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In 2008, about 30% of all traffic fatalities involved drivers with a blood alcohol concentration (BAC) of 0.08 or higher. This is the legal limit in most states and if you are caught driving, you can face loss of license, fees and even jail time. Yet even if you are arrested for Driving Under the Influence of Alcohol, you still have rights.

In most states, a blood alcohol content (BAC) of greater than 0.08 is considered legally intoxicated. If you drive with a BAC of greater than 0.08, you can face criminal charges as well as civil charges if you were involved in an accident. If your BAC is 2 times over the legal limit (0.17), you can be labeled as a persistent drunk driver and face even stiffer penalties and fines.

If you are pulled over under the suspicion of driving under the influence of alcohol, you will need to submit a test of either your breath or your blood. A blood alcohol test is the best and most accurate way to determine what your blood alcohol content truly is. Breathalyzer tests can be inaccurate and depend largely on the officer's training, proper calibration of the machine and more. As a result, most personal injury attorneys suggest that suspects take a Blood Alcohol Test instead. While you do have the right to refuse to submit a test, attorneys caution against this. Failure to do so results in a mandatory loss of license for a FULL YEAR in many states.

When you request a Blood Alcohol Content Test, you do have rights and police authorities are required to follow certain guidelines. You have the right to have your blood drawn by a qualified healthcare professional and police officers must take you to the nearest clinic or hospital to submit your BAC test. In addition, BAC tests must be drawn within 2 hours from the time you were arrested and they must not be contaminated in any way. These guidelines serve to protect your rights should you be accused of driving under the influence.

A good attorney can help you recover damages for accidents related to a careless drunk driver. If you have suffered a temporary disability or are permanently disabled because someone else had too much to drink and decided to drive, an attorney can make sure that your damages demand includes and explains the full amount needed for your future financial security and maximum possible comfort.

For more information about our commitment to clients involved in DUI related car accident cases, contact a knowledgeable personal injury attorney in your state.


This website is not meant to serve as legal advice of any kind and is only intended for informational, educational, and entertainment purposes only. As Personal Injury Law varies from state to state we recommend you seek legal advice from an attorney or law firm in your state. The information used on this website is copyrighted and used with permission by Dallas Norton, Esq. Denver's Personal Injury Attorney serving personal injury victims in Denver Metro Area and all of Colorado