The Dire Consequences Of A DUI Charge

By: Nick Messe | Posted: 03rd December 2009

Every good criminal lawyer and every good DUI attorney will tell you that the crime is not called driving while drunk. It is called driving while under the influence. These are two very different things. You don't have to be drunk to be charged with driving under the influence. The key factors in a DUI case are the blood alcohol level reading and the level of driving impairment for the driver.

Driving in an impaired manner, such as weaving from lane to lane, running stop signs or stop lights, or any other traffic infraction, will give law enforcement probable cause to make a traffic stop. Right there at the side of the road they will question the driver and administer tests to determine whether the person is under the influence. While the laws vary from state to state, many state laws say that a driver is under the influence if the blood alcohol level is .08 or greater. Many folks don't realize that it doesn't take a lot of drinks to reach that point.

If stopped for a DUI, state laws require that the driver submit to a blood alcohol test. The choice is usually among a blood test, breath test, or urine test. Refusal to consent to such a test is, in most states, grounds for automatic suspension of driving privileges for a period of time. Field sobriety tests such as walking the line which demonstrates coordination and balance, are also administered.

Do not be tempted to make any statements to the police. Just like they say on police TV shows, anything you say can and will be used against you. If, during the traffic stop, law enforcement determines that you are driving under the influence, normally your vehicle is impounded and your driver's license will be taken. Impound charges for storing that car can be very costly.

However, what is even more costly are the consequences of driving under the influence. Do not go to court without an attorney who is experienced in DUI cases. This is especially the case in the court where your case will be held. Judges can vary widely in their approaches to these kinds of cases. So if you a first time offender it is especially important to hire counsel who is familiar with that particular court.

Never, ever go to trial representing yourself. That is the surest and fastest way to an unpleasant result that you will regret. Although the prosecution must prove the charges beyond a reasonable doubt, if the blood alcohol results meet the state minimum, that fact alone is usually sufficient for conviction. It is far better to hire someone who has seen it all and heard it all. With all sorts of knowledge at their fingertips, your attorney will be able to use every shred of experience to your advantage.
Martin and Kent are tough, experienced Dupage criminal attorneys. As former Felony Prosecutors they are committed to winning your case. - http://www.martinandkent.com
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Tags: stop signs, dui cases, field sobriety tests, breath test, driving under the influence, urine test, two very different things, criminal lawyer, blood alcohol level, probable cause, dui attorney, driving privileges, dui case