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Learn About Georgia DUI
Wednesday, 21 July 2010 07:33 | Written by Sam J Meyers
DUI means driving under the influence of illegal substances or alcohol. It is sometimes also termed as DWI (Driving While Intoxicated) and OUI. Operating a vehicle with a .08% blood alcohol level or higher is illegal in all states in the US.
DUI means driving under the influence of drugs or alcohol. It is sometimes also called DWI and OUI. If you test at a .08% blood alcohol level or above it is used as evidence of a DUI and that is illegal in all states.
A DUI sounds pretty open and shut doesn't it...Driving Under the Influence. Pretty straightforward, right?
Let's examine this seemingly simple definition in more depth to demonstrate a few conceivable areas where an astute lawyer can attack a DUI charge.
Driving Requirement
The requirement of driving or operating implies that the operator of the vehicle must have some sort of control or command of the vehicle. Innocence or guilt may hang on whether the defendant was actually "driving" in a particular circumstance. What if she or he was just sitting behind the wheel of a car but the motor was off? What if the defendant was napping there? What if the keys were in their pants pocket and not in the ignition? What if that vehicle was out of fuel and could not be started even if he or she wanted? What if the automobile was idling and not in gear? What if it was in the process of being towed? Courts all around the nation have considered various scenarios to ascertain whether the required control over the vehicle was present and the outcomes vary by state and by the individual circumstances. Vehicle Requirement Trucks, cars and vans are quite obviously considered to be vehicles for drunk-driving law purposes. However, some have been convicted of drunk driving while operating motorboats, mopeds, dirt bikes, snowmobiles, electric wheelchairs, golf carts, bicycles and ATVs, although the types of vehicles contemplated differ state-to-state. Intoxication One way prosecutors try toprove driver intoxication is through scientific testing of the amount of alcohol in the body, usually by analyzing the blood or breath. These tests are usually administered by a machine, such as the Breathalyzer. In a state, a person with a blood-alcohol concentration (BAC) over 0.08% is considered legally intoxicated.
Implied-consent laws create the legal presumption that if one takes advantage of the privilege of driving, he or she automatically consents to a chemical testing to determine his or her blood alcohol concentration. If a driver refuses to take the test, his or her license may be revoked or suspended.
Blood alcohol content test results over the legal limit are often presumed to be proof of intoxication. However, defendants may challenge the conclusiveness of the results by showing irregularities in the test administration procedure or problems with the equipment used for testing. For example, your lawyer may request retesting of the breath samples. She may be able to obtain exclusion of the original breath sample test results from the case or even dismissal of the case.
Other types of proof that can be used by prosecuting attorneys to show intoxication include drivers' statements, police and witness observations of behavior and driving patterns of circumstantial evidence. An example of applicable circumstantial evidence is that a defendant, before driving, spent the afternoon at a party where drinking games were engaged in.
Police also gather important evidence of drunkenness by administering standard field sobriety tests (FSTs) at traffic stops. Common field sobriety tests include:
* Finger-to-nose test
* One-legged stand
* Walk-and-turn test
* Horizontal-gaze-nystagmus test
* Picking up coins
* Counting backwards
* Reciting the alphabet
* Throwing and/or catching a ball
Conclusion
Driving is the basis of the American lifestyle, permeating every activity we do. We dependon driving to get to work, to associate with friends, to run errands and to vacation. Licensed drivers commute children, people with disabilities and the elderly to important appointments and activities. A DUI conviction can bring a screeching halt to your life. If you face a potential problem with driving under the influence, a lawyer can stand up for you and help take care of your interests and those of your beloved relatives.
by SamJMeyers
DUI means driving under the influence of drugs or alcohol. It is sometimes also called DWI and OUI. If you test at a .08% blood alcohol level or above it is used as evidence of a DUI and that is illegal in all states.
A DUI sounds pretty open and shut doesn't it...Driving Under the Influence. Pretty straightforward, right?
Let's examine this seemingly simple definition in more depth to demonstrate a few conceivable areas where an astute lawyer can attack a DUI charge.
Driving Requirement
The requirement of driving or operating implies that the operator of the vehicle must have some sort of control or command of the vehicle. Innocence or guilt may hang on whether the defendant was actually "driving" in a particular circumstance. What if she or he was just sitting behind the wheel of a car but the motor was off? What if the defendant was napping there? What if the keys were in their pants pocket and not in the ignition? What if that vehicle was out of fuel and could not be started even if he or she wanted? What if the automobile was idling and not in gear? What if it was in the process of being towed? Courts all around the nation have considered various scenarios to ascertain whether the required control over the vehicle was present and the outcomes vary by state and by the individual circumstances. Vehicle Requirement Trucks, cars and vans are quite obviously considered to be vehicles for drunk-driving law purposes. However, some have been convicted of drunk driving while operating motorboats, mopeds, dirt bikes, snowmobiles, electric wheelchairs, golf carts, bicycles and ATVs, although the types of vehicles contemplated differ state-to-state. Intoxication One way prosecutors try toprove driver intoxication is through scientific testing of the amount of alcohol in the body, usually by analyzing the blood or breath. These tests are usually administered by a machine, such as the Breathalyzer. In a state, a person with a blood-alcohol concentration (BAC) over 0.08% is considered legally intoxicated.
Implied-consent laws create the legal presumption that if one takes advantage of the privilege of driving, he or she automatically consents to a chemical testing to determine his or her blood alcohol concentration. If a driver refuses to take the test, his or her license may be revoked or suspended.
Blood alcohol content test results over the legal limit are often presumed to be proof of intoxication. However, defendants may challenge the conclusiveness of the results by showing irregularities in the test administration procedure or problems with the equipment used for testing. For example, your lawyer may request retesting of the breath samples. She may be able to obtain exclusion of the original breath sample test results from the case or even dismissal of the case.
Other types of proof that can be used by prosecuting attorneys to show intoxication include drivers' statements, police and witness observations of behavior and driving patterns of circumstantial evidence. An example of applicable circumstantial evidence is that a defendant, before driving, spent the afternoon at a party where drinking games were engaged in.
Police also gather important evidence of drunkenness by administering standard field sobriety tests (FSTs) at traffic stops. Common field sobriety tests include:
* Finger-to-nose test
* One-legged stand
* Walk-and-turn test
* Horizontal-gaze-nystagmus test
* Picking up coins
* Counting backwards
* Reciting the alphabet
* Throwing and/or catching a ball
Conclusion
Driving is the basis of the American lifestyle, permeating every activity we do. We dependon driving to get to work, to associate with friends, to run errands and to vacation. Licensed drivers commute children, people with disabilities and the elderly to important appointments and activities. A DUI conviction can bring a screeching halt to your life. If you face a potential problem with driving under the influence, a lawyer can stand up for you and help take care of your interests and those of your beloved relatives.