Important DUI Law Basics You Should Understand

Whether you have already been charged with driving under the influence or you simply want to know how to avoid being arrested for this offense, there are a few DUI-related terms that every American adult should be familiar with. These terms help to briefly explain important matters of DUI law. Understanding them will help you to avoid drunk driving, to properly react should you ever find yourself arrested for drunk driving and/or to better understand the charges against you.

First, it is important to understand the concept of blood alcohol content. BAC is the measurement of alcohol in your bloodstream. It can be measured by breath, urine and blood tests. It is legal to drive with some alcohol in your system, provided that you are not a minor and have no legal restrictions on your intake of alcohol associated with previous convictions. However, if your BAC exceeds the legal limit of .08 (or some other measure depending on your unique circumstances), you can be charged with drunk driving.

Second, it is important to understand the concept of implied consent. When you decide to operate a vehicle on roads in certain states, you may become subject to their implied consent laws. These laws hold that by operating your vehicle within a given state that you have implicitly consented to certain blood alcohol testing measures.

If you refuse to submit to these blood alcohol tests, you will be automatically penalized as a violator of that state’s implied consent laws. Not every state has these laws, so it is important to speak with an experienced attorney if you have questions about the laws enforced by the state in which you reside or are traveling.

Source: Findlaw Blotter, “5 DUI Terms Every Driver Should Know,” Daniel Taylor, Aug. 7, 2014