|
Legal Advice on DUI and
OUI Charges
It
depends on the state, but nearly all states have strict laws against
driving under the influence or operating under the influence. Driving
while under the influence is an illegal action, which is often known as a
misdemeanor in the court of law.
Some states, on the
first offense, will pull your license, impound your vehicle, and throw
you in jail. Once you are at jail you will await to visit the judge,
which is the next day, unless you are arrested on the weekend, then you
will visit the judge on Monday the following week. Your blood level must read
0.8 in most states before you are considered operating under the
influence or else driving under the influence.
Driving under the
influence (DUI), operating under the influence (OUI), and driving while
under the influence (DWI) are three terms for similar acts; however, the
differences in some states can mean a difference in the penalty you
receive. DUI⁄OUI⁄DWI laws are tricky since in few states the
law must have probable cause to pull you over.
If you are not weaving
on the highway or committing any crime that lead the officer to believe
that you are driving under the influence, then you may have a chance in
the courtroom to fight and win the case. However, in some states, the law
can pull you over regardless and often does not need any reason as to why
you were pulled over.
Still, the law is
obligated to read you your rights, and if the officer fails to do so, you
may have a win case. The best advice you can get for DUIs
is to avoid drinking drunk altogether. If you plan to go out on the town,
ask someone who is not drinking to go with you. Otherwise, if you had a
party at work and drank some alcohol, you should try to wait at least an
hour before leaving the building, unless you had more than one drank.
Finally, if you are
arrested for DUI or OUI, it is in your best interest to plea not guilty
and to force the prosecution to prove that you were in fact under the
influence. If you are innocent, it is unlikely that the prosecution will
be able to prove that you weren’t.
|
