The general public has a simple understanding about how to get a DUI. Statutes cover being under the influence of alcohol, drugs including legally prescribed, and a combination of these. In addition, there are five areas that drivers are still culpable of being ticketed for DUI. Here is a synopsis of them with key points.
Operation Requirement
Occupying a vehicle including sitting or sleeping while under the influence even if you are not driving is considered a DUI. This means the car is not in operation or is parked with no keys in the ignition. Impaired individuals will face charges as if they were driving on a public road. The rationale is driving would have commenced at some point, which would be considered unlawful.
Driving on Non-Public Roads
DUI on private property such as someone’s land, parking lot, golf course, or water can lead to prosecution. Accidents occurring in these areas undergo an investigation to determine the cause. Most drivers think you have to be on public roads to be guilty of a DUI. The legal limit of .08 is enforced with tickets and arrests being made accordingly.
Operating Any Motorized Vehicle
Cars are not the only motorized vehicles that are covered by DUI statues. Boats, go-carts, golf carts, and ATCs (All Terrain Cycles) are included in the list of motorized vehicles. Operators should take care and be mindful of driving while under the influence of alcohol and drugs.
Medically Prescribed Drugs
Tickets can be issued, arrest made, and cases brought for driving while taking legally prescribed medication. This includes pharmaceuticals and medical marijuana. Impairment due to their use is considered a violation and threat to public safety. Patients prescribed these compounds should be aware they are subject to prosecution for DUI infractions incurred while taking them.
Degrees of DUI
There are several levels of DUI including slightest degree, impaired to an appreciable degree, and same as sober. This would appear to be a double indemnity with the inclusion of the .08 rule. However, states have decided to use both benchmarks in litigating cases. Experienced lawyers have a myriad of defense strategies to circumvent these subjective interpretations dismissals. Examples of defenses include using the fourth amendment, impugning arrest affidavits, challenging test results, and others.
The laws have gotten tougher over the years with the efforts of advocates such as MADD. The legal limit being reduced from .11 to .08 is an example of this. A caveat is a lack of dangerous driving does not preclude prosecution when the thresholds listed are met. It is crucial when facing a DUI charge to hire and consult with an attorney, like Johns Creek DUI attorney Ben Sessions, who is familiar with state statues to negotiate the best possible outcome.
Author Bio: Rachelle Wilber is a freelance writer living in the San Diego, California area. She graduated from San Diego State University with her Bachelor’s Degree in Journalism and Media Studies. She tries to find an interest in all topics and themes, which prompts her writing. When she isn’t on her porch writing in the sun, you can find her shopping, at the beach, or at the gym. Follow her on twitter: @RachelleWilber.
