In
the majority of the states, it is a serious offense for the driver to operate a
vehicle when the person’s ability is impaired by the effect of alcohol or drugs.
As per judicial system of the state, it is unlawful for a person to drive a
car, truck, commercial vehicle or any motorcycle if:
•
Ability of driver to drive an automobile safely
is impaired by effect of alcohol, illegal drugs, over-the-counter medicine like
antihistamines or prescribed medication such as painkillers.
•
The driver is intoxicated if above the DUI
standards like Blood Alcohol Concentration (BAC).
However,
DUI charges are subject to an array of complex rules and regulations, which can
prove to be quite intimidating for the common individual to decipher. DUI laws
are interpreted differently in different states, which certainly may confuse
the person, and professional assistance must be considered. Litigating the case
with specialized guidance of a skillful DUI attorney ensures proper
presentation of facts and supportive evidence, thereby leading to achieve a
successful resolution. The following here is a brief discussion on crucial facts
of a DUI lawsuit.
Drunk Driving
The Judicial
system in the majority of states describes the crime of drunk driving as
driving the vehicle on road or highway under influence of alcohol. An
individual with a BAC or Blood Alcohol Content of 0.08% or more is considered
to be driving under the influence of alcohol for which and will be charged for
a DUI crime. Even if, the individual feels that they are not impaired and was
been driving safely with a Blood Alcohol Content of 0.08% or more, they will
still be charged with a DUI.
‘Driving’ Factor of DUI Law
As
stated by the law, an individual must have to drive an automobile to get
charged of a drunk driving offense. But there are various other states where
local jurisdiction makes use of terms like ‘operating the vehicle’ or ‘being in
the position of actual physical control of an automobile. Such phrases are not
similar when interpreted and it is crucial to know how the state describes
these phrases legally. Some crucial factors related to assessment of the
driving element of DUI charges are:
•
Location of the vehicle
•
Location of the driver
•
Location of the keys of vehicle
•
Operability or functioning of the vehicle
‘Under the Influence’ Factor of Law
When
litigating a DUI case, police officers make note of two relevant types of
evidence to decide whether the individual being charged with a DUI crime was
actually under the influence or not; field sobriety tests, and blood-alcohol
evidence. Such type of evidence must be kept in mind and is investigated by a
lawyer when representing the DUI accused.
All
crucial details related to elements of a DUI crime must be evaluated and
properly assessed to ensure that the charges are resolved successfully. The DUI
attorney always makes note of these crucial details and represents clients
skillfully. For more information, pay a visit to www.duichicoattorney.com and get
informed about significant factors to consider while handling a DUI case.
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