Some people believe they are well informed enough to fight a DUI charge alone, but that assumption is usually a mistake. DUI cases are complicated, and a West Virginia DUI lawyer can provide valuable assistance. Below are five things defendants may not know about DUI.
It’s Not Necessary to Be over the Legal Limit
Most know that the legal BAC (blood alcohol concentration) limit is .08%. However, a defendant does not necessarily need a BAC exceeding .08 to be charged with or arrested for DUI. If the person’s ability to operate a vehicle safely is impaired by drugs or alcohol, they can be found guilty of DUI.
Driving Is Not Required
If a person is pulled over or stopped in a parked vehicle, they can still face DUI charges. The goal of the law is to prevent an intoxicated driver from taking control of a vehicle, and police may assume that the person drove at some point. Even though “sleeping it off” can be safer than driving, the best way to avoid DUI charges is to call a taxi or, failing that, a DUI lawyer in Charleston.
Urban Legends Are False
Some may have heard that sucking on a penny, drinking coffee or using a mouthwash can allow them to beat the Breathalyser test. However, none of these strategies help a person sober up, and some can even cause a higher reading. Criminal defense attorneys who handle DUI cases can help a defendant challenge the field sobriety or Breathalyser test results.
DUIs Aren’t Just for Cars
Drivers of tractors, riding mowers, boats and scooters have faced DUI charges. In some places, unexpected DUI charges can result from using a golf cart after drinking. It is best to avoid operating a vehicle of any sort after ingesting alcohol or drugs.
It Is Possible to Avoid a Guilty Finding
A person’s DUI charges do not allow the state to fulfill the burden of proof, and it is possible for a defendant to plead down to lesser charges. The state must prove guilt beyond reasonable doubt to have a successful case. A West Virginia DUI Lawyer can help a defendant resolve a case while protecting their rights.