National Association of Criminal Defense Lawyers Timothy Bussey - Criminal Defense Attorney (719) 475-2555 - DUI - Felony - Misdemeanors - FAX: (719) 475-0046 Timothy Bussey
Former: El Paso and Teller County Deputy District Attorney | Special Assistant Attorney General | Air Force Judge Advocate
Member of: National College for DUI Defense | National Association of Criminal Defense Lawyers | Colorado Criminal Defense Bar


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Mr. Bussey has lectured at both Fort Carson and the United States Air Force Academy concerning Driving Under the Influence cases.
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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 .08 or higher may establish a presumption of intoxication. The details of the .08 BAC presumption laws vary among the states, but all 50 states have adopted .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 drivers-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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More than 1.4 million drivers in the U.S. were arrested for driving under the influence of alcohol or illegal drugs in 2001. Law enforcement officers nationwide are stepping up their enforcement of the drunk driving laws, largely in response to public outcry and the influence of lobbying groups such as Mothers Against Drunk Driving (MADD). If you find yourself caught up in this crackdown, you need an attorney with experience defending drunk driving cases to look out for your interests and to help you get the best results possible.

Colorado Springs DUI Attorney Colorado DWAI Penalties Lawyer CO Drunk Drivers License Suspension Arrest Charges Rights

The Law Office of Timothy Bussey
Colorado Springs, Colorado, DUI Attorney

If you're facing charges for a DUI or DWAI in Colorado, you're facing tough penalties that can include heavy fines, license suspension, and even jail time. The only chance you have of minimizing those penalties is to put up an aggressive defense.

Drunk drivers' lawyer Timothy Bussey has the experience needed to give you the best chance of minimizing or avoiding your penalties. As a sole practitioner, he will work one-on-one with you in resolving your case, doing whatever is possible to protect your rights.

Contact the Law Office of Timothy Bussey now for a free initial consultation if you've been arrested for drunk driving, or read on below for more information about your rights and prospects:

If you're facing drunk driving charges, attorney Timothy Bussey can provide the quality, aggressive, and experienced legal defense you'll need. Contact us as soon as possible for a free initial consultation.

The Law Office of Timothy Bussey
DUI Defense Lawyer
Holly Sugar Building
2 North Cascade Avenue
Suite 711
Colorado Springs, CO 80903
Phone: (719) 475-2555
Fax: (719) 475-0046

The Colorado Springs, Colorado, Law Office of Timothy Bussey provides experienced and aggressive DUI/DWAI criminal defense representation for clients in El Paso County, Teller County, and Pueblo County, including the cities Colorado Springs, Monument, Manitou Springs, Woodland Park, Pueblo, Cripple Creek, Castle Rock.

Overview of the Crime of Drunk Driving

Each US state has its own set of drunk-driving laws, but there are certain concepts and features common to most states' drunk-driving jurisprudence. Basically, as we all know, it is illegal and a crime for a person to operate a motor vehicle after consuming alcohol and/or drugs to a degree that impairs his or her safe driving ability and judgment. Both criminal and civil penalties for drunk driving can be harsh and often include:

  • Loss or suspension of license
  • Large fines
  • Substance-abuse treatment
  • Jail or prison time
  • Community service
  • Restitution
  • Criminal record
  • Restrictive probationary license programs, including ignition interlock devices and Cinderella licenses

In addition, the social stigma and effect on your career may have lifelong negative consequences.

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The Role of Probation in Drunk-Driving Sentencing

Probation is by far the most common sentence for people convicted of drunk driving, especially for first-time offenders. Probation is a criminal sentence served in the community, rather than in jail or prison. Most states limit terms of probation to a maximum of five years. If you are facing a drunk-driving charge, an experienced lawyer can assist you with your defense and, if necessary, advocate for a fair sentence.

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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 US, a driver with a blood-alcohol concentration (BAC) of .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 drivers license, attorneys fees, restrictive probation and others. If you are arrested for or charged with drunk driving, a criminal-defense lawyer can advise you about your legal rights and help you fight the charges.

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© 2008 Timothy R. Bussey. All rights reserved.


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