Understanding the Laws Guiding DUI Cases
DUI is an acronym that means Driving under the influence. It is when a person drives any vehicle under the influence of alcohol or substances that can intoxicate.
For example, methamphetamine is a drug classified under substances that can intoxicate. That is because they can influence or impair your judgment.
One thing you should know is that for the law to recognize that you are driving under the influence of alcohol, there is an alcohol threshold you must reach. This alcohol level varies from state to state, but it is typically the same across many states.
How You Can Tell a Person Is Driving Under the Influence
Your blood should contain 0.010 percent alcohol before anyone can charge you for driving under the influence of toxic substances.
You should know that this alcohol level is different from state to state. For example, in New York, the threshold is set at 0.05 percent, while in Florida and California, it is 0.08 percent.
Acronyms Relating to DUI
You should know that the acronym “DUI” is typical across all the states in the US. However, these acronyms all refer to the same thing:
- Operating Under Influence (OUI)
- Driving While Intoxicated (DWI)
- Driving With an Unlawful Blood Alcohol Level (DUBAL)
- Driving With Ability Impaired (DWAI)
- Operating While Intoxicated (OWI)
How Law Enforcement Officers Know You Are Driving Under the Influence
A person can take alcohol and drive, and you may not know they are driving under the influence.
That is why law enforcement administers the field sobriety test to measure blood alcohol content. One issue is that they cannot test everyone driving for alcohol. Thus, it is within the discretion of law enforcement officers to administer the test when they see a person driving in a way that is not normal under the circumstances.
There are different ways you may drive that can prompt a law enforcement officer to stop you and administer the blood alcohol content test. These ways include driving too slow when your speed should be faster and driving too fast in an area that otherwise requires you to slow down.
Other ways include driving way beyond the speed limit, interacting with the officers in a funny way when they stop you for your driving speed, or making excessive turns.
If you are in an accident and are the guilty party, the field officer may conduct a field sobriety test to determine whether you were driving under the influence.
When the officer stops you in any of these instances, they may test for your blood alcohol content. If the test shows that the alcohol in your blood is beyond the state limit, then the officer may charge you for driving under the influence.
How You Can Get Charged Under DUI
Following the process above, if your blood shows the presence of alcohol beyond the limit, then the officer may go ahead and conduct other tests. They may take your urine for analysis of the extent of alcohol, administer a breathalyzer test, or take your blood sample to test for alcohol.
What the Laws Say About the Penalties for Driving Under the Influence
DUI cases are either misdemeanors or felonies. As a first-time offender, your DUI charges typically fall under a misdemeanor. However, for repeat offenders, the law sees it as a felony offense.
“The penalty for a DUI charge varies. It is dependent on the type of charge,” says criminal defense attorney William Umansky of The Umansky Law Firm Criminal Defense & Injury Attorneys. If it is a misdemeanor, you get a fine of up to $1000 and a compulsory course on driving under the influence.
Further, the court may rule that you carry an ignition interlock device in your car for a stipulated time. Typically, you use this device for about six months. The court may also compel you to attend meetings to help people who are struggling or who have the same charge as you.
The court may rule that you take courses and attend classes created for those with the same charge as you. The court may also suspend your license for a slated time period. The suspension period varies from state to state. In Florida and other states, it is usually five months, except in California where it is four months.
Usually, people apply to get a restricted license within the period of suspension of their license. You may apply for this after a month of suspension of your license. If the court approves, it means you may get a speed limit or driving area restrictions.
On the other hand, if you are a repeat offender, you may either receive the penalty above or be incarcerated by a court. You may receive such a ruling if you cause an accident while driving under the influence and someone sustains injuries.
It is because a prosecutor may charge repeat offenders and guilty parties of auto accident personal injuries with a felony offense. However, it is essential to note that the penalty of having a felony charge for DUI cases varies from one state to the other.
In some states, if you drive under the influence, get into an accident, and a person dies in the process, the prosecutor can charge you with homicide.
Insurance companies also get a bite in punishing offenders. They may increase your rate and make your car insurance more expensive.
What You May Encounter if Arrested
Law enforcement officers take specific steps when they arrest you for driving under the influence. First, they detain you, call a tow truck to tow your vehicle, ride in a police car to the station, and administer any necessary blood alcohol content tests.
In some cases, they may incarcerate you in the station until you get a person to bail you out. Note that you are also liable to pay the tow truck.
The next step is that a prosecutor takes over from the police after the police present a detailed report to the prosecutor. The prosecutor then charges you in court.
How a Lawyer Can Help You
If you have DUI charges, you should get a lawyer to review your case. Since DUI laws vary by state, it is advisable to hire a lawyer in your state. They will understand the state laws better than a lawyer who does not practice in your state.
When you have a lawyer review your case, they may point out grey areas that you otherwise do not know, which may help your case. They may also help with plea bargains and lessen or reduce the intended initial court ruling.
A lawyer will inform you of your rights and explain the vast array of options you may have.
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