An Overview of 5 Common Questions Related to
DUI Charges That an Accused Person Must Keep Note of
If you are facing driving under influence (DUI) charges then you will have to take right steps to avoid charges. There are several aspects which you need to keep note of and our aim here will be to have a closer look into these aspects so that you can take right decisions according to situation you are in.
Common Questions Related to DUI Charges
Will a person be guilty even when person's alcohol concentration is below 80mg legal limit?
Yes, you will be facing impaired driving charges due to consumption of alcohol or drugs. Since you are below legal limit, there will not be any charges for over limit driving. Police officers will check common symptoms (such as slurred speech, erratic driving, watery or red eyes, unbalanced walk, etc.) and collect evidences to form the accusation of impaired driving. Thus, while driving you need to be aware of the fact that officers will be looking for symptoms which consolidate the fact that your ability to drive has been impaired due to drug or alcohol consumption.
Is it possible to receive a restricted driving license in case a person has a record of impaired driving?
No, it will not be possible to get this license in case you have a record of impaired driving. This license is given only when a person loses his or her license due to traffic infraction, what will be possible is installation of alcohol ignition interlock device into vehicle. You will have to face regular suspension of three months for the first offense in case alcohol level in your blood was below 160mg.
Should I give a breath sample?
Yes, a DUI lawyer will always recommend that you give a breath sample. If you refuse then it is likely that you will have to face charges as well as legal consequences. You should give the breath sample and let your DUI lawyer determine whether police has made any mistakes or infringed upon your rights.
When asked, is it necessary for the person to tell police officers what he or she had been drinking?
No, you should not be telling what you were actually drinking. Before giving any kind of reply you should get the opportunity to talk with your DUI lawyer and then only provide a reply which your lawyer feels would be an appropriate response for your situation. You need to follow this procedure even when there is clear smell of alcohol in your breath. The reason is even when there is strong alcohol odor, it will only tell the police that you have recently taken a drink. The odor will not help police officer understand how long ago you had taken the drink or amount of alcohol you had taken. These two are important factors for your case (the time delay and amount of alcohol) and as such not saying anything will help in strengthening your case.
Can someone rely on breath sample analyzers available in bars for determining whether a person has crossed legal limit?
No, any type of result such instruments give will not be considered at the time of trial and as such you should not rely on them. Better thing to do will be not to drive in case you feel that a test will be necessary to ascertain whether you are in right condition to drive.
As we can see driving under influence can have serious implications and by consulting a DUI lawyer you can increase your chances of a not guilty verdict.