A diversion is an agreement with the prosecutor in which the prosecutor agrees to dismiss your case if you complete certain requirements. The requirements usually include paying a diversion fee and court costs, obtaining an alcohol evaluation and following the evaluator’s recommendations, and not committing any other crimes. If you comply with the requirements for […]
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The National Highway Traffic Safety Administration has adopted standardized field sobriety tests (“SFTS”) that may produce reliable indications of intoxication. But they are only reliable if police administer the tests correctly. The three SFTS tests and the “clues” that law enforcement officers look for are based on the premise that intoxicated drivers cannot effectively divide […]
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Showing estimated percent of alcohol in the blood by number of drinks in relation to body weight. This percent can be estimated by: Count your drinks (1 drink equals 1 ounce of 100-proof liquor, one five ounce glass of table wine or one 12-ounce bottle of regular beer). Use the chart below and under number […]
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If you are pulled over for suspicion of driving under the influence, you will be asked to perform field sobriety tests. Failing the tests will almost certainly result in arrest. Your performance on the tests will be used against you in court. They are powerful evidence, and an officer’s testimony that you failed them can […]
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If you are arrested for DUI, you will be read an “implied consent advisory” and asked whether you will consent to take a blood alcohol test, usually in the form of a breath test. You should consider the following when deciding whether to refuse or take the test. Effective July 1, 2012, it is a […]
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The potential penalty for a DUI conviction depends on whether you are charged with a first, second, third, fourth, or subsequent DUI. For arrests on or after July 1, 2012, only convictions after July 1, 2001 count as prior convictions. A prior diversion is considered a prior conviction. The rules for determining what counts as […]
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