An individual commits the offence of DUI-Car Driving under the Influence alcohol -if he or she is either car driving or physically controlling a motor vehicle while under the influence of any alcoholic beverage, chemical, or controlled substance. A person is considered “under the influence” when his or her mental faculties are impaired or the individual’s Blood Alcohol Content (BAC) is above the legal limit for the State, which is 08-gram percentage of alcohol.
The obvious and best way to avoid a DUI and the potential for serious and even catastrophic damages is not to mix drinking and car driving. It does not matter how little you might think you have imbibed; car driving while your normal faculties-your capacity to walk, talk, drive an automobile, judge circumstances are impaired- is unlawful. Therefore, even if your blood alcohol content [BAC] is below the legal limit, you can still be charged with DUI.
Furthermore, you can be charged with DUI even when your vehicle is not in motion. If you are sitting behind the wheel and your keys are in the ignition, you can be found guilty because you had the power and potential to take control of the car.
Additionally, while you are not legally obligated to submit to a blood, breath, or urine test, refusing to comply with a law enforcement officer’s request is admissible in a criminal proceeding against you as evidence of your awareness of guilt. Additionally, when you obtain a driver’s license and, thereby accepting the privileges and responsibilities of driving, most courts have determined that you have given your consent to submit to an approved BAC test.
At the same time, you have a right to be secure, which protects against unreasonable seizure and searches (including your body and vehicle). You should not get out of your car unless the police order you to do so. If they simply request you to step outside your automobile, you do not have to obey-nor should you? Ask the officer if that is an order or request, to be clear.
You do not have to recite the alphabet backwards, walk a line or perform any other request. But be polite in refusing and tell the office you are just not comfortable doing that in public or some other equally reasonable explanation.
To mitigate your problems if you are ever stopped for DUI, make sure that you have your driver’s license, registration, and insurance card on hand to present to the police. Be polite but do not make small talk. Exercise your right to remain silent.
If you are arrested, comply with the officer(s). Submit to a pat-down search, handcuffing, fingerprinting, and give breath samples, only on the machine at headquarters-not in the field. Your voluntary cooperation, where required, will only work to your advantage. The police do not have a right to search your car without a warrant and “do not waive any right” by giving permission. Ask them politely to get a search warrant. You must exercise your right to legal representation.
Driving under the influence of an alcohol and need a good lawyer just Contact a DUI attorney in LAS VEGAS immediately to ensure that you’re Constitutional Rights are protected under the law. Also, as soon as possible, go to a hospital or see your doctor for a blood test of your own if you feel you have been incorrectly charged.
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