Drunk driving - Best lawyers

Life's reality brings social events and moments of enjoyment, but when alcohol consumption meets driving, you face one of the most serious offenses in traffic law: drunk driving. If you've been stopped for a sobriety test or received a summons for this offense, you're at a critical point where the future of your driver's license, and sometimes your criminal record, hangs in the balance.

A drunk driving attorney is the professional designed to significantly minimize the damage, examine every evidentiary or procedural failure in police conduct, and work with full determination to reduce penalties, and in some cases even dismiss the charges. Don't face the prosecution alone – focused legal representation is the difference between prolonged license suspension and maintaining your mobility freedom.

Legal Basis and Sanctions: Why Is Drunk Driving So Serious?

Drunk driving is not just a traffic offense, it is perceived as a serious criminal offense, and the legislature has declared war on it. The goal is to deter and protect the public from life-threatening danger. The legal consequences are dramatic, starting from the moment of the initial detention.

Who Is "Drunk" According to the Law?

The law defines a driver as drunk in one of two main ways, both tested using dedicated devices:

1. Breath test (breathalyzer): Alcohol concentration of 240 micrograms or more per liter of exhaled air (legally, there are various deviations, but this is the general threshold commonly used).
2. Blood test: Alcohol concentration of 50 milligrams or more per 100 milliliters of blood.
3. Drug use: Anyone who drives while having placed a dangerous drug or its metabolic products in their body, even if it's medical cannabis (without special authorization and subject to guidelines).

Mandatory Punishment and Fines

The law stipulates a mandatory minimum punishment for drunk driving: driver's license suspension for at least two years, unless the court determines, for special reasons to be detailed, a shorter suspension period. In addition to the minimum suspension, the punishment usually includes:

• Particularly high monetary fine.
• Probation, and sometimes even actual imprisonment (especially in case of repeat offense or aggravating circumstances such as an accident).
• Financial undertaking to refrain from committing the offense in the future.

Important to know: The severity of the punishment requires you to immediately seek legal advice that can, through experience and knowledge, find a way to activate the court's discretion in your favor.

Can You Avoid the Initial 30-Day Administrative Suspension?

Upon receiving the ticket, an authorized police officer can impose an administrative suspension of 30 days on you (plus vehicle immobilization for 30 days in certain cases). An expert attorney can file an urgent request to cancel or shorten the suspension to the traffic court as part of a "hearing." The court will examine the evidence, the level of danger, and the damage that will be caused to you as a result of the suspension, and may order its cancellation or shortening. Don't give up this right – quick contact with an attorney is the key.

Exposing Procedural Failures: How to Fight the Prosecution's Evidence?

Successful defense in drunk driving offenses usually does not focus on denying the drinking, but on meticulous analysis of evidentiary and procedural failures that occurred from the moment of detention until the testing stage. The law and case law establish strict rules for the police regarding how tests should be conducted, and any significant deviation may lead to disqualification of the entire evidence.

Critical Inspection Points That Attorneys Focus On:

Breathalyzer Test:

• Was the required "waiting period" performed? The law requires waiting at least 15 minutes between the time the vehicle stops and the first breathalyzer test, to prevent false readings resulting from alcohol residue in the mouth or other substances.
• Device integrity and calibration: Was the breathalyzer device calibrated according to law? Did it pass a zero test before the examination? The attorney will request all documents proving the device's integrity.
• Officer training: Is the operating officer an authorized operator who acted according to the precise instructions for device operation?
• Right to consultation: Were you given a reasonable opportunity to consult with an attorney before performing the test? Violation of this right can be a strong ground for test disqualification.

Physical Characteristics Test:

The characteristics test (such as walking in a straight line, touching the nose, etc.) serves as evidence of lack of control and impaired judgment. The attorney will examine whether the test was performed under appropriate conditions (such as a flat surface, without rain or wind) and whether the officer completed the report objectively.

Blood Test (in exceptional cases or refusal):

A blood test is considered stronger evidence but requires authorizations and consent. The attorney will examine whether your consent was obtained legally, whether it was performed promptly by an authorized medical entity, and whether the "chain of custody" was maintained in the test (referring to the way the sample was transferred and stored until laboratory testing).

Important to remember: Any significant failure in one of these points, especially failures related to fundamental rights or the testing procedure itself, may lead to filing a request for "evidence disqualification" – and in some cases, to the collapse of the entire case.

Dangers of Test Refusal and Representation of New or Young Drivers

Two specific groups receive even more severe treatment under the law, and legal representation for them requires special expertise.

Refusal to Take Sobriety Test: The Most Severe Punishment

The law views refusal to take a sobriety test (breathalyzer or blood test) with extreme severity, and it is considered in itself as if you drove drunk, regardless of the actual alcohol level. Moreover, the punishment threshold for refusal is more severe:

• Mandatory license suspension for at least two years, without possible exception for "special circumstances" in the first year of suspension, in many cases.
• Proving the refusal: The attorney will examine whether the officer explained to you the meaning of refusal clearly and unambiguously and whether you were given an opportunity to change your mind. In cases of misunderstanding, confusion, or medical condition, it may be possible to try to appeal the very recognition of refusal.

New and Young Drivers (up to age 24): Zero Tolerance

For new drivers (during the first two years) and young drivers (up to age 24), the intoxication threshold becomes significantly more severe and essentially turns into a zero-tolerance policy:

• Legal threshold: The driver is defined as drunk already at a concentration of 50 micrograms or more per liter of exhaled air (or 10 milligrams per 100 ml blood).
• Punishment: If convicted of drunk driving as new drivers, the suspension period will last at least two years, and your license will be renewed only after passing a practical and theory test again.
• Importance of representation: A skilled traffic attorney will work to reduce the most serious offense level (drunk driving) to a lesser offense (such as driving under the influence of intoxicating beverages), which can prevent the requirement to retake driving tests.

Is Medical Cannabis Consumption Declared as Drunk Driving?

Yes. According to the law, driving under the influence of a dangerous drug (including its metabolic products, such as THC) is considered drunk driving. Patients authorized to use medical cannabis need to obtain special authorization from the Ministry of Health recognizing the driving permit. Even with authorization, if it is proven that the driver was under active influence that impaired their ability to drive, they may stand trial. An attorney specializing in this field will be able to examine your specific legal-medical situation.

Court Representation and Reaching Plea Agreements

The main stage in the process is legal representation in traffic court, where crucial negotiations take place with the police prosecution.

Case Review and Prosecution Collapse

As mentioned, in cases where a substantial procedural failure is found (such as absence of the 15-minute waiting period or violation of the right to consultation), the attorney will work to close the case or withdraw the indictment even before the hearing stage. This is the best scenario, allowing you to keep your driver's license unblemished.

Negotiation and Plea Agreement

In cases where the evidence is strong, the goal is to reach a plea agreement with the prosecution. The attorney will conduct tough negotiations, which will include presenting:

• Mitigating circumstances: Your driving record, clean traffic history, the fact that no damage was caused, and the existential need for a driver's license (for work or caring for a family member).
• Reducing the charge: The goal is to lower the charge from "drunk driving" (requiring a minimum two-year suspension) to "driving under the influence of intoxicating beverages" (a lighter section without mandatory minimum punishment), which allows the court to impose a much lighter sentence, and sometimes even a suspension shorter than two years.
• Therapeutic procedure (inclusion in case): The attorney can propose to the court your inclusion in a therapeutic rehabilitation procedure or rehabilitation course as part of the sentence, which demonstrates willingness to correct and take responsibility, and makes it easier for the court to significantly reduce the suspension period.

Presenting a complete and personal picture, emphasizing the implications of suspension on your life, is the key to activating lenient judicial discretion.

Data Helping to Reduce Punishment

Data to Mitigate Punishment	Significance
High driving seniority	Indicates experience and expertise, and a one-time incident.
Clean traffic history	Shows a generally law-abiding driver.
Professional/personal need for license	Presenting employer opinion or medical certificates proving existential necessity.
Immediate admission and responsibility	Taking responsibility and expressing remorse.

LawReviews – Your Informed Choice of Attorney

When your driving freedom and criminal record are at stake, choosing an experienced and expert drunk driving attorney is crucial. LawReviews offers you the tool to reach the most informed choice, relying on others' experience. On this page you can find a selection of attorneys with experience in drunk driving from whom you can receive quality and professional legal representation.