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All about Drunk Driving Charges

Important Assessment of DUI Statutes:

Driving under the influence, (DUI), is a transgression in all the states. Driving under the influence is classified as managing a motorized vehicle as you are intoxicated under the impact of booze, substances, and/or a narcotic. This situation can include pills for which you have a correct prescribed medication, and on occasion can even contain over the counter medications such as cough syrup. Just about anything that impedes an individual's operating a vehicle might put a person in jeopardy for auto car accidents, and DUI laws and regulations try to improve public safety by discouraging individuals from driving a motor vehicle while intoxicated by just criminalizing such tendencies. The amount of alcohol or other chemicals that is in a person's blood stream before they are considered to be above the authorized cap may differ from state to state.

Without a doubt, the most dependable manner in which to prevent a Drunk driving charge is to under no circumstances drive a car with any volume of booze or other thought process altering compound in your whole body. In many states, even being in your automobile in the driver's seat can be considered to be "operating a motor vehicle" for the intentions of the statute and can lead to an arrest. DUI laws and regulations are penned so that if your blood alcohol content (BAC) is above a specified level you are immediately found to have violated the legal requirement. Deeper fines may apply if your BAC is more expensive than the legal limit.

While Driving while intoxicated rules vary from state to state, all states have DWI laws which will, at the minimum, fine people who violate these laws and suspend their driver's license for a period of time. Most states will also sentence regular people convicted of Driving Under the Influence charges, even their first time, to a period in jail. For subsequent violations, harsher punishments are prescribed. In some states, harsher punishments are also meted out where a person's BAC was over a certain amount. Punishment for drunk driving charges may include monetary fines, mandated attendance at a DUI program (which can last for months), jail time, prison time, suspension or revocation of driving a motor vehicle privileges, and installation of a device on the ignition of one's car (called a ignition interlock device) that requires the driver to blow below a certain BAC amount before the car will turn on. Some states will also require a person who has been convicted of a Driving under the influence to have a special license plate on their car indicating their history. All of these punishments are aimed at preventing and lessening the incidence of driving a vehicle while impaired.

If you are busted for a DUI, you will very likely have to cope with implications both in criminal court and with the department of motor vehicles. A hearing with the department of motor vehicles is often necessary, inside of a specific time frame following police arrest, if you need to make certain that your license is not invalid. A trained DUI lawyer can support you with the process both in criminal court and with the department of motor vehicles to ensure that you keep your driving a car privileges. Even if your license is invalid, it is every now and then practical to bargain for a limited license that will allow for you to drive to and from work. A DWI conviction on your driving record may also cause your insurance charges to increase.

What Happens During a Driving while intoxicated Investigation:

In order to conduct a Driving under the influence investigation of a particular driver, the police officer must have a reasonable suspicion of intoxication. In order to acquire a reasonable suspicion of intoxication, the officer must directly interact with the driver. This can happen in a few different ways. For example, if an officer is called to the scene of a traffic accident, they will be checking every single driver over for any outward signs of alcohol impairment. A DUI investigation might also begin after a driver has been observed by the officer to be driving a motor vehicle erratically or committing repeated traffic infractions, which will lead the officer to pull the driver over and do a quick check to see if they believe the person is intoxicated. Several of cities will also set up check points on roads, especially on weekends in entertainment districts or on nights such as New Year's Eve where women and men typically drink booze. These check points require all motorists on the road to stop and submit to minor questioning from the police officer about their activities that evening and whether they have had anything to drink. An attempt to avoid one of these check points by driving a car through it or by turning around will often lead to the driver being stopped and the Driving under the influence investigation commencing quickly as the avoidance of the check point provides reasonable suspicion.

Once the DUI investigation has begun, the officer will be looking for obvious signs that the person is under the influence. This includes things like the smell of alcohol on the driver's breath and/or person, blood shot eyes, slurred speech, or fumbling to get their driver's license. Sometimes the driver will admit to drinking or the officer will observe opened or empty containers of alcohol in the car. If the officer has a legally cognizable reasonable suspicion of intoxication, they can ask the driver to step out of the car for further investigation.

The police officer will then request the motorist to complete possibly a field sobriety exam (such as standing on one foot, or following the officer's pen with one's eyes) and/or a breathalyzer test. Either of these tests are fairly suspect, as there is much research that they do not effectually discover intoxication (the field sobriety test) and that they regularly grant erroneous readings (the breathalyzer test). A driver has the right to decline either or both of these tests, but in many states the refusal to submit to such tests after a Drunk driving investigation has begun provides the officer immediate probable cause to arrest the car owner and take them to the police station for even further investigation.

If after conducting such tests (or having such tests refused) the officer has enough evidence to support probable cause to arrest, the driver will be handcuffed and taken into custody. At the police station, the driver will be asked to undergo further test (such as another breathalyzer test, a blood test, or a urine test). Again, the driver has the right to refuse such tests but their refusal will automatically lead to their being arrested for DUI. If the driver does submit to these tests and the results of the tests show a BAC over a certain amount, they may then be charged with operating a vehicle over the legal limit in addition to the DWI charge.

Refusing to undergo testing, in most states, can also lead to increased penalties and can be used against the driver in court as an admission of guilt.

If the driver submits to tests which come back showing they are not over the limit, they might simply be released without being charged. If they do not submit to the tests, or if the tests show that they are legally impaired, they will most likely be held until they are deemed sober enough to drive whereupon they will sometimes be released on bail or on their own recognizance and given a court date where they must return for arraignment.

How a Driving under the influence Lawyer Can Help You if You Have Been Charged with a Driving under the influence

As stated above, the penalties for Driving under the influence charges can be very harsh and can have consequences for years. It is possible to fight a DWI charge, but this is a difficult and complicated area of law involving complicated legal and issues and scientific testing. It is a difficult arena to navigate on your own, especially where the police and prosecutors are experienced in proving Driving under the influence cases.

Having an attorney who specializes in Drunk driving criminal defense work can help you protect your rights. While the expense for such an attorney may seem high, it is important to consider the expenses of a Drunk driving conviction itself. Higher insurance premiums and fines and court fees may eat up your savings quickly. Suspension of your driver's license or jail time may make it difficult for you to keep your job. In addition, some jobs may be impossible to maintain if you have a Drunk driving conviction on your record. An experienced DUI attorney who can help possibly fight the charges or not less than mitigate the consequences is a very reasonable expense to help you move on with your life.