DUI means driving under the influence of alcohol or drugs. It has also been called DWI and OUI. If you test at a .08% blood alcohol level or above it is used as evidence of Driving Under the Influence and that is illegal in all states.

A DUI sounds pretty open and closed doesn’t it…Driving Under the Influence. Pretty straight forward, right?

Let’s examine this seemingly obvious definition of DUI in more elaborate detail to illustrate a few conceivable areas where well-prepared attorney can attack a DUI charge.

Driving Requirement

The requirement of driving or operating implies that the operator must have some sort of control or command of the vehicle. Innocence or guilt may depend on whether the defendant was actually “driving” in a given circumstance. What if she or he was just sitting in the driver seat but the motor was off? What if the defendant was sleeping there? What if the keys were in the defendant’s pants pocket and not in the ignition? What if that car was out of gas and could not be started even if he or she wanted? What if the car was idling? What if it was in the process of being towed? Courts through out the nation have considered various scenarios to ascertain whether the necessary control over the vehicle was present and the outcomes vary by state and by the individual circumstances. Vehicle Requirement Vans, trucks and cars are obviously considered to be vehicles for drunk-driving law purposes. However, many have been convicted of drunk driving while operating motorboats, mopeds, dirt bikes, snowmobiles, electric wheelchairs, golf carts, bicycles and ATVs, although the vehicle types considered differ in each state. Intoxication One way prosecutors attempt to prove driver intoxication is through scientific testing of the amount of alcohol in the defendants body, usually by analyzing the blood or breath. These tests are usually administered by machines, such as the Breathalyzer. In a state, a person with a BAC (blood-alcohol concentration over 0.08% is considered intoxicated.

Implied-consent laws create the legal presumption that if one takes advantage of the privilege of operating a vehicle, he or she automatically consents to state-administered chemical testing to determine his or her blood-alcohol content. If a driver refuses to take blood-alcohol test, his or her license may be revoked or suspended.

Blood-alcohol concentration test results over the legal limit are often presumed to be proof of intoxication. However, defendants may challenge the conclusiveness of the results by showing irregularities in the test administration procedure or problems with the test equipment. Your attorney may advise retesting of the breath samples. She may be able to obtain exclusion of the original Breathalyzer results from the case or even dismissal of the case.

Other types of proof used by prosecuting attorneys to show intoxication include drivers’ statements, police and witness observations of behavior of driving patterns of circumstantial evidence. An example of appropriate circumstantial evidence is that a the accused, before driving, spent the afternoon at a party where drinking games were participated in.

Police also gather important evidence of drunkenness by administering standard field sobriety tests (FSTs) at traffic stops. Common field sobriety tests include:

* Finger-to-nose test

* One-legged stand

* Walk-and-turn test

* Horizontal-gaze-nystagmus test

* Picking up coins

* Counting backwards

* Reciting the alphabet

* Throwing and/or catching a ball

Conclusion

Driving is the basis of the American lifestyle for most, permeating every activity we do. We counton driving to get to work, to socialize, to run errands and to take a vacation. Licensed drivers transport juveniles, people with disabilities and seniors to important appointments and activities. A drunk-driving conviction can bring a screeching halt to your life. If you face a plausible problem with drinking while driving, a lawyer can stand up for you and help take care of your interests and those of your family.

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