Celebrations, such as New Year’s Eve and the upcoming Super Bowl, often lead to too much drinking or extended happy hours, which, with the added dangers of wintery road conditions, could eventually lead to road accidents. A simple adult DUI offense that resulted in injury or fatality is actually two offenses: first is driving under the influence (of alcohol or drugs) and, second is driving with a BAC (blood alcohol level) of 0.08 percent or more. These two are separate offenses that you need to defend yourself from in court should the need arise.

Depending on the state, each has their own rules and laws regarding DUI and driving with BAC level over 0.08 percent. To be able to be charged for a car accident with these offenses, the violator should be (1) operated a vehicle (including a boat, in some states) and (2) you operated the vehicle despite being physically and mentally impaired to a certain degree. In some states, DUI only requires the violator to drive on public roads, while other states can charged a person with DUI even while inside private land. The best way to be sure about DUI laws is to read about them.

When arrested, it is important for the violator to be given and informed of their “chemical test” rights. Chemical tests include breath, blood and urine tests. This usually describes your right of getting a blood and urine sample for your own test, and the possible repercussions of your refusal to take a chemical test. Failing to inform you of the repercussions can give you the chance to challenge the decision of suspending your driver’s license.

After a violator who caused the car accident refused to admit for a chemical test, he will be liable to sanctions, including suspension of driver’s license among other things. In some states, refusal for a chemical test can put a violator at risk of being criminally charged in addition to having the DUI charge.

If an individual finds themselves in a situation such as this, it may be helpful to seek the assistance of a legal professional who is experienced in handling alcohol related cases. A lawyer who focuses on defending DUI cases can help you reduce penalties or help you clear a criminal record.


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