Counter-arguing Charges of Impaired Driving

Posted by on February 1, 2017 in Alcohol Related Accidents | 0 comments

Driving under the influence (DUI) and driving while intoxicated or driving while impaired (DWI) are serious traffic crimes that refer to driving while impaired by the effects of either alcohol or drugs (illegal, prescription or over-the-counter drugs). Some states use DWI and DUI interchangeably to refer to the same crime, others, on the other hand, differentiate between the two, using DUI to signify lesser intoxication.

In all U.S. states the blood alcohol concentration (BAC) level limit is 0.08% (this is usually reached after consuming about four regular bottles of beer within an hour). A driver who registers a 0.08% BAC level will be considered alcohol-impaired and charged with DUI or DWI (if his/her BAC level is higher than 0.08%).

Impairment, which is the effect of alcohol and the real root of danger for both the (impaired) driver and all others on the road, is the primary reason why drinking and driving are strictly prohibited under federal and state laws. While this may be a legally acceptable reason to apprehend and charge violators, the overzealousness of some enforcers has, in a number of instances, resulted to the unreasonable arrest of many individuals.

An enforcer or any police officer has the authority to stop a driver suspected of being impaired; he also has the authority to require a driver to perform sobriety tests, like standing on one leg or walking in a straight line, and even submit to a breathalyzer test.

Though professional-grade breathalyzer devices, like those used by law enforcers for roadside alcohol testing, are believed to be highly accurate and sensitive, there are important factors that enforcers need to consider when using these on suspected drunk drivers:

1. These breathalyzers require periodic calibration in order to maintain accurate readings; failure to calibrate these on regular basis can affect BAC analysis.

2. Breathalyzers can definitely measure alcohol which is present in alcoholic drinks; however, it will also give measurable BAC readings if one consumes food cooked in alcohol, or uses substances that contain (even small amounts of) alcohol, like toothache medicines and mouthwash.

3. Acetone, which is detectable in the breath of those on high protein diets and diabetics, and other compounds that have a molecular structure similar to alcohol, may result to BAC readings. Besides these, adhesives, plastics, varnish, paint fumes, and cleaning chemicals with rubbing alcohol, can also produce false BAC results.

According to Columbia DUI defense lawyers of Truslow & Truslow, no matter the offense, criminal charges at any level should be taken seriously. This is because a person, who has been charged with, or is under investigation for, a crime can suffer serious prejudices in life even after he/she has already served his/her sentence. Thus, whether a case would be heard in a Municipal, Magistrate, State, or Federal court, having a dedicated and qualified criminal defense attorney to defend his/her case may save him/her from getting convicted and his future from getting ruined.

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