The implications for getting convicted for operating under the influence are very serious. License loss, insurance surcharge and incarceration are all possible consequences for being convicted of “drunk driving”. The bottom line is that you need a trial attorney to best advise you. Trying a drunk driving case requires experience.
1. Do I have to take the breath test?
No, you don’t have to take the breath test. Evidence of your refusal to submit to a breath test is generally not admissible against you either. A refusal to take the test will have implications for your license status because of the Registry of Motor Vehicles and the implied consent laws. If you have taken the test and received a reading greater than .08 then you will need an experienced attorney who can investigate how the test was administered, determine whether it was done in accordance with the law, challenge those results and argue to the jury why that reading should not mean automatic conviction.
2. Do I have to take field sobriety tests?
No, you don’t have to take any test that you don’t want to and the refusal to take them, as a general rule, is not admissible against you. As a general rule, the police will administer a battery or series of “standardized field sobriety” tests to try to determine whether you are “under the influence”. Anything you do while performing those tests will be used against you. We have cross-examined hundreds of police officers on behalf of our clients. We know what the police are looking for and the elements of each and every of the so-called “standard” tests.
3. What happens if I get convicted?
That depends on the facts of your case and what number offense it is on your record. A jail sentence is possible and in some cases mandatory. A license loss of anywhere from 45 days to lifetime suspension is also possible. If you receive probation, almost certainly it will include fines, fees, drug and/or alcohol evaluations for counseling, and counseling for substance/alcohol use. The right lawyer can help minimize your exposure and maximize your chance for an acquittal.
4. What are the police looking for if I get pulled over?
The police are looking for evidence of intoxication. They, generally, observe your driving for a period of time to see if you can operate your vehicle properly. They look for things like speed, swerving, marked lane violations and how you stop your car when signaled to do so. Upon approaching your car you will be asked for your license and registration and they will observe how you produce those documents and whether you have any trouble doing so. You will be asked whether you have had anything to drink and how much. The police are also looking for any and all physical signs of intoxication. Such things include odor of alcohol, blood-shot or glassy eyes, your motor skill coordination, the manner you speak and whether you display any confusion with the officer’s questions. If asked to step from your vehicle, they will observe whether you have any trouble getting out of the car.
5. This is my “first offense” and I just want to get it over with, is that the best thing to do?
Getting things done quickly is not necessarily in your best interest. Making decisions early in the case, such as at arraignment, when you’re embarrassed at having been charged or arrested may have life altering consequences. Most convictions or admissions are forever. Always consult an experienced lawyer before making any decision.