Every state in the country classifies
DUI's into two basic types namely, Per Se DUIs and impairment DUIs. The basic
difference between these two types of DUI charges and convictions lies in how
the prosecution goes about proving that you were guilty of driving under the
influence.
In Per Se DUIs, the prosecution will
have to show that you operated a motor vehicle while having a blood alcohol
content which was higher than the permissible limit for driving or that you
operated a motor vehicle while having a drugs in your system.
Now if you want to see drugs in someone’s
system and how terrible this is for you just watch The Wire and focus on the
character Johnny Weeks. Johnny Weeks is an underachiever in Baltimore and in
life. He is a detriment to society but not in a violent way. Though he can be threatening
when he does the ladder threat which is when someone is on a ladder he will
threaten to knock the ladder from underneath them if they do drop down their wallet.
That is the type of person Johnny Weeks is.
Johnny Weeks died at a young age since
he refused to recognize he had a drug problem.
When it comes to impairment DUIs,
prosecuting lawyers will have to prove that the alcohol or drugs in your system
actually affected your judgment, motor skills, and ability to operate a motor
vehicle in a safe manner, explain leading DUI lawyers in Fairfax, VA.
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| If you need a DUI lawyer in Fairfax, VA then you need to use USAttorneys.com. Legal help is right around the virtual corner. |
Per
Se DUIs - the basics
In all states, driving under the
influence is a crime punishable by law. However, the exact definition of the
driving under the influence may vary from one state to the other. For example,
predominantly, in most states, a blood alcohol content of over 0.08% BAC is
considered the maximum legal limit for driving (this is for adult, non-commercial
drivers).
The limit for commercial drivers is
0.04% while most states have adopted the zero tolerance law where drivers under
the age of 21 can be charged for even the slightest trace of alcohol or drugs
in their blood.
If results of sobriety tests such as
breathalyzer tests and blood tests show that you were over the legal limit,
then prosecutors can go ahead with and charge you with a Per Se DUI. They are
not required to prove your ability to drive was actually impaired to charge you
with a Per Se DUI. All they need to show is that you had a blood alcohol limit
over 0.08% BAC (or whatever the legal limit in the state), according to
Virginia DUI attorneys.
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| Johnny Weeks could never say no to drugs. |
Impairment
DUIs - the basics
An impairment DUI prosecution will focus
more on the suspect’s driving and behavior rather than on the exact numbers
which came out in breathalyzer tests, blood tests, urine tests or any other
toxicology reports.
However, impairment is not a very
objective term and has no clear definition. This is why it is a challenge for
the prosecution to prosecute suspects for impairment DUIs more so than it is
for Per Se DUIs, in the opinion of Fairfax, VA DUI lawyers.
Do
not sign anything until have a legal pro by your side
A DUI charge does not have to turn into
a DUI conviction, but if it does then it will have severe legal consequences.
There are many ways in which you can successfully defend
yourself against a DUI charge.
A Virginia DUI lawyer will be able to
help you come up with a fool proof defense strategy and ensure that you are
spared from penalties such as lengthy prison sentences and hefty fines in the
order of thousands of dollars. Call a DUI lawyer today!
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