Comprehensive Information of Basics of DUI Crime: An Overview
Almost in every state, it is a punishable offense for a driver to drive an automobile, when she/she is impaired by the effects of drugs or alcohol. The DUI laws of most of states strictly have made it unlawful for an individual to drive a truck, car, motorcycle or any commercial vehicle if,
• The ability of driver to operate the vehicle safely is impaired by effects of illegal drugs, alcohol, prescribed medications like painkillers and even over-the-counter medicines like antihistamines.
• The driver is seriously intoxicated to an extent above the established DUI standards, like (BAC) or blood-alcohol concentration.
How the Chemical and Field Sobriety Tests are Conducted
The law enforcement officer conducts a field sobriety test, when forcibly stopping a vehicle and suspects the driver to be intoxicated, thereafter which the officer might ask the person to give consent for conducting some other chemical tests of intoxication.
Chemical tests are mainly conducted at the vehicle stop itself, by using a breathalyzer, which measures the person’s (BAC) blood alcohol concentration level or can also performed in the hospital, where the blood and urine tests can be conducted. However, despite being noted as one of the strict forms of law, in many states the suspected driver is given the choice on which form of chemical test should be administered to detect the alcohol concentration. It is important to retain a reputable DUI attorney who can guide the accused person to take such a crucial decision in the right manner.
The field sobriety tests, in general, include a police officer who commands the driver to undergo a set of processes, which helps to assess any kind of impairment of cognitive or physical ability of the person. Some of the examples of such kind of tests can be commanding the driver to walk on a straight line (heel to toe) or asking the person to recite the alphabets on a backward note.
Major Criminal Penalties
In general, a DUI conviction involves serious criminal penalties like probation, hefty fines, and jail time and community service. However, severity of such penalties varies as per the circumstances of the case, including:
- Whether the charged person has a history of previous DUI violations.
- Whether the charged person was driving a commercial vehicle, when being accused of a DUI case.
- Whether the DUI breach took place, while there was a child present in the vehicle.
- Whether the person was permitted to drink as per law (as per age) during the time of DUI violation.
- Whether the DUI case involved a serious car accident that caused severe property damage.
- Whether any person got killed or injured, when the DUI violation took place and several other important aspects.
Bottom Line
Proceedings of a DUI prosecution aresubjected to a set of legal chronologies, which need comprehensive knowledge and familiarity with the legal system in the local jurisdictions. So, it is of paramount importance to hire a skilled DUI attorney who specializes in defending such kinds of complex cases and evaluate the significant evidence with personalized attention.