Criminal Defense Basics
Drunk Driving/DUI Practice CenterIt may seem that the most frightening part of a drunk-driving charge is the possible jail time and monetary fine, but a conviction would affect many areas of your life. You would probably lose your license at least temporarily, making it harder to work and provide for yourself and your family. Sometimes convicted drunk drivers must forfeit their motor vehicles. You would also find it more difficult and more expensive to maintain auto insurance. Contact an experienced drunk-driving defense lawyer today to help avoid these consequences.
Drunk Driving - An OverviewIf you have been stopped for, arrested for or charged with drunk driving, contact The Law Office of Matthew J. Davenport, P.A. in Greenville, NC, as soon as possible to discuss your options and rights with an attorney who has experience handling drunk-driving cases. Drunk-driving law is complex and the guidance of a skilled and knowledgeable lawyer can make a significant difference in a defendant's experience and in the outcome of his or her case.
The Use of Ignition Interlock Devices in Drunk-Driving CasesMost states have regulations that allow or mandate that judges order the installation of interlock devices as a penalty during sentencing in drunk-driving cases. An ignition interlock is a device installed in a car that measures the blood alcohol content of the driver, who must blow into the device before starting the car. If the blood alcohol content (BAC) is above a certain level, the car will not start. Because the laws regarding the use of ignition interlock devices in drunk-driving cases vary from state to state, it is important to speak to an experienced DUI defense attorney in your state
The Prosecutor's Role in a Drunk-Driving CaseProsecution refers to the government's role in the criminal-justice system. When criminal activity is suspected, it is up to the government to investigate, arrest, charge and bring the alleged offender to trial. A prosecutor is a lawyer who works for the government and who is responsible for developing and presenting the government's case against a criminal defendant. Prosecutors may be called county attorneys, city attorneys, district attorneys or states' attorneys. Some jurisdictions may even have experienced police officers act as prosecutors in drunk-driving cases. The prosecutor is the opponent or "adversary" of the criminal defendant and his or her attorney; the two sides go head-to-head against each other in court.
Reliability of Breath-Test Results in a Drunk-Driving CaseIn every state in the U.S., a driver with a blood alcohol concentration (BAC) of 0.08 or higher is presumed to be legally intoxicated for drunk-driving purposes. Each state has also enacted an implied-consent law. Implied-consent laws provide that every licensed driver within the state is considered to have given his or her consent to chemical testing to determine his or her BAC whenever a law enforcement officer has reasonable suspicion of intoxication. In most states, refusal to submit to such a test results in license suspension or revocation.
The Impact of a Drunk-Driving Conviction on Your Auto InsuranceAn alcohol-related car accident and subsequent drunk-driving conviction can bring many negative consequences into your life, possibly including jail or prison time, a criminal record, car repair or replacement, restitution, guilt and grief over harm to others, higher insurance premiums, a civil lawsuit, fines, court and administrative fees, community service, alcohol education, substance-abuse treatment, social stigma, restrictions on or revocation of your driver's license, attorneys fees, restrictive probation and others. If you are arrested for or charged with drunk driving, a lawyer can advise you about your legal rights and help you fight the charges.
Drunk Driving Resource LinksImpaired Driving
Information and resources on drunk driving from a legal and social viewpoint and with a goal of prevention, provided by the National Highway Traffic Safety Administration (NHTSA).
Link to informational chart about the drunk-driving laws of all 50 states plus the District of Columbia, provided by the Insurance Institute for Highway Safety.
Injury Prevention and Control: Impaired Driving Facts, data, publications and other helpful information involving impaired drivers, provided by the Centers for Disease Control (CDC).
The Century Council
A not-for-profit organization dedicated to fighting drunk driving and underage drinking.
American Council on Alcoholism and Treatment
A national nonprofit organization dedicated to educating the public and those with alcohol dependence about the effects of alcohol, alcoholism, alcohol abuse and options for recovery. Extensive information about drunk driving.