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How to Handle a DUI Charge? 

DUI, short for Driving Under the Influence, refers to an individual who is controlling physically a vehicle while having an impaired judgment due to drug use. This includes prescription medication and alcohol. A vehicle can be defined as an ATV, a snowmobile, a truck, a bus, a boat, a motorcycle, or a car. This depends on the state you’re located in. Almost every state has laws that address specifically drivers of commercial cars or buses.  

 

Today, we’re going to share with you tips on how to handle a DUI charge with the help of Fort Myers DUI lawyers. 

Legal Definition of Drunk 

The legal definition of drunk differs from one state to another. However, every state measures drunk by checking drug or alcohol level in the breath, urine, or blood of an individual. Permitted methods of examination differ from one state to another. Almost every state law establishes that a level of 0.08% BAC is enough to be charged with DUI. Punishments and charges increase in severity as the BAC level increases.  

Keep in mind that every state differs in the level increases which influence changes in charge or penalty.  

Legal Definition of Driving 

Almost every state defines driving as controlling or having real physical control of a car. A passenger won’t be charged with DUI, even if they’re drunk. Usually, the individual charged is the car’s driver. The passenger will only be charged with DUI if the driver were somehow not able to drive and they took control of the car while intoxicated. The reason for this is that the passenger has physical control of the car. A charge can’t be made if the police officer can’t prove who had control of the car.  

An individual should be in a car that is being driven to have enough proof of driving. An individual can’t be charged with a DUI if he/she happened to be sitting in the driver’s seat of a parked car and was under the influence. A running engine won’t be enough to prove someone for a DUI charge. If you’re intending to drive while intoxicated, there’s no criminal offense. Thus, a person should be operating the car while intoxicated for him/her to be charged.  

DUI Charge Laws Differ in States 

DUI is a criminal charge. The laws regarding DUI differ from one state to another. The laws differ with regard to the amount of drugs or alcohol in the system of a person. This defines intoxication or influence as well as the potential punishments and arrest procedures. Every state has some form of the statute dealing with this criminal offense. Aside from DUI, there’s DWI that’s usually referred to as Driving While Impaired. Typically, the difference between DUI and DWI is the amount of drug or alcohol present in the system of an individual at the time of the arrest. In addition to that, a couple of states also have particular laws to deal with people who have a combination of alcohol and drugs in their systems at the time of conviction.