Did you know that the term “drunk driving” is misleading, because it implies that one must be drunk to be arrested, which is not true. Driving under the influence or DUI laws by state are in agreement that anyone possessing a blood alcohol level (BAC) of 0.08 or higher should not be driving. Some civilians mistakenly think that if the alcohol they have consumed does not have much of a debilitating effect on them, everything is alright. This is far from the truth, as a criminal defense attorney will tell you.
While DUI laws by state are very similar, the terms used to describe the violation itself vary according to state. While most states go by the term DUI, like California and Oregon, other states use different terminology. In Ohio and a few other states for example, it is called operating a vehicle under the influence, or an OVI. Very few states call it Operating Under the Influence, or OUI. No matter what it is called, a conviction could cause some serious effects in your life if you do not find a good lawyer to help your case.
The first thing you should know is that the police cannot pull you over without probable cause. This means that the police must offer an explanation, such as reckless driving, swerving, or running stops signs or red lights. A top criminal defense attorney would say that without evidence or witnesses to verify why you pulled over, the case against you is weakened.
Once you have been pulled over, the police will want to administer a breathalyzer test. Again, DUI laws by state vary, so in a state such as Ohio for example there is an implied consent law. This means that if someone who has been pulled over under suspicion of operating under the influence refuse to take a breathalyzer test, they are automatically fined and their license is suspended. This is why it is important to know the DUI laws by state when traveling.
A criminal defense firm in your area can help you figure out what your options are if you are charged with operating a vehicle under the influence. You can fight it, but it is unlikely you will be successful without some experienced help. Gather all the information you can before looking into your options.
