Information On What To Predict Will Happen With A Drunk Driving Arrest
Tuesday, March 9th, 2010If you find yourself charged with a DUI, you could be facing serious consequences, including hefty fines, license suspension and/or jail time. You need an aggressive attorney to fight the charges against you in order assure the most positive conclusion for your case. The best LA defense lawyer for you should have the skills and experience necessary to prepare a powerful criminal defense that successfully challenges all evidence, suppresses questionable evidence, and challenges faulty police procedure. Only the most experienced LA criminal attorney firms are equipped to accomplish this task. Many states have strict penalties in place to prevent people from drinking and driving – and for good reason!
The cold reality of alcohol impaired driving – one death every 45 minutes!
In 2008, 11,773 people were killed in alcohol-impaired-driving crashes. These alcohol related fatalities accounted for 32 percent of the total motor vehicle traffic deaths in the United States. The 11,773 deaths in alcohol-impaired-driving crashes during 2008 represent an average of one alcohol-impaired-driving fatality every 45 minutes.
The amount of innocent lives lost due to under the influence driving, has caused the justice system to enact harsh and restrictive penalties for people who drink and drive. In fact, in 2008, all 50 States, the District of Columbia, and Puerto Rico created laws to establish a threshold, making it illegal to drive with a blood alcohol concentration (BAC) level of .08 or higher.
This means it is now a criminal offense to operate a motor vehicle if a person’s BAC reaches or exceeds .08 percent. This is considered Operating under the Influence (OUI) or driving under the influence (DUI), otherwise known as drunk driving. But blood alcohol content may not be the only thing used to determine a DUI. If you fail a field sobriety test, drive erratically, or otherwise show signs of being impaired, you may also be charged with DUI/OUI.
Persons who are suspected of DUI/OUI are detained by police officers and are required to show their driver’s license and insurance. They are asked where they are going or coming from, and may also be asked if they have consumed alcohol, and if so, in what quantities. In many cases the officer may also ask the driver to submit to a field sobriety test.
Standard field sobriety tests include a Horizontal Gaze Nystagmus test (HGN), where the officer is looking for an involuntary jerking of the eyeball; a Walking Test, where the driver is asked to walk a straight line, heel to toe, in two directions; and a One Leg Stand Test where the driver is asked to stand on one leg for thirty seconds. Police almost always require the driver to take a preliminary breath test at the scene to determine alcohol concentration.
Officers usually decide to detain you based on the results of these tests, as well as the driving facts and the information learned from interviewing the detained person. If the person is arrested, they will be asked to submit to a breath or blood test at the jail. A refusal can be used against the person in court.
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