DUI is the crime of Driving Under the Influence of Alcohol or drugs, or a combination of both. It is also known as DWI which stands for Driving While Intoxicated. For alcohol the legal Blood Alcohol Content is 0.08% and this can be measured using blood tests. Determining what it means to be under the influence of drugs is less easy to establish. The general test applied is that the drugs taken must affect the person in a way which means their ability to drive a vehicle is not that of a ‘prudent and cautious’ person. Drugs can include not only illegal substances but also over the counter medicine which can increase drowsiness such as cold remedies. Any such medicine comes with a warning concerning the potential side effects especially when combined with alcohol.
It is dependent on the individual state as to what can be defined as a vehicle in a DUI conviction. In Ohio a motorized lawnmower can be considered as a vehicle and it is therefore a crime to drive under the influence. In California a person riding a horse on a highway can be convicted of DUI if they are doing so under the influence.
If you have been arrested for DUI it is important to get legal advice straight away from a lawyer specifically trained in DUI. The penalties for DUI can be severe however a trained DUI lawyer will have the necessary experience to either argue against the prosecution’s case or alternatively argue for a less severe punishment. Remember that the prosecution is responsible for proving your guilt beyond a reasonable doubt. Therefore the sooner you seek legal advice the better your chances of defending yourself against the prosecution case. Contact your local bar association or go online to find the best lawyer in your area. There are good defense lawyers in your area. If you are in Dallas, you may hire a great Dallas defense attorney as your legal defense. You may even get a good Dallas DWI lawyer. Remember to get the right attorney so doing research would be necessary.
DUI/DWI Penalties
DUI penalties vary from state to state. Georgia and Florida are among those states which have the longest jail terms for first time DUI offenders and therefore can be considered among the harshest states. Upon conviction for DUI a range of penalties may apply.
License Restriction: An arrest for DUI can lead to automatic loss of license. Therefore you should contact the Department of Motor Vehicles (DMV) immediately after being arrested to request a hearing. In terms of drugs the situation is less clear. Using chemical tests it can be established whether or not you are over the 0.08% blood alcohol content limit and the DMV can retract your license automatically on this basis. While you can be tested for the presence of drugs there is no test for the presence of a specific level of drugs which can be considered as over the limit. Therefore in such instances it is not as easy for the DMV to revoke your license. The courts also have the power to revoke driving licenses.
Impounding your Vehicle: It is possible that your vehicle may be impounded or fitted with ignition locks. These locks prevent you driving while under the influence of alcohol.
Alcohol and Drug Education: The court can order that you attend a specified period of time at an alcohol and drug education centre.
Fines: The fines imposed for DUI are set at state level and therefore can vary. They are usually higher for those who have already been convicted of DUI.
Community Service: As an alternative to imprisonment a convicted DUI offender may be required to carry out a stipulated number of hours of community service.
Imprisonment: While imprisonment is not automatic for first time offenders this does vary from state to state. There will be some factors which may increase the likelihood of you receiving a more severe punishment such as imprisonment. These include the presence of children in the car while driving, whether this is your first DUI offence, your behavior when arrested and also the presence of a very high Blood Alcohol Content.
If while driving under the influence you are involved in an accident resulting in the death of another individual you will be charged with vehicular manslaughter which carries much longer sentences in prison.
Arguing your DUI Case
The prosecution will rely on four key things to get a conviction for DUI. A good DUI lawyer will be able to argue your case and try to undermine the prosecution’s case on each of these points.
1. To begin with the prosecution will present evidence of your driving patterns to demonstrate the fact you were driving under the influence. Such evidence is generally the observations made by the police prior to your arrest. This is a very subjective type of evidence and can easily be rebutted by your DUI lawyer who can provide evidence of how many years you have consistently driven in a safe manner. In some states such as Alabama it is not even necessary to provide evidence that a driver was driving erratically. Just being in charge of a car, whether driving or not, can be sufficient for a DUI conviction if you are under the influence.
2. The prosecution will also present evidence of your physical appearance when you were arrested. This can include such things as red eyes, alcohol on the breath. Once again your lawyer can present doubt as to whether or not this is evidence of DUI. Red eyes can also be the result of allergies, crying and numerous other factors. In terms of alcoholic breath, this is also very debatable. Non-alcoholic beer can also taint your breath in such a way as to suggest you have been consuming alcohol. It is the ingredients other than the alcohol which give this smell.
3. A third piece of evidence submitted by the prosecution will be the results of field sobriety tests carried out at the scene. It is commonplace to ask drivers to do such tasks as walk along a straight line. Your lawyer may be able to argue that such tasks were carried out under stress of arrest and therefore are unfair as evidence of DUI. Breathalyzer tests may also have been carried out at the scene. Your lawyer can challenge the accuracy of such a test by requiring the prosecution to submit evidence that the breathalyzer used has been well maintained and tested for accuracy.
4. So far the evidence submitted by the prosecution is more circumstantial. The hardest evidence to challenge is that of the chemical testing for Blood Alcohol Content (BAC). While some states vary in the sentencing for DUI the legal BAC limit is 0.08% across all states. While this is indeed compelling evidence of guilt your lawyer can attempt to dispute the findings of the testing. It is actually possible, though not easy, to prove that alcohol levels when tested at the police station were higher than the alcohol level while driving. Such an argument takes into account the digestion process and stomach contents of the driver.
Although it is possible to have a case of DUI dismissed with good legal representation it must also be remembered that the act has been criminalized for very good reason. All efforts should be made to ensure that you avoid driving while under the influence of alcohol or drugs, for both your own safety and that of those around you.
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