Driving Under the Influence & Refusals
Did you know that you can be charged and convicted of a DUI when your blood/breath alcohol content is under .08% or if you refuse a test? Did you know if you are arrested for DUI, you only have 30 days to appeal your administrative license suspension before your license is suspended for a year? Driving Under the Influence is one of the most common, but serious offense a person can find themselves facing. It is also arguably the most heavily litigated charge due to the complex nature and changing laws.
Per Se & Less Safe
DUI is broken up into two big groups: Per Se - if you're above a 0.08% blood alcohol content and Less Safe - if your driving due to alcohol makes you less safe.
Blood alcohol content is based on several factors like how many drinks, how fast, age, sex, weight, tolerance, and if you've eaten a meal. If those factors result in your BAC being above a 0.08% or more, you can be convicted of a DUI regardless of how you are driving and how you behave when pulled over. However, many factors determine whether or not those results come in and an experienced attorney can fight to keep them out.
However, even if your BAC is under 0.08% or unavailable due to refusal, you can be charged and convicted if a court determines you are less safe to drive. This is commonly shown by using a dashcam to capture a driver's behavior prior to being pulled over - failure to maintain lane, rolling stops, crossing into traffic can all show impairment without an exact measurement of BAC. These are heavily litigated cases as it will be up to the jury if the State can show that alcohol made this person a less safe driver.
Contact Ian Whittle for a free consultation on a DUI to go over these scenarios and numerous others.
Refusal of Blood or Breath
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