Below find some of the most frequently asked questions related to drunken driving legal limits, defenses, and how to find the right lawyer after you face charges of driving under the influence of alcohol DUI (drunk driving):
What is the legal limit of toxicity in the blood?
In general, it is illegal to drive or operate a vehicle if you are “affected” by drugs or alcohol. It should be clearly understood that the drugs are not excluded from this list. It is damaged or affected means that there is enough alcohol or drugs in your body that prevents him from thinking clearly and drive or drives your vehicle safely on the street. According to many studies conducted, most people are affected or damaged long before they are considered damaged, affected or drunk.
As for the numbers – if you have a level of blood alcohol of .08% or greater, it will be considered “per se” as Driving under the Influence (DUI) or Driving While Intoxicated Find (DWI). For those who do not have the legal age to drink alcoholic beverages i.e., age 21, most states consider that you were driving under the influence of alcohol if their blood alcohol level is .01% or higher. 02%, depending on the state where you are.
What methods used by police to detect drivers driving under the influence of alcohol?
In general, the police have three different methods to see if the driver is intoxicated or not:
Noting a driver driving erratically, Generally the police will stop it if you find that you show any sign that you are driving under the influence or driving while intoxicated. These signals include strong words, speeding, very slowly, not to stop driving when the officer make the change of lights or do not pull over, and any other indications that point to the police officer that you are driving under the influence alcohol. In general, if you have a good reason to manage the way in which it is doing, the police officer may let him go with a fine or a warning. However, police officers will be watching to see if your vision is blurred or can smell alcohol on his breath.
Sobriety tests, If after the police have the feeling that you drive under the influence of alcohol, he may be asked to leave the car to give a sobriety tests, These tests may include walking in a straight line, standing on one leg, or a skill expression. The police officer also carefully sees your eyes and vision seeking his pupil dilation. If you do not pass these tests, surely the police officer will ask you a test is made to analyze the levels of blood alcohol.
Analyze test for alcohol levels in the blood. If you do not pass the test that indicates the level of blood alcohol, the police officer probably asked to provide proof alcohol levels in the blood is made. Such tests are generally taken through urine tests and through breath tests. The blood test is very straightforward and measures the level of alcohol in the blood in your body. The urine test and breath test is based on a mathematical formula that detect the level of alcohol in the blood sample you provide. If your score is above 08% which is the level of alcohol in the blood, you will be guilty of DUI unless you can convince the judge that was not affected or damaged, or driving unsafely. Also, many base their defense lawyers oppose the mathematical formula used in these tests.
I need testing or examination if the police officer asks me to make?
In general, you have the right to refuse the blood test, but if you do, you will be invoking “tacit consent”. This wills likely result in the suspension of your driver’s license for a period of time, even when not found guilty in court. Additionally, if the appropriate prosecutor tells the jury that you did not want to take the blood test will be frowned upon in his defense to prove that you did not drive under the influence of alcohol.
After I have stopped for driving under the influence of alcohol, I can consult with an attorney before deciding what kind of test or exam I want to submit?
This depends on the laws of your state. For example, in Arizona, you can talk to a lawyer before deciding which test or exam will be done. However, other states will not allow you to consult with a lawyer before taking a test or exam.
Can the police question me after I stopped but before reading me my rights?
It all depends on the circumstances and that you are or are not under the “custody” of the police. At a stop in traffic, you will not be considered as being in the custody of the police, so the police cannot question him read his Miranda rights. Once you are in the custody of the police, then the police have to read him his rights before asking any questions. If they do not, any responses you offer will be inadmissible in court.
Should I have a lawyer if I have been charged with driving under the influence?
If you have decided to defend against a charge of driving under the influence of alcohol, be very smart to hire a defense lawyer with experience in driving under the influence of alcohol. These lawyers have great skills to question scientists and medical experts and to develop a defense for you.
It is much more difficult these days to successfully defend cases of drivers who drive under the influence of alcohol. If the police have evidence that you did not pass the blood test or breathalyzer, you have a serious case in front of you. If you believe you are guilty, it is best to try to negotiate an agreement or obtain an agreement with the prosecutor to have his case.
Can I stopped at a police checkpoint and asked them to wait to answer certain questions, I did legally correct?
If the police used some neutral policy to choose which cars to stop and what not, if done right, Police controls that are in the way, the police have the right to stop the car if they have good reason to do so, as is having a suspicion that you are driving under the influence of alcohol.