QUESTIONS & ANSWERS

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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 done in some instances. If the level is found to be at or over .10, or .08 in some states, the test results can establish a presumption of impairment.

Some courts allow the defendant in a drunk driving case to challenge the scientific accuracy of Breathalyzer tests in general, whereas others may allow challenges based on the particular circumstances of a test, such as improperly calibrated equipment or inadequately trained officers. If the test results are inadmissible or can be challenged, the case will have to be proven based on other evidence, such as eyewitness testimony and field-sobriety test results.

Many drunk driving offenders are forced to rely on public transportation or rides from friends and family for transportation to and from work during periods of license suspension or revocation. In some cases, offenders may be granted a “hardship license,” allowing them to drive just to and from work. However, if an offender is caught driving outside of those strict limitations, further penalties will be imposed.

Although your rates will likely be higher, your insurer may continue to insure you even after a conviction. 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 the rates are much higher.

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. Criminal defense attorneys are needed to 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 are preserved.