Information Center Drunk Driving/DUI

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Frequently Asked Questions about Drunk Driving

Q: What is "blood-alcohol concentration" or "blood-alcohol level"?

A: Blood-alcohol concentration (BAC) is the level of alcohol in the bloodstream from drinking alcoholic beverages. BAC readings are used in court as evidence in drunk-driving cases. The most common method of measure is a breath test, although blood and/or urine testing is sometimes done. A result of .08 or higher may establish a presumption of intoxication. The details of the .08 BAC presumption laws vary among the states, but all 50 states have adopted .08 as their official intoxication level, in large part because of a federal threat of otherwise withholding highway funds.

Q: Can I refuse a Breathalyzer® test?

A: Every state has its own version of an implied consent law providing that a driver impliedly consents to alcohol testing just by the act of driving. In many states, a refusal to take a breath test is itself a criminal violation subject to stiff penalties. For example, refusing a breath test might result in automatic drivers-license suspension or revocation. If you are ultimately found guilty of a drunk-driving offense, there may be additional penalties because of the test refusal, such as a stiffer sentence. Your test refusal may also be used as evidence against you in a drunk-driving case.

More than 1.4 million drivers in the U.S. were arrested for driving under the influence of alcohol or illegal drugs in 2001. Law enforcement officers nationwide are stepping up their enforcement of the drunk driving laws, largely in response to public outcry and the influence of lobbying groups such as Mothers Against Drunk Driving (MADD). If you find yourself caught up in this crackdown, you need an attorney with experience defending drunk driving cases to look out for your interests and to help you get the best results possible.

Many individuals charged with a DUI are convinced that a conviction is inevitable. At the law office of Rob McKinney, Attorney at Law in Nashville, Tennessee, we look at all aspects of your drunk driving case, including the motivation for the initial stop. We also analyze the testing procedures performed to determine if you were legally drunk. Many misconceptions exist about DUI's and what your rights are if you are pulled over by law enforcement. Listed below are various resources that can help answer your questions and help you to understand that you do have rights and a guilty plea is not the only means to resolve your case.

Overview of Drunk Driving

Each US state has its own set of drunk-driving laws, and in some states drunk driving is a crime, while in others, like New Jersey, it is classified as a traffic offense. While drunk-driving laws do differ among the states, there are certain concepts and features common to most states' drunk-driving jurisprudence. Basically, as we all know, operating a motor vehicle after consuming alcohol and/or drugs to a degree that impairs a person's judgment and ability to drive safely is a serious offense. Both criminal and civil penalties for drunk driving can be harsh and often include:

Loss or suspension of license
Large fines
Substance-abuse treatment
Jail or prison time
Community service
Restitution
Criminal record
Restrictive probationary license programs, including ignition interlock devices and Cinderella licenses

In addition, the social stigma and effect on your career may have lifelong negative consequences.

The Use of Ignition Interlock Devices in Drunk-Driving Cases

Most 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 device is 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 Case

Prosecution 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 Case

In every state in the US, a driver with a blood-alcohol concentration (BAC) of .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 Insurance

An 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 drivers 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/DUI Resource Links

About.com: Alcoholism and Substance Abuse
Links to articles and resources about drunk driving.

Impaired Driving Division - National Highway Traffic Safety Administration
NHTSA's Impaired Driving Division provides information and resources on drunk driving from a legal and social viewpoint and with a goal of prevention.

Insurance Institute for Highway Safety
Link to informational chart about the drunk-driving laws of all 50 states plus the District of Columbia.

Center for Disease Control (CDC) - Impaired Driving
Facts, data, publications and other helpful information involving impaired drivers.

The Century Council
A not-for-profit organization dedicated to fighting drunk driving and underage drinking.

Tell Us About Your Case

NOTE: Labels in bold are required.

Rob McKinney
Attorney at Law
214 2nd Ave N., Suite 103
Nashville, TN 37201

Phone: 615-259-9009
Toll-Free: 1-866-502-0009
Fax: 615-242-5967

"There are precious times in our lives when we are blessed with people in our life who make a difference. Although at times we may not have the right words to express just how grateful we are, we truly are grateful. God has brought you into our life, and we are forever thankful for you and all that you have done. Even if at times we may not say so. The picture included is of our daughter. We believe that it is she who will benefit the most from what you have done for us. Because of you, her father will be returned to her soon. That is why I would like to say thank you. People may not take the time to acknowledge the great work that you do or have done, but we want you to know that we do."

Thank You So Very Much - Nathan

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Thank you so very much Rob,

My regret is that we met under such a circumstance, my second regret is that we did not seek you sooner. Joshua's father did something good, he introduced us to you. You have been so important to us, some good comes from every misfortune, we were able to know you, and appreciate your talent.

Maybe Josh will further his education, if so this money will help him.

We will never forget you,
Thank you Robin,
(names omitted to protect confidentiality)

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Dear Rob,

I wanted to take this time to sincerely thank you for your success in my court case on May 6th. I know this is a little delayed as I have been busy as we all are... Anyway, I want you to know how much I appreciate your attention to detail and your professionalism. I made it through the 48 hours and have put it past me. Thanks once more for your ability to get it reduced and if I ever need legal assistance in the future, you have proven yourself to me.

Sincerely,

A.W.

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Rob,

Thank you for always taking care of Charles, Jessica and Drew for me. Without your help I would not know what to do or who to turn to. You are more to us than just a lawyer. Your are a friend someone who is always there for us.

Thank you,

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Dear Rob,

I just wanted to say thank you for everything you have been doing for me. It's comforting to know I've got you on my side. You're the BEST!!

Thanks again,

PS I really can't thank you enough.

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Rob,

Thank you so very much for all you have done and are still doing. Thank you for being such a great attorney in our time of need. You made a difficult situation endurable.

Sincerely,

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Dear Rob,

Sincerely,
A.W.

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Attorney Rob was the attorney I hired to defend me for a DUI arrest I experienced in 2007. It took place in a TN county that is notorious for refusing to plead down DUI's to lesser charges under any circumstances, and for insisting on nothing less than at least the minimum sentencing requirements for this offense. (Williamson) Upon the very first viewing of my "arrest tape" that we were finally allowed to see - along with the arresting officer, Rob was able to spot the officer giving me a bad command, starting me out on the wrong foot. Rob, himself, has been through field sobriety courses, has achieved certification, and knows the correct procedures the officers should follow. When he pointed this out to him, the officer was evidently rattled enough to realize that he had even more to lose than just the case if it went to trial. This one factor influenced heavily the outcome of my case. Rob was able to help me plead to a lesser charge of reckless driving, with no jail time, and 6 months of probation. I thoroughly believe that if Rob had not brought this to the attention of the officer during our viewing of the tape, we might have had to go through an even more protracted period of having to wait, and then go through a stressful trial. My case, otherwise, was one that most people, with untrained eyes, would view as "borderline." I did not deserve to be penalized to the degree that the county of Williamson was set on, and Rob McKinney made sure that it did not happen. I highly, unreservedly, recommend Rob McKinney to assist you in your DUI case. He is fierce and fearless when it comes to supporting his clients. July 23, 2008

Rob McKinney, Attorney at Law serves clients throughout Tennessee, including Nashville, Franklin, Springhill, Fairview, Brentwood, Murfreesboro, Hendersonville, Gallatin, La Vergne, Portland, Lebanon, Mount Juliet, Ashland City, Dickson, Centerville, Goodlettsville, Smyrna, Clarksville, Davidson County, Rutherford County, Williamson County, Cheatham County, Dickson County, Hickman County, and Sumner County.

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