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4 Important Facts That You Must Know When Facing a DUI Charge

April 27, 2012 | Comments: 0 | Views: 85

If you are facing a DUI charge, you should be aware of 4 important things. These 4 important things are discussed below.

Reasons for the Infliction of DUI Charges

While carrying out routine checks at checkpoints, a finding of blood alcohol content of 0.08% while driving vehicle will likely form the basis of a DUI charge. Besides an offender exceeding the set limit for blood alcohol content, DUI charges could also be brought if the driver serves as a potential threat to the safety of others due to his reckless driving pattern. The DUI offender is considered a threat to users on the road plying the same roadway section, pedestrians close to the vehicle and accompanying passenger who was within the vehicle of the offender as at the time the incident took place. Generally, DUI are charged against drug or alcohol usage. Defendants that abuse or are dependent on these substances also stand a chance of being charged with a DUI.

Variations in DUI Charges

Each State has its own laws regarding DUI cases. Depending on the DUI laws operating in the State where the offense occurred, there could be variations as to the nature of the DUI offense. Therefore, the Federal Government does not usually concern itself with DUI charge prosecution, unless the case is brought under it directly for prosecution. There are also two other factors that are usually put into consideration, they are the determining how threatening the driver was to other road users including road users like pedestrians, passengers and also other drivers and secondly, if the threat was realized along with the degree or level to which the threat was realized.

DUI Charges as Misdemeanor or Felony

The sentence and penalty that a DUI offender receives depends on how the case is presented i.e., this could be as a misdemeanor or felony. A driver is charged for a DUI misdemeanor if he was intoxicated serves as a threat but caused no harm. On the other hand, a charge of DUI felony is brought against the driver if the level of intoxication caused an accident resulting in injury to the other person or worse still if the accident led to death. Damage to the other person's vehicle or other properties is also considered.

Variation in Penalties for DUI Charges

DUI offenders are often faced with the possibility of serving jail time, this depends on the circumstances surrounding the situation and also if prosecution was for DUI misdemeanor or DUI felony charges. Serving prison time might be skipped if the DUI offender did not inflict any harm on others threatened by his alcohol level. In some of these cases, attending rehabilitation classes on alcohol and its dangers and loss drivers' license for a certain period of time are the possible penalties to be faced.

If you are a commercial driver and facing a DUI charge, you should make sure that you understand driving under the influence laws in your particular state. You can read more about DUI/DWI laws here

Source: EzineArticles
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