It’s no secret that knowledge of the law contributes to preventing the unfair treatment by the police. However, each of us faced at least once a situation with a lack of know-how to use the rights you didn’t even know existed. For example, invoking the right to remain silent or demanding a blood test after the breath test has been provided.
Usually, after being questioned by the police and the adrenaline fades away, people get to thinking, “I wish I’d known sooner!”. So the article relates the topic on serious matters as a law about “Driving Under the Influence of Intoxicants” (DUII usually called shortly among people as DUI) not knowing or breaking which you can get penalties of 300$ with the license to drive excluded or even be imprisoned for 10 years. The laws are different in different states, that’s why it’s so important to be informed in time.
To protect yourself from additional complications that can be avoided, to provide yourself a clear understanding of the allowed rate of alcohol consumption before driving, to know your rights if you are cited or arrested for “Operating While Impaired” (OWI) is really helpful to consult for a verified information. Thus, for example, if you are located in Oregon state going to drive a vehicle after drinking some alcohol or you’re already being trapped in a sticky situation concerning the current topic, you will need an urgent advice from a specialist and really useful answers.
DUI Questions Answered by an Experienced DUI Attorney
It used to be that good legal advice was hard to come by. You had to personally know a lawyer. You had to maybe have a relative who was an attorney. The Internet has changed things. There is now a great deal of legal information available online. For example, an experienced DUI attorney will answer common questions about DUI:. Only a knowledgeable DUI lawyer would be able to clarify that:
Drinking and then driving is not a crime. Drinking to the point of intoxication and impairment and then driving, is a crime.
Remember, intoxication begins after consuming one drink. The consumption of alcohol can affect unexpectedly on mind and body, and cause unpredictable consequences. While driving a car under the influence of alcohol, you are still responsible for your and human lives. Better think twice before starting a car.
Driving a vehicle with “Blood Alcohol Content” (BAC) lower than 0.08% is considered to be a permissible limit documented in all the United States of America. All above this measure is a crime. Of course, it has its nuances just like anything else and any missed information can cost too much. Thus, for example, BAC limit for commercial drivers in Montana stands at 0.04% and above. For drivers with age under 21, a BAC limit goes at 0.02% and above.
At the same time, the North Carolina has a different 0.00% and 0.01% BAC limit in Indiana for minor drivers (at the age under 21). It’s easy to see a real difference on specific samples, so if you want to be prepared for law-abiding driving in particular states, check the details accurately.
Let’s say a man got pulled by police on suspicion of an exceeded limit of intoxication (by the way, here you can get acquaint the reasonable suspicion to stop and detain). What kind of tests could he possibly face?
-”Intoxilyzer”. A test that helps to measure a BAC with a breath sample. Just because they are not always exact, people have a full right to ask for a blood test too. In case of refuse to do a breath test, the actions are accepted to be lawbreaking.
– Field Sobriety Tests: The Horizontal Gaze Nystagmus (HGN) (an eye test), the Walk and Turn (WAT), and the One Legged Stand (OLS). As a rule, officers should thoroughly inform you about these tests so that you understand what you need to do. Your refusal to do these test can be used against you in court.
The Effects of Blood Alcohol Concentration
The hardest part is that you can be arrested even if the breath test shows 0.07%. After all, in theory, there are big chances to prove that during the arrest the level was 0.08% and later on it lowered to 0.07$. The additional factors that influence are possible alcohol effects. For example, “Lightheaded” condition (varies from .02% to .04%) causes relaxed, at ease feelings in a combination of any kind emotional intensity. A condition called “Buzzed” (varies from .05%-.07%) still causes a peaceful feeling but the person becomes braver than usual that can provoke not very good consequences. Thus, better rely on the emotional state before driving drunk, because a drunk person in depression or in a state of euphoria can cause a terrifying accident.
So the most vital information is that you should keep the BAC limit under 0.08% and feel yourself okay. To calculate the approximate level, first, we need to know exactly the quantity and type of the drink, plus, consider a personal age, gender, body type, and the rest common factors that can affect BAC. Here is a good online-service you can use anytime. Also, it’s better to be on a safe side and use your own Breathalyzer to be sure in his fine rate, but since this stuff has a probability of failure, the best way to protect yourself is just not drinking before driving a car.
Penalties for DUI and fines
Each state has its differences in penalties and fines, depending on the seriousness of the offense. It can be financial penalties (from 300$), suspension of driving license or its revocation (you can file your appeal within 28 days after having received the Notice of Suspension), imprisonment in a state or county jail or even house arrest and community service.
For example, Montana has no penalties for first-time offenders and there’s no immediate confiscation of offenders’ licenses in Michigan. So, as the laws change within every year, any driver should read it carefully.
Advice for sobering up
The best thing is time…and water. For a short-time fast effect try to use a cold shoulder, physical activity or eat a protein food, it helps to score the process of sobering up. In case of severe poisoning, pump the stomach and call 911.
But in case of light intoxication, an ideal option is to get enough sleep and avoid the dehydration.