The legal limit of your Blood Alcohol Concentration(BAC) is below .08. This means that if your BAC is .08 or higher, you can be arrested for a DUI. When pulled over, a police officer will ask the driver to take a field sobriety if he suspects you are driving under the influence of alcohol. There are three field sobriety tests – walk and turn, a one legged stand and an eye test called Horizontal Gaze Nystagmus. If the officer thinks that you’ve failed the field sobriety test, he can request that you take a portable breathalyzer test. A person is not required to take this and the results are not admissible in court, however you still can be placed under arrest. After you’ve been placed under arrest and are taken to the police station, you are required to take the breathalyzer in the station or face the suspension of your license. If you blow .08 or higher, you will be charged with a DUI.
DUI with Drugs (Marijuana and other drugs)
A person will be charged with Driving Under the Influence of Drugs (DUI – Drugs) when they are found to have any trace of cannabis(marijuana) or other drugs in their blood. Also, a person found driving under the influence of a prescription drug can also be charged with a DUI. An officer will conduct a field sobriety test and if the person fails this, the officer will arrest the driver and take them in for a blood test.
The consequences of a DUI conviction can be up to a year in jail, a fine of up to $2,500, suspension of license for a minimum for one year, increase in insurance premiums. It is important to consult an attorney to discuss different defense strategies of your DUI charge.
Strategies to Defending a DUI
- The first strategy is to challenge the reason behind the initial stop by the police officer. Often police pull over cars for ambiguous reasons that can be challenged in court. If there is an improper stop by the police, the DUI charge has the potential to be thrown out.
- The second strategy is challenging the grounds of conducting field sobriety tests or asking drivers to take a breathalyzer, blood or urine test or as a result of poor performance on the field sobriety test. The key is that if there is a video in the police car, the video potentially can be a benefit to the defendant.
- The third strategy is to hire an expert to challenge the accuracy of the breathalyzer or blood/urine test.
- If you did not take the breathalyzer, the prosecution needs proof beyond a reasonable doubt that you were driving under the influence. Without a breathalyzer test results, this can be challenging for the prosecution.