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Drunk Driving (DUI) Law Questions
Drunk driving cases can disrupt your life because they can result in criminal convictions that stay on your record. You can face a mandatory jail sentence and license suspension or revocation. Additionally, the loss of your license makes it difficult to work or go about your daily activities. A conviction can also increase your insurance rates and make it difficult to become employed.
Drunk driving law allows defendants the right to a jury trial and the state must prove its case beyond a reasonable doubt. Defense of DUI driving cases involves assessing whether the police had probable cause, whether the evidence, including a breathalyzer or other field test, is reliable and whether your rights were violated.
Arrests can occur if the police see drunk driving or come to an accident scene, but did not actually see you operating the vehicle. Sentencing for DUI cases is based primarily on your blood alcohol level ('BAC') and whether you had prior offenses. Community service and fines are possible in addition to loss of license and incarceration.
In some states, if the circumstances surrounding the case qualify, first offenders may be candidates for rehabilitative programs that allow defendants to avoid jail time and license revocation. Some states also require convicted defendants to install an interlocking device which tests their BAC each time before driving.
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