It’s no secret that knowledge of the law prevents unfair treatment by the police. However, at least once, we faced a situation with a lack of know-how to use the rights we 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 think, “I wish I’d known sooner!”. So the article relates the topic of serious matters as a law about “Driving Under the Influence of Intoxicants” (DUII, usually called shortly among people DUI). Not knowing or breaking which, you can get penalties of 300 with the license to drive excluded or even imprisonment for ten years. The laws differ in different states, so it’s important to be informed quickly.
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 helpful to consult for a piece of verified information. Thus, if you are located in Oregon and going to drive a vehicle after drinking some alcohol, or you’re already trapped in a sticky situation concerning the current topic, you will need urgent advice from a specialist and beneficial 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 know a lawyer personally. You had to have maybe 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 the following:
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 unexpectedly affect the mind and body and cause unpredictable consequences. While driving a car under 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 a permissible limit documented in all the United States of America. All above this measure is a crime. Of course, it has nuances, just like anything else, and any missed information can cost too much. Thus, the BAC limit for commercial drivers in Montana stands at 0.04% and above. For drivers under 21, a BAC limit goes to 0.02% and above.
At the same time, North Carolina has a different 0.00% and 0.01% BAC limit in Indiana for minor drivers (under 21). It’s easy to see a real difference in specific samples, so if you want to be prepared for law-abiding driving in particular states, check the details accurately.
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Let’s say a man got pulled over by police on suspicion of an exceeded limit of intoxication (by the way, here you can get acquainted with 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. People can ask for a blood test because they are not always exact. In case of refusing to do a breath test, the actions are acceptable 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 to understand what you need to do. Your refusal to do these tests 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 other common factors that can affect BAC. Here is a good online service you can use anytime. It’s better to be safe and use your own Breathalyzer to be sure of his fine rate, but since this stuff will likely fail, the best way to protect yourself is 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 a driving license or revocation (you can file your appeal within 28 days after receiving 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 every year, any driver should read them carefully.
Advice for sobering up
The best thing is time…and water. For a short-time fast effect, try to use a cold shoulder, do physical activity, or eat protein food. It helps to score the process of sobering up. In case of severe poisoning, pump the stomach and call 911.
However, an ideal option is to get enough sleep and avoid dehydration in case of slight intoxication.
