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DWI Information
It is unlawful to have an excessive blood-alcohol concentration (BAC) at the time of DRIVING -- not at the time of being TESTED. Since it takes between 45 minutes and 3 hours for alcohol to be absorbed into the system, an individual's BAC may continue to rise for some time after he is stopped and arrested.
Commonly, it is an hour or more after the stop when the blood, breath or urine test is given to the suspect. Assume that the result is .12%. If the suspect has continued to absorb alcohol since he was stopped, his BAC at the time he was driving may have been only .07%. In other words, the test result shows a blood-alcohol concentration above the legal limit -- but his actual BAC AT THE TIME OF DRIVING was below. The other side of that is if a person is intoxicated while driving and is stopped, and is no longer absorbing alcohol, as time elapses his blood alcohol level would begin to fall. For that reason, and also to help rule out a Rising BAC defense, police officers typically try to do testing as soon as possible.
It is unlawful to have an excessive blood-alcohol concentration (BAC) at the time of DRIVING -- not at the time of being TESTED. Since it takes between 45 minutes and 3 hours for alcohol to be absorbed into the system, an individual's BAC may continue to rise for some time after he is stopped and arrested.
Commonly, it is an hour or more after the stop when the blood, breath or urine test is given to the suspect. Assume that the result is .12%. If the suspect has continued to absorb alcohol since he was stopped, his BAC at the time he was driving may have been only .07%. In other words, the test result shows a blood-alcohol concentration above the legal limit -- but his actual BAC AT THE TIME OF DRIVING was below. The other side of that is if a person is intoxicated while driving and is stopped, and is no longer absorbing alcohol, as time elapses his blood alcohol level would begin to fall. For that reason, and also to help rule out a Rising BAC defense, police officers typically try to do testing as soon as possible.
DWI Information
Though this varies according to the laws of the state and the customs of the local jurisdiction, penalties have become very tough in the past few years. Generally speaking, a conviction for a first offense may involve a fine, a license suspension or restriction, attendance at a DUI education course for a period of time, and probation for perhaps three years. A short jail sentence may or may not be required; for a second offense, it almost certainly will.
Additional punishment may involve community service, ignition interlock devices and/or impounding of the vehicle.
Though this varies according to the laws of the state and the customs of the local jurisdiction, penalties have become very tough in the past few years. Generally speaking, a conviction for a first offense may involve a fine, a license suspension or restriction, attendance at a DUI education course for a period of time, and probation for perhaps three years. A short jail sentence may or may not be required; for a second offense, it almost certainly will.
Additional punishment may involve community service, ignition interlock devices and/or impounding of the vehicle.
DWI Answers
You cannot be forced to take the blood, breath, or urine test, but refusing can result in a variety of harsh consequences. Generally, there are three adverse results:
(1) Your driver's license will be suspended for a period of time, commonly three, six or twelve months. This is true even if you are found not guilty of the DUI charge.
(2) In some states, refusal is a separate crime; in others, it adds jail time to the sentence for the DUI offense.
(3) The fact of refusal can be introduced into evidence as "consciousness of guilt". Of course, the defense is free to offer other reasons for the refusal.
Thus, the decision is one of weighing the likelihood of a high blood-alcohol reading against the consequences for refusing.
You cannot be forced to take the blood, breath, or urine test, but refusing can result in a variety of harsh consequences. Generally, there are three adverse results:
(1) Your driver's license will be suspended for a period of time, commonly three, six or twelve months. This is true even if you are found not guilty of the DUI charge.
(2) In some states, refusal is a separate crime; in others, it adds jail time to the sentence for the DUI offense.
(3) The fact of refusal can be introduced into evidence as "consciousness of guilt". Of course, the defense is free to offer other reasons for the refusal.
Thus, the decision is one of weighing the likelihood of a high blood-alcohol reading against the consequences for refusing.
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