DUI means driving under the influence of drugs or alcohol. It is sometimes also termed as DWI (Driving While Intoxicated) and OUI. If you test at a .08% blood alcohol level or above it is used as evidence of Driving Under the Influence and that is illegal in all states.
A DUI sounds pretty open and closed doesn’t it…Driving Under the Influence. Pretty straight forward, right?
Let’s look into this seemingly obvious definition in more detail to demonstrate some possible areas where well-prepared lawyer can attack a DUI charge.
Driving Requirement
The requirement of operating or driving suggests that the driver must have some sort of control or command of the vehicle. Guilt or innocence may depend on whether the defendant was actually “driving” in a particular circumstance. What if he or she was just sitting behind the wheel of a car but it was off? What if the defendant was catching a few Z’s there? What if the keys were in their trouser pocket and not in the starter? What if that car was out of gas and could not be started? What if the car was idling? What if it was being towed? Courts through out the nation have considered various scenarios to determine whether or not the necessary control over the vehicle was present and the outcomes vary state to state and by the individual context of the situation. Vehicle Requirement Cars, trucks and vans are obviously considered to be vehicles for drunk-driving law purposes. However, many have been convicted of drunk driving while steering motorboats, mopeds, dirt bikes, snowmobiles, electric wheelchairs, golf carts, bicycles and ATVs, although the vehicle types considered differ by state. Intoxication One way prosecutors try toprove driver intoxication is through scientific analysis of the amount of alcohol in the defendants body, usually by analyzing the breath or blood. These tests are usually administered by machines, such as the Breathalyzer. In every state, a person with a BAC (blood-alcohol concentration over .08 is considered in accordance with the lawintoxicated.
Implied-consent laws create the legal presumption that if an individual takes advantage of the privilege of driving a vehicle, he or she automatically consents to a chemical testing to determine his or her blood-alcohol content. If a driver refuses to take the test, his or her driver’s license may be revoked or suspended.
Blood alcohol content test results over the legal limit are usually presumed to be proof of intoxication. However, defendants may challenge the conclusiveness of the results by showing irregularities in the test administration or problems with the test equipment. Your lawyer may recommend retesting of the defendant’s breath sample. She or he may be able to obtain exclusion of the original Breathalyzer results from the case or even dismissal of the casecompletely.
Other types of proof that can be used by prosecuting attorneys to show intoxication include drivers’ statements, police and witness observations of behavior of driving patterns and circumstantial evidence. An example of applicable circumstantial evidence is that a driver, before driving, spent the afternoon at a party where drinking games were engaged in.
Police also gather important evidence of inebriation by administering standard field sobriety tests at traffic stops. Common field sobriety tests include:
* Finger-to-nose test
* One-legged stand
* Walk-and-turn test
* Horizontal-gaze-nystagmus test
* Picking up coins
* Counting backwards
* Reciting the alphabet
* Throwing and/or catching a ball
Conclusion
Driving is the basis of the American lifestyle for most, permeating every activity we do. We dependon driving to get to work, to associate with friends, to run errands and to take a vacation. Licensed drivers drive children, people with physical challenges and senior citizens to important appointments and activities. A DUI conviction can bring a screeching halt to your life. If you face a plausible problem with driving under the influence, a lawyer can stand up for you and help protect your interests and those of your loved ones.
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