Mike blogHonolulu DUI Attorney Explains Driving Under The Influence
After a DUI arrest, you will want to hire a competent DUI Attorney in order to best have your rights defended. It’s necessary that they are very knowledgeable of intoxication levels and how they are related to the laws of DUI.
1. What does DUI stand for?
What is Driving Under the Influence? This is a criminal offense. Because of the fact that it is illegal to drive a vehicle on public roadways while under the influence of alcohol or other intoxicating substance, DUI is a crime. In these statutes, the word “intoxicated” is used rather than “drunk”.
2. What is the meaning of the word, “intoxicated”?
You can be “intoxicated” without being drunk, but you cannot be drunk and not be intoxicated.
The DUI statute decides “Intoxicated” in two ways. First, a driver is “intoxicated” when, by using alcohol, drugs, controlled substances or any combination of those, she or he no longer has the use of “normal” “physical” or “mental” faculties. “Intoxication” is defined as a state when one’s alcohol concentration is .08 or higher.
3. Exactly what are “normal” physical and mental faculties? How is “normal” defined?
The “normal mental and physical faculties” in the statute is referring to are the ones of the specific individual who was arrested. They are not generalized to some fictitious average person, comparable to those of the arresting officer, or the jurors in a DUI trial. In fact, “normal” is a subjective term and refers to a several different measurements of response in the person who is under arrest. To give an analogy: “normal” would not be some point on a 12″ ruler. However, it is explained better as the distance between two specific points on the ruled for example, somewhere between 2″ and 8″.
4. How much is .08 alcohol concentration?
The definition of alcohol concentration by statute is:
a. the number of grams of alcohol per 100 ml of blood;
b. the number of grams of alcohol per 210 liters of breath, or
c. the number of grams of alcohol per 67 ml of urine.
Even if you have been drinking, it is extremely difficult to tell if your blood alcohol concentration is .08 or higher. Aside from that, the alcohol concentrations described here are not all the same in every circumstance. In some instances, these concentrations may indicate a person is guilty, while in others, they may be an indication of innocence. By definition, a person may
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