The Basics of DUI Arrest
One of the most common crimes committed is DUI, more popularly known as driving under the influence of alcohol. The influence involved can also be due to drugs or a combination of alcohol and drugs. The definition of influence differs for each state. In other countries, DUI may also be called driving while intoxicated (DWI), operating under the influence (OUI), operating a motor vehicle intoxicated (OMVI), or simply, impaired driving. These offenses are made official if the driver is found to be weakened by alcohol, illegal drugs, and even prescribed over-the-counter medications.
Testing you for impaired driving
The amount of influence is measured through your blood alcohol concentration (BAC). This may be measured through your breath, urine, blood, or saliva, but the quicker way of determining your BAC is through a breath test using a breathalyzer. This is usually the form of evidence used for DUI cases. The limit for a BAC level is .08. If your level is at .08 or above, then you are considered intoxicated.
When someone is suspected of DUI, the police officer conducts a field sobriety test on the driver. The field sobriety tests usually entail the driver doing physical tasks that the officer can use to assess if the person's physical or cognitive abilities have been impaired. Such tasks include walking a straight line, reciting the alphabet backwards, and the officer doing an eye and penlight test (or the horizontal gaze nystagmus). The officer may also ask the driver's consent in performing a chemical intoxication test after.
Drivers caught under the influence of alcohol or other substance while driving will be penalized when above the BAC limit. The smallest trace of alcohol like .01 or .02 can get you into trouble if you are under 21.
DUI penalties
Being convicted of DUI has a number of penalties. These include jail time, probation, fines, and community service. The gravity of the penalty depends on the offense's circumstances. Such circumstances include a history of DUI violations, operating a commercial vehicle, DUI with a child, DUI coupled with reckless driving, damaged property or injured person, and driving under legal age while under an influence.
DUI By State
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