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DUI Laws

DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) laws are names for the same offenses in different states. We'll use the term DUI since this is more common than DWI.

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DUI laws prohibit a person from driving while impaired by use of alcohol, illicit drugs, prescription drugs or even over the counter medication. In the United States this is a kind of criminal offense. DUI represents that the criminal tries to control a motor vehicle when he or she is under the influence of alcohol or drugs or both.

DUI laws have been put in place by all U. S. states to try to deter serious accidents including casualties. DUI accidents are one of the top causes of accidents and deaths on the U. S. roadways.

When a suspected DUI is pulled over by police there are several options at the officer's disposal. Depending upon the state, county or city an officer may have a breathalyzer test available. Another method to determine DUI is a field sobriety test.

In addition, if the DUI is suspected to be caused by drugs and not alcohol, then a blood sample may be requested when the suspect is brought back to the station for processing. Typically a car will also be searched for illegal drugs which will compound the sentencing in court.

If there was no accident that occurred because of the DUI, then the judge may opt for minimal sentence, suspended sentence, order the driver into rehab or order the driver to take drug and alcohol prevention classes.

If another person was hurt or property was damaged because of the DUI, then the driver may face more serious criminal and civil charges. Besides jail time, the driver may face civil charges from those who have been hurt, their family, or property owners.

A consequence for repeat offenders may be to have one's drivers license suspended for whatever time frame the judge dictates. This is to minimize the risk to self or others from another DUI. This may be a hardship for the driver if they are employed and need a vehicle to get to work or for their work.

Occasionally, some defenses work in regard to the DUI laws of some states. For instance, if the driver is right on the edge of the blood alcohol limit (.08 to .10 in most states) the accuracy of the equipment can be questioned. If the field sobriety test is given the defendant could claim a medical condition to account for this.

In addition, some prescription and non-prescription medication don't interact well with others and if the driver is unaware of this conflict and no one is injured as a result, the charges may be dropped. These are just a few examples of the defenses for the DUI laws in various states.



 

 

 

 

 

 

 

 

 

 

 


 

 


 

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