Whether or not you are cited for driving under the influence is essentially determined by two basic principles in DUI laws: To begin, a police officer must have reasonable grounds to stop and question you. Second, if your blood alcohol level is 0.08 in any of the fifty United States, you are considered legally intoxicated. Feel free to visit their website at Lawyers for more details.
While swerving and driving erratically do not always constitute violations of the law, they often provide officers with reasonable grounds to stop you. The police are more likely to pull you over if they receive anonymous reports that you are driving under the influence. If a police officer senses even the tiniest hint of alcohol when questioning you, the interview can be extended to include field sobriety checking and chemical testing. Most law enforcement departments use “breathalyser” tests, which are legally admissible when administered correctly by police officers. If you are arrested for drunk driving, you have the option of requesting a blood test instead of a breathalyser, but many states require you to forfeit your driver’s licence or deny tests altogether if you seek a special test.
Your weight, metabolism, and rate of intake all influence the amount of alcohol in your bloodstream. Most people can stay under the legal limit by drinking one drink every hour, and blood alcohol calculators are readily available on the internet. A beer, a glass of wine, or a regular shot of “strong” liquor counts as one drink; the type of alcohol has no bearing on the blood alcohol content.
You can trace the outlines of a good legal defence if you closely observe the provisions of the DUI rules. Since a conviction for driving under the influence has such significant repercussions, you should retain competent, aggressive legal counsel to represent you in a DUI proceeding; however, you should also consider how the DUI laws can work in your favour so that you can fully engage in your own defence.
First and foremost, the arresting officer must have reasonable grounds to stop you. Tips from an anonymous source In the absence of convincing evidence that your driving abilities are impaired, the case will be dismissed by the court. Minor driving accidents, on the other hand, do not constitute probable cause for a stop because they threaten no one and do not, in and of themselves, constitute moving offences. The same guidelines apply to field sobriety tests: if you gave no clear sign that you had been drinking or were under the influence of alcohol during the officer’s questioning, the officer had no justification to perform field sobriety testing. If the officer may not have stopped you or did not have reasonable grounds to test you, the court must dismiss the argument under the DUI rules.