DUI Offense

In most states, there are two different violations that can cause a driver to be charged with DUI: a “less safe” violation, and a per se violation. For a less safe DUI offense, the prosecutor must show, through witness testimony, that your ability to drive was impaired by alcohol and/or drugs. A per se DUI offense means that your blood alcohol concentration (BAC) was over the legal limit. The legal limit in all states is .08 percent for drivers over the age of 21.

In some states, the law says that a defendant must be driving a vehicle to be charged with a DUI offense. However, some states make it a crime to be in physical custody of a vehicle while under the influence. This means that if someone is found intoxicated on the side of the road with keys in the ignition, but is not driving, he or she may be charged with a DUI offense.

Some courts have established evidence that may be used to prove that the defendant was driving. This evidence includes: testimony about the defendant’s erratic driving, testimony about the defendant’s behavior or appearance, testimony regarding the defendant’s field sobriety tests, videos or pictures taken where the defendant was driving or arrested, and incriminating statements made by the defendant.

During a drunk-driving stop, the officer will look at the defendant’s behavior and appearance to determine whether the defendant is intoxicated. Symptoms of intoxication may include: disheveled clothing, unkempt hair, red, glossy, or blood shot eyes, flushed face, slurred speech, and the odor of alcohol.

As stated above, if a driver’s BAC is over the legal limit, he or she will be arrested and charged with drunk driving. To determine BAC, the officer may administer a breath, blood, or urine test, with a breath test being the most common. If you were charged with a DUI offense after failing one of these chemical tests, not all is lost. These tests are far from infallible, and an experienced defense attorney can often throw the credibility of the results into question.

If you have recently been charged with a DUI offense, you should contact a DUI lawyer as soon as possible.Your attorney will carefully investigate your case to uncover evidence that may be used on your behalf.

States/Abbreviations
AK	Alaska	LA	Louisiana	OH	Ohio
AL	Alabama	MA	Massachusetts	OK	Oklahoma
AR	Arkansas	MD	Maryland	OR	Oregon
AZ	Arizona	ME	Maine	PA	Pennsylvania
CA	California	MI	Michigan	RI	Rhode Island
CO	Colorado	MN	Minnesota	SC	South Carolina
CT	Connecticut	MO	Missouri	SD	South Dakota
DE	Delaware	MS	Mississippi	TN	Tennessee
FL	Florida	MT	Montana	TX	Texas
GA	Georgia	NC	North Carolina	UT	Utah
HI	Hawaii	ND	North Dakota	VT	Vermont
IA	Iowa	NE	Nebraska	VA	Virginia
ID	Idaho	NH	New Hampshire	WA	Washington State
IL	Illinois	NJ	New Jersey	WI	Wisconsin
IN	Indiana	NM	New Mexico	WV	West Virginia
KS	Kansas	NV	Nevada	WY	Wyoming
KY	Kentucky	NY	New York	DC	Washington DC