Driving under the influence (DUI) Laws and blood alcohol levels (BAC) used to determine if a person is driving under the influence differ from state to state. Being charged with a DUI a serious offense the consequences can be severe you could have your license suspended, spend time in jail and if you’ve caused an accident while driving intoxicated you could face years in jail.

If you have been arrested for DUI you need to hire a DUI lawyer as soon as you can because DUI laws are complex and even if a DUI lawyer can’t get your charges dropped, your DUI lawyer will have enough knowledge to reduce the charges and the penalties you’ll be facing.

Usually there are 2 types of DUI charges, the first kind of DUI charge occurs when someone’s BAC is within the legal limit but is driving dangerously and hasn’t caused harm yet, like driving outside of their lane constantly and not being able to keep the car straight, they could still be charged with a lesser DUI offense. The arresting policeman or policewoman can make their case in court of why the defendant was arrested, dangerous driving, blood shot eyes, inability to walk a straight line, the smell of alcohol etc… the arresting officer will have a detailed description to use in court as they are required to keep notes on everything.

A more serious DUI charge occurs when the defendant’s BAC is above the legal limit. When the BAC is determined to be above the legal limit no justification for unsafe driving is required. If this occurs the prosecutor does not need to show that there was unsafe driving that could cause an accident, they only need to show that the defendant had a BAC level above the legal limit and that alone would pose a risk to everyone on the streets.

The BAC levels vary from state to state and penalties will depend if this is you’re a first time offender or a repeat offender if you are a repeat offender you can expect the penalty to be much more severe.

Generally most states have a BAC level of around 0.08% however you can still be charged with a DUI if it’s shown that you were operating the vehicle in an unsafe manner.

Disclaimer: the information on this site is not to be considered legal advice or advice for your situation and is not intended to replace legal representation.