Driving under the influence (DUI) is driving a vehicle when a person is under the influence (drunk, intoxicated, tipsy) of an alcoholic beverage or a drug or both. If you are facing these charges, contacting a specialist at Cole MacGregor & Collins, LLP might be your most important step, even if it is only for the free consultation.
A person is under the influence if as a result of drinking or consuming an alcoholic beverage and or taking a drug, his or her mental or physical abilities are so impaired that he or she is no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances.
An alcoholic beverage is a liquid or solid material (food) intended to be consumed that contains ethanol. Ethanol is also known as ethyl alcohol, drinking alcohol or alcohol.
A drug is a substance or combination of substances, other than alcohol, that could so affect the nervous system, brain or muscles of a person that it would appreciably impair his or her ability to drive as an ordinary cautious person, in full possession of his or her faculties and using reasonable care, would drive under similar circumstances. This includes but is not limited to illegal drugs, prescription drugs or medications as well as over the counter drugs and medications.
If the person was under the influence of an alcoholic beverage and or a drug, then it is not a defense that something else also impaired his or her ability to drive such as epileptic seizure, inattention or falling asleep.
It is also illegal to drive a vehicle when a person's blood alcohol level was .08% or more by weight at the time of driving.
If a person is under 21 years of age at the time of driving, it is illegal to drive a vehicle when that person's blood alcohol level was .01% or more by weight at the time of driving.
It is illegal for any person who has .04% or more by weight of alcohol in his or her blood to drive a commercial motor vehicle.
Driving under the influence (DUI) can be a misdemeanor or a felony depending on if a person has prior driving under the influence (DUI) convictions or prior felony driving under the influence (DUI) convictions. Call Cole MacGregor & Collins, LLP at 949-296-1018 today to set up a free consultation with an attorney who can give you clear and concise information about what your rights are.
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