Impaired Driving Laws: Penalties and Defenses

Being arrested for impaired driving is a very serious offense. A DUI or DWI on a person's record is extremely damaging and can have repercussions which extend from beyond the courtroom and into their regular life. They can affect a person's ability to get work, to drive to work, and whether or not they can even get into certain schools. It is not something that should be taken lightly. And for that reason, it is good to know what the penalties are for impaired driving as well as possible defenses that can be employed to prevent this charge from appearing on a criminal record.

Penalties

If convicted of a DUI or DWI charge, the penalties will vary depending upon the state you live in and whether or not this is a first or second offense. There are also certain mitigating circumstances that could affect what kind of penalties you might receive.  However, in general, there are some things that can be counted on to occur.

The penalties are generally harsh and include jail time, insurance coverage being dropped or hiked severely, fines and possible the installation of an ignition interlock system in your car. Your ability to travel will be restricted, and you could have your license revoked anywhere from 90 days to 6 months. Subsequent convictions quite often double these penalties, sometimes making it impossible to get a license back until you have paid large fines and/or spent lengthy times in jail (up to 6 months in some cases), and appeared at alcohol prevention classes, plus pay for an added insurance program in addition to the higher insurance rates you will be forced to pay.

Possible Defenses

It is usually considered a good move to plead not guilty to an impaired driving charge. The effects of being found guilty can be costly and time consuming, and in some instances it may be cheaper to attempt to fight the charge.

The first step is to get an experience attorney. This will be part of the expense, but could pay off in the long run, particularly if you can get the charges dropped or reduced.

• In admissible Evidence: One common defense which is employed is claiming that the blood alcohol test results that the officer got were incorrect or inadmissible as evidence against you since he made an error when he administered the test. It's possible that the device was not properly maintained or calibrated; perhaps the officer wasn't property trained on how to administer the test. He may not have observed you for the proper amount of time prior to giving you the test. He also may not have given you a "chemical test rights" warning which you are entitled to in which case the test results cannot be used. You may even be able to argue that medication you are legally taking tainted the results of the test.
  
• Lack of Probable Cause: If you can make the argument that when the police officer stopped you in the first place he did not have probable cause to arrest you for drunk driving, you can have the results of the alcohol test suppressed so that they are not admissible. This will work if you can successfully make the argument that the arrest itself was illegal.
  
• Another Person was Driving: This could be tricky, but you could argue that the real person driving was extremely drunk and that you thought you were under the legal limit, so you switched places in the car. It is up to the prosecution to prove that you were driving the car. This defense can be difficult; however, because if the officer testifies that he saw you behind the wheel of the car and that you previously admitted to being the driver your defense will be worthless.
  
• No Impairment: You can attempt to produce witnesses to testify in your behalf that they observed you driving shortly before you were pulled over that saw no sign that you were impaired while driving. Though you can attempt this defense without witnesses, it could easily fall apart since police officers themselves are compelling witnesses.
  
• Rising Blood Alcohol Content: This defense can be effective but you must make a compelling case of it. You claim that you were not "above the legal limit" when you were driving. Claim that you did indeed consume alcohol right before driving but that the alcohol didn't yet have time to enter your blood stream. This argument has merit when you consider that depending upon what is already in your stomach it can take up to three hours for your blood system to absorb the alcohol and can therefore continue to rise after you've stopped drinking. You assert that between the time of the traffic stop and the time that the blood alcohol test was administered, the alcohol entered your system causing there to be a misleadingly high test result.

Seek Legal Counsel

All of these defenses can be difficult to make, even though they can also be effective. The best way to preserve your rights and possibly avoid some of the severe penalties of being convicted for driving impaired is to employ a competent attorney: preferably one who has a good deal of experience in this area of the law and a track record that supports it.