Driving under the influence (DUI) is a serious criminal offense that can have serious consequences. In most places, a DUI conviction is considered a criminal offense and can result in jail time, a suspended license, and other penalties.
While the laws and penalties vary from state to state, several factors are typically considered when determining whether a DUI conviction is a criminal offense.
In this blog post, we will discuss the various factors that could lead to a DUI conviction.
1. The Amount of Alcohol in the Driver’s Blood
The most important factor that can lead to a DUI conviction is the amount of alcohol in the driver’s blood. In most countries, the legal limit of alcohol in the blood is 0.08%.
If the driver’s blood alcohol content (BAC) is higher than this limit, then the driver can be charged with a DUI offense. In some countries, even a lower BAC level of between 0.05% and 0.08% can lead to a DUI conviction.
2. The Amount of Alcohol Consumed
If a driver is found to have had several drinks in a short period of time, they can be found guilty of a DUI. This is because it is assumed that the driver’s judgment and ability to safely operate a vehicle were impaired.
3. The Driver’s Prior Record
If a driver has a prior DUI conviction, or has been charged with other alcohol-related offenses, they may be more likely to be charged with a DUI and have the conviction deemed a criminal offense.
The Driver’s Behavior While Driving
If the driver is exhibiting signs of impaired driving, such as swerving, speeding, or running red lights and stop signs, then the driver can be charged with a DUI offense. Additionally, if the driver refuses to take a breathalyzer test or is found to have drugs in their system, then they can also be charged with a DUI offense.
4. The Driver’s Age
In most states, drivers under the age of 21 are considered to have a zero-tolerance policy, and any BAC above 0.00% is considered an offense. Additionally, drivers over the age of 21 can still be charged with a DUI offense if their BAC is above the legal limit.
5. The Type of Vehicle Being Driven
If the driver is operating a commercial vehicle, such as a bus or truck, they are more likely to be charged with a DUI and have the conviction considered a criminal offense. This is because the safety of the public is at risk when an impaired driver is operating a commercial vehicle.
6. The Severity of the Offense
If the driver caused an accident while driving under the influence or if the driver has multiple previous DUI convictions, then they can be charged with a more serious offense.
By understanding the various factors that count towards a DUI conviction, drivers can take steps to avoid being charged with such an offense. Drivers should always ensure that they are not driving while under the influence of alcohol or drugs, and should never refuse to take a breathalyzer test if requested.
Additionally, drivers should always be aware of their BAC level and should never drive if their BAC is above the legal limit. By following these simple steps, drivers can reduce the chances of them being charged with a DUI offense.
Are you looking for an auto accident lawyer? If so, look no further than the Law Office of William M. Burgess P.A. We provide the best legal representation to protect our clients from DUI charges in Maryland. Our experienced attorneys are dedicated to helping our clients understand their legal rights and navigate the legal system.
Please contact us online, call us at our Office – (301) 645-3261, After Hours – (301) 653-3333 or visit our office at 200 Washington Ave, La Plata, MD 20646.