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الجمعة، 17 أغسطس 2012

DUI Law - How One Is Charged With Drunk Driving

It is commonly believed that alcoholism, which is defined as "an addiction to the consumption of alcoholic liquor or the mental illness and compulsive behavior resulting from alcohol dependency," is one of the leading causes of drunk driving. However, studies have shown that this statement is false since it was found that most people with DUIs (people driving under influence of drugs or alcohol) are not even alcoholics.

There are severe laws against drunk driving in the US. They are collectively known as DUI or DWI laws. There's an entire procedure to be followed if you are caught or suspected to be driving drunk.

The primary trigger of suspicion while driving drunk is the apprehensive driving behavior of a person. When a traffic police officer notices any kind of such driving behavior, he has the authority to call a traffic stop on that vehicle. If, at the stopping of the vehicle, the officer observes slurred speech, general incoherence, and/or odor of alcohol, he has the authority to order a field sobriety test. These tests don't measure actual blood alcohol content level, but they measure the coordination of the suspect, requiring the demonstration of good judgment and motor skills.

Failure to exhibit these will lead to the officer demanding a BAC test (Blood Alcohol Content test.) To pass this test, the level of alcohol in your blood should be lower than the legitimate limit set by the state. In most states, this limit is.10% BAC, while in others it is as low as.08% BAC. For drivers under the age of the legal drinking age, which is 21 years, this limit is normally zero, but in some states it can be as high as.02% BAC. Since the BAC in a person's body lowers over time, this test must be administered quickly if the officer wishes to gather evidence to make a DUI charge. For this reason, police officers mostly use breathalyzers rather than standard blood tests, as breathalyzers are minimally invasive as well as quicker as they immediately calculate the blood alcohol content in a breath sample.

However, it is important to note that no DUI suspect is bound by law to follow any of the procedures, after the traffic stop. Before the tests are administered, protocol requires that the suspect be given the right to remain silent and the right to a lawyer. Once the suspect avails his right to a lawyer, no further questioning is allowed, and no tests can be administered.

If you require further information, please visit: Drunk Driving


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