Widespread divergence of laws relating to driving under the influence makes it really difficult to appreciate the exact position in a particular case.  Each case however, is dealt on merit and an expert legal counsel with experience in the field can find out the tiny threads to clear the legal nets.

If your driving under intoxication caused serious injuries to another person, the crime might be elevated to the level of Felony.  In such cases the punishment would be higher and more stringent.  The principle is also applicable in case of extensive damages caused to someone’s properties. In California, for instance, such offences will draw you imprisonment up to 3 years and with prior convictions, up to 7 years.

The prosecution has to establish that you had malicious intentions.  You on the other hand have to establish your innocence and that you had no such intentions. Remember, refusal to undergo sobriety test may seriously jeopardize your chances of success in the Intoxication defense. Because under the laws of the land every driver is obliged to allow the authorities to put them to such tests as and when necessary.

On the other hand if you refuse to undergo the tests the consequences could be your loss of driving license.  The license can not only be confiscated but your suspension period also starts at once from the moment of confiscation. Such tests are incidental to lawful arrests and refusal without sufficient reasons could entail disaster for you.  Of course a skillful counsel can find out ways and means for you all the time to get out of such tricky situation at hand.