Understand DUI Laws With A DUI Lawyer in West Warwic

by | Mar 11, 2013 | Lawyers and Law Firms

You need to hire a DUI lawyer in West Warwick if you have been charged with DUI as the DUI laws are very strict and DUI charges are not taken lightly. The BAC in most states is at 0.08. Some states require the driver of the vehicle to be impaired while others state that the driving must be impaired. Whatever the case may be, it is important to consult with an attorney and explain the complete circumstances surrounding your stop.

Ask Your DUI Lawyer in West Warwick About How The “Per Se” Laws Affect Your Case

BAC level in all states are defined at 0.08 and are also tied to the administrative driver’s license suspension or in other words ‘per se’ law. A higher BAC level results in an automatic suspension of the license based upon the evidence. There could also be multiple DUI charges against you including for DUI and for DUI per se (BAC of more than 0.08). If your state allows multiple convictions, you might get punished for one but your records will still show multiple convictions. Per se laws are strict and unforgiving. The best way to avoid a DUI is to follow the legal limit and understand the DUI laws.

Ask your DUI lawyer in West Warwick about the tests to determine BAC

There are three main types of tests – breath, blood and urine tests.

Breath tests are the most common tests but they measure the alcohol in the breath instead of the blood. Based on the alcohol in the breath, amount of alcohol in blood is then calculated. This test is quite prone to human error, broken machines and improper sampling.

Blood tests are invasive but reliable when conducted properly. Some states allow the police to draw your blood only if you provide consent or if you have been involved in a severe accident. If you have consented to a blood test and charged, hire an expert DUI lawyer in West Warwick.

Urine tests are the least common and done usually if impairment by drugs is suspected. These tests are unreliable as they are susceptible to errors in collecting samples and test procedures.

Discuss The Timing Of The Chemical Tests With Your DUI Lawyer in West Warwick

The timing of chemical tests done to ascertain the blood alcohol content can have a significant impact on the test results and your case. Usually the tests are done some time after you have been pulled over and the results show the BAC at the time of your test. Skilled DUI attorneys can use mathematics and science principles to help prove your innocence. States define various criteria that the prosecutor needs to meet to admit the test results. While some states have a maximum time within which the test needs to be done other states determine admissibility on a case by case basis.

 

   

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