Honolulu Dui Attorney Explains Driving Under The Influence

After a DUI arrest, you will want to hire a competent DUI Attorney in order to best have your rights defended. It's necessary that they are very knowledgeable of intoxication levels and how they are related to the laws of DUI.

1. What does DUI stand for?

What is Driving Under the Influence? This is a criminal offense. Because of the fact that it is illegal to drive a vehicle on public roadways while under the influence of alcohol or other intoxicating substance, DUI is a crime. In these statutes, the word "intoxicated" is used rather than "drunk".

2. What is the meaning of the word, "intoxicated"?

You can be "intoxicated" without being drunk, but you cannot be drunk and not be intoxicated.

The DUI statute decides "Intoxicated" in two ways. First, a driver is "intoxicated" when, by using alcohol, drugs, controlled substances or any combination of those, she or he no longer has the use of "normal" "physical" or "mental" faculties. "Intoxication" is defined as a state when one's alcohol concentration is .08 or higher.

3. Exactly what are "normal" physical and mental faculties? How is "normal" defined?

The "normal mental and physical faculties" in the statute is referring to are the ones of the specific individual who was arrested. They are not generalized to some fictitious average person, comparable to those of the arresting officer, or the jurors in a DUI trial. In fact, "normal" is a subjective term and refers to a several different measurements of response in the person who is under arrest. To give an analogy: "normal" would not be some point on a 12" ruler. However, it is explained better as the distance between two specific points on the ruled for example, somewhere between 2" and 8".

4. How much is .08 alcohol concentration?

The definition of alcohol concentration by statute is:

a. the number of grams of alcohol per 100 ml of blood;

b. the number of grams of alcohol per 210 liters of breath, or

c. the number of grams of alcohol per 67 ml of urine.

Even if you have been drinking, it is extremely difficult to tell if your blood alcohol concentration is .08 or higher. Aside from that, the alcohol concentrations described here are not all the same in every circumstance. In some instances, these concentrations may indicate a person is guilty, while in others, they may be an indication of innocence. By definition, a person may be found guilty of intoxication due to having a concentration of .08 blood alcohol and simultaneously be found innocent of intoxication due to a lack or impairment of physical and mental ability.

The law states that it is a crime of DUI when an individual operates a vehicle at a time in which the alcohol concentration in his or her body is .08 or higher. You are not breaking the law if your BAC is .08 before or after driving. The time at which the test was taken is very important. It determines whether or not the alcohol concentration measured is actually applicable to the time at which the suspect was driving a vehicle.

The timing of the test in question might offer a test of skill for the prosecution as well as the defense team representing the individual charged with DUI. Rarely is an alcohol concentration test done right at the time of or just after the time of arrest. Your alcohol concentration test may be finished quite a bit of time after driving: usually between 45 minutes and 75 minutes. When this happens, the delay in testing can raise questions. It will be difficult to tell if the person being tested actually had a blood alcohol level that was above the legal alcohol concentration level at the time that s/he was actually driving a car.

It can be difficult to tell if someone is intoxicated while driving. There are a lot of variables that might affect the final judgment and shape your DUI defense.