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.
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Many of us are partial to a big night out and the large majority of us are decent enough not to get behind the wheel of a car after drinking, but how cautious are we about driving the next day? Many people would chose to go on a night out and stay at a friend’s house before driving home or to work in the morning but this can be just as dangerous as driving the night before.
Depending on what country you are in, the legal limit for driving is around 50 – 80 milligrams of alcohol in 100 millilitres of blood. You will easily reach this limit with just a couple of units of alcohol so imagine how 10 – 20 units would effect you even after a nights sleep. Obviously the tolerance to alcohol depends on an individual but the general rule of thumb is that one unit remains in the bloodstream for one hour.
The build up of alcohol can often take more than 12 hours to process through the body and it can still have an effect up to a day later. Many people will often stay up to the early hours of the morning on a night out or at a party meaning they don’t get a full nights sleep, especially if they are getting up at their usual waking hour. They assume that after sleeping the effects of the alcohol will have worn off but this is not the case.
An astonishing number of people drive while under the influence of alcohol the morning after drinking, but not all are so innocent; most do not realise that they are over the limit but some assume that even though they might still be breaking the law there is a much lower chance of being caught in the morning than at night when the police are waiting.
Police are wise to occasions when people drink heavily such as weekends and holidays and will plan accordingly. The morning after Christmas, New Year’s Day and other holidays are times when forces perform random stops and road blocks. This is primarily a deterrent but they also aim to crack down on offenders.
It’s not just residual alcohol that can impair your ability to drive; a hangover is caused by the brain being dehydrated which means you will find it difficult to concentrate. A bad hangover will mean you are less alert, lethargic and have impaired vision, not to mention a sore head. Combined with residual alcohol levels this makes for a deadly combination that can catch unsuspecting victims with devastating consequences. The simple answer is to wait at least 12 hours and if you feel hung over, don’t drive.
Getting caught over the limit in the morning can still land you with a drink driving ban and many people end up hiring a driving offence lawyer to get them off the hook.
There is much pressure facing the Government to reduce the legal blood alcohol limit for drivers. The current limit is 80mg per 100ml of blood which would allow the consumption of roughly a pint and a half of medium strength lager for an average sized man. The proposed limit would bring it down to 50mg per 100ml of blood is less than an average pint or a large glass of wine but would match the legal limit in the European Union.
Current UK law states that anyone found driving over the legal limit faces an automatic 12 month driving ban but Sir Peter North QC is currently investigating the possibilities of introducing a second, lower penalty for anyone above the lower limit such as 6 points on a driving licence. Changes could also see prosecutions for drivers found with illegal drugs in their bloodstream, regardless of whether it impaired their performance.
According to Lord Adonis, the Transport Secretary, 430 people were killed as a result of drink driving last year however this figure only refers to people who were over the current legal limit. He also suggests drug-driving is a key concern for the public.
”Driving under the influence of alcohol or drugs still leads to a large number of deaths and serious injuries. The challenge is to see whether changes in the law and its processes can reduce casualties” Claimed Sir Peter.
President of the AA, Edmund King, commented that “the legal issue is more complex than the limit as a sliding scale of penalties could reduce the deterrent effect. There is a serious problem with drink drive repeat offenders with recent figures suggesting that almost a quarter of drink drivers have served a previous ban.”
However, Tony Payne, chief executive of the Federation of Licensed Victuallers Associations condemned the proposals, “We will fight this very very strongly,” he said. “This will penalise responsible people because of the behaviour of some idiots.
Thousands of motorists are prosecuted every year for a drink driving offence but the punishments for speeding are far less despite it causing a significantly higher number of deaths each year.
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The Government in the UK faces intensifying pressure to reduce the legal limit of alcohol consumption when driving. Currently it is illegal to operate a vehicle with at 80mg of alcohol per 100ml of blood which relates to approximately a pint and a half of medium strength lager for an average sized man. The new proposed limit would bring it down to 50mg per 100ml of blood which is little more than half a pint or a large glass of wine which is in line with the European Union limit.
Sir Peter North remarked that ”Driving under the influence of alcohol or drugs still leads to a large number of deaths and serious injuries. The challenge is to see whether changes in the law and its processes can reduce casualties.”
At the moment, any driver caught in use of a vehicle over the legal limit faces an automatic 12 month driving ban but Sir Peter North QC is currently reviewing the case to introduce a lesser penalty for a lower limit such as 6 points on a driving licence. There are also proposed plans to implement prosecutions for drivers found with illegal drugs in their bloodstream, regardless of whether it impaired their performance.
Transport Secretary Lord Adonis has proved that over 400 people a year are killed as a result of drink driving but this figure does not reflect any incidents where drivers were above the proposed lower limit. He also suggests drug-driving is a key concern for the public.
AA President, Edmund King agreed, “the legal issue is more complex than the limit as a sliding scale of penalties could reduce the deterrent effect. There is a serious problem with drink drive repeat offenders with recent figures suggesting that almost a quarter of drink drivers have served a previous ban.”
But the plans are not welcomed by everyone, Tony Payne, chief executive of the Federation of Licensed Victuallers Associations condemned the proposals, “We will fight this very very strongly,” he said. “This will penalise responsible people because of the behaviour of some idiots.
Thousands of drivers each year are convicted of a drink driving offence but even more are convicted, with lower penalties, of a speeding offence, something that causes many more fatalities each year.
