DUI Traffic Tickets

Traffic Violations

Our firm assists clients with traffic tickets, DUI/DWI and other criminal charges that do unfortunately impact clients or their families' lives. We strive to provide competent and confidential representation to all clients who are charged with a crime.

A DUI conviction carries heavy penalties, and it is absolutely imperative that you find the best attorney available.

The information contained in this site is not intended as legal advice.

·  How much?

·  Why were you stopped?

·  The Types of Test

How Much?

This is a simple question, and quite possibly the most important. Many factors will combine to determine your level of intoxication, including not only the amount of alcohol, but also the rate of consumption, time period, and type. The following chart will give you an idea of your BAC or blood alcohol content. However, there are so many other factors involved in this determination that this chart should only be used as a general guide.

he red area represents legal intoxication levels

Why were you stopped?

There must be a good reason why the arresting officer stopped you. Of course, police are trained to look for drivers who are exhibiting suspicious behavior. In many cases, a drunk driving arrest is made after a routine traffic stop, such as a broken taillight.

The National Highway Traffic Safety Administration (U.S. DOT-NHTSADOT HS 805711) publishes a list of suspect behaviors, including the percentage chance (according to the DOT) that a driver at night is legally drunk. Here is the list:

·  Turning with a wide radius 65%

·  Braking Erratically 45%

·  Straddling Center or Lane Marker 65%

· "Appearing" To Be Drunk (e.g., Slouching in the seat, Gesturing erratically or obscenely, Eye fixation, Tightly gripping the steering wheel Face close to the windshield, Drinking in the vehicle, Driver's head protruding from vehicle) 60%

·  Weaving 60%

·  Driving on Other Than Designated Roadway 55%

·  Swerving 55%

·  Slow Speed (More Than 10 MPH Below Speed Limit)     50%

·  Following Too Closely 50%

·  Drifting 50%

·  Tires on Center or Lane Marker 45%

·  Driving Into Opposing or Crossing Traffic 45%

·  Signaling Inconsistent With Driving Actions 40%

·  Slow Response to Traffic Signals 40%

·  Stopping Inappropriately (Other Than in Traffic Lane)     35%

·  Turning Abruptly or Illegally 35%

·  Accelerating or Decelerating Rapidly

·  Headlights Off 30

Not all of the behaviors listed above give the police officer the legal right to stop the car. If your car was stopped illegally, then it could have severe implications for the admissibility of further evidence found in the car. A legal expert is essential in analyzing the initial traffic stop.
 

The Tests

"Breathalyzer"

There are two types of breath tests available to law enforcement. The first is a called a PBT, or portable breath tester. This device is used to establish probable cause for the arresting officer in the field. The results of this test will not necessarily be submitted as evidence in a trial. It used primarily to give the officer cause to detain a driver suspected of drunk driving.

The second machine used by law enforcement is the BAC Verifier DataMaster II. This is a larger machine centrally located at the police station. The results of this machine are most likely to be submitted as evidence in a court of law. In most states, failure to submit to this test will result in an automatic administrative suspension of a driver's license.

A person facing the decision to take or refuse the breath test should call an attorney immediately to discuss the consequences of that decision in connection with the specific facts of the case. Generally the consequences of refusing a test are more severe than taking it and flunking.

The law regarding taking or refusing the breath test is one of the most complicated areas of DUI law. Any person who is asked to take a breath test by a law enforcement officer should ask to contact an attorney immediately.

You will probably be surprised to learn how much time it takes for your body to eliminate alcohol from the bloodstream even though you can raise your BAC quickly by slamming drinks. BAC goes down at a slow and predictable rate. This is because your liver can only metabolize a predictable blood alcohol concentration per hour.

The normal body will metabolize between .015 percent and .020 percent BAC per hour. We use a conservative .016 percent BAC per hour in the following charts. Some heavy drinkers may eliminate alcohol at a slightly higher rate and certain physical conditions may cause some people to metabolize alcohol at a slower rate.

The following charts will give you an idea of the number of hours it takes for women and men to reach zero BAC (no alcohol remaining in the blood stream) for a variety of body weights and different numbers of drinks.

Instructions:
1. Find the chart for women or men.
2. Find your weight along the left edge of the chart.
3. Find the amount of drinks consumed during the entire drinking episode in the top row.
4. Note where the "Number of Drinks" consumed and your weight intersect. This is the number of hours to zero BAC from the time you started drinking.