Being charged with drunk driving is a serious criminal offence across the country. A driver arrested for drunk driving is charged with either a DUI or DWI offense. DUI or Driving Under the Influence is charged when the BAC or Blood Alcohol Concentration of the driver is determined to be .08 or higher. A DWI, Driving While Impaired, is charged if the BAC reads anything up to a .07%. A drunk driving arrest produces two cases, one is an Administrative drivers license action, that may result in a loss of driving privileges, and another case determines penalties and punishments should a driver be convicted of the charges. The complex and serious nature of the law and the consequences of a conviction dictates the hiring of an experienced and competent attorney to protect your legal rights.
A conviction for DUI or DWI may result in the following:
- Loss of License
- Jail Time
- Large Fines
- Points Against Your License
- Increased Insurance Rates
Following an arrest for either DUI or DWI, a hearing before the Office of Administrative Hearings must be requested within ten days. Failure to request this hearing on time results in an automatic license suspension. Conviction for a charge of DUI may result in, up to a year in jail, up to $1,000 fine and 12 points on your license. Although a charge of DWI is not as severe as DUI, a conviction for this offense still may result in up to 60 days in jail, up to $500 fine and 8 points on your license. Evidence gathered when a driver is suspected of drunk driving may include breathalyzer readings, field sobriety tests and urinalysis or blood test results. The administration of these tests must be performed under the guide lines prescribed in the law. Shortly following an arrest you have the right to speak with an attorney. It is essential that a person who finds himself in such a position utilizes this right in order to protect himself from the possible repercussions that a conviction for these offences can carry.
The police work to protect the safety of the general public and dealing with drunk driving is a major issue in the country as a whole. Most people are not aware of the complex laws that exist to handle this public safety issue. In addition most people are not aware of their legal rights when faced with a possible DUI charge. A preliminary breath test given to assess a driver's sobriety differs from a formal breath test given once a driver is arrested. This is only one of the complex legal issues that a competent attorney will address in this stressful situation. A conviction for drunk driving is life altering; therefore it is crucial for a successful outcome that a total understanding of the complicated laws be understood.
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