DUI charges are a serious offense. There's no doubt about it. Most charges stemming from driving under the influence of alcohol and/or drugs will result in a stiff fine, loss of your driver's license, and even a stint in jail. If you're arrested for DUI it's a good idea to obtain legal counsel from one or more DUI attorneys.
Driving under the influence means that while operating your vehicle you were either impaired due to the consumption of alcohol and, or in combination with, drugs. It can also mean that your Blood Alcohol Content (BAC) exceeded a .08. To convict you of a DUI charge the police officer needs only to prove one of these elements of the offense.
The first part of the offense is driving while impaired. The presumption is that you are impaired, you cannot safely drive your car. If you were unable to operate your vehicle in a safe and legal manner and it can be showed that you were impaired by either alcohol or drugs. The officer will bring into evidence your physical state, the things you said, how you were driving and the results of any Standardized Field Sobriety Tests that you performed. These tests were developed by the National Highway Safety Administration and are very effective in allowing an officer to be able to determine that you have a BAC of .10 or mroe. If the sum total of the officer's observations provide him with probable cause to believe you operated the vehicle while impaired, you'll be arrested and charged.
The second part of the offense involves your Blood Alcohol Content, or the amount of alcohol in your blood, breath, or urine. If your BAC is at or above .08, there is probable cause to believe that you've committed the DUI offense whether you or anyone else feels that you were truly impaired. The BAC is determined by a breath, blood or urine test.
There are several ways that DUI attorneys can do you a lot of good if you're charged with this offense.
A DUI lawyer speaks the language of the court. Many court terms have legal definitions that don't necessarily coincide with the common usage of the word. The court room may lead you into a confusing jungle of terminology that prevents you from making your best defense.
DUI attorneys are also knowledgeable concerning DUI laws, case law, and various types of defenses. Laymen typically don't do well in the criminal justice system because of a lack of this specialized knowledge.
DUI attorneys are also experienced in applying the law. There are many ways to defend against the charge but the defense must be crafted not only with a logical argument or series of arguments but also within the context of proper courtroom procedure. The prosecutor must prove beyond a reasonable doubt that you were operating a vehicle while under the influence of alcohol and/or drugs. DUI attorneys can win a case by creating enough doubt in the minds of the judge or the jury that the legal standard of beyond a reasonable doubt can't be met. Chances are, you can't accomplish this without the assistance of a DUI attorney.
The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
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