DUI Defense

We Need to Find a Better Way to Help People Know They Are a DUI Risk

Posted by on Oct 13, 2018 in DUI Defense | 0 comments

Some DUI cases are obvious. For instance, this man in Cayce was far above the limit and then drove at very dangerous speeds, leading to a serious crash. However, in Cayce and elsewhere, many DUI situations really aren’t that clear at all.

For as profound as the consequences are for a DUI, it can be very difficult for individuals to know when they’re at risk. While most people can give a number to what counts as DUI in their state, many people don’t know what that number translates to in terms of drinks and personal experience. This can lead to a large number of DUI situations that are dangerous and also have serious consequences should the individual be caught. In all these situations, the driver may not have meant to drive illegally under the influence – they just didn’t know they were violating the law.

This is compounded by many people not knowing other similar laws that may be enforced against them. For instance, as Truslow & Truslow Attorneys at Law point out, boating under the influence and open containers in a vehicle can also lead to serious consequences. An individual who may never drink and drive may think that boating on an open lake while putting a few back is within their rights. Others may think there’s nothing wrong having an open container of beer in the car if they’re otherwise under the limit.

Since a DUI can lead to car accidents, injuries, fines, a prison term, a suspended license, and much more, it’s important we try to resolve some of these issues. We can start by making sure people are more effectively informed about the law. Each state should include more education on what constitutes a DUI according to their laws. This can be handed out during driver’s exams or mailed out regularly. States could even put out commercials on local channels – whatever works best for their citizens.

Beyond that, more needs to be done to help people make better judgments about their level of intoxication. It does no one any good to have a number in their head for what constitutes legally drunk. Unless everyone is provided their own breathalyzer so they can test themselves before getting in the car, we should stop focusing on providing everyone with a .08 or .10 to keep in mind and instead give them more commonsense guidelines to test themselves.

Law enforcement could work on providing simple tests to see how in control individuals are. Or, more reasonable advice could be offered in general. Many countries recommend drinking less than one alcoholic drink per hour to make sure their citizens don’t go over the limit. Providing a one drink per hour rule would give people easy math they can do to determine if they have been drinking responsibly and are safe to drive.

DUIs are often not the result of malicious behavior but simple mistakes. We should concentrate less on the punishment and more on the prevention to keep us all safer and avoid harming people unduly.

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If Handled Improperly, a DUI Charge can Turn a Lapse in Judgment or an Error in Law-enforcement into a Life-altering Conviction

Posted by on Jun 14, 2017 in DUI Defense | 0 comments

Drunk-driving, reckless driving, over-speeding and driver error are listed by the National Highway Traffic Safety Administration (NHTSA) as the top causes of motor vehicle accidents in the United States. Car accidents in the U.S. have always numbered to more than five million annually, injuring more than two million and killing no less than 30,000 every year. Majority of these accidents are caused by drunk drivers, though, and more than half of the offenders are adolescents; those aged between 17 and 24.

The blood alcohol concentration (BAC) limit set by the U.S. government is 0.08% (the limit is lower for commercial truck drivers and individuals below the age of 21). Offenders caught with a 0.08% or higher BAC level will be charged with drinking under the influence (DUI) or with the more serious offense, drinking while impaired/intoxicated (DWI) (some states, however, use DUI and DWI interchangeably).

DUI or DWI is a serious crime. Penalties for the offense vary, depending on the severity of the offense and the number of times it has been committed. Under the law, the basic sentences for offenders include:

  • 1 to 30 days imprisonment;
  • $200 fine;
  • revocation or suspension of driver’s license; and,
  • installation of an Interlock Ignition Device (IID) in the vehicle of the offender, as specified in the website of the National Conference of State Legislatures (NCSL). An IID is a device like the breath analyzer. It measures the level of BAC in the driver. If the BAC level detected by the IID is higher than its programmed limit (usually as low as 0.02%), it will automatically render the vehicle incapable of starting.

Getting arrested for drunk driving can be a serious and frightening matter. A DUI conviction can impact your job, your finances, and your family. It is imperative that your charge is resolved favorably, efficiently, and effectively to protect your livelihood. If handled improperly, a DUI charge can turn a lapse in judgment or an error in law-enforcement into a life-altering conviction. Thus, if you have been charged with a DUI, it is important that you act quickly to protect your freedom.



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