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    The Standards of DUI

    Being caught in DUI is a crumpled situation you have to settle straight. Driving Under the Influence is a criminal case, and if you will not be careful in dealing with it, there is a big possibility that you will be caught in jail while dealing with tantamount charges. Huge penalties, fines, community service, and incarceration is never a good idea, and if you want to get out of the mess, you will be needing a criminal defense lawyer who will defend your cause. In this trying time, your future is at stake, and you need to make a way not to taint your name in the eyes of the law.

    What are the elements that cover DUI?

    Driving Under The Influence – every state in the US make DUI a criminal offense. DWI (Driving While Intoxicated) and OUI (Operating Under The Influence) in some states, DUI is defined to be driving while impaired by drugs or alcoholic beverages or can be a combination of both. Regardless of alcohol-content found in the tests, as long as the person has been found operating his or her vehicle with a hint of alcohol in his breath, law enforcers have to follow the rule of the state and charge the offender with DUI. Also, the person is “Under The Influence” when his ability to drive is impaired in an appreciable level.

    Driving With BAC Higher Than 0.08% – Under the DUI law, the state prohibit drivers from driving when their blood alcohol content reaches 0.08%. Whether or not the drivers' driving is normal under circumstances, reaching the legal limit of 0.08% BAC is enough ground to charge the driver with DUI.

     

    To prove this, the following must be proven:

    • The person operates the vehicle; and

    • The driver reached/exceeded the legal limit of 0.08%.

     

    Felony DUI – DUI is basically a misdemeanor crime, in certain circumstances DUI crimes can be made into higher cases like felony, which is a far serious crime that may lead to long term imprisonment. When the person driving under the influence killed or injured another person, a mere DUI case may raise into a felony charge. A felony case must be taken seriously on court, since I will truly reflect in your records that will also allow you to pay fines and penalties provided by the state.

    A person who is charged with felony should not take his chances in his hand. Contacting a lawyer is relatively essential to ensure that you are treated according to your rights. It is also a criminal attorney's task to inform you about how the case works, educating you throughout the process is a big help in understanding your case. In any case, the lawyer and the client must work in partnership so that acquiring evidences and information will flow smoothly.

    There are may considerations when it comes to DUI. The major one is the state where the offense have occurred. Different states have different legal application regarding DUI, so if you live in Virginia, find a lawyer whose legal specialization is min Virginia. This way, there will be no confusion when the legal processes are done.

     

    About the Author:

     Criminal Lawyer Nicole Naum is an associate lawyer of the Law Offices of Price Benowitz LLP,. She is a Juris Doctorate Degree holder from the University of Detroit Mercy School of Law and is licensed to practice in Virginia and District of Columbia. Her practice is focused on the field of criminal law that make her trusted in handling cases such as reckless driving and defense for criminal charges. Atty. Naum is an assertive Manassas Criminal Lawyer and Occoquan Criminal Lawyer.

    • 17 October 2012
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