Penalties and Defenses for Drunk Driving Offense
By: princy | Posted: 08th April 2015
Recently, law enforcement is cracking down on motor vehicle drivers who are suspected of driving under the influence of Alcohol or Drugs and also who do not pass their roadside test routinely. A field sobriety test or failed breath test constitutes serious evidence against the driver. In most of the jurisdictions, a measurement for Blood Alcohol Content (BAC) is taken when anyone is being arrested or charged for drunk under the influence of alcohol in excess. There is specific threshold level calculated for this criminal offence such as 0.05% or 0.08%defines intoxication. In most of the countries, if anyone who is caught or convicted for injuring or killing someone under the influence of drunk driving, those people are heavily fined and also put to sentence to death. Many countries feel that sentencing to death law enforces strict practice for not committing this mistake again. But for drunk driving under the influence of alcohol will require and receive a minimum sentence which is mandatory.
With the advent of a scientific test taken for Blood Alcohol Content (BAC), Law enforcement charges for the offense to strict liability based on driving while having more than a prescribed amount of blood alcohol. Using the Blood Alcohol Concentration Chart this simple test is conducted and measured in percentage of how much alcohol is been consumed. There are three categories for finding out the BAC. They are:
WHITE: .01% to .04%
GRAY: .05% to .07%
BLACK: .08% and up
Penalties for Drunken Driving Offense:
The penalties and punishments may vary from state to state. All drunken driving offenses have maximum of jail sentence. But, for the first offenders it is only lesser punishments like Fines, driving license being cancelled, Mandatory attendance of AA meetings and driver’s education classes etc. After this an “ignition interlock” device will be installed in the vehicle for the driver requires passing a Breath Test in order to start ignition. This is only for the first time offenders. If they have been found again for a drunken driving offense, the result is DUI conviction. For this Omaha state will impose higher sentences on the particular person. Habitual drinkers face more problems and severe action imposed on them.
The real possibilities for drunken driving is causing accidents or killing someone. If the accident offense causes a serious body injury or fatal, then the punishment would be a long term prison or even sentence to death. If the driver injures or kills a person, punishment is mandatory and the family members of the dead person have the rights to sue the driver completely. In Omaha, any driver with BAC, above .08 percent is measured “per se intoxicated” under the law. Because of this, it could be in your best to hire a DUI or DWI attorney’s to help. There are many technical defenses available, where an attorney can assist you either in negotiating the charge filed or the reducing the consequences of the charge.
Common Defenses Rose against Drunken Driving Charges:
There are several common defenses which includes the following:
• Incorrect Test Results: An attorney may argue on the charges filed against the drivers that the BAC test figures are incorrect and inadmissible. He argues as the police administration failed to provide the BAC reports properly or the testing device was not properly maintained by them.
• Lack of Probable Cause: An attorney may argue on number of grounds for this particular case on the basis of the BAC test has not conducted, which resulted in illegal arrest.
• Somebody Else Was Driving: An attorney may argue that somebody else was driving the motor vehicle instead the driver who is been charged for the offense. But this very difficult defense to be raised because the Public prosecution will be very on these grounds.
• Rising BAC: An attorney may argue that the driver just consumed the alcohol or drug right before he drove the motor vehicle and that the alcohol contents has not been absorbed completely into the blood but the police has been charged case against the driver. He may also argue as Depending upon the consumption only the alcohol absorption happens but the police performed only “preliminary breath test” and an offense has been charged.
The Bottom line of this story is if you’re arrested for DUI or DWI cases hire the best OMAHA DUI attorney’s in your state so that the outcome of the case filed on you may not be very severe.
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