A DUI refers to driving under the influence of alcohol or drugs, or a combination of both. A DUI is shorthand for driving while impaired, being charged with driving under the influence, or getting convicted (found guilty) of “drunk driving.” “DUI” is a generic term for anything related to court proceedings or an arrest for drinking and driving.

A blood alcohol level, also known as BAC level, is a measurement used to determine a person’s level of impairment from alcohol or drugs or a combination of both. The BAC level is used to determine whether to arrest and charge a driver with a DUI. The legal limit in California, and virtually every other state, is .08%, which means that an alcohol content of .08% or higher is considered illegal and will bring about DUI charges. The BAC level can be tested by either doing a breath test on a “breathalyzer,” or by giving a blood sample using a traditional blood draw. Many people are often shocked to find out how high their BAC level is and are confused about how their BAC level could get so high, stating that they are small (or large) so there is no way they could get that high. The BAC level is relative to each individual and takes into consideration their total weight, body mass index, metabolism, liver function and several other factors, so the actual BAC number is a percentage of the person’s total blood content.

DUIs have aspects that are extremely time-sensitive and urgent. The best thing to do is find the right lawyer ASAP who can request a DMV hearing immediately. The right attorney will make sure the DMV doesn’t suspend a person’s driver’s license until there has been a hearing to challenge the case and until all defenses have been put forth.

Although the answer can vary by state, in many cases, a refusal is itself a criminal violation subject to stiff penalties. In addition, if the case against you is proven, there may be additional penalties for the refusal, above and beyond those for the drunk driving offense.

Some courts allow the defendant in a drunk driving case to challenge the scientific accuracy of Breathalyzer tests in general, whereas others may allow challenges based on the particular circumstances of a test, such as improperly calibrated equipment or inadequately trained officers. If the test results are inadmissible or can be challenged, the case will have to be proven based on other evidence, such as eyewitness testimony and field-sobriety test results.

Drunk driving carries serious penalties. Although the court may go easier on first-time offenders, even in first-offense cases the possible sentences include stiff fines and jail time. If the circumstances warrant it, however, the court may choose less restrictive options, including probation, community service, or alcohol awareness or abuse counseling.. For subsequent offenses, the likelihood of imprisonment increases, and in all cases, the loss of driving privileges-at least temporarily-is almost guaranteed.

Many drunk driving offenders are forced to rely on public transportation or rides from friends and family for transportation to and from work during periods of license suspension or revocation. In some cases, offenders may be granted a “hardship license,” allowing them to drive just to and from work. However, if an offender is caught driving outside of those strict limitations, further penalties will be imposed.

The best way to avoid being convicted of drunk driving is to not drink and drive. Use a designated driver, call a taxi, call a friend, or don’t drink alcohol if you are going to need to drive within a few hours. For some people, even one drink can impair their driving abilities. Remember, after having a few drinks is not the time to decide whether you are capable of driving. However, if you have been charged with driving under the influence, an experienced drunk driving defense lawyer can work to improve the outcome of your case.

even if you are guilty of drunk driving, it is imperative that you seek the advice of experienced counsel so that you can minimize your sentence and maximize your opportunities to move ahead toward a brighter future. Criminal defense attorneys are needed to equalize the balance of power between the defendant and the prosecution and to ensure that the constitutional rights that are guaranteed to all criminal defendants are preserved.

Assuming it is your first conviction and there were not any aggravating circumstances, the maximum penalty fine is $1,000 and you can also be sentenced to up to a year in jail. The minimum sentence is 24 hours in jail and a $300 fine. With this huge range of both jail time and fines you can see why having an experienced DUI defense lawyer on your side is an excellent investment.

In the event your insurance company uncovers your DUI conviction, they could view you as a considerable risk, and more than likely, increase the premium you pay for insurance coverage. Getting your DUI charge reduced to Reckless Driving could avoid a major insurance increase. Learn more about the possibility of getting a DUI reduced to Reckless Driving.