Drunk driving is a serious crime. If you are arrested for driving under the influence (DUI), you will have to know their rights under the law.
This article will explain what you need to know about DUI and DWI. If you have questions about your case, you should contact a DUI lawyer knowledgeable in your area.
Even a few drinks can put over the limit
Although each state has its own drunk driving laws, all states share the same threshold for what constitutes a DUI.
In all states, if your blood alcohol content (BAC) is above 0.08 percent, you will be arrested for committing DUI. BAC is a measure of alcohol in his blood. Depending on your body mass, even a couple of drinks can put above this limit 0.08 percent.
You may have to take a field sobriety test
If you are stopped on suspicion of drunk driving, the officer on the scene may require you to take a field sobriety test. A field sobriety test consisting of several exercises, including:
- Standing on one leg
- Walk straight
- Following a light with your eyes, keeping your head and neck still
- Poor performance in any part of the test can provide the officer with reason to arrest him.
You may face heavy fines and jail
Each state sets its own list of penalties for DUI. To learn more about DUI penalties in your state, you should contact a DUI lawyer in your area.
However, many states use similar sanctions. The following are just some of the consequences that may face drunk driving:
- Time in prison
- Community Service
- License Suspension
- The installation of an ignition interlock device, a device that requires to pass a Breathalyzer test before your car will start
As a deterrent added, some DUI recidivism states consider as serious offenses.
You may face consequences for not consent to a Breathalyzer test
Many states have what is known as implied consent laws. This means that, as a condition of being a licensed driver, you have provided your consent for BAC testing in the event that you are suspected of committing DUI.
Although the penalties for refusing Breathalyzer tests can vary from one state to another, the suspect’s driver’s license is usually suspended for a certain period of time, often ranging from six months to a year.
You may not be able to enter a plea
Usually when a person commits a crime, he and his lawyer may enter into a plea agreement with prosecutors. A plea agreement means that admits accused of minor charges to receive a lighter sentence.
However, this is not always true in DUI cases. Some states have laws that prohibit a DUI defendant entering a plea agreement. Other times, a judge refuse to accept a plea agreement in a DUI case.
If you have been arrested for driving under the influence, be sure to contact a knowledgeable DUI or a DWI lawyer to help.