What is the DUI Law?
DUI, or Driving Under the Influence, has been such an alarming cause of accidents and mortalities, that every state has their own DUI Laws. Each State has certain laws under which puts people who are driving any vehicle under the influence of any alcoholic beverage, into custody, or a certain amount of punishment. It is a crime for people who have blood alcohol concentration that is at or above the prescribed level, which is 0.08%, to drive any kind of vehicle, since it may cause traffic or more serious forms of accidents. Each state has a different name for DUI, such as DWI (Driving While Intoxicated), OUI, DUII, DWAI, OUIL, or OMVI. Because of the rising and increasingly alarming number of accidents caused each day by drunk drivers and the number of underage drinking and driving, many states were motivated to pass laws that would charge felony charges and extended jail time for offenders.
What are the potential consequences of a DUI Lawsuit?
The consequences of a DUI lawsuit vary, depending on the state laws that govern the defendant. But all of them have the potential to be severe, like paying fines, losing one’s driver’s license, being detained in jail, being required ignition interlock devices, being required attendance to alcohol education programs or attendance to lectures given by MADD, SADD, or RADD, enforcement into community service or freeway clean-up, an increase in car insurance premium, or being filed with a criminal charge. These consequences give out a clear message that acts of irresponsibility, especially on the road, would not be tolerated in any way.
What are the basis of a DUI case?
In general, all states follow the same guidelines and rules concerning drunk driving. Every state focuses on four areas as a basis for prosecution in a drunk driving case: driving patterns, field sobriety tests, physical appearance, and chemical tests. Obviously, for physical appearances basis, blood-shot eyes, alcohol-reeked breath, and sluggish movements are obvious indicators of being intoxicated.
What are the indicators for driving pattern used as evidence?
Contrary to popular belief, speeding is not one of the indicators for DUI driving patterns, but it is enough reason to be stopped for speeding. The National Highway Traffic Safety Administration has identified twenty driving patterns that are usual indicators for driving under the influence: driving into opposing or crossing traffic, straddling center of lane marker, turning with a wide radius, weaving, almost colliding with an object or vehicle, drifting, breaking erratically, slow response to traffic signals, turning with a wide radius, driving with headlights off, turning abruptly or illegally, appearing to be drunk, following too closely, swerving, stopping inappropriately, speed more than 10 mph below the limit, driving on other than designated highway, stopping without cause in traffic lane, tires on center or lane marker, and accelerating or decelerating rapidly.
What are the different field sobriety tests?
These aren’t really tests, per se, but are, rather, physical agility exercises that test one’s “divided attention,” which is a critical skill in maneuvering a vehicle. There are five tests:
1.Nystagmus: The officer will hold an object 12 inches from the driver’s face, then move it side to side. The driver must follow the action with his eyes, while the officer looks out for involuntary trembling or jerking of the eyeball.
2. Walk and Turn. This is used to test whether the driver can keep his balance, follow instructions, and remain dexterous. The driver is instructed to take nine heel-to-toe steps along a line, then to turn, and then to take nine hell-to-toe steps back.
3. Standing in One Leg. This is used to test balance and attention. The driver is made to stand with the heels together, arms on the side, and then while counting out loud, he has to raise one leg at least 6 inches from the ground.
4. Finger to Nose. The driver is required to place both feet together and stand straight, and with their eyes closed, bring the index finger to their nose, when ordered by the officer.
5. The Rhomberg Balance Test. The driver is made to stand in attention, with eyes closed, and their heads tilted back for 30 seconds. The officer is gauging their ability to stand erect steadily without muscle tension.
Tougher and bigger consequences. You’d want to be protected from those people who have caused you injury because of DUI, and you’d want the team to help you get the compensation that you need to cover the injury. On the other hand, if you are the one being served with the DUI law suit, then not to worry too! The Z. team would make sure that they defend you to the utmost of their capabilities. Their deep knowledge in the DUI laws could very well be the reason for your acquittal if ever.