BAC is stands for a person’s blood alcohol content. This is the amount of alcohol found in a person’s blood after consumption. Laws vary by jurisdiction, but generally, the legal limit is .08% so if a person is caught driving with a BAC level above or exceeding .08%, then he/she will be arrested and charged with driving under the influence (DUI). Some states refer to this as Driving While Intoxicated (DWI).
Yes, you can, but if you refuse and are later convicted of a DUI offense, you may be subjected to harsher penalties, depending upon your jurisdiction. Nevertheless, there are some advantages to refusing the test. For example, if you take the breathalyzer and fail, your license will be suspended and there is more conclusive evidence to use against you in court. On the other hand, if you decline, it will be harder for the prosecution to prove your BAC limit was above 0.08%.
No, they are not always accurate. In fact, many attorneys argue that the tests are not 100% accurate, are subjective and designed for failure as a defense tactic. There are numerous reasons that could explain why a person appears to be intoxicated when in fact they are just scared, sick, or disabled and sober. Additionally, breathalyzers are not fool proof for several reasons. For example, a number of factors can cause the machine to give inaccurate readings, such as machine malfunctions, radio frequency interference, or unqualified or inexperienced use of the machine.
The answer to this question is most likely. Laws vary by jurisdiction, but generally, once you are arrested for DUI your license will automatically be suspended for six months. At your administrative hearing, you will have the opportunity to challenge your driving suspension, and try to win back your driving privileges. At the hearing, testimony, facts, and evidence will be evaluated to determine whether your driving privileges should be reinstated or if your privileges shouldremain suspended.
You may be able to obtain a restricted license, which gives you permission to drive to work, school, and other necessary and important errands. However, the judge will consider the circumstances surrounding your case, whether you have had any prior DUI charges and/or convictions and possibly your community involvement. If this is your first offense, you will most likely be granted a restricted license. However, if you get caught driving outside the limitations of your restricted license, then you will face much harsher penalties, including complete revocation of your driver’s license.
You could face an extensive amount of penalties other than losing your license if you are convicted of driving under the influence. The penalties will generally include steep monetary fines, probation, community service, mandatory alcohol treatment programs, rehabilitation, restitution, jail time, and a mark on your permanent record. Your vehicle could also be impounded and/or you could be required to purchase and use an ignition interlock device in your car. This device is installed in your dashboard and requires you to breathe into it to test your BAC before you can start the engine. It will also require additional random samples while driving and will keep a log of its activity. Furthermore, a conviction could lead to dimished future opportunities, damaged reputations and strained personal relationships. If you are convicted of DUI, an experienced attorney in your jurisdiction can negotiate with prosecutors to try and lessen or reduce the possible penalties.
Most likely you will go to jail the day you are arrested; however you may later be released on bail or your own recognizance. Even if you are a first time offender, and found guilty, you may be required to spend two or more days in jail. The chances of jail time increase dramatically if there is an accident where someone is injured or killed or if you have multiple convictions.
The mostcommons signs police officers look include slurred speech, glazed or blood shot eyes, disheveled appearance, loud behavior, failure to follow directions, failure to comprehend questions, flushed cheeks, staggering or swaying, fumbling, wide turns, weaving in and out of traffic, swerving, abrupt movements, failure to adhere to traffic signs and signals, smell of alcohol on the breath, and open containers of alcohol in the car.
This article is not legal advice and is not intended as legal advice. This article is intended to provide only general, non-specific legal information. This article is not intended to cover all the issues related to the topic discussed. The specific facts that apply to your matter may make the outcome different than would be anticipated by you. You should consult with an attorney familiar with the issues and the laws of your jurisdiction. This article does not create any attorney-client relationship.