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What Are the Possible DUI Charges?

  • May 24, 2017

    A DUI charge can sometimes be more than simply being pulled over and given a ticket for drinking and driving. A DUI charge is driving under the influence or either alcohol or a substance that alters the normal functions of the mind, causing a lack of attention while driving. When the driver is arrested on a suspicion of a DUI, the district attorney will then decide what type of charge will be filed if any at all. There are a few factors that are taken into consideration when the district attorney decides on the charges. These include the past convictions of the defendant, how severe the offense is and how intoxicated the defendant is when arrested. The type of substance is also taken into consideration as there could be narcotics involved ranging from marijuana to cocaine.

    The state must have a classification of the elements that need to be present to prove a DUI charge. In most states, the elements present include swerving on the road or causing an accident along with the presence of alcohol on the person when the vehicle is stopped. There could also be an aroma of a substance in the vehicle or a noticeable presence of a drug in the vehicle or on the person. There are some situations where the person can still be charged with a DUI even if the person isn’t driving poorly as long as the blood alcohol level in in the illegal range. There are a few situations where it’s a bit more difficult to prove that a person was driving under the influence. An officer might not approach the vehicle until the driver has got out of the car or the person is asleep in the car instead of actually driving on the road. There are times when proving that the person is intoxicated can be difficult unless a blood alcohol test is given soon after the person is stopped or has consumed the substance. Most of the time, the charges are filed based on the witness details of the officer or the conditions of how the person was arrested.

    A typical DUI charge usually isn’t that big of a deal unless there are other factors involved. If the person doesn’t have any prior convictions and there aren’t any other substances involved other than alcohol, then a Los Angeles DUI attorney ca sometimes get the charges dismissed or seek probation for the charge instead of the person going to jail. There are also times when the person might only need to take alcohol education classes or perform community service.

    When there are prior charges or if there are numerous substances on the person or in the vehicle, then the charges can become a bit more severe. An elevated blood alcohol content can affect the type of charge. If there are children in the vehicle, then this will significantly change the type of charges that are filed. In the event that the driver is involved in an accident and there is an injury or death to the other driver or a passenger in either car, then the charges can reach higher levels on the chain, such as involuntary manslaughter. There is a potential for serious consequences relating to a DUI charge, such as the license being revoked or going to jail. The assistance of an attorney is often the best choice for someone facing a DUI charge in order to handle the possible outcome in the best way.

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