subject: Learn About Georgia Dui [print this page] DUI means driving under the influence of illegal substances or alcohol. It is sometimes also called DWI (Driving While Intoxicated) and OUI. Operating a vehicle with a .08% blood alcohol level or higher is illegal in all states in the US.
A DUI sounds pretty open and shut doesn't it...Driving Under the Influence. Pretty straight forward, right?
Let's examine this seemingly simple definition in more elaborate detail to demonstrate some possible areas where an astute lawyer can attack a DUI charge.
Driving Requirement
The requirement of driving or operating implies that the operator of the vehicle must have some sort of control or command of the vehicle. Innocence or guilt may hang on whether the defendant was actually "driving" in a particular circumstance. What if she or he was just sitting in the driver seat but it was off? What if the defendant was catching a few Z's there? What if the keys were in the defendant's pants pocket and not in the ignition? What if that vehicle was out of gas and could not be started? What if it was idling? What if it was being towed? Courts all around the nation have considered various scenarios to determine whether the necessary control over the vehicle was present and the outcomes vary state to state and by the individual circumstances and context. Vehicle Requirement Vans, trucks and cars are clearly considered to be vehicles for drunk-driving law purposes. However, people have been convicted of drunk driving while steering motorboats, mopeds, dirt bikes, snowmobiles, electric wheelchairs, golf carts, bicycles and ATVs, although the types of vehicles contemplated differ in each state. Intoxication One way prosecutors take a shot at trying toprove 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 a machine, such as the Breathalyzer. In a state, a person with a blood-alcohol content over 0.08% is considered intoxicated.
Implied-consent laws create the legal presumption that if a person takes advantage of the privilege of operating a vehicle, she or he automatically consents to a chemical testing to determine his or her blood alcohol concentration. If a driver refuses to take the test, his or her license may be retracted or suspended.
Blood alcohol content test results over the legal limit are usually 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 equipment used for testing. Your attorney may recommend retesting of the breath samples. He or she may be able to obtain exclusion of the original breath test results from the case or even dismissal of the casecompletely.
Other types of proof used by prosecuting attorneys to show intoxication include drivers' statements, witness and police observations of behavior and driving patterns and circumstantial evidence. An example of appropriate circumstantial evidence is that a defendant, before driving, spent the afternoon at a party where drinking games were played.
Police also gather important evidence of intoxication by administering standard field sobriety tests (FSTs) at the scenes of 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, permeating every activity we do. We counton driving to get to work, to socialize, to run errands and to take a vacation. Licensed drivers commute juveniles, people with physical disabilities and the elderly to important appointments and activities. A DUI conviction can bring a screeching halt to your life. If you face a possible problem with drunk driving, a lawyer can fight for you and help protect your interests and those of your beloved relatives.
