Car Accident Lawyer
To be arrested for a DUI can be extremely stressful. This is a serious charge and it’s important that you understand how drunk or high you have to be in order for a conviction. Here is what you need to know.
What Is the Legal Limit?
There are two DUI charges to be aware of when it comes to charges. There is a per se charge, where the prosecutor bases it on the amount of drugs or alcohol in your system and an impairment charge that is based on how the drugs or alcohol impacted you. Now, when it comes to alcohol, the limit is a blood alcohol concentration of .08 percent.
Some states have the same laws for drugs, but each state varies and it depends on the drug in your system. For instance, some states may charge for a certain milligram amount of cocaine or other drug in your system at the time of your arrest.
Impairment DUI charges are based solely on how you were affected. Some states will use the phrase substantial impaired. This means that you were impaired when the cop pulled you over.
How to Determine Drug or Alcohol Use
A cop determines if you are under the influence in three different ways. They use their own observations, sobriety tests and chemical testing. Observations are simple to classify. This is not only how you’re behaving to driving when the officer pulls you over, but what the officer can observe about your person. For instance, if you smell like alcohol, if you have bloodshot eyes, the officer may determine you are under the influence.
In sobriety tests, the officer usually asks the driver to step out of the car. These tests may include a one-leg stand, a walk and turn or other tasks that prove whether a person is intoxicated. If you perform poorly, this might motivate the officer to make an arrest.
Breathalyzer tests often occur in the field. These tests may be optional. However, in some states, if you refuse a breathalyzer, the penalty may be higher. There are preliminary alcohol screen devices that are used in the field and evidential breath tests that are taken at the station.
If you were pulled over for a DUI, there are a lot of different factors that go into your arrest. Each state has its own laws on DUI and DWI charges. Consult with a DWI lawyer in Fairfax, VA today about your options and what to do after an arrest.
Thanks to May Law, LLP for their insight into criminal law and what your blood levels have to be for a DUI conviction.