A DUI is a criminal charge that stands for “driving under the influence,” which occurs when a motorist operates a vehicle under the influence of alcohol or drugs. Driving under the influence is extremely risky – each day, 37 people are killed due to a drunk driver. It is a serious charge that can dramatically impact your life.
Various Tests are Used By Law Enforcement to Determine a DUI
After a motorist is stopped on suspicion of a DUI, a police officer will need probable cause to arrest someone on a DUI charge. A police officer will perform several sobriety field tests on the suspected individual to determine if they are impaired. Failure of these field sobriety tests can meet the probable cause element.
Field sobriety tests are used to see if a person has decreased functioning due to intoxication. A person under the influence may exhibit impaired muscle coordination, lack of concentration, trouble talking, or trouble walking. They can also have slurred speech, dilated pupils, and trouble thinking or remembering. Common field sobriety tests include:
- The Horizontal Gaze Nystagmus Test- The suspected impaired individual is asked to follow an object with their eyes
- The Walk and Turn Test- a test in which a suspected individual is asked to follow an officer’s directions by walking heel-to-toe
- The One Leg Stand Test- a test checking a person’s ability to balance
A Person’s BAC Level is The Best Determinant of a DUI
The most accurate way to determine if a driver is drunk is to measure their blood alcohol concentration or BAC level. For this determination, a law enforcement officer will measure how much alcohol content a person has in their body using a breathalyzer test or a blood or urine sample. In 49 states, a person is legally drunk if their BAC level is .08 or higher. Utah is the only state where the legal BAC limit is .05.
DUIs Can Happen From Substances Other Than Alcohol
While most people hear the phrase “DUI” and think of a person driving drunk, they can be charged with a DUI even if no alcohol is in their system. This is because someone can be driving under the influence of other substances. A person can get a DUI from consuming illegal drugs or prescription and over-the-counter drugs. This is because some drugs can alter a person’s ability to drive safely. As such, always consider the possible side effects of the medicines and supplements you take before getting behind the wheel. They might make you drowsy, dizzy or affect your vision. Additionally, always check any warning labels before consuming prescription drugs.
A DUI Can Seriously Impact Your Life
A DUI conviction can cause a lot of trouble for your life and future. A top DUI attorney in Orlando states that in Florida, a first-time DUI is prosecuted as a misdemeanor. Still, there are minimum mandatory sanctions, which include up to six months in jail and a minimum of six months of driver’s license revocation. A repeat DUI offense can be treated as a felony and has even harsher punishments. A DUI conviction will be on your criminal record for the rest of your life. This can seriously derail future employment prospects, as many jobs will do a criminal background check before hiring someone. If you or a loved one is facing a DUI charge, contact a DUI Attorney as soon as possible.
