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DUI Definition

Although most drivers are well aware of the dangers of drinking and driving, thousands of individuals are arrested for driving under the influence of alcohol or drugs (DUI) each year. For those who are truly intoxicated, the arrest may come as no surprise. However, many others find themselves facing criminal DUI charges even though they were not actually impaired. The reason? Their definition of “impaired” does not match the legal DUI definition.

If you’re like most drivers, you probably think that you cannot be arrested for drinking and driving if you are not actually drunk. Unfortunately, this is not the case. In the eyes of the law, anyone operating a vehicle with a blood alcohol content (BAC) of 0.08% or higher can be arrested for DUI—regardless of his or her mental and physical abilities.

If an officer suspects you may be under the influence of alcohol, a breath, blood, or urine test may be administered to determine your BAC. If your test results show your BAC is above the legal limit, you can expect to be arrested and charged with DUI. You may also be arrested if you simply refuse to take the test.

But what if your BAC is well below the 0.8 limit? Well, if the officer pulled you over because you were driving recklessly or in a manner that indicated your abilities were impaired (such as driving on the wrong side of the road, weaving, etc.), then you can still be charged with DUI—even if you do not have an illegal BAC.

If you are arrested for DUI, it is important to know the penalties you face if you are convicted. While the exact laws vary from area to area, DUI is a serious criminal offense across the United States. As a result, regardless of where you live, you will most likely face tough sentencing guidelines, such as expensive fines, a temporary license suspension, or even jail time.

Due to the consequences associated with a DUI conviction, it is best to obtain legal representation immediately after you are arrested for drinking and driving. An experienced DUI defense attorney will be well-versed in the laws in your area, and can use this knowledge to create a strong defense strategy for your case. In many cases, the right attorney may even be able to reduce or eliminate the charges against you and help you avoid the damaging effects of a DUI conviction.

Submit a free online case evaluation form to locate a skilled attorney in your area who specializes in DUI defense.


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