There are many state laws against drunk driving, some of which are commonly referred to as the “BAC Law”. The BAC Law requires drivers to have a blood alcohol content of 0.08%, which is the legal limit for driving in most states.
While drunk driving may be a very serious issue, the penalties involved with it are not as severe in some states as they could be. If a driver is found to be over the legal limit, then they can be given a citation or simply arrested. In some cases, a person can lose their license for a period of time before being allowed to get it back again, while other times, there are no penalties at all. For the DUI to be considered a crime, it must be proven beyond a reasonable doubt that the driver was under the influence of alcohol. In order for a court to reach this conclusion, there must be scientific proof of the driver’s impairment.
DUI: Going to Court
When a person goes to court, the authorities must prove that the individual was actually over the legal limit by having a blood alcohol content of at least 0.08%. There are many ways to do this, including, but not limited to, analyzing the level of a person’s BAC during a breath test, blood test, or urine test. A driver can also have his or her driver’s license suspended, or both, if found guilty of driving under the influence. If a judge finds that a driver is indeed guilty of driving under the influence, they can issue an arrest warrant for the person’s car.
People who go to court with the idea of a no-contest plea often do so because they want to avoid the severe penalties that go along with going to trial. However, this plea has some advantages. For one, a no-contest is much easier to accept by the judge, which means that they do not have to worry about the lengthy process of proving their case. Also, a plea of guilty or no contest does not require the driver to do anything that he or she may regret. However, going to trial might require a defendant to admit guilt, which may not be an easy thing to do.
When a guilty plea is made, the person will have to admit their guilt. This admission will be considered in their favor when it comes time for sentencing, and may even allow them to be released from jail early in their sentence. This can be helpful to those who have a hard time admitting their guilt. On the other hand, if no-contest is chosen, the defendant cannot avoid any jail time, but can accept a community service or probationary sentence.
If you are a motorcyclist involved in a drunk driving case then you will need to be ready for the possibility of a motorcycle DUI. It is something that many people do not want to think about and may even find distressing. Here is something that you need to know about this type of DUI.
There are several common defenses that you can use. A main one is that you were not intoxicated when you received a citation or when you were arrested. You should remember that if you have been drinking all night long, you cannot use the excuse that you were not intoxicated. You must always prove that you were not impaired by alcohol.
DUI attorney Rahul Parikh stands ready to help you. Contact him today.
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