Archive for August, 2011

• Understanding DUI

  Tuesday, August 2nd, 2011

  DUI stands for ‘driving under the influence’ which in a nutshell is drunk driving.   In other words DUI involves getting into a motor vehicle with alcohol levels in your blood above the legal limit.  This is a criminal offense in the United States.  You do not have to be driving for this to be an offense.  Merely sitting in the vehicle while intoxicated can lead to a conviction. You may also get arrested for having an open container of alcohol in your vehicle.   DUI applies to both alcohol and other drugs as well.  Conviction of driving under the influence can lead to fines and/or a prison sentence.

  The usual test for DUI relates to the blood alcohol content which is the percentage of alcohol in the blood.  In the US it is against the law to drive a vehicle with blood alcohol content that is 0.08% or greater.  For commercial drivers the limits are stricter – 0.04%.

  For a DUI investigation to take place there must be one of the following observed by the police officer.  Either erratic driving (driving too slow, acceleration, weaving) by the operator of the vehicle suggesting alcohol or drug impairment, or a suspicion when stopped at a police checkpoint.

  Police officers do various tests to determine if a driver is intoxicated.  These include observation of the vehicle, and field tests such as smell, walking, standing and conversation.  Basically its up the officer to observe and determine if he thinks that the driver is showing signs of being intoxicated.  A portable breath analyzer can be used to show the blood alcohol content.

  In the US police officers use 3 field sobriety tests to evaluate the driver and establish probable cause for arrest.   Usually the tests have to be administered within two hours of being stopped.

  DUI is generally a misdemeanor with punishments ranging up to a year in jail.  It can be a felony is it involves serious injury, death or extensive property damage.  This is also the case if the driver has had previous DUIs within a certain time period.

  If you are planning to drink alcohol then you should plan not to drive a vehicle.  Therefore appoint a non drinker as a designated driver for the evening, or find accommodation near to the function you will be attending, or plan to use public transportation or a taxi.

  Brought to you by Mecklenburg DUI Attorney. Mecklenburg County is located in the state of North Carolina. Its largest city is Charlotte.