A person is said to be committed with the crime of DUI if he or she is driving or physically controlling a motor vehicle while under the influence of any alcoholic drink, chemical or controlled substance. A person is considered “under the influence” when his or her mental faculties are impaired or the individual’s Blood Alcohol Content (BAC) is above the legal limit for the State, which is.08 gram percentage of alcohol.
The understandable and best way to keep away from a DUI and the possibility for serious and even terrible damages is not to muddle up drinking and driving. It does not matter how little you might think you have imbibed; driving while your normal faculties-your capacity to walk, talk, drive an automobile, judge circumstances are impaired- is unlawful. Therefore, even if your blood alcohol content [BAC] is below the legal limit, you can still be charged with DUI.
You can be charged with DUI even when your vehicle is not in motion. If you are sitting behind the wheel and your keys are in the ignition, you can bring into being guilty because you had the power and potential to take control of the car.
Additionally, while you are not lawfully compelled to submit to a blood, breath, or urine test, refusing to obey with a law enforcement officer’s request is tolerable in a criminal proceeding against you as evidence of your responsiveness of guilt. Additionally, when you obtain a Georgia driver’s license and, thereby accepting the privileges and responsibilities of driving, most courts have determined that you have given your consent to submitting to an approved BAC test.
At the same time, you have a right to be protected, which protects against unfair capture and searches (including your body and vehicle). You should not get out of your car unless the police order you to do so.
You do not have to recite the alphabet backwards, walk a line or perform any other request. But be polite in refusing and tell the office you are just not comfortable doing that in public or some other equally reasonable explanation.
To ease your problems if you are ever clogged for DUI, make sure that you have your driver’s license, registration, and insurance card on hand to present to the police. Be well-mannered but do not make small talk. Exercise your right to remain silent.
Author Bio
Richard Jacobs is a chief editor since early 2007, and he currently works for MyDUIAttorney. A website that helps you to find the right DUI lawyer, you can search for a New Jersey DUI Attorney or for Maryland DUI Attorney online, anytime!
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