DUI means driving under the influence of drugs or alcohol. It is sometimes also called DWI (Driving While Intoxicated) and OUI. Operating a vehicle with a .08% blood alcohol level or higher is illegal in all states in the US.

A DUI sounds pretty open and shut doesn't it...Driving Under the Influence. Pretty obvious and straight forward, right?

Let's look into this seemingly obvious definition in more detail to illustrate some possible areas where an astute lawyer can attack a DUI charge.

Driving Requirement

The requirement of operating or driving suggests that the operator of the vehicle must have some sort of control or command of the vehicle. Guilt or innocence may hang on whether the defendant was actually "driving" in a particular circumstance. What if he or she was just sitting behind the wheel of a car but the motor was off? What if the defendant was just sleeping there? What if the keys were in the defendant's pants pocket and not in the ignition? What if that automobile was out of fuel and could not be started? What if it was idling? What if it was being towed? Courts through out the nation have considered various scenarios to ascertain whether or not the necessary control over the vehicle was present and the outcomes vary state to state and by the individual context of the situation. Vehicle Requirement Trucks, cars and vans are quite obviously considered to be vehicles for drunk-driving law purposes. However, some have been convicted of drunk driving while steering motorboats, mopeds, dirt bikes, snowmobiles, electric wheelchairs, golf carts, bicycles and ATVs, although the types of vehicles contemplated differ state-to-state. Intoxication One way prosecutors take a shot at trying toprove driver intoxication is through scientific testing of the amount of alcohol in ones body, usually by analyzing the blood or breath. These tests are usually administered by machines, such as the Breathalyzer. In every state, a person with a blood-alcohol concentration (BAC) over 0.08% is considered legally intoxicated.

Implied-consent laws create the legal presumption that if an individual takes advantage of the privilege of driving a vehicle, she or he automatically consents to state-administered chemical testing to determine his or her blood alcohol concentration. If a driver refuses to take the test, his or her driver's license may be retracted or suspended.

BAC test results over the legal limit are most often presumed to be proof of intoxication. However, defendants may challenge the conclusiveness of the results by showing irregularities in the testing protocol or problems with the test equipment. For example, your attorney may recommend retesting of the defendant's breath sample. One may be able to obtain exclusion of the original Breathalyzer results from the case or even dismissal of the casecompletely.

Other types of proof used by prosecuting attorneys to show intoxication include drivers' statements, police and witness observations of behavior and driving patterns and circumstantial evidence. An example of applicable circumstantial evidence is that a the accused, before driving, spent the afternoon at a party where drinking games were engaged in.

Police also gather important evidence of intoxication by administering tests at traffic stops. Common field sobriety tests include:

* Finger-to-nose test

* One-legged stand

* Walk-and-turn test

* Horizontal-gaze-nystagmus test

* Picking up coins

* Counting backwards

* Reciting the alphabet

* Throwing and/or catching a ball

Conclusion

Driving is the basis of the American style of living, permeating every activity we do. We relyon driving to get to work, to get together with, to run errands and to vacation. Licensed drivers commute children, people with disabilities and senior citizens to important appointments and activities. A drunk-driving conviction can bring a standstill to your life. If you face a potential problem with drunk driving, a lawyer can be a proxy for you and help protect your interests and those of your family.

Also check out these highly relevant links: Bradley DWI Attorney and Attorney Marketing.

Posted under Wine