Drunk-driving charges
A drunk-driving charge, taken one step at a time
A first charge, a second one, a breath test, a blood draw or a refusal. Each changes the case, and none of them decides it on its own.
The criminal case asks whether the state can prove you were impaired or over the limit. That turns on the reason for the stop, how the officer ran the roadside tests, and whether the breath machine or the blood draw was handled the way the rules require. I read all of it before I give you an opinion.
Drivers under 21 face their own rules and a lower limit. For them, and for their parents, a charge can reach into school, a job offer and the family's insurance, so we talk about those as well.
What I look at first
- 01
The reason for the stop
An officer needs a lawful reason to pull you over. If there wasn't one, the evidence that followed may not come in.
- 02
The roadside tests
Field sobriety tests have a set way to be given. Weather, footwear, the road surface and nerves all count.
- 03
The breath or blood result
Machines need calibration and records; blood draws need a chain of custody. I ask for both.
- 04
The video
Cruiser and booking-room video often tells a different story from the report.
Drunk-driving questions
Is a first charge treated differently?
Often, yes. Many first charges have options that a second charge doesn't. Which ones fit you depends on the facts and your record.
I refused the breath test. Is that worse?
A refusal usually brings its own license suspension, but it also means there's no number for the state to point to. It cuts both ways, and it shapes the strategy.
My child is under 21 and was charged. Who is the client?
Your son or daughter is the client, and what they tell me stays between us. With their permission, I'm glad to talk the process through with you as well.