Factors of a Drunk Driving Offense

Driving/Operating

You will be charged with DUI/DWI if you operate or drive a vehicle while you are under the influence of alcohol or drugs. In some states the law requires that you should be driving the vehicle to be charged with DUI/DWI. In others, you can be charged with the offense of DUI/DWI even if you operating the vehicle. Generally, operating a vehicle means that you are in physical control of the vehicle, i.e you are sitting in the driver’s seat and the ignition is on. What exactly constitutes driving and what constitutes operating will depend on the state law.

Blood Alcohol Concentration

To be charged with DUI/DWI, your blood alcohol concentration must be 0.08% or more. This blood alcohol concentration is the same in all states. No exceptions.

Proving the Offense

The police must prove the charges against you. For this the police will rely on the testimony of the arresting officer and the evidence against you. The evidence against you will be in the form of the results of the field sobriety tests, breath analyzer tests and the chemical tests.

Officer Testimony

The officer will testify why he stopped you on suspicion of DUI/DWI – speeding, speeding, continuous lane change, abrupt stopping or anything that you stand out from rest of the traffic. He will then proceed to inform the court about what happened when he approached you and asked you for your license and registration – your actions, body language, signs of intoxication such as breath smelling of alcohol, reddish eyes, slurred speech, uneven body movements, etc.

The police will then rely on the results of the field sobriety tests. The officer will explain that test that you were asked to perform and how you failed the tests. Most police departments have a dash cam fixed on most police cars and the camera records what is happening in front of the car. For this reason the administering officer will ask you to take the field sobriety test while you are standing in front of the police car.

Breath Analyzer and Chemical Tests

The next evidence against you will be the results of the breath analyzer tests and chemical tests i.e. blood or urine. The police will show the readings that indicated your blood alcohol concentration was 0.08% or more.

Defending a DUI/DWI charge

Once the police complete their side of the incident in court, you will be given a chance to rebut the evidence against you. An experienced DUI/DWI attorney knows that a person charged with DUI/DWI isn’t necessarily guilty as charged. The entire evidence against the person can be challenged. The police must prove the charge beyond reasonable doubt. The charges will be dropped if you manage to create even a small doubt about the accuracy of the test results.

Hiring a DUI/DWI attorney

DUI/DWI is a serious offense. Never plead guilty to a DUI/DWI charge. A no contest plea will also result in a conviction. A DUI/DWI conviction has severe penalties. Your liberty is at stake. If you have been arrested for DUI/DWI, do not speak to the police. Contact an experienced DUI/DWI attorney.

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