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- DUI Offenses Explained Further
In states where a breathalyzer test or blood test is used as evidence, it is possible to be penalized with harsher punishments when conviction of a DUI occurs. A driver may fail both tests showing an assumption of guilt. In some states, the refusal of taking tests in the field is enough to arrest him or her.
- Explanation of Field Sobriety Tests
When making an arrest based on a DUI charge, the officer making the arrest must decide through his or her own surveillance whether or not the suspect is illegally inebriated. Field sobriety tests are some of the ways officers may decide if impairment is at issue.
- DUI Considered a Second Offense
In most states, a specific amount of time is allotted to when a second DUI is committed and only considered a first offense. However, other states have more strict traffic laws that determine a longer amount of time must pass. It is important to know the laws of the state the person is driving through or residing in to avoid charges of DUI offenses.
- DUI Laws - Questions Answered
Driving under the influence arrests and charges are confusing and lengthy and may end in a license suspension or prison time with potential additional fines. In some states, the laws do not require a suspect to take the field sobriety tests officers often ask in making a DUI arrest.
- Retrograde Extrapolation Explained
Retrograde extrapolation is the technical term and method for determining whether someone was intoxicated at the time of arrest even when testing is completed at a later time. Often in driving under the influence cases, suspects are not tested for their blood alcohol level at the time of accident or arrest. Retrograde extrapolation helps decide if the suspect was actually illegally drunk behind the wheel, though the test results may show a lower blood alcohol level once in police custody.
- DUI Felony Charges
Driving while under the influence (DUI) is a broad spectrum of charges and until recently was only considered a misdemeanor in many states, including the state of Colorado. However, now certain classes of this charge can be considered a felony, which has its own set of sanctions to follow. A felony DUI can occur in most states when a suspect has a record of at least three driving under the influence charges over a lifetime.
- DUI Felony Bill Details
Before new laws, all DUI cases were charged as misdemeanors in some states, unless someone was killed in a DUI accident. However, now individuals in many states who have prior conviction records may be charged with a felony DUI that issues two to six years in prison instead of the usual one year.
- DUI Explained in Detail
DUI stands for driving under the influence, of drugs or alcohol, and covers an extensive range of charges and situations. Driving under the influence is strictly prohibited in any method of transportation. The officer who stops the driver usually has the discretion to make this arrest.
- Supreme Court Addresses Breathalyzer Tests
The U.S. Supreme Court recently ruled that a North Dakota DUI law making it a crime to refuse a “deep-lung” breath test is unconstitutional.
- Bad Stops in the Wake of Utah v. Strieff
Utah v. Strieff was a festering [sore] of a decision that will undoubtedly be used by prosecutors all over the country to overcome bad stops when additional evidence is found following an unlawful seizure. It should, however, be read as a narrow decision applying only to cases where the evidence sought to be used is entirely unconnected to the stop.