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“Drunkard Law”: DUI Liability

It is a fundamental postulate of the state that when a person violates a law with his capriciousness, then there is no other choice, except to impose the corresponding penalty which is meant to correct the grave error committed. Nonetheless, notwithstanding the threat of fines and penalties, there are still drivers who prefer deviating from the rules of law rather than rendering obedience thereof.

Unfortunately, the case is an undisputed fact in every state which the driving under the influence of drugs or alcohol is a prevalent issue. This is not apocryphal as the official record so attest that the said unlawful act is already one of the top causes of fatal accidents in the United States. And as further exemplified by the sufferings of the victims, the DUI is now a threat not just to one’s treasured property, but also to the innocent lives taking a journey along the highway.

Hence, as for the time being, it is a challenge for both the state authorities and the drivers to stop the evil of irresponsible driving and start anew with the hope for safe travel and loyal obedience with the traffic laws. This legal crusade may be tough to pursue, but its commencement would lead nowhere else but in the realization of ultimate justice and harmony for everybody.

At any rate, whatever act the state should initiate, it is likewise the voice of the people. Thus, any law enacted and promulgated for the imposition of penalty in every wrongful act is, logically, a rule approved by the people to punish their unlawful acts. In juxtaposition with the DUI law, the driving under the influence of alcohol or drugs is one example of an act against the law of the state. The reason why an offender of such law may be fined or penalized as a consequence in violation thereof.

Specifically, the law provides that an offender may be obliged to take a driving program and penalize from six months to one year revocation of license for the first violation, and ten days to nine months incarceration for the second violation. Likewise, the said violations have corresponding fines which may reach up to $5000, and that may be a great burden to the offender’s pocket.

Nonetheless, the offender has nothing to worry about the determination of his guilt. It is the official duty of the authorities to follow the due process of law. Thus, a driver cannot be stopped along the road if there was no probable cause in doing so. It can be legally done only when the authorities have detected an unusual movement of the car. In the case where the driver has already been stopped and pulled out of his car, he still has the right to refuse for any test, but it must be noted that the refusal would lead to the suspension of the license for one year or more in the first offense.

Meanwhile, the tests commonly administered by the authorities involve the physical and clinical examinations. The authorities, during the physical examination, may request the driver to either look at his nose straightly or walk on the straight line in a normal pace. If such test is passed by the driver, the law enforcers may then proceed to the clinical examination which may include the determination of the alcohol level of the offender through his saliva or blood. Hence, when the alcohol level exceeds with the limit provided by law, the driver then could expect nothing, except to face the liability imposed in such violation.

In such critical stage, it is really of great necessity for the driver to seek for an assistance of a competent DUI attorney who cannot just protect his rights, but could also lessen, if cannot be totally eliminated, the consequences or liabilities of his wrongful acts. The said attorney rightfully knows how to pass through the “hole of a legal needle”, and twist the climax of the ending of the whole story.

Contact us! We have a competent lawyer reserved just for your case.

Categories: DUI Cases
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