At the Law Offices of Heath D. Harte we help our clients protect their rights in face of criminal

charges including DUI/DWI cases. Our affordable Stamford criminal attorneys have encountered

many questions about drunk driving charges in our 25+ years. Here are some of the most

frequent questions and answers about DWI/DUI charges.

How drunk or high does some have to be before being considered “impaired?”

In order to be considered “impaired,” the effects of alcohol or drugs (including prescription

drugs) must prevent him or her from thinking clearly or driving safely. The point of impairment

often comes before the driver is considered “drunk” or “stoned.”

However, a driver over the age of 21 who has blood alcohol content (BAC) of.08% or above is

considered guilty of a DUI/DWI. Under the age of 21, drivers are can be convicted if their BAC

is greater than .01% or .02%, depending on the state.

How can the police tell whether a driver is under the influence?

Police use observations, sobriety tests, and blood-alcohol tests to determine if a driver is

impaired.

Observation. Most DUI/DWI charges begin with a traffic stop. Officers look for drivers who are

driving erratically—swerving, speeding, running lights and stop signs, or even driving too

slowly. Of course, there may be a good explanation for your driving—fatigue, emotional

distraction, etc.—but an officer is also going to notice if your words are slurred, you have

unsteady movements, or your breath smells of alcohol.

Sobriety tests. If an officer suspects that you are under the influence of drugs or alcohol, they

may ask you to get out of the car and perform a series of balance and speech tests. If you fail

these tests, the officer may either arrest you or ask you to take a chemical BAC test.

Blood alcohol tests. The amount of alcohol in your body can be measured in a sample of blood,

urine, or breath. Some states give you a choice of what kind of sample they take, others do not. If

the driver tests at or above .08% BAC they will be presumed driving under the influence.

Can I refuse to take a BAC test?

While you may refuse to take a chemical BAC test, almost every state has an “implied consent”

law, meaning that a refusal can result in a suspension of your driver’s license from three to 12

months. In New York, refusing to take the test can result in steep consequences.

For answers to more questions or for DUI/DWI representation, click here or call (800) 928-9320

to schedule a consultation with an experienced New York and Connecticut criminal defense

attorney.