Some of the Houston DUl Offense Basics You Ought to Know
No matter which state you live in, it is a crime to operate a vehicle under the influence of drugs or alcohol. If you were arrested for driving while intoxicated, this offense is called Driving Under influence (DUI). If you drive a vehicle, there are some basic DUI rules you should know about. Here are the 5 most basic points of the DUI offense.
The Alcohol Test
if your Blood Alcohol Concentration (BAC) is more than 0.08%, you can be convicted of a DUI. To determine the BAC, the police might ask a breath, urine, or blood sample. The cops generally use a Breathalyzer to determine the BAC. When they use a Breathalyzer, they have to examine the suspect for 15 minutes before the test to make sure the driver has not vomited or put something in their mouth. If the driver is found to be drunk, the police can detain them.
Refusal
You cannot refuse an alcohol test. Before 2011, drivers could refuse the test, but not anymore. If you don’t cooperate with them, they can get a search warrant that allows them to draw blood from your body for the test. The government allows the police to get a remotely communicated warrant in such cases. This means that the officer can send the search warrant through their phone to the court. A refusal will only make your case worse, so make sure you comply with them.
Field Testing
When a police officer stops a vehicle on the suspicion of DUI, they will generally conduct field tests to check the sobriety of the driver. This includes performing some simple tasks to determine if the driver can control their movements or not. If they are unable to perform the actions, it means that their physical or cognitive abilities are impaired. Some example of these tasks is walking in a straight line, walking heel to toe, and standing on one foot. These are some actions that a sober person would easily do, but a person under the influence wouldn’t.
Penalties
The penalties for a DUI offense include jail time and heavy fines. These penalties and jail times differ in all states. In some states, the first DUI is let go with a warning. The second DUI could get a jail term and fine, and the third DUI can lead to harsher punishments. If the driver is convicted a fourth time, it is considered a felony and is a more serious offense. Apart from these penalties, the driver will also get their license suspended for a particular period. For repeat DUIs, the registration of the vehicle can also be canceled.
Ignition Locking Device
In some cases, the judge might ask the convicted party to install an ignition-locking device on their car. This device will make the person breathe into the device. The ignition system of the car will be locked and the device will unlock it only if the BAC of the driver is at an acceptable level. The device is programmed to randomly ask for breath samples again even when the engine has started. The convicted party has to install this device for a certain period.
If you have been convicted of a DUI offense, make sure you contact your DUI lawyer in Houston regarding the case. They will help make sure you get the minimum punishment.
Call Butler Law Firm today for more information.