There are usually two types of DUIs,
impairment DUI and per se DUI. The prosecution usually charges drivers with per
se DUI if they register a BAC level above the legit limit but have shown no
signs of impairment. On the other hand, impairment DUI requires that the
prosecution prove that the defendant demonstrated signs of impairment during
the arrest.
Lloyd and Harry were pulled over in the
movie Dumb and Dumber. The officer thought Harry was drunk since he was
speeding. But Harry was not drunk but the officer saw a few bottles near Lloyd’s
feet with some yellow liquid in them. He assumed they were alcohol and asked to
see one. Harry and Lloyd objected to that but the officer insisted. Much to
Harry and Lloyd’s objections, the officer drank some of it and realized what we
all knew that the liquid was Lloyd’s urine. The scene was hilarious. Lloyd and
Harry were ordered to leave the scene while the detective started to throw up
and probably wanted to forget that moment ever happened.
The police can make mistakes. Just
because someone is speeding does not meant they are drunk. If you are charged
with something, hire a lawyer. You may be guilty of something but you do not
want to feel the full force of the law. There is some wiggle room there. Click
right here DUI-USAttorneys.com to find yourself
the legal help you need. Legal help is right around the digital corner.
Usually impairment DUI charges are
levied on those who fail sobriety tests or show unsteady demeanor at the time
of the arrest, as per Minden, LA DUI lawyers.
Per se DUIs
The legal limit is a BAC of .08%. This
means if you were driving a vehicle with blood alcohol concentration at or
above the legal limit then the prosecutors will charge you with per de DUI. It
is critical to note here that some states have enacted zero tolerance laws.
This means that you can be charged
irrespective of your BAC. If a police officer is able to find even a trace of
alcohol or drugs in your blood you can be charged with per se DUI. Louisiana
DUI attorneys point out that the fact that you have alcohol in your blood is
enough for the prosecution to issue a charge. Whether you were actually
impaired due to the consumption is of no spectacular degree.
Implied Consent
Under the implied consent law you are
legally obligated to submit to chemical tests that determine your blood alcohol
concentration level. This is because as soon as you have applied for a driving
license you automatically consent to such a test.
There are various penalties meted out to
drivers who refuse chemical testing. These penalties are chiefly
administrative. The DUI offender is made to pay fines, have his or her license
suspended, and is often asked to install an ignition interlock device. In many
states drivers who refuse chemical testing are charged with a crime. This means
that they get charged with two crimes for a DUI and for the refusal.
Impairment DUI
This charge is harder to prove. Unlike
per se DUIs where the presence of drugs or alcohol is good enough for the
prosecution, in case of impairment DUI the prosecution will have to show that
the driver suffered from impairment due to alcohol or drugs in his/her system.
Minden, LA DUI lawyers reiterate that in order to do so prosecutors will have to
show that the driver showed signs of impairment. For instance, if the driver
drove in an erratic manner, failed sobriety tests or stumbled out of the
vehicle, and had slurred speech. For the most part, the prosecution depends
heavily on the arresting officer’s testimony.
Vital information that you must know is
that state laws vary when it comes to an impairment DUI charge. In some states
an impairment DUI charge is issued only if the impairment is severe. In other
states even the slightest degree of impairment is enough for the charge. If you
are polite to the police officer, this always matters. If you are violent
towards the officer, try to reach for their gun like Michael Brown did in
Ferguson, you could have a problem on your hands and the problem for you will
just increase in severity.
If
you are stopped or arrested for a suspected DUI speak with a Louisiana
DUI lawyer from your parish even before you start answering questions posed by
the police officers. Your statements might be used against you afterwards, and
could jeopardize the chance you have to thwart your DUI charge.
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