Frequently Asked Questions

• When is a driver considered to be legally drunk?
  While state impaired driving laws vary, you are considered to be legally drunk with a blood alcohol content (BAC) of .08% or higher.  Alcohol affects everyone differently, but many people can be considered legally drunk after only consuming a couple of drinks. On average, a 185 lb man could … more
• Can I refuse to take a field sobriety test?
  If the police pull you over on suspicion of drunk driving, the police will typically try to give you not only a field sobriety test, but also a breathalyzer test (to test for your BAC concentration). Many states have "implied consent" laws, which mean you are deemed to have already … more
• What happens when someone is arrested for drunk driving?
  Being arrested for a DUI is an experience most of us try to avoid.  In connection with arresting you on charges of impaired driving, you’ll probably be searched by the police, your car will get towed and you’ll be transported to jail where you’ll be … more
• What are the penalties for a DUI incident that resulted in serious bodily injury?
  While state laws vary regarding penalites, if you caused serious bodily injury to another person while driving under the influence you can face prison time ranging from six months to one year, and/or a fine of $2,000 - $5,000. A second conviction for DUI and causing serious bodily injury … more
• What are the penalties for a DUI conviction if another person is injured or killed during the incident?
  It depends on state law.  In many states, the DUI charges will be elevated to felonies, which carrier harsher penalties. If a person is killed during the incident, you could be charged with the felony of vehicular manslaughter. more
• Do all states have aggravated DUI laws?
  No, but all states have laws or sentencing guidelines that can make a DUI conviction more severe. Plus, in response to the continuing trend of drinking and driving in the United States, many states are now passing some version of aggravated DUI laws, whether are called … more
• What are some common factors that will result in an aggravated rather than a regular DUI charge?
  Circumstances surrounding the DUI, such as driving with an extremely high blood alcohol level (BAC), driving with a minor child in the vehicle, causing serious injury or property damage, or having multiple prior DUI convictions are all common scenarios that might lead to aggravated DUI charges. more
• Are the penalties for an aggravated DUI conviction harsher than for a regular DUI conviction?
  Generally, yes. Typically, penalties for an aggravated DUI conviction will include higher fines, lengthier driver’s license suspension periods, a greater likelihood of required substance abuse assessment and/or treatment, and mandatory minimum jail sentences. more