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DUI Less Safe

You probably already know that it is against the law to operate a vehicle if you are impaired by alcohol—a crime often referred to as driving under the influence (DUI). However, what you may not realize is that due to DUI less safe laws, there is more than one way you can be charged with the offense.

Regardless of the state you are in, it is illegal to get behind the wheel if you have a blood alcohol content (BAC) of 0.08% or higher. As a result, any person caught driving with a BAC above this amount can be arrested and charged with “per se” DUI for violating the federal BAC limit—even if he or she is not impaired at the time.

On the other hand, in many states, you could also be charged with DUI if your blood alcohol content is within the legal limit, yet you show signs of impairment. For example, if you are pulled over for driving erratically and the officer who stops you suspects you are under the influence of alcohol, a breathalyzer may be used to determine your exact BAC. If the test indicates you have even a small amount of alcohol on your system, you could be charged with a “less safe” DUI.

How is this possible? Well, although your BAC may be within the legal limit, your previous actions indicate your ability to drive has been affected by the alcohol in your system—which means you are technically driving while impaired.

Although the penalties for drunk driving vary from one state to another, the typical sentence for a DUI conviction usually includes a hefty fine and a mandatory license suspension. In some areas, it’s even possible that a person found guilty of drinking and driving could spend time in jail.

Fortunately, whether you are charged with per se DUI or less safe DUI, there are many ways to challenge your charges in criminal court and avoid the penalties associated with a drunk driving conviction. If you were recently arrested for driving under the influence, it is important to discuss your case with an experienced DUI attorney in your area immediately, as he or she will be well-versed in the exact laws in your state.

To determine the best defense strategy for your case, submit a free online case evaluation today to locate an attorney who specializes in DUI law.

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