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DRIVING UNDER THE INFLUENCE LAW
Kristen S. Simpson
One of the most often prosecuted crimes is for vehicle drivers who are caught driving under the influence of alcohol or drugs. The reason it is so common is because one can be guilty without intending to be. Most crimes are intentional. DUI is usually not. One may have a few drinks and not realize that the alcohol level is above the legal limit.
If a driver is stopped for another violation and the police officer detects that the driver is drunk, the officer can make the driver pass some type of sobriety test that is prescribed by the law. Driving laws are state laws and vary significantly from state to state. The method for ascertaining that one is under the influence also varies from state to state. It can vary from observed behavior to breath tests and in some cases blood tests. The punishment can also vary from state to state and the seriousness of the behavior. Punishments can be a range from having a driver’s license suspended to a fine to actual imprisonment depending on the nature of the behavior.
The police, knowing the law and having experience, have an advantage over a defendant accused of DUI. Proper legal representation protects the accused from being unjustly prosecuted. The government must be forced to prove its case In the event they succeed in their prosecution, representation can frequently result in minimal sentences.