Some people mistakenly believe that a drunk driving arrest is nothing more than a traffic citation. Traffic offenses are civil in nature and carry a penalty of a minimal fine and possible suspension if there are too many. On the other hand, a conviction for drunk driving will result in a criminal record, significant fines and a possible jail sentence or term of probation along with attendance to victim impact panels.
First and foremost, when you are stopped for a criminal offense and you are being questioned by the police, you have the right to remain silent.
If the police believe you may be a drunk and you choose to answer their question with honesty and you have been drinking, then it will give them probable cause immediately to arrest you and give you a breathalyzer test. Driving and having a drivers license is a privilege so unfortunately, if you refuse to give a breathalyzer test, the results could be damaging.
Keep in mind that your specific legal rights will vary from state to state. This includes at which point you are entitled to demand your attorney to be present.
Not only will you be charged with a criminal offense for drunk driving, but there are administrative penalties that you may be sanctioned with through the DMV. After a conviction, you will almost definitely face a suspension of your driver's license. Therefore, you will most likely have to fight to maintain your license or request a restricted license so you can drive back and forth to work. It’s important to keep in mind that these are separate penalties/sanctions through separate entities so you will need to respond to both, even if you are ultimately acquitted of the criminal charge.
The best way to know your rights, and to make sure you are protected, is to consult with a lawyer who practices drunk driving defense law. It makes sense to consult a specialist because while many lawyers will claim to offer criminal defense services, including drunk driving defense, but will not know all of the nuances of drunk driving defense and what best way to protect your interests. Those attorneys who choose to specialize in drunk driving will best know how to defend you against the charges, how to challenge any breath, blood, or chemical tests, how to dispute the validity of the original traffic stop, and how to best protect your license. They are also more likely to know the consequences if you plead guilty or you are convicted after trial.
It is even more important to consult a lawyer if you have a prior drunk driving conviction, as your court system could impose much more serious penalties on repeat offenders.
This article is not legal advice and is not intended as legal advice. This article is intended to provide only general, non-specific legal information. This article is not intended to cover all the issues related to the topic discussed. The specific facts that apply to your matter may make the outcome different than would be anticipated by you. You should consult with an attorney familiar with the issues and the laws of your jurisdiction. This article does not create any attorney-client relationship.