Headlines blare with famous DUI arrests anywhere from the rich and famous to those appointed to lead our country. One reporter from the American Statesman News in Texas reported the curious situation of politicians being pulled over and refusing sobriety tests. He writes that in 2009, 50% of the public refused to take sobriety tests given by the police, though the rate of refusals among politicians in Texas range close to a rate of 100%. Yet, there is a common misconception as to what a DUI (driving under the influence) really is. Many believe, because of the publicity of stagnant headlines, that DUIs are merely driving under the influence of alcohol; actually, DUI substances are not limited to alcohol.
The California Vehicle Code §235152(a) states that anyone who has alcohol or drugs in their system while driving is in breach of the law. Breaking the law means being under the influence of one or both of these substances. Consequently, in California, there is a need to supply the evidence that the driver was affected by the drug before a DUI conviction can be given. Police officers deem if a driver is in need of a DUI test which can be administered using a blood, urine, or chemical method and there is a tacit consent to this if driving in California. Also, those who are using marijuana for medical usage will be given a DUI if operating a motor vehicle.
The alcoholic consumption limit while operating a vehicle is 0.08% and is also contingent on an individual's weight. Alcohol is measured by grams per millimeters of blood grams or it is measured by 210 liters of breath. Texas's DUI percentage limit, like California's is a 0.08%. A first offense conviction in Florida is not less than $500 or more than $1,000 dollars. There is also a necessary 50 hours of community service that must be served. A second conviction in the state of Florida has a penalty of $1,000 dollars to $2,000, while a third conviction fine is $2,000 to $5,000 dollars; a fourth conviction is no less than $2,000 dollars.
In 2004, 29% of fatal accidents were from the ages of 16 to 20, meaning minors who are not legally allowed to drink accounted for a little less than a third of the nation's alcohol related deaths. Recently in Iowa, a man was charged with supplying alcohol to a 17 year old girl who was the driver in her own fatal car accident. When police took her BAC, she was almost three times over the legal limit. The 26-year-old responsible with supplying alcohol to her was convicted; as of November 4, 2011 he can face the criminal charges including the possibility of spending a year in jail.
The NHTSA shows that in 2009 statistics show that people were four times more likely to die at night in alcoholic accidents than they were in the day time. Also, the NHTSA showed that in 2009, 31% of people died on the weekend due to alcoholic accidents rather than the 16% who died during a week. In response to the statistical evidence, in California and throughout the nation there are checkpoints meant to check sobriety or drug use.
If you have recently been arrested for a DUI-related offense, no matter whether it occurred during a field sobriety checkpoint or during a routine traffic stop, it is in your best interests to get the involvement of a knowledgeable criminal lawyer. Although many people assume that an arrest of this nature is indefensible, there are many defense strategies that can be utilized on your behalf.
