What Is A DUI?

All across America, it is against the law to drive or operate a vehicle while a person is impaired from the effects of alcohol or drugs. The offense DUI means driving under the influence. Other similar crimes include DWI – driving while intoxicated, OUI – operating under the influence, and OMVI - operating a motor vehicle intoxicated. A DUI Attorney will help you fight the DUI case when you are in such a situation where they are needed.

 The law specifically states all motor vehicles including cars, trucks, motorcycles, and commercial vehicles.

 A DUI charge can be given to any driver operating any kind of vehicle on the road that is impaired by the effects of drugs or alcohol including over the counter medications.

 A DWI charge can be given to any driver operating any kind of vehicle on the road that has a blood alcohol level that is higher than allowed by state laws.

 When a police officer pulls a vehicle over and believe that the driver may be suffering from the effects of alcohols or drugs, he/she will conduct a “field sobriety” test on the driver of the vehicle. The officer should ask that the driver consent to the test prior to giving the sobriety test. A sobriety test can include various actions such as walking a straight line, standing heel to toe, recite the alphabet backwards, and touching your nose. In some states, a breathalyzer may also be used at the time or at a hospital where a blood or urine test may also be performed to learn the blood alcohol level.

 If a driver refuses to take any of the tests, he/she can lose their drivers license along with receiving other penalties deemed by the court.

 All states now carry zero tolerance laws for those under the age of 21 driving while intoxicated. For those under the age of 21 any trace of alcohol in their blood would be deemed a DUI.

 Refusing to take the field sobriety test will not stop you from being arrested and charged with a DUI if your actions seem to prove you are under the effects of drugs or alcohol such as swerving.

 DUI laws differ from state to state. If you have been charged with a DUI, you should talk with a Criminal Attorney and learn your rights as well as have representation in court.