Once You Are Stopped For Suspicion of Driving While Intoxicated. What Happens Next?
One of the hard choices a driver often faces when pulled over, no matter what the reason for the stop, is whether to take one or several of the tests for sobriety. It’s a big question and affects a lot of people, since there are almost 1.5 million DWI arrests every year. This also means there’s even more traffic stops just involving suspicion of DWI. Every single state in America has adopted a basic rule, involving a blood alcohol content (or BAC) of 0.08 or higher…that rule is called “illegal per se.” If a driver can be shown to be at that level of drugs in their blood, then they can be more easily convicted of a DWI.
You Need An Experienced DWI Attorney
While the goal has been to use these tougher rules to decrease drunk driving, it also has caused more innocent people to face unfair prosecution. These facts make it absolutely imperative for anyone facing a DWI charge to work only with an experienced DWI attorney.
Option To Refuse To Give Blood
Most states specifically allow a driver to refuse to give blood for a BAC test. The cause for this right goes back to 1966, when a police officer in California chased a fleeing suspect in a drunk driving case, and (over the objection of the driver) forced a blood test on them. At the same time, states also then allowed for what is known as an ‘administrative’ suspension of the license for refusing the test. The issue of refusing to take a blood test, or BAC test, is also complicated by the driver’s medical condition or prior arrests for DWI. It’s true that someone cited for a first-time DWI needs an experienced DWI attorney. It’s also true that anyone who has a worry about a second or third conviction for DWI may need to talk with an experienced DWI attorney about refusing future tests.
