Drivers who are charged with driving under the influence face serious criminal charges. Here at LawInfo.com we like to make this taxing process bearable by offering helpful tips about drunk driving charges. We also offer a list of qualified and experienced drunk driving attorneys who can help guide you through this difficult and expensive process. When it comes to drunk driving charges, here are a few things that you should know.
1. When are you considered to be “driving under the influence”?
While every state has the right to determine the acceptable levels of blood alcohol content (BAC) level for drivers, Congress has influenced most states to adopt 0.08% as the standard BAC level. So it is presumed that if a driver has a BAC above 0.08%, they are to be considered too drunk to drive. Of course, this standard is for drivers who are of age, 21 or older. States have enforced lower limits for drivers under the legal drinking age of 21. Moreover, the permissible BAC for commercial drivers is 0.04% in many states.
If you are found to have a BAC level at or above the threshold limit, then you are presumed guilty of drunk driving and can be arrested.
You will face some serious criminal charges is you are charged with driving under the influence. If you are found guilty of drunk driving, there are a variety penalties you may face. These charges include:
- Losing your license
- A court imposed fine
- Time in prison
- Mandatory alcohol education and prevention programs
- Treatment for alcohol abuse
- Community service
These charges will become even more severe with each repeat offense.
3. What to remember once you are arrested for drunk driving:
Anything that occurs from the time you are arrested until you are formally charged are all important events you must remember. Even though being arrested is a scary event, you must remain calm and focused. This will help you take the necessary steps to ensure that all of your rights are protected. Many things may go wrong during your arrest. For example, a police officer may violate your rights by using excessive force or they may not read your Miranda Rights. If this occurs, it may help you in your personal defense. Once you are arrested, the police must read you your Miranda Rights. If you are entitled to Miranda warnings and none are given, then your subsequent confession is inadmissible. Moreover, you are not obligated to speak with the police officer without your attorney present. Remember, if you cannot afford a lawyer, then the court will appoint a defense lawyer to your case.
Therefore, pay careful attention to everything that occurs during your arrest. With the help of an experienced criminal defense lawyer, your rights will be defended throughout every step of the criminal process.
Click to find an experienced criminal defense attorney in your area today!
Hope this information was helpful. I’ll add a few more helpful tips about drunk driving in the weeks to come. Stay tuned!
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