Drunk driving is just one of many hazards on American roads. Unfortunately, it’s also one of the most common.
When you’re charged with a DUI it can be hard to know what will happen next. Will your car be taken away or will you just be charged a small fine? Will you go to jail or will you be given another chance to reverse the damage? A DUII diversion is not a straightforward process and can become even less so when you don’t have an attorney by your side. Criminal charges are pressed when a substantial amount of evidence is gathered regarding your past driving habits, criminal record (or lack thereof) and the testimony of witnesses.
You have questions. Attorneys have answers. Look below to learn more about the DUII diversion and what a criminal defense attorney can do to help you.
Drunk driving is at an all-time high. Whether it’s a DUII diversion or a DWI, drunk driving is a term to denote attempting to operate a vehicle while under the influence of alcohol, illegal drugs or prescription medication. Distracted driving is also a major issue that can crossover with drunk driving or be its own charge. Recent estimates have determined that, at any given daylight moment across the United States, over 650,000 drivers are attempting to manipulate electronic devices, change the radio dial or talk to someone in the backseat while at the wheel.
The first thing you should know about a drunk driving charge is that it varies depending on the state. Every day people will drive drunk nearly 300,000 times, but less than 4,000 will actually be arrested. BAC, or ‘blood alcohol content’, is a unit of measurement used to figure out the amount of alcohol in a driver’s system to warrant a charge. The state of Oregon prohibits the operation of a vehicle by a driver with at least a .08% BAC. Compare this to Utah, which recently changed the BAC limit to 0.05%. While terms and details may change, drunk driving is always taken seriously.
The function of a Clackamas County DUI attorney is to ensure all parties are on the same page. The average drunk driver will drive drunk 80 times before their first arrest, making these charges a necessary wall in-between risky behavior and drivers on the open road. Back in 2012 over 10 million people reported driving while under the influence of illicit drugs in the past year, which doesn’t even begin to cover driving under the influence of alcohol or distracted driving. Another study revealed 10% of licensed drivers are under 21, yet are responsible for nearly 20% of all fatal alcohol-related crashes.
When you’re presented with a criminal allegation your first instinct is to ask for advice. Your DUII diversion is not a charge that should be handled alone. A lot needs to be taken into account to determine the veracity of the DUII diversion in the first place. Your criminal record will be looked into to figure out if you’re a repeat offender or not. Witnesses may be questioned to better assess the crash, with cooperation with local law enforcement and street cameras added into the mix. Last, but not least, potential court hearings and your sentencing will be analyzed.
Repeat offenders may be required to drive with an ignition interlock device. This functions by detecting the presence of alcohol on your breath and, if tested positive, will freeze your vehicle and prevent it from working. First-time offenders, on the other hand, may be fined and have their license temporarily revoked. Potential damages, injuries and fatalities are all going to be taken into account, right alongside changing state laws and the unique nature of your case. When your mind is buzzing with questions and the future seems uncertain, a criminal defense attorney is ready to talk.
Reach out to your local law firm and ask them for advice on your case today.