We all know what DUI is. We may all know someone (if you don’t, you will be surprised to find someone did) if you ask. We all hope we never get one. However, I don’t understand what DUI charges mean (this may even scare you into becoming more cautious). Therefore, I will discuss two cases created in the DUI case, where each person’s blood alcohol concentration exceeds 0.08.
The.08 is a number that has been, for the most part, selected out of thin air by the National Highway Traffic Safety Administration as the point at which people become also impaired to operate a vehicle. Until about 10 years ago, this number was 1. Why did they give it up? Who recognizes, but it is the number, and again, we have to deal with it.
The first case with a BAC of 0.08 or higher is civil. It is proposed by the licensing department in your state (for some people, it is the automotive department, but it is the same type of organization). According to the current DUI law, a strike of .08 or above will result in an “administrative suspension” of your driving privileges. This is separate from the criminal element of your case.
Commonly with the DOL side of the case, you have 20 to 30 days to appeal the suspension as well as have a hearing to figure out whether or not your license should be suspended. There are typically four concerns that your DUI attorney can suggest why the suspension needs not to be maintained at the hearing. In Toronto, where I live, the success rate is about 20%. If you win, keep the license. If you lose, there is no.
The second case with a BAC of .08 or higher is a criminal DUI case. We almost all know this. Since there may be prison time, you must maintain certain constitutional rights to impose any punishment on you. Eventually, you will reach a plea bargain, proceed to trial or dismiss the case.
It is essential to understand that two separate DUI operations will be performed under any circumstances, as there are deadlines that, if not observed, may affect your driving privileges. You don’t know this is no defence. Even if these two situations occur at the same time, you must handle the two cases separately. Therefore, if you find yourself being accused of DUI and boasting that it exceeds .08, be wary that there are not one but two actions against you.
To avoid missing out on any of the important dates or giving up any of your constitutional rights, the best option is to hire a DUI lawyer immediately in case of trouble. And, if you can’t hire one person, you should ask for one anyway-they must give you one. DUI’s lawyers will be able to keep the police away from you, protect your rights, and protect you from your own worst enemy. Remember, the safest thing is not to drink and drive at all.
551 Gerrard St E Suite 1A
Toronto, Ontario M4M 1X7
Phone: (416) 816-4848
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