Frequently Asked Questions

As is with almost all legal matters, the answer is….

It depends. If you’ve been drinking, the answer is probably no. The prosecution has the burden of proof, and if you blow .08 or above, you are presumed to be guilty under the law.

However, if you refuse the test, the prosecutor does not have any evidence under the law to presume you’re impaired. The downside to the refusal is there is a criminal charge for it, but it usually just is punished by a fine. Also, you lose your license for 12 months as opposed to 6 months for blowing .08 or above, but first-time offenders are eligible for a hardship.

Once again, it depends, but probably not. Just like with a breath test, providing information to a law enforcement officer could lead to a presumption you’re guilty. Since you have a constitutional right to remain silent, you should do so in most situations.

In most situations, it’s not a bad idea. Sealing or expunging your record allows you to legally deny you have an arrest or criminal record. However, depending on your circumstances (age, employment, etc), it might not matter.

Hire a lawyer to fight for you. Although a civil proceeding, the government has to prove to a unanimous jury at a beyond a reasonable doubt standard in order to prevail. Don’t lose your assets just because you didn’t contact Hyslop and Pila.

Misdemeanors start at $1500 and felonies start at $3000. However, the cost of avoiding a conviction or jail time is worth so much more. Payment plans are available for an additional fee.