DUI and DUI conviction are related terms, but they are not the same. DUI stands for “Driving Under the Influence” of alcohol or drugs. It is also known as DWI, which means “Driving While Intoxicated.”
A DUI is issued when a person drives after drinking alcohol and is caught by the police. This is called being charged with a DUI. However, being charged does not mean the person is guilty. To be convicted of a DUI, a court must review the evidence and decide that the person was indeed driving under the influence. Only then does the charge become a conviction. So, a DUI charge is an accusation, while a DUI conviction is an offense proven in court.
Each state defines driving under the influence in its way. These definitions help drivers understand what is considered illegal and explain what the attorney must prove in court to avoid a DUI conviction.
What are the signs that mark a person as DUI?
Once police notice an individual speeding or breaking traffic rules, they stop the vehicle and use any of these methods to see if the individual is under the influence of alcohol:
- Blood alcohol concentration (BAC): If the BAC is more than 0.08%, the person is considered under the influence.
- Field sobriety tests: Officers may ask the driver to walk in a straight line.
- Breathalyzer or blood test: These tests measure the presence of alcohol or drug levels in the person’s system.
- Appearance and actions: Slurred speech, red eyes, or poor coordination may also be considered signs of impairment.
Common Legal Defenses Used by Attorneys to Prove Innocence in a DUI Case
If you are charged with a DUI, your attorney can use several possible defenses to challenge the case and help prove your innocence. Some common valid defenses include:
- Questioning the Accuracy of Field Sobriety Tests: These tests can be affected by factors like poor weather, medical conditions, or nervousness, which can cause inaccurate results.
- Disputing Breathalyzer or Blood Test Results: Errors in the way tests are administered, faulty equipment, or improper handling of samples can affect test accuracy.
- Medical Conditions: Certain health issues or medications can mimic signs of intoxication, such as slurred speech or unsteady balance.
Impact of a DUI Conviction
Once an individual is found guilty, they are subjected to a DUI conviction, which results in various penalties such as:
License Suspension/ Revocation
The consequence of the DUI conviction is the suspension of the license. But the suspension period varies as it depends on the prior driving records, too. You can minimize the impact of these consequences with an experienced attorney who can help you:
- Get a restricted license: Allows limited driving, such as to work or school.
- Attend a DMV hearing: This provides a chance for reconsideration legally
- Complete the required DUI education program: Completion of educational programs reduces penalties.
Financial Penalty
A DUI conviction usually comes with a financial penalty. The amount of the fine varies depending on the state, the circumstances of the offense, and whether it’s a repeat violation. Your attorney can argue on your behalf to reduce these fines or negotiate a payment plan so you can pay the fine over time instead of all at once, making it flexible.
Jail
Jail may be required if the person is a repeat offender, caused an accident, or had a very high BAC. However, an experienced attorney can often negotiate alternatives like community service, probation, or alcohol treatment programs.
A DUI conviction can have serious consequences, but by understanding the difference between a DUI charge and conviction, knowing what signs police look for, and with the right legal support and awareness, you can protect your rights and possibly reduce the impact on your life.
