Tuesday, September 27, 2016

Is your loved one busted for a DUI? How do Per Se DUIs and impairment DUIs differ?

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. 
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.
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! 

No comments:

Post a Comment