DUI means driving under the influence of drugs or alcohol. It is sometimes also termed as DWI (Driving While Intoxicated) and OUI (Operating Under the Influence). If you test at a .08% blood alcohol level or above it is used as evidence of Driving Under the Influence and that is illegal in all states.
A DUI sounds pretty open and closed doesn’t it…Driving Under the Influence. Pretty straightforward, right?
Let’s look into this seemingly obvious definition in more depth to illustrate a few conceivable areas where well-prepared attorney can attack a DUI charge.
Driving Requirement
The requirement of operating or driving implies that the driver of the vehicle must have some sort of control or command of the vehicle. Guilt or innocence may depend on whether the defendant was actually “driving” in a particular circumstance. What if she or he was just sitting behind the wheel of a car but it was off? What if the defendant was just sleeping there? What if the keys were in their pocket and not in the ignition? What if that automobile was out of fuel and could not be started even if he or she wanted? What if it was idling? What if it was in the process of being towed? Courts through out the nation have considered various scenarios to ascertain whether the necessary control over the vehicle was present and the outcomes vary by state and by the individual context of the situation. Vehicle Requirement Trucks, cars and vans are quite obviously considered to be vehicles for drunk-driving law purposes. However, individuals have been convicted of drunk driving while operating motorboats, mopeds, dirt bikes, snowmobiles, electric wheelchairs, golf carts, bicycles and ATVs, although the types of vehicles contemplated differ by state. Intoxication One way prosecutors try toprove driver intoxication is through scientific analysis of the amount of alcohol in ones body, usually by analyzing the breath or blood. These tests are usually administered by a machine, such as the Breathalyzer. In every single state, a person with a BAC (blood-alcohol concentration over 0.08% is considered intoxicated.
Implied-consent laws create the legal presumption that if an individual takes advantage of the privilege of operating an automobile, she or he automatically consents to state-administered chemical testing to determine his or her blood alcohol concentration. If a driver refuses to take a chemical-alcohol test, his or her driver’s license may be revoked or suspended.
Blood alcohol content test results over the legal limit are most often presumed to be proof of intoxication. However, defendants may challenge the conclusiveness of the results by showing irregularities in the test administration procedure or problems with the materials used for testing. For example, your lawyer may advise retesting of the breath samples. She or he may be able to obtain exclusion of the original Breathalyzer results from the case or even dismissal of the case.
Other types of evidence that can be used by prosecuting attorneys to show intoxication include drivers’ statements, police and witness observations of behavior and driving patterns of circumstantial evidence. An example of appropriate circumstantial evidence is that a the accused, before driving, spent the afternoon at a party where drinking games were participated in.
Police also gather important evidence of intoxication by administering standard field sobriety tests (FSTs) at traffic stops. Common field sobriety tests include:
* Finger-to-nose test
* One-legged stand
* Walk-and-turn test
* Horizontal-gaze-nystagmus test
* Picking up coins
* Counting backwards
* Reciting the alphabet
* Throwing and/or catching a ball
Conclusion
Driving is the basis of the American lifestyle, permeating every activity we do. We relyon driving to get to work, to get together with, to run errands and to take a holiday. Licensed drivers commute children, people with physical challenges and senior citizens to important appointments and activities. A DUI conviction can bring a screeching halt to your life. If you face a plausible problem with drunk driving, a lawyer can fight for you and help take care of your interests and those of your family.
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