First of all, it’s important to note that being arrested for drunk driving is not the same as a standard traffic offense, where you’re just given a citation. Most traffic violations are civil matters with usual penalties consisting of monetary fines or a possible temporary license suspension (in most cases). However, a drunk driving offense is a criminal matter – resulting in a criminal record, probation or extended jail time.
But, to begin with, the accused should understand that as with all criminal accusations – they have constitutional rights. One of the most fundamental of those rights is the right to remain silent. They may wish to remember that right should they find themselves being questioned by the police. There are many people who will admit to the police, at the time of their questioning that they, in truth, have been drinking. This may be considered grounds for “probable cause” and will initiate an arrest and diagnostic procedures (usually in the form of a breathalyzer test).
The most expeditious way to understand legal rights and to know how to address any charges or penalties is to consult an attorney who is versed in drunk driving laws. An accused driver may need to consult with a lawyer who understands certain specific points – such as how to call into question the legal reasons for the original stop and to debate the validity of any alcohol blood level diagnostics performed. They may also be familiar with the prior decisions of the judge that is handling the case.
Finally, it is most important that the accused seek qualified legal counsel if they have any prior DUI convictions, as the penalties are usually much more severe for subsequent convictions.
According to M.A.D.D. (Mothers Against Drunk Driving):
· Over 1.46 million drivers were arrested in 2006 for driving under the influence of alcohol or narcotics. This is an arrest rate of 1 for every 139 licensed drivers in the United States.
· On average someone is killed by a drunk driver every 45 minutes. In 2008, an estimated 11,773 people died in drunk driving related crashes.
· A 2008 AAA poll measuring the traffic safety culture of Americans, found that 80% supported requiring drivers who have been convicted of DWI to use equipment that tests them for alcohol, i.e. an ignition interlock device. Also, 88% of the respondents in the poll felt that drunk driving is a serious traffic safety concern.
Please note that this article is for informational purposes only and is not intended as legal advice.
If you have been accused of driving while intoxicated, it’s important to know your legal rights. Click here for more information or contact Bloom Legal – serving clients in New Orleans, Louisiana.