driver, who must blow into the device before starting the car. If the blood alcohol content (BAC) is above a certain level, the car will not start. Because the laws regarding the use of ignition interlock devices in drunk-driving cases vary from state to state, it is important to speak to an experienced DUI defense attorney in your state.

The Prosecutor's Role in a Drunk-Driving Case

Prosecution refers to the government's role in the criminal-justice system. When criminal activity is suspected, it is up to the government to investigate, arrest, charge and bring the alleged offender to trial. A prosecutor is a lawyer who works for the government and who is responsible for developing and presenting the government's case against a criminal defendant. Prosecutors may be called county attorneys, city attorneys, district attorneys or states' attorneys. Some jurisdictions may even have experienced police officers act as prosecutors in drunk-driving cases. The prosecutor is the opponent or "adversary" of the criminal defendant and his or her attorney; the two sides go head-to-head against each other in court.

Reliability of Breath-Test Results in a Drunk-Driving Case

In every state in the U.S., a driver with a blood alcohol concentration (BAC) of 0.08 or higher is presumed to be legally intoxicated for drunk-driving purposes. Each state has also enacted an implied-consent law. Implied-consent laws provide that every licensed driver within the state is considered to have given his or her consent to chemical testing to determine his or her BAC whenever a law enforcement officer has reasonable suspicion of intoxication. In most states, refusal to submit to such a test results in license suspension or revocation.

The Impact of a Drunk-Driving Conviction on Your Auto Insurance

An alcohol-related car accident and subsequent drunk-driving conviction can bring many negative consequences into your life, possibly including jail or prison time, a criminal record, car repair or replacement, restitution, guilt and grief over harm to others, higher insurance premiums, a civil lawsuit, fines, court and administrative fees, community service, alcohol education, substance-abuse treatment, social stigma, restrictions on or revocation of your driver's license, attorneys fees, restrictive probation and others. If you are arrested for or charged with drunk driving, a lawyer can advise you about your legal rights and help you fight the charges.

Drunk Driving Resource Links

Impaired Driving - National Highway Traffic Safety Administration
Information and resources on drunk driving from a legal and social viewpoint and with a goal of prevention.

Insurance Institute for Highway Safety
Link to informational chart about the drunk-driving laws of all 50 states plus the District of Columbia.

Centers for Disease Control (CDC) - Impaired Driving
Facts, data, publications and other helpful information involving impaired drivers.

The Century Council
A not-for-profit organization dedicated to fighting drunk driving and underage drinking.

American Council on Alcoholism and Treatment
A national nonprofit organization dedicated to educating the public and those with alcohol dependence about the effects of alcohol, alcoholism, alcohol abuse and options for recovery. Extensive information about drunk driving.

The Phoenix, Arizona, law firm of Cheryl A. Brown, L.L.C. represents clients throughout Maricopa County, including Glendale, Avondale, Goodyear, Litchfield Park, Tempe, Scottsdale, Mesa, Gilbert, Paradise Valley, Buckeye, Peoria, Chandler, Sun City, Surprise, Guadalupe, Tolleson, Youngtown, Apache Junction, Tonopah, Prescott, Yuma, as well as Pinal, Yavapai and Yuma counties.