DUI
DUI, an acronym for Driving Under the Influence, is also known as DWI, Driving While Intoxicated. Operating a vehicle after alcohol consumption and drugs is not only illegal, but the impairment of motor skills causes substantial damage to property, injuries, and deaths every year. DUI laws are also applicable to the operation of boats and aircrafts.Measuring Blood Alcohol Content
In the United States, it is illegal to drive if your blood alcohol content (BAC) is above 0.08 percent. In certain states, a BAC of 0.05 percent constitutes a lesser infraction, known as driving while impaired. A person’s BAC is determined by dividing the amount of alcohol in the system (in milligrams) by the amount of blood in the body (in milliliters). Determining the driver’s BAC as well as conducting subjective reflex tests are two ways of finding out if the driver is legally impaired and should not be driving. For those who are under 21 years of age, any amount of alcohol in the system is automatically a DUI.
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Penalties for DUI
Typically, the severity of the punishment for DUIs depends on a few factors:
- Is this a first time offense? Courts are generally more lenient on first time offenders.
- Was there a child in the vehicle?
- Was the offender cooperative with the law enforcement officer when answering questions or performing sobriety tests?
- Was the BAC excessively high, for example, over .20?
Hiring a DUI Defense Attorney
Because DUIs are very serious criminal offenses, it is highly recommended that a knowledgeable DUI defense attorney is retained as soon as the suspect is charged. The attorney’s office should be located in the jurisdiction of the country where the case was filed. Before retaining an attorney, begin by thoroughly researching the attorney's background and education to make sure the one you hire is competent enough to handle your case. It is important for the attorney to have a good reputation and be in good standing with the bar association of your state. It may also be helpful to enter the attorney’s name in a search engine and review the results. If you cannot handle the expense of an attorney, the court will appoint a public defender for you.
Before going in for an initial consultation, gather all documents, including the police report, court paperwork, and bail papers. Also, prepare a list of questions for the attorney. Try to be as thorough and detailed as possible when describing the events because, in most DUI cases, it will be your word against the police officer’s. Try to think of other individuals who are, or may be involved in the matter, and inform the attorney of this to prevent a potential conflict of interest. Make sure the lawyer is aware of all details, even if you feel it is minute and will negatively affect the outcome of the case. This is important in making sure the attorney is not surprised by facts that will irreparably damage your case. After the meeting, you should have a sense that the attorney is not only knowledgeable on the matter, but will be capable to defend you.
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