Driving under the influence which is
also known as operating while intoxicated in some states is a crime which is punishable
by law. However, you do have some constitutional rights when you are pulled
over by a law enforcement officer for a suspected DUI. Here is what you need to
know about DUI arrests and the prosecution that
follows.
If you or someone you know have been
charged with a DUI, it is possible for you to overturn your case and beat the
charges with the right defense strategy. We strongly urge you to consult a
criminal defense lawyer as soon as possible in order to start working on your
defense in the case.
How drunk is too drunk?
When it comes to levels of intoxication,
everybody has different tolerance levels.
However, the law in most states dictates that anyone with a blood
alcohol limit of over 0.08% BAC is technically driving under the influence and
can face a DUI charge. This limit is specific to
adult, non-commercial drivers only.
When it comes to underage drivers or
commercial drivers, the limits are much lower and for obvious reasons.
If you are driving around as drunk as
Debra Morgan was in Dexter then you are far too drunk to be driving. You are
probably too drunk to be even outside. When you laugh about causing damage to
your car and to city’s property right in front of the police officer, then you
are far too drunk to be driving and you can expect a hefty fine coming your way
and lots of your time being consumed in terms of community service.
What are your rights during a DUI
arrest?
To begin with, it is important to
comprehend that a law enforcement officer cannot just pull over anyone he
wishes to without a reason. To be able to stop someone and subject them to
sobriety testing requires reasonable cause for suspicion. Well, if you have
already crashed your car into a parking meter, suspicion becomes fact real
quick.
So as long as you are driving within the
law and as long as you do not voluntarily drive into a DUI checkpoint, then you
simply cannot be pulled over and criminal defense attorneys know this to be a
fact.
Another thing you ought to know is that
you have some rights which you can exercise during a DUI arrest.
One of these rights is the right to remain silent. This basically means that
you can decline to answer all or any of the questions asked by law enforcement
officers or you can refrain from making any comments at all. This is actually a
wise thing to do, as anything you can say can and will be used against you in a
court of law.
In addition, in some states you can
decline to undertake any sobriety testing. However, in other states, there is a
law in effect known as the implied consent law wherein you have already agreed
to sobriety testing when you were initially issued your driver’s license.
Rejecting sobriety testing in such states can lead to immediate license
suspension. Then you can return to taking the city bus, walking, or riding your
bike! Not very fun in many situations. You cannot even rent a car!
What are the consequences of a DUI
conviction?
A DUI
conviction can have severe repercussions which are sure to adversely
affect your professional, social, and personal lives. Punishments can include
jail time, hefty fines, installation of ignition interlock devices on all
vehicles that you own, ankle bracelets, probation, community service, and
suspension or revocation of driver’s license, to name a few.
No matter what, it is best to contact a
criminal defense lawyer and beat your charges while it is still possible.
No comments:
Post a Comment