Facing a DUI charge can cause a variety of questions to come up. How will the charge affect your driving record? Will you lose your license? What kind of fees might you face? Many of these questions might depend on the severity of the charge, and there are a few laws in place that may affect its conditions and outcome as well.
- Implied Consent
When you are pulled over on suspicion of DUI, the officer may use the implied consent law, which means you agreed to take field sobriety tests if suspected of a DUI or DWI when you gained the privilege to drive. While you can refuse to take these tests, it may severely affect the charges you face and cause the suspension of your driver’s license for as long as one year.
- Per Se Laws
All 50 states have a per se law in place, which makes it illegal to drive with a blood alcohol content above .08%. If you take a breathalyzer at the scene and you are over the limit, you are immediately guilty of a DUI. Depending on your state’s laws, you may be arrested and processed for the charge directly after taking the breathalyzer test. If you refuse the test and are found to have an elevated BAC, you may face additional charges and fines in the aftermath.
- Zero Tolerance Laws
If you are under the legal drinking age and a field sobriety test shows you have any alcohol in your system, the consequences you face may be severe. Jail time, community service, and hefty fines may all be imposed upon you, as well as the suspension or termination of your license. The fines and other punishments may vary by state, so you may want to ask your lawyer about which laws might affect your DUI case.
- Driving Element Laws
Some states allow DUI prosecution depending on your physical location in a vehicle, even if the car was not in motion at the time an officer approached it. You may be convicted of the charge if the motor was running, if you are sitting in the driver’s seat or there is enough proof that you might have had control of the steering wheel.
Being charged with a DUI can cause a great deal of stress and confusion, but you do not have to endure this alone. Contact a lawyer, like a DUI lawyer from Hallinan Law Firm today for further assistance and information.