Driving drunk is a serious crime. If you are arrested for driving under the influence (DUI), you will want to know your rights under the law.
This article will explain what you need to know about DUI and drunk driving. If you have further questions about your case, you should contact a knowledgeable DUI attorney in your area.
Although each state has its own drunk driving laws, all states share the same threshold for what constitutes a DUI.
In all states, if your blood-alcohol content (BAC) is above .08 percent, you will be arrested for committing DUI. BAC is the measure of alcohol in your blood. Depending on your body mass, even a couple of drinks can put you over this .08 percent limit.
If you are pulled over on suspicion of driving drunk, the officer on the scene may require you to take a field sobriety test. A field sobriety test consists of several exercises including:
Poor performance on any part of the test may provide the officer with reason to arrest you.
Each state establishes its own list of DUI penalties. If you would like to find out more about DUI penalties in your state, you should contact a DUI lawyer in your area.
However, many states employ similar penalties. The following are just some of the consequences you may face for driving drunk:
As an added deterrent, some states consider repeat DUI offenses as felonies.
Many states have what are known as implied consent laws. This means that as a condition of being a licensed driver, you have provided your consent to BAC testing in the event that you are suspected of committing DUI.
Although penalties for refusing BAC testing can vary from state to state, the suspect's driver's license is usually suspended for a certain period of time, often ranging from six months to one year.
Usually when an individual commits a crime, he and his attorney may enter into a plea agreement with the prosecution. A plea agreement means that the accused admits to lesser charges to receive a lighter sentence.
However, this is not always true of DUI cases. Some states have laws that bar a DUI defendant from entering into a plea agreement. Other times, a judge will refuse to accept a plea agreement in a DUI case.
If you have been arrested for driving under the influence, make sure to contact a knowledgeable DUI or DWI lawyer to help you.