DUI means driving under the influence of drugs or alcohol. It is sometimes also termed as DWI (Driving While Intoxicated) and OUI (Operating Under the Influence). If you test at a .08% blood alcohol level or above it is used as evidence of Driving Under the Influence and that is illegal in all states.
A DUI sounds pretty open and closed doesn't it...Driving Under the Influence. Pretty obvious and straight forward, right?
Let's examine this seemingly obvious definition in more detail 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 operator 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 particular circumstance. What if she or he was just sitting in the driver seat but the motor was off? What if the defendant was just napping there? What if the keys were in their trouser pocket and not in the starter? What if that automobile was out of fuel and could not be started even if he or she wanted? What if the vehicle was idling? What if it was being towed? Courts all around the nation have considered various scenarios to determine whether the required control over the vehicle was present and the outcomes vary by state and by the individual context. Vehicle Requirement Vans, trucks and cars are clearly considered to be vehicles for drunk-driving law purposes. However, some have been convicted of drunk driving while steering motorboats, mopeds, dirt bikes, snowmobiles, electric wheelchairs, golf carts, bicycles and ATVs, although the vehicle types contemplated differ state-to-state. Intoxication One way prosecutors try toprove driver intoxication is through lab analysis of the amount of alcohol in an individuals body, usually by analyzing the breath or blood. These tests are usually administered by a machine, such as the Breathalyzer. In a state, a person with a blood-alcohol concentration (BAC) over 0.08% is considered legally intoxicated.
Implied-consent laws create the legal presumption that if one takes advantage of the privilege of operating a vehicle, he or she automatically consents to state-administered chemical testing to determine his or her BAC. If a driver refuses to take blood-alcohol test, his or her license may be retracted or suspended.
BAC test results over the legal limit are usually presumed to be proof of intoxication. However, defendants may challenge the conclusiveness of the results by showing irregularities in the test administration procedure or problems with the equipment used for testing. For example, your lawyer may advise retesting of the breath samples. She may be able to obtain exclusion of the original Breathalyzer results from the case or even dismissal of the case entirely.
Other types of evidence used by prosecuting attorneys to show intoxication include drivers' statements, witness and police observations of behavior of driving patterns of circumstantial evidence. An example of appropriate circumstantial evidence is that a defendant, before driving, spent the afternoon at a party where drinking games were played.
Police also gather important evidence of drunkenness by administering standard field sobriety tests (FSTs) at the scenes of 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 style of living, permeating every activity we do. We counton driving to get to work, to associate with friends, to run errands and to vacation. Licensed drivers transport adolescents, people with physical challenges and senior citizens to important appointments and activities. A DUI conviction can bring a screeching halt to your life. If you face a possible problem with drinking while driving, a lawyer can stand up for you and help protect your interests and those of your beloved relatives.
A DUI sounds pretty open and closed doesn't it...Driving Under the Influence. Pretty obvious and straight forward, right?
Let's examine this seemingly obvious definition in more detail 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 operator 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 particular circumstance. What if she or he was just sitting in the driver seat but the motor was off? What if the defendant was just napping there? What if the keys were in their trouser pocket and not in the starter? What if that automobile was out of fuel and could not be started even if he or she wanted? What if the vehicle was idling? What if it was being towed? Courts all around the nation have considered various scenarios to determine whether the required control over the vehicle was present and the outcomes vary by state and by the individual context. Vehicle Requirement Vans, trucks and cars are clearly considered to be vehicles for drunk-driving law purposes. However, some have been convicted of drunk driving while steering motorboats, mopeds, dirt bikes, snowmobiles, electric wheelchairs, golf carts, bicycles and ATVs, although the vehicle types contemplated differ state-to-state. Intoxication One way prosecutors try toprove driver intoxication is through lab analysis of the amount of alcohol in an individuals body, usually by analyzing the breath or blood. These tests are usually administered by a machine, such as the Breathalyzer. In a state, a person with a blood-alcohol concentration (BAC) over 0.08% is considered legally intoxicated.
Implied-consent laws create the legal presumption that if one takes advantage of the privilege of operating a vehicle, he or she automatically consents to state-administered chemical testing to determine his or her BAC. If a driver refuses to take blood-alcohol test, his or her license may be retracted or suspended.
BAC test results over the legal limit are usually presumed to be proof of intoxication. However, defendants may challenge the conclusiveness of the results by showing irregularities in the test administration procedure or problems with the equipment used for testing. For example, your lawyer may advise retesting of the breath samples. She may be able to obtain exclusion of the original Breathalyzer results from the case or even dismissal of the case entirely.
Other types of evidence used by prosecuting attorneys to show intoxication include drivers' statements, witness and police observations of behavior of driving patterns of circumstantial evidence. An example of appropriate circumstantial evidence is that a defendant, before driving, spent the afternoon at a party where drinking games were played.
Police also gather important evidence of drunkenness by administering standard field sobriety tests (FSTs) at the scenes of 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 style of living, permeating every activity we do. We counton driving to get to work, to associate with friends, to run errands and to vacation. Licensed drivers transport adolescents, people with physical challenges and senior citizens to important appointments and activities. A DUI conviction can bring a screeching halt to your life. If you face a possible problem with drinking while driving, a lawyer can stand up for you and help protect your interests and those of your beloved relatives.
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