The law is cracking down on DWI and OUI offense, as well as drug related offenses. Not long ago, DWI or driving while intoxicated and public drunkenness was the two major traffic laws that involved arrests. Currently, the law has expanded the laws to encompass the operation of a vehicle while under the influence of alcohol or drugs. There are three types of laws that define these traffic laws.
- DWI (Driving while intoxicated)
- DUI (Driving under the influence)
- OUI (Operating a motor vehicle under the influence):
In most jurisdictions, the law separates DUI to two major categories. DUI may be considered driving under the influence of drugs or alcohol. The second type of DUI may be considered if a person is driving while under the influence with a blood alcohol concentration as described by the statue to be above that specified level specifies that.
If you are charged with the second offense, the law does not consider if your driving is impaired due to the consumption of alcohol or drugs. Instead, the judge will consider the degree of blood alcohol concentration, and if it goes above the stipulated statues required level. In other word, if the law states that you cannot drive while under the influence of alcohol at 0.9 levels, and you took a breathalyzer that read 1.0, thus by law you can be charged with DUI.
Some states use the DUBAL statues, which means that you can be arrested for driving a motor vehicle with a “Unlawful blood alcohol level.” Most states set the DUBAL laws to 0.10 percent. Other states set the alcohol limit to 0.8 percent based on the alcohol substance of blood by volume. Law enforcement uses a variety of test fields to determine if the driver has been under the influence of alcohol or drugs.
Some jurisdictions use BALT (Blood alcohol level tests). These tests help them presume if the driver has been driving while under the influence of alcohol. The test results are admitted into the court documents, which helps the judge to decide on the offense, and what effects the alcohol count had on the defendant.
In some cases, the test results are irrefutable in the courtroom. In this case, the defendant without a good DWI attorney does not stand a chance of winning the case. Evidence is powerful in any courtroom when it is presented in writing, or from test results. Thus, having the best DWI attorney on your side is always in your best interest.
The law can arrest you in most states if you have been driving and drinking while under the influence of alcohol or drugs. OUI offenses are commonly known as operating under the influence of alcohol or drugs, and carries lighter sentences. The defendant often has to pay court fines, and stay in jail upon his or her arrest until someone bails them out. If there have been three OUI offenses, the law consider this in most states a habitual crime, which may carry a heavier sentence, including prison time. Get legal help from a qualified DWI attorney now.