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It is unlawful to have an excessive blood-alcohol concentration (BAC) at the time of driving — not at the time of being tested. Since it takes between 45 minutes and 3 hours for alcohol to be absorbed into the system, an individual’s BAC may continue to rise for some time after he is stopped and arrested.
→ Read MoreFlorida first used the Intoxilyzer 8000, the machine that conducts breath tests, in March 2006 and issues have been litigated with it from the very beginning, according to David Katz, a Florida attorney whose practice focuses in the areas of DUI and criminal defense and a former Intoxilyzer Specialist with the State of Florida.
→ Read MoreDrunk driving, sometimes called driving while intoxicated (DWI) or driving under the influence (DUI), can stem from two different scenarios under drunk driving laws: the first is when a driver has high blood-alcohol levels, and the second is when a driver is physically impaired by the use of a substance. A drunk driving offense is taken very seriously by authorities because of the excessive number of drunk driving-related deaths that have been reported in recent decades.
→ Read MoreInformation about Washington DUI laws and the penalties for convictions under those laws.
→ Read MoreInformation about Texas DWI laws and the penalties for conviction under those laws.
→ Read MoreDiscussion of criminal status of offenses and penalties for convictions under Arizona DUI law.
→ Read MoreInformation about California DUI law and the penalties of conviction under those laws.
→ Read MoreGenerally speaking, there are four types of evidence that a police officer will consider and gather in a drunk driving investigation: gross observations of behavior in general; specific observations of what are known as ‘field sobriety tests’ (FST); information obtained from questioning the suspect; and chemical test results of the motorist’s blood, breath or urine.
→ Read MoreOriginally, there were only two offenses a drunk driver could face: a DUI or a DWI. In recent years, however, a large majority of states have also enacted a second, so-called ‘per se’ offense: driving with an excessive BAC, or blood-alcohol concentration, which is set at 0.08% in all 50 states now. If you refuse a chemical test, only the traditional DWI/DUI offense will be charged because an officer is unable to accurately assess you blood alcohol content.
→ Read MoreThe most common defenses to drunk driving attack either the act of driving itself or the way in which a crucial piece of evidence was…
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