Don’t Walk Into A DUI Trial Ill-Equipped To Preserve Your Rights As A Citizen
To the 30 percent or so of Americans who don’t imbibe, driving under the influence trials may seem like an obvious verdict each time – guilty as charged.
There’s no debate that a drunk person behind the wheel is a threat to public safety as well as private and public property. Whether or not an individual drives while impaired, misuse of alcohol can cause many complex problems that tear families apart and destroy lives.
Perhaps the majority of Americans who do consume alcohol are less sure that any alcohol consumption at all is justification for arresting the driver. Some physicians say that moderate consumption of red wine can be a positive force in staving off heart disease.
For many, moderate alcohol use is a means to decompress at the end of a work day. The country’s DUI laws suggest that drinking and driving is legal, until you reach a given level of intoxication, which then makes it illegal.
If it were the decision of the doctors, a blood alcohol level of .15 or above would show that a driver is intoxicated. Contrary to the doctors’ suggestions, the law says a .08 blood alcohol level or above means intoxication.
Thanks to the powerful Mothers Against Drunk Driving political lobby, the standard by which drivers are considered intoxicated has been decreased from .15 to .08. The original language of operating a vehicle while intoxicated has been revised to “driving under the influence”.
As many as one-fifth of those who were stopped for DUI registered a lower-than-criminal level of intoxication, but were taken into custody nevertheless, one study indicates. Breathalyzer tests can provide false positives if the subject being tested has leftover alcohol in his mouth, according to one study.
You’ll be hit with some exceedingly stiff penalties as well as public disgrace if you are arrested and found guilty of driving under the influence. Auto insurance rates for those who are written up on a DUI charge increase dramatically, and total costs including fines and legal fees can be in excess of $15,000.
As a Santa Ana DUI attorney will explain, police should wait at least 20 minutes before properly administering a breathalyzer, but seldom do. Breathalyzer testing is often used arbitrarily and without following guidelines that would help ensure reliable results.
If you admit that you’ve taken a drink, any patrolman will almost certainly give you a breathalyzer test, whether or not you seem to be intoxicated. An Anaheim DUI attorney would detail to you that police should concentrate on more unimpeachable signs of intoxication, such as erratic driving, before giving the test.
A knowledgeable DUI attorney can be critical in saving you from the extreme penalties and public disgrace you’re apt to face.
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