Driving under the Influence (DUI), also known as Driving While Intoxicated (DWI), is a state law that makes it illegal for a motorist to operate a vehicle while impaired by alcohol or other drugs.
According to local DUI law, motorists should not exceed a blood alcohol concentration (BAC) of 0.08; they are liable for civil penalties.
When convicted of a DUI, the driver receives a criminal sentence; it can be a fine, community service, or jail. Their license can also be suspended, depending on the severity and whether it was the first offense.
DUI cases are generally arraigned at the state level. But a driver can be charged with a federal DUI if they drove on a federal property when impaired- for example, forests, national parks, military bases, or federal buildings.
Military members can be charged under the Uniform Code of Military Justice if found operating a vehicle when under the influence.
Luckily, an experienced defense lawyer can help by seeking to have the case dismissed or negotiate fair sentences even when BAC shows impairment.
A DUI lawyer can help the accused recover their driving privileges, but this often comes with limitations, such as installing an ignition interlock device (IID) or being restricted to driving to work only.
DUI Terminologies
Here are some of the common DUI terminologies you need you need to understand:
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Duty to submit
Motorists in all U.S states must implicitly consent to chemical testing as a prerequisite for receiving a driver’s license. Refusal to submit to a BAC test breaches this agreement and can result in the suspension of driving privileges.
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Blood-alcohol concentration (BAC)
BAC is the level of alcohol in the bloodstream, which traffic officers use to check the status of impairment in a motorist. Sometimes this can be described as Breath Alcohol Content (BrAC) if blood samples were used for testing.
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Drug recognition experts
These experts are trained to determine a DUI suspect’s drug impairment. Law enforcement sets up sobriety checkpoint roadblocks, usually along busy roads or on special occasions like New Year’s Eve and other holidays associated with alcohol.
On such days, motorists are checked for impairment randomly.
DUI Conviction
DUI is a grave offense and one that the courts take seriously, primarily because it can be deadly to other road users. Because of this, the chances of conviction are pretty high.
Many states prosecute DUI in three ways:
The first method, as earlier mentioned, is basing a conviction on the alcohol level in the defendant’s blood as checked during the arrest.
The allowed limit across states stands at 0.08 percent, but the limits are much lower for commercial drivers and minors.
Such type of prosecution is referred to as per se DUI. It mandates the state to provide proof that a BAC test was administered and that the driver exceeded the legal limit.
The second DUI prosecution happens when the defendant’s BAC doesn’t exceed the legal limit. In such a case, the state should show that the motorist was alcohol-impaired to the extent of not being safe to drive.
Meeting this requirement is often challenging for the state due to the evidence required. The state uses officer testimony, witness statements, field sobriety test outcomes, and even audio and video records.
Third, and the least used prosecution method, necessitates the state to show that the defendant was in actual physical control of the vehicle. The state can prove this using blood alcohol readings and related evidence.
But unlike other prosecutions, the defendant doesn’t need to have been driving to be liable. A driver can be convicted as long as they control the car.
That is to say, resting on the driver’s seat and having the keys is enough to have you arrested as long as you are intoxicated.
DUI Penalties and Fines
Most U.S states are lenient to a first-time DUI offense and charge it as a misdemeanor. However, the same local DUI laws are punitive on individuals convicted several times and can attract hefty fines and longer jail terms.
Penalties that a drunk driver can face if convicted of a DUI/DWI charge include imprisonment, fines, mandatory alcohol assessment, and community service.
First-time offenders can get up to six months in jail if found guilty, and this can increase further if there are exasperating factors, including abnormally high blood-alcohol concentration. The second and subsequent DUI offenses generally attract longer jail term sentences.
The defendant risks spending several years behind bars if involved in a DUI felony that results in another person’s injury or death. If you are looking at a potential DUI felony in Cedar Park, consider hiring a Cedar Park felony DUI attorney to help you get a lenient sentence.
Depending on the state, the defendant may incur fines of $500 to $2,000 or more for subsequent offenses. The court may also order the installation of an ignition interlock device on the car at the driver’s expense.
With an ignition interlock device, the motorist blows into a simple unit installed on the vehicle’s dashboard. If it detects a BAC level above the set limit, the car won’t start.
Apart from alcohol classes, fines, jail time, and other penalties, a person arrested for DUI or DWI also risks suspension of their driver’s license. A suspension, in most jurisdictions, results either from a conviction or failing a blood alcohol test.
For example, a first-time offense in Texas attracts a 90-day license suspension. And unfortunately, the constitutional protections afforded in criminal court don’t apply here; that’s why it’s essential to hire a Leander felony DUI attorney to handle the matter.
The Importance of a DUI Attorney
Criminal defense lawyers use several tactics to overturn DUI or DWI charges. In fact, from a prosecutor’s point of view, the case becomes difficult the moment the defendant recalls legal counsel.
A motion for ‘discovery’ is filed, demanding the state to turn in its evidence. The attorney then uses the obtained information to prepare a defense by poking holes in the state’s case analytically.
First of all, there could be issues surrounding the traffic stop. It is constitutionally impermissible for an officer to stop a vehicle for a DUI check without reasonable suspicion of a crime or traffic violation.
For example, if arrested for suspicion of drunk driving near a forest area, the officer must provide articulate reasons for the stop that meet this legal standard.
If they can’t, a forest acres DUI attorney can successfully suppress the evidence collected following the stop, thus rendering the state’s case impossible to prove.
DUI lawyers are also trained to know when an officer deviates from protocol when conducting field sobriety tests. These roadside protocols were established by the National Highway Traffic Safety Administration (NHTSA) to spot intoxicated road users.
The protocols are standardized, so they should be administered precisely every time. Any slight irregularities by the officer can be used to discredit the case.
Blood alcohol testing is another productive ground that a lawyer can use to find weak spots in an otherwise solid case against the defendant. Law enforcement officers can test a driver’s BAC level in several ways.
Still, the most common evidence admissible in court is the results of the breath test administered at the police station.
Although it is more reliable than handheld gadgets, these breath test machines can be inaccurate, particularly when improperly calibrated.
Drivers accused of DUI or DWI will also find an attorney invaluable in plea bargaining. Judges know that dealing with a defense attorney requires significant resources, and they might agree to issue a lenient sentence to avoid trial.
Even if the case goes to trial, a DUI lawyer knows how to convince the jury that any minor delinquencies within the case amount to reasonable doubt.
Charged with DUI/DWI? Contact an Experienced Attorney Today!
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