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What is a DUI Arrest?

DUI or Driving under the influnece of alcohol or drugs is a very serious offense in United States. All States have enforced law to restrict this practice in various ways. The law considers a person having blood alcohol content above 0.08% to be guilty of DUI. On the other hand, driving under the influence of alcohol legally is known as Buzz Driving. The police get to decide whether you are guilty or not. Scientifically it has been proved that a person with even a BAC of .05% is impaired to drive properly. As such you cannot question a police officer for subjecting you to a DUI Arrest even if your BAC is below .08%.

For this, the law enforcement officers resort to using three different methods. The first is simple observation wherein the police make note of the general behaviour of the driver at the time of such checking. The second method is the sobreity test. The officer can ask the driver to do some exercises like walking on a straight line. The third method is use of Blood Alcohol Test. This requires the driver to blow through a portable breathanalyzer unit, which calculates the amount of alcohol in the blood of a person’s body. They use a mathematical formula to calculate the amount of alcohol in the person’s breath, blood and urine.

The penalties imposed in a DUI case can be very complicated. The severity of the penalties imposed on you depends on your general response to such DUI Arrest. In cases where the BAC count goes above .20%, the penalties imposed could be very severe. They also take into account other facts like did you refuse to take the Breathanalyzer Test, do you have a previous DUI record in the past seven years and whether you were driving with a speed in excess of 20 mph. Having a minor (under 14) in such a situation also worsens the scenario. The other thing to consider is the law of the state where you are arrested.

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