What Can Result From A DUI
by: dmaillie
status: Old Pro
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Word Count: 457
For the rest of us you will get the book thrown at you and more (some states like New York have a 3 times policy wherein you can permanently lose your license for 3 convictions of DUI or similar offenses unless of course you are a Kennedy, Hilton, or otherwise well connected and financed individual).
The first thing that will happen is a police officer will administer a on site breathalizer test. In lieu of this the officer may use standard physical impairment tests which can range from touching outstretched fingers to your nose to reciting the alphabet backwards (most departments will soon after do a chemical test).
These are the tests you often see on the TV show COPS or other reality TV shows. When these tests were initially implemented they did not take into account people with impairments, disabilities and similar. For instance, a narcoleptic or someone with Aspergers may have considerable difficulty complying with these tests when not under the influence.
What if a dyslexic or similarly afflicted person is made to recite the alphabet backwards? It may be an impossible uphill task regardless if they have been drinking or not. These are actual defenses used by expensive defense attorneys that have worked and had otherwise solid DUI cases thrown out and this is why most police departments are quick to use a chemical test which is almost inarguable in court. This also limits the departments liability for violating civil rights or discrimination.
Each state has its own laws as to what exactly is the legal limit (some are 0.08 percent and others are 0.10). Most have a absolute zero tolerance for underage drivers. So regardless of the alcohol blood percentage, if it is measurable the under aged driver will be charged.
Regardless if you are under aged or of legal age, once it is determined that you will be charged with DUI you will be arrested and read your rights. Then you will be taken to the county jail and processed. If you refuse to take the chemical or breathalizer test you will automatically lose your license for 1 year in most states and be fined. Some states may impose required driving education to get your license back.
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