DUI means driving under the influence of drugs or alcohol. It is sometimes also called DWI and OUI (Operating Under the Influence). 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 shut doesn’t it…Driving Under the Influence. Pretty straightforward, right?
Let’s look into this seemingly obvious definition in more depth to demonstrate some possible areas where an astute attorney 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. Innocence or guilt may hang on whether the defendant was actually “driving” in a given circumstance. What if he or she was just sitting in the driver seat but the motor was off? What if the defendant was catching a few Z’s there? What if the keys were in the defendant’s trouser pocket and not in the ignition? What if that car was out of fuel and could not be started? What if the car was idling and not in gear? What if it was being towed? Courts all around the nation have considered various scenarios to determine whether or not the required control over the vehicle was present and the outcomes vary by state and by the individual context of the situation. Vehicle Requirement Cars, trucks and vans are clearly considered to be vehicles for drunk-driving law purposes. However, people have been convicted of drunk driving while operating motorboats, mopeds, dirt bikes, snowmobiles, electric wheelchairs, golf carts, bicycles and ATVs, although the types of vehicles contemplated differ by state. Intoxication One way prosecutors try toprove driver intoxication is through lab analysis of the amount of alcohol in the defendants body, usually by analyzing the blood or breath. These tests are usually administered by machines, such as the Breathalyzer. In a state, a person with a BAC (blood-alcohol concentration over .08 is considered intoxicated.
Implied-consent laws create the legal presumption that if one takes advantage of the privilege of operating an automobile, she or he automatically consents to state-administered chemical testing to determine his or her blood alcohol concentration. If a driver refuses to take the test, his or her license may be revoked or suspended.
BAC 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. For example, your attorney may recommend retesting of the breath samples. One may be able to obtain exclusion of the original breath sample test results from the case or even dismissal of the case.
Other types of evidence that can be used by prosecuting attorneys to show intoxication include drivers’ statements, witness and police observations of behavior of driving patterns and circumstantial evidence. An example of a type of possible relevant circumstantial evidence is that a the accused, before driving, spent the afternoon at a party where drinking games were played.
Police also gather important evidence of inebriation by administering 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 style of living, permeating every activity we do. We dependon driving to get to work, to associate with friends, to run errands and to take a holiday. Licensed drivers drive juveniles, people with physical disabilities and senior citizens to important appointments and activities. A DUI conviction can bring a screaming halt to your life. If you face a conceivable problem with driving under the influence, a lawyer can fight for you and help take care of your interests and those of your beloved relatives.
Also check out these highly relevant links: Walker DWI Legal and Legal Marketing.
You have been charged with DUI. You know that you are facing fines, license suspension, and even potential jail time. Maybe this is your first DUI citation, or maybe it is your fourth. The trust is that many DUI offenders are alcoholics, but they don’t know how to deal with their situation. For the following reasons, it is a good idea to tell your DUI attorney if you know or think you have an alcohol problem.
1) Establish Trust.
Telling your DUI attorney from the outset a fact that is not easy to admit will provide instant trust to your lawyer-client relationship. Your DUI attorney is one of several people that can provide you immediate assistance after you are charged with DUI. You want to get off on the right foot, and you always want to be honest with your attorney. This gives you the best opportunity to create a strategy for your defense and your life.
2) Sentencing Alternatives.
Many jurisdictions offer sentences that don’t include jail time or hefty fines. If one of the goals of the criminal system is rehabilitation, then DUI defendants are prime candidates to target with that goal in mind. Diversion programs, substance abuse classes, driving schools, and other education-based programs are a better alternative to locking someone up, letting them out, and having them drive drunk again.
3) Easier to Help.
Your DUI attorney will have a hard time helping you if he or she doesn’t know what kind of help you need. By admitting that you have a problem, your DUI attorney can then seek help from different sources, and not necessarily the court. A good DUI attorney will have resources available to utilize, and contacts that could help you with both your tendency to drive after drinking and with your alcohol problem as a whole.
4) Your Life May Depend On It.
More than anything, your DUI attorney has the proverbial keys to your life (pun intended). Continually driving under the influence of alcohol not only endangers the lives of other innocent strangers and friends, it also endangers your own life. For that reason alone, if you have a problem, you need to tell your DUI attorney who can provide solutions where needed.
It takes more than a good DUI attorney to help with an alcohol problem. But admitting to your DUI attorney that you are an alcoholic is a good stepping stone in the process of solving that problem. Additionally, you will have laid the foundation for defending your DUI case and, together with your attorney, you can create a strategy moving forward.
DUI laws vary from state to state, and you should consult with an attorney if you receive a DUI citation. If you are in need of help for a DUI in Maryland or DC, contact a Maryland DUI attorney or DC DUI attorney.
