Two Questions About Being Given a DUI
If you've been pulled over by a police officer because they have a suspicion that you've been drinking, you likely have a lot of concerns about the legal situation you could be in. Here are some common questions about DUIs that you will want to know the answer to.
What Is the Difference Between a DUI and Driving Above the Legal Limit?
There are laws in place that state that your blood alcohol level cannot be above a very specific percentage. These laws apply to everyone, regardless of their weight, height, sex, and how alcohol affects them. This means that you can be given a ticket simply for having a blood alcohol level above .08% at the federal level. There are also additional zero-tolerance laws that are even more strict for those under 21 years old, which vary by state. It can literally mean having zero alcohol in your system or being under .02%. Violating this law means that you are driving under the legal limit.
However, there is another law about simply driving under the influence of alcohol. This does not state that you have to have a blood-alcohol level above a specific amount, but are simply intoxicated to the point where you cannot safely drive a vehicle. While the former law is not very subjective, there is a lot of subjectivity with the latter since a police officer is judging your ability to drive.
What Should You Do When Pulled Over and Accused of a DUI?
You should cooperate with a police officer when pulled over for a DUI. Supply them with your driver's license and registration as requested, and do not be comparative with them about why you were pulled over. It's important to make the officer feel at ease in this type of situation, because they may feel that you are intoxicated.
The one thing that you should not do is make statements regarding questions asked of you about what you have been drinking. Making statements about saying you have or have not been drinking could be construed as lies later on, and it is best to avoid making any statement that could be taken the wrong way. You should also know that you do not have to comply with any request for a field sobriety test. This will not prevent you from being arrested, but it will not provide the police officer with any evidence that can be used against you.
Always remember to be polite and respectful, and then reach out to a DUI accident attorney if you're arrested and accused of a DUI during the traffic stop.
