I had never been so afraid as when I thought I was going to jail for DUI. Drunk-Driving-Law.com did everything they could and got my offense lowered to a moving violation. Worked out pretty well, considering.
I probably shouldn’t have been driving after a 16 hour shift, but I definitely wasn’t drunk. The attorneys at Drunk-Driving-Law.com got my charges dismissed due to lack of evidence, which is exactly right.
This was my 4th or 5th violation, so I was quite sure that was the end of my license. Luckily a friend gave me a tip on Drunk-Driving-Law.com and they were able to show that my sobriety test had been mishandled. The charges were dropped…tremendous!
I hadn’t had a DUI in about 10 years, but with the old ones I was facing over a year in jail. Drunk-Driving-Law.com put in overtime to get my case dismissed and I’ll never forget it.
Jeffersonville, Indiana City Information
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Jeffersonville, city, seat (1802 - 10; 1873) of Clark county, southern Indiana, U.S. It lies along the Ohio River (there bridged) at the head of the Falls of the Ohio, opposite Louisville, Kentucky. Built on land occupied by old Fort Steuben, it was laid out in 1802 on a plan suggested by President Thomas Jefferson, for whom it was named. The city prospered in the 19th century as a steamboat (river packet) building centre, turning out many paddle wheelers, including the renownedNatchezandJ.M. White , but in 1937 it was inundated by river floodwaters. Located in an industrial and agricultural (grain, strawberries, tobacco) area, Jeffersonville is a barge terminal for river transportation and has shipyards. Fifty years after the last of the packet boats was built, the city produced the largest river steamboat made to that time, the 382-foot (116-metre)Mississippi Queen , commissioned in 1976 for luxury overnight cruises. Other manufactures include soap, kitchen cabinets, steel, and electronic components. Jeffersonville is the site of the Howard Steamboat Museum. Inc. town, 1815; city, 1830. Pop. (2000) 27, 362; (2010) 44, 953.Statue of Thomas Jefferson, Warder Park, Jeffersonville, Ind. C. Bedford Crenshaw
Elements of a DUI Offense
Just about everyone's got a DUI story these days, and there seem to be as many contradictory rules around drunk driving as there are tales of woe. The fact is that many jurisdictions define driving under the influence differently. Even so, there are many common elements and overlapping definitions. Here's a broad overview of how DUI is defined and what authorities must generally prove to get a DUI conviction.
Definition of Drunk Driving
Most state laws define crimes of drunk driving as driving a motor vehicle on a road or highway while under the influence of alcohol. This can mean that you have driven poorly, even if your blood-alcohol concentration (BAC) is low. Newer statutes also provide for what is called a 'per se offense,' which a person commits when driving a motor vehicle on a road or highway with a blood-alcohol concentration of .08 percent. This means that even if you have driven perfectly, you can still be charged with driving under the influence.
The 'Driving' Element of DUI Laws
Several state statutes require a person to be driving a vehicle in order to be convicted of a drunk driving offense. Other states use the terms 'operating a vehicle' or 'being in actual physical control of the vehicle.' These terms are not normally synonymous, so it is important to determine how an individual state defines the term in its laws.
A number of questions may arise that relate to the 'driving' element of a drunk driving offense. For instance, a person may be in a car without turning on the ignition. The question in some cases is whether the person was driving or operating a vehicle or whether the person was using the vehicle as a temporary shelter. Courts in various jurisdictions have identified several factors that may be used to determine whether someone has been driving a vehicle. These are generally:
The location of the vehicle (on or off roadway);
The location of the driver (where in the vehicle);
The location of the keys in the vehicle (in or out of the ignition); and
The operability of the vehicle (could the vehicle be driven).
The 'Under the Influence' Element of DUI Laws
Officers generally use three types of evidence to determine whether a driver was under the influence: field evidence, driver evidence, and blood-alcohol evidence. Field evidence is normally collected by police officers and may fall into one of five categories:
Testimony regarding the driver's unusual driving;
Testimony regarding the driver's conduct or physical appearance;
Testimony regarding the defendant's performance during a field sobriety test;
Tapes, film, and/or photographs taken at the scene where the defendant was driving and/or arrested; and
Incriminating statements made by the driver.
Police officers will often look at the driver's physical appearance and symptoms of drunk driving in order to determine if there is evidence that the driver is intoxicated. The following are some of the more common symptoms of intoxication:
The defendant's clothes are disheveled;
The defendant has not shaved or combed his or her hair;
The defendant's eyes appear to be red, glassy, or bloodshot;
The defendant's face appears to be flushed;
The defendant's breath smells like alcohol; or
The defendant's speech is thick and slurred.
Finally, the defendant's BAC level can be determined through one of three methods. The most common of these methods involves an analysis of the defendant's breath. Other tests analyze the blood or urine of the defendant. Refinements in the methods by which a defendant's BAC is determined have strengthened the ability of prosecutors to prove this BAC. However, these tests are not above reproach, and skilled defense attorneys may be able to successfully attack the methods by which the defendant's BAC was analyzed. While a driver can refuse certain BAC tests, there can be serious penalties for refusal.
Have an Attorney Review Your DUI Case for Free
The details of driving under the influence elements can be difficult to figure out. If you have been arrested or charged with DUI, you likely will benefit from the assistance of an experienced attorney. Although lawyers are not cheap (they provide a valuable service, after all), you can have your DUI case reviewed today at no cost to you.
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