If you're caught driving under the influence, there are a number of laws that will affect the outcome of your case. These laws vary from state to state although there are drivers who operate under federal laws which means different factors will have to be taken into account.
It is important to know the laws surrounding your DUI case so you can be aware of the infringement you're being accused of. This can make it possible for you to fight the claims in a court of law.
Blood Alcohol Level
This is the most important law as far as drunk driving is concerned. You can only be accused of driving under the influence if your blood alcohol level (BAC) is above a certain threshold. At the moment, it's a crime to drive with a BAC equal to or higher than 0.08% in all states except Utah.
At the end of 2018, the BAC limit in Utah will be set at 0.05%. This will be in line with recommendations that have been made by the federal government to all states that the BAC be lowered to this level to further discourage drunk driving.
Administrative License Suspension
In most states, an administrative license suspension (ALS) rule is present for first-time offenders. ALS allows the law enforcement officials to hold the license of a driver for a certain period of time in case they fail a chemical test. Limited driving privileges are present in these states to allow the driver to commute to and from work or driving when they need to.
Open Container Laws
In most states, having a container of alcoholic beverages that are unsealed or open inside a car is prohibited. It doesn't matter whether the container is empty or not or whether it's a passenger who is drinking the alcohol. As it stands, most states have some form of open container laws in place.
Sobriety tests are used to determine whether or not you're driving under the influence. Refusing to take a breathalyzer test can lead to suspension of your license and possible jail time. Additionally, a prosecutor can still make a case for DUI based on other evidence such as the testimony of witnesses and the observations of the police officer.
Some states also have Implied consent laws. This means that you have consented to take sobriety tests simply by driving your vehicle. It's a good idea to have a DUI lawyer, like those at Law Office Of Lori Crystal, LLC, when contesting such a charge.