A Definitive Guide to DUI Charges by Attorney Kia Champion

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Driving under the influence of alcohol or other substances that can intoxicate a person is a criminal offence in different states. However, according to statistics, most persons drive drunk at least 80 times before they get caught for a DUI. Regardless how many times this happens, always remember that you’re entitled to a DUI defence attorney to help you reduce your sentence.

 

What is  DUI  Charge?

DUI Charges is an offence wherein a person who is drunk or intoxicated drives. The public must known that being intoxicated with illegal substance other than alcohol is also considered as DUI. The charges are applicable to drivers of cars, golf carts, and other vehicles which are not designed for public highways.

 

Charges aren’t made immediately. The law enforcer officer must first test the driver’s urine, blood, or breath for alcohol or other chemicals. If you refuse to do the test, then this will rise suspicion to the officer. Remember that you have given a voluntary or implied consent to the law to test you for chemicals while driving, through the law enforcement officer. Inability to adhere to this can result to forfeit of your driving privileges.

 

Types of DUI

 

There are different DUI charges that a person can be held liable. Here are the types the everyone should know about:

  • Aggravated DUI – a person is charged with this if the person is breaking the law with more than just a DUI.

  • Felony DUI – a person is charged with this if he or she is driving under the influence with a revoked license or with children as passengers.

  • Commercial DUI regulations – this means a person is charged with DUI while also being on the job.

  • Drunk Biking – this is charged to a person DUI while driving other vehicles, such as a bicycle.

 

Evidences in the Charge

As stated, the evidences can be acquired by a law enforcement officer. The test is mandatory. If the results of the test shows that blood-alcohol concentration (BAC) is above the allowable level, then that can be used against you. Aside from this, guide to DUI charges suggest that the following can also be used as evidences to build the charge.

 

  • Testimony

Testimonies given by witnesses can be used as evidence against you. Your driving conduct, physical appearance, and the result of your sobriety test are also viable evidences.

  • Driver’s appearance

Your physical appearance during the incident can also be used as a determinant of the DUI charge. For example, your breath smells like alcohol, your eyes are reddish or glassy, or your face is flushed can be used for against you.

  • Tapes

Tapes or videos by other witnesses or CCTV where the circumstances occurred can also be used as physical evidences against you.

  • Age and BAC Level

 

Blood alcohol concentration is an evidence along with the age of the driver. In California law, those who are 21 years old, driving, and has a BAC OF .01 or higher cannot drive. Those who are 18 years old must not have any amount of alcohol or illegal substances in their system. Also, if a person is under probation because of a DUI, then that person cannot drive with any amount of alcohol in his or her system.

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