A person may be charged with driving under intoxication (DUI) charges even if they appear sober. If police stop someone and suspect they are over the legal limit, they may charge them with a DUI. The person may not even realize they are over the legal limit.
A DUI conviction can have grave consequences: suspension of one’s driver’s license, fines, and active prison time. If you or someone you know is charged with a DUI, it is vital to seek out a tough and innovative attorney to advocate for you. Speak with a Milton DUI lawyer today.
How Can a Person Be Charged with Driving Under the Influence?
Milton takes driving under the influence of alcohol quite seriously. There are two ways police can charge someone with driving under the influence of alcohol:
- If based on the results of a chemical test, someone has a blood alcohol level over .08, they are driving under the influence.
- Even without a blood test, someone can face DUI charges if the state can prove that person consumed some combination of drugs and/or alcohol that made it unsafe for them to drive. They might base this on field sobriety tests, how someone was driving, or mannerisms and appearance the arresting police officer observed.
There are exceptions to the above rules. For commercial drivers in a commercial vehicle, the allowable blood alcohol level is .04. For drivers under age 21, there is “zero tolerance.” This means driving with a blood alcohol level between .02 and .08 will result in at least a six-month suspension of the driver’s license, as well as fines. An alcohol level above .08 will result in a 12-month license suspension.
What Happens After a DUI Conviction in Milton?
Consequences for a DUI conviction are worse if it is a repeat offense. If someone faces their first DUI charges within a ten-year period, they could have to complete some combination of up to one year in jail, a fine of up to $1,000, 40 hours of community service, probation, a DUI school, and alcohol evaluation. For a first DUI charge, the law requires someone serve a minimum of 24 hours of active jail time, after which the court can suspend the rest of their sentence, and have them serve probation.
A second, third, and fourth DUI conviction within a ten-year period will result in increasingly stiff consequences. A fourth DUI conviction in 10 years is a felony, which carries between one and five years in prison. In certain circumstances, people with DUI convictions can obtain a limited driving privilege. They may be able to drive under specific circumstances – like to work – during the period of suspension.
Possible defenses might include errors in the way that field sobriety or blood alcohol tests were conducted, or other issues with the evidence in the case. However, refusing a sobriety test may result in an automatic one-year revocation of a person’s license.
A Milton DUI Lawyer Can Help
You should seek the counsel of a knowledgeable Milton DUI attorney if you or a loved one faces DUI charges. An attorney could begin identifying defenses and learning about your case in preparation to fight for you, and also guide you through the process step by step. Call today to set up a free consultation.