It would be best if you remembered that driving under the influence is a severe offense that can lead to license suspension, hefty fines, and even jail time in some cases.
Since the charges vary from state to state, it is vital to get familiar with unique DUI regulations within your state, especially if you have already received a charge. The best way to find someone to protect in case you received a DUI charge is by clicking here for additional information.
That is why you should learn about different types of DUI, which will help you determine the best course of action.
Driving Under the Influence
You should know that driving under the influence is one of the most common options when drunk and sitting in your car. Each state comes with this law or a variation such as DWI, driving while intoxicated, or operating under the influence. These regulations refer to operating a vehicle or driving while impaired by drugs or alcohol.
As soon as they catch you DUI, it does not matter your blood alcohol content or if the intoxicating substance is legal. Since you are controlling the vehicle and drugs, alcohol, or both affect your ability to think. You will get the charge.
It is vital to remember that this offense also covers other vehicles, meaning it extends to drunk motorcycling, biking, boating, and many more. Everything depends on your state, but some bicycles are vehicles while others are not. Still, it would be best to consider the regulations before choosing to do anything.
Since the DUI charge depends on a law enforcement officer or individual who perceived you as a person in an intoxicated state, the circumstances can vary depending on numerous factors. Remember that everyone handles intoxication differently. You can feel impaired and lose reaction time even if you have a legal blood alcohol content level.
On the other hand, you can be way over the legal limit and appear as a sober person. Therefore, prosecutors and police officers must make judgment calls on your impairment levels. It means you can argue that you were not driving under the influence even if you had a higher limit of blood alcohol content than allowed.
Driving With Blood Alcohol Content Above the Limit
Another effective way to determine whether someone is driving under the influence is to check out the blood alcohol content. Every single state considers a driver intoxicated if the blood alcohol content is higher than .08%. As a result, an officer can perform a breathalyzer test to determine the levels.
Juries will find you guilty of DUI based on the BAC or blood alcohol content level. This is more important factor than the impairment level, which is vital to remember. It means that you can drive responsibly and safely while still getting the DUI charge due to high blood alcohol content.
According to most states, having a BAC higher than .08% is legally intoxicated, but you can get a charge even when driving and functioning below the limit. Some states have stricter limits for less experienced or younger drivers, especially for minors who consume alcohol.
If you are a commercial driver, you must pass higher standards for getting a license and driving under the influence. According to the Federal Motor Carrier Safety Administration, the BAC limit is .04%, which is essential to remember. At the same time, commercial drivers should avoid operating vehicles within a few hours after consumption.
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Different Offence Levels
You should know that everything depends on the specific context, but DUI charges can come with serious repercussions. Still, the procedure depends on past records, state laws, and whether you have broken additional rules throughout the process.
- First Offense – Most charges are less severe for people with a first offense, which is vital. Law considers it a misdemeanor. They could lead to fines, jail, alcohol education programs, and other penalties. Since they are misdemeanors, you are less likely to lose certain rights, such as pursuing specific careers, serving on a jury, and voting. However, it will affect your future because it will remain on your record for years afterward.
- Second Offense – If you experience a second DUI charge in a few years, the consequences will be more severe than the first one. Of course, everything depends on state laws and circumstances. You should expect longer jail time, higher fines, and other penalties. For example, your blood alcohol content level will play a higher role in sentencing you this time.
- Felony DUI – Finally, you should know that DUI can escalate to felonies depending on circumstances. However, if it is your third offense and you are highly intoxicated, the process will become a felony. At the same time, if you are with children while intoxicated or cause injury or death to another person, you will face jail time.
