Drunk Driving
There are two different criminal charges people usually face with respect to drinking and driving: (1) driving with an alcohol level over the legal limit (.08 for breath and blood; .11 for urine); and (2) driving under the influence of alcohol or drugs. If you are driving and test over the legal limit you will most likely be charged with both offenses. However, if you do not take a blood-alcohol test, test under the limits, or test positive for drugs, you will be charged with the under the influence offense.
In most cases an effective OVI / DUI defense of these charges begins with a challenge to the constitutionality of the stop, the proper administration of the field sobriety tests (the walk and turn, the one-leg stand, horizontal gaze nystagmus or eye test), the proper administration of your blood-alcohol test, and the reliability of your specific blood-alcohol test. This challenge is accomplished through the filing of a Motion to Suppress and an evidentiary hearing. The second step in defending these cases is centered on trial preparation, collection of favorable defense witnesses, evaluation of officer's report, and cross-examination of the officer.
The severity of the penalties associated with conviction vary by the number of times an individual has been convicted of drunk driving / OVI in the last 6 years or within their lifetime. Penalties for a first time offense range from: 72 hours of confinement in jail or a driver intervention program to six months in jail, a $250 - $1,000 fine, and a 6 month to 3 year license suspension. However, the penalties substantially increase for those with prior convictions.
If your license has been suspended, you can receive the right to drive to and from work and for other necessary reasons while your case is pending. There is however, a mandatory suspension period of all driving rights that ranges from 15 to 90 days depending upon whether or not you took the alcohol-breath test and the number of prior convictions you may have. Speaking with an experienced OVI / DUI lawyer may help in eliminating the charges you are facing.