Driving under the influence is one of the most serious traffic offenses considering the penalties (jail time, license suspension, mandatory alcohol education, and many others). However, many people aren't well versed on the laws surrounding DUI offenses. Here are three examples of DUI facts you might not know:
It Isn't Restricted To Operation of Motor Vehicles
First, did you know that you don't have to be in a car to be charged with DUI? It is called driving under the influence, but the term "driving" there doesn't necessarily refer to the operation of a vehicle. You can be charged with a DUI even if you are operating a wheelchair, cycling, or even riding a horse.
It all depends on the laws of your state. In many places, the main idea is that you were on, in or operating something that moves. Therefore, don't get drunk if you plan on doing any of those things because you can easily get charged with DUI, even if you don't have a car!
The Car Doesn't Have To Be Moving
According to the Centers for Disease Control and Prevention (CDC), alcohol-impaired driving causes one death every 53 minutes. This is a serious problem, which is why the authorities would do anything to keep the statistics down. For example, in some jurisdiction, you can be arrested for DUI even if the car you are in isn't actually moving.
The main idea is that you are in control of the car, which means you can get it moving at any time. For example, sitting in the front seat of a parked car, especially with the keys in your hand or the ignition, puts you in its control.
Probation Won't Keep You Out Of Jail
The conventional meaning of being sentenced to probation means that the offender avoids jail time by meeting some specified conditions, such as engagement of community service. However, probation may take a different meaning if it is ordered as a result of a DUI conviction.
As explained above, DUI is a serious problem, and the government is working overtime to reduce it. Therefore, you can be sent on probation and still go to jail if you have been convicted of a DUI. This is because some states have mandatory jail times (in county jails) for those convicted of DUI. Moreover, the jail times aren't necessarily short; they range from a few days to several months.
Therefore, don't assume you know everything if you have been arrested for DUI. Prepare for your defense by consulting a DUI lawyer.
Share30 August 2016
When I started my first small business, I had no idea how much I really didn’t know. I was fully prepared to deal with customers, sell product and even handle complaints and returns. What I wasn’t aware of was that there is so much more to it. I was lacking the legal expertise to protect the company and myself. I wanted others to benefit from my experience, mistakes and lessons learned, so I started this blog. From employment law to the legal business contracts you’ll have to sign when you form partnerships, business law is complex. I hope that the information here will help you to be better prepared when you start your business so that you’ll know when you need to call an attorney and when you can handle things yourself.
