A person commits the offense of driving under the influence when he drives, or is in actual physical control of, a vehicle while under the influence of alcohol and/or drugs to a degree which renders such person incapable of safely driving. A drunk driving conviction can lead to jail or prison time, large fines, and suspension or revocation of your driver’s license.

The Prosecutor must prove that your blood alcohol concentration (BAC) at the time of the offense was at or above a statutory limit of 0.08. To prove you were DUI, the Prosecutor usually relies on a “Breathalyzer.” In some cases, the Prosecutor will obtain a warrant to for your blood and/or urine sample. However, the use of a Breathalyzer is the most popular scientific method for establishing that drunk driving. In some cases, we have been able to challenge the results of such tests in court successfully, preventing a DUI conviction. Acevedo Law has the experience to advise you whether the “Breathalyzer” test results may be subject to challenge in your case.

Yes, you can refuse a Breathalyzer at the scene and the police station. However, refusing to submit to a Breathalyzer test will result on a longer suspension of your license. Also, refusing to take the Breathalyzer test may be used against you at trial