A Lawyer In A Case Of Dui
DUI - driving under the influence of alcohol is a violation that will result to two case proceedings against you
. When arrested for this breach of law, you can be subjected to criminal proceedings as well as civil proceedings.
In order to be arrested for this DUI offense, you will be submitted to a breath, urine or blood test. The ceiling for a blood/breath alcohol content to be guilty of this offense is .08%. If you are found to have this amount or higher in your blood, you violate the law. Refusal to be submitted to this test is tantamount to having alcohol in the body equal to higher that .08%.
The two cases a DUI violator faces are criminal and civil cases. The criminal case will be under the jurisdiction of the court while the civil case will be handled by the Department of Motor Vehicles (MVD). These two will be handled separately, independent from each other and whatever the outcome of the case in one case will not affect the other case.
The arrest
When you are caught for DUI, the police officer will issue you a notice of suspension. Initial penalties for this infraction can vary for different states. When your blood/breath test reveals a .08% alcohol level, the police officer will issue a 90-day suspension of driver's license. When you refuse to take the breath/blood test, the suspension of your driver's license is 90 days.
The criminal proceeding
Your arrest for DUI is the beginning of a criminal case. When convicted, your penalties can be mandatory jail time, fines and fees. Worst of all, you have criminal records.
The civil proceeding
This case will be heard before the administrative hearing officer of the Motor Vehicle Department. The punishment is confiscation of the driver's license which will totally ban you from driving.
The penalties for DUI vary - depending on the level of blood alcohol content (BAC) found in the blood/breath test. The higher the BAC, the more severe the penalties are. If you have previous misdemeanor, your penalty for the next offense will be correspondingly increased. You must endeavor not be accused of DUI felony case because penalty his too severe. A felony DUI is charged against you when found driving with license that is suspended, revoked, refused or with several restrictions.
Driving Under the Influence Of Alcohol is one violation that is often taken for granted. Some would think of it as a minor offense but any case of DUI charged against you will still require you to consult a lawyer.
by: alona Rudnitsky
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