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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 0.08 or higher may establish a presumption of intoxication. The details of the 0.08 BAC presumption laws vary among the states, but all 50 states have adopted 0.08 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 driver's-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.

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In 2001, more than 1.4 million drivers were arrested for driving under the influence of alcohol or narcotics. Police and highway patrol officers are cracking down on drunk drivers with increasing frequency as a result of influence from groups like MADD and public outcries in general. If you find yourself at the center of this crackdown, you need an experienced drunk driving attorney to represent your interests and work toward the least restrictive outcome possible.

Joseph J. Colarusso
Connecticut DUI Attorney | New York DWI Lawyer

Pulled over for drunk driving in New York, but live in Connecticut? Live in New York but charged with DUI in Connecticut? With the state borders so close, it’s not unusual for drivers to face charges in a state other than their home state. There can be a difference in the way cases are handled. But wherever you’re charged, you need a drunk driving lawyer who knows the law and has experience taking cases to court. Contact Connecticut drunk driving lawyer Joseph J. Colarusso at 203-325-2200. Joseph Colarusso has been litigating cases for more than 25 years in both New York and Connecticut.

Connecticut DUI defense attorney Joseph Colarusso helps people charged with DUI in Fairfield County, Connecticut, including Stamford, Danbury, New Haven, Greenwich, Darien, and Westport. Colarusso helps people charged with DWI in White Plains, New York, and Westchester County, including New Rochelle, Yonkers, Queens, and Scarsdale.

Drunk Driving - An Overview

If you have been stopped for, arrested for or charged with drunk driving, contact an attorney who has experience handling drunk-driving cases as soon as possible to discuss your options and rights. Drunk-driving law is complex and the guidance of a skilled and knowledgeable lawyer can make a significant difference in a defendant's experience and in the outcome of his or her case.

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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.

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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.

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Reliability of Breath-Test Results in a Drunk-Driving Case

In every state in the U.S., a driver with a blood alcohol concentration (BAC) of 0.08 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.

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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 driver's 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.

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Joseph J. Colarusso, Attorney at Law

Stamford, CT
1234 Summer Street
Stamford, Connecticut 06905
Telephone: 203.977.2415
Fax: 203.325.3066

White Plains, NY
245 Main Street, Fourth Floor
White Plains, NY 10601
Telephone: 914.946.2777
Fax: 203.325.3066

Under Arrest? Call our 24-Hour Emergency Number: 203-325-2200
Practice Area Overview

DUI / DWI
DUI, DWI, DWAI, Zero Tolerance






Sex Offenses
Rape, Date Rape, Sexual Assault, Child Abuse, Child Molestation, Indecent Exposure, Lewdness


Violent Crimes
Murder, Homicide, Manslaughter, Kidnapping, Assault and Battery, Domestic Violence


Drug Offenses
Drug Offenses Possession, Possession with Intent to Sell, Drug Trafficking, Aiding and Abetting in the Distribution of Drugs


Theft
Theft, Burglary, Larceny, Shoplifting,
or Possession of Stolen Property


Traffic Violations /
Motor Vehicle Offenses
Speeding, Drunk Driving, Moving Violations,
or Insurance Violations


White Collar Crimes
Larceny, Embezzlement, Forgery, Fraud,
Extortion, Blackmail, Perjury, Bribery,
and Counterfeiting


Federal Crimes / RICO Act
Conspiracy, Weapons Trafficking,
and Gang-related Activities


Juvenile Offenses
Speeding, Drunk Driving, Moving Violations,
or Insurance Violations




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Law Offices of Joseph J. Colarusso
1234 Summer Street
Stamford, CT 06905
T: 203-325-2200 Email Us

245 Main Street, Fourth Floor
White Plains, NY 10601
T: 914.946.2777 Email Us

24-Hour New Arrest Hotline 203-325-2200
We accept Mastercard/Visa

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New York and Connecticut white collar crime attorney Joseph Colarusso serves clients throughout Fairfield, New Haven, Hartford, and Litchfield counties in Connecticut, including such communities as Norwalk, Stamford, Danbury, New Haven, Newtown, New Milford, Greenwich, Darien, Wilton, Branford, Guilford, Madison, Fairfield, Stratford, New Canaan, and Westport. In New York, he represents clients throughout Westchester County and such cities as White Plains, New Rochelle, Yonkers, Queens, Scarsdale, Mt. Pleasant, North Castle, Greenburgh, Armonk, Bedford, Pound Ridge, Port Chester, and New York City.