DUI means driving under the influence of illegal substances 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 a DUI 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 simple definition in more depth to illustrate a few conceivable areas where an astute 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. Innocence or guilt may depend on whether the defendant was actually “driving” in a given circumstance. What if she or he 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 their pants pocket and not in the starter? What if that car was out of gas and could not be started even if he or she wanted? What if it was idling? What if it was being towed? Courts through out the nation have considered various scenarios to ascertain whether or not the necessary control over the vehicle was present and the outcomes vary by state and by the individual context. Vehicle Requirement Trucks, cars and vans are quite obviously 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 vehicle types that fall under this umbrella differ state-to-state. Intoxication One way prosecutors try toprove driver intoxication is through scientific analysis of the amount of alcohol in an individuals body, usually by analyzing the blood or breath. These tests are usually administered by machines, such as the Breathalyzer. In every state, a person with a blood-alcohol concentration (BAC) over .08 is considered in accordance with the lawintoxicated.
Implied-consent laws create the legal presumption that if a person takes advantage of the privilege of driving an automobile, she or he automatically consents to state-administered chemical testing to determine his or her BAC. If a driver refuses to take the test, his or her driver’s license may be retracted or suspended.
BAC test results over the legal limit are most often 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 materials used for testing. Your attorney may recommend retesting of the breath samples. He may be able to obtain exclusion of the original breath sample test results from the case or even dismissal of the casecompletely.
Other types of proof used by prosecuting attorneys to show intoxication include drivers’ statements, witness and police observations of behavior and driving patterns and circumstantial evidence. An example of possibly relevant circumstantial evidence is that a driver, before driving, spent the afternoon at a party where drinking games were participated in.
Police also gather important evidence of drunkenness 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 way of life, permeating every activity we do. We counton driving to get to work, to socialize, to run errands and to take a vacation. Licensed drivers commute children, people with physical disabilities and senior citizens to important appointments and activities. A driving while drinking conviction can bring a screaming halt to your life. If you face a conceivable problem with drinking while driving, a lawyer can fight for you and help take care of your interests and those of your loved ones.
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