本身法律的含义

女人服用酒精呼吸测试

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Every state in the U.S. and the District of Columbia now have本身酒后驾车laws on the books. Those laws state that any driver found to have a blood-alcohol concentration (BAC) of 0.08 or greater is guilty of driving under the influence.

"Per se,“是一种拉丁语,意思是”自身“。换句话说,自身拥有0.08个BAC意味着您在醉酒时犯了罪,而不考虑任何其他证据。

If you are stopped on suspicion of drunk driving and you record a 0.08 BAC on either abreath test或者以后验血, you will be found guilty of DUI on that information alone. The state does not have to prove that you were impaired, that you crossed a traffic line, or failed a field sobriety test.

However, if a driver has a BAC of 0.08 and the arresting officer observed obvious signs of impairment—such as slurred speech or weaving in traffic—additional driving while impaired charges could be filed along with the driving under the influence or driving while intoxicated charges.

Can You Get a DUI With a BAC Less Than .08?

Additionally, even if your BAC is less than 0.08, you can be charged with impaired driving in most states if the arresting officer can provide specific evidence that you were driving while impaired.

Failing afield sobriety testwhile being filmed on a patrol car's dashcam has gotten many a driver convicted of drunk driving even with a BAC less than the legal limit.

每个SE DUI法律工作都与之相同zero-tolerance drunk driving laws用于未成年人。每个州也有法律使其在21岁以下的某人违法行为,在其系统中使用任何水平的酒精。

自2005年以来的每个州的硒法律

Due to the efforts of anti-drunk driving groups like Mothers Against Drunk Driving, every state in the U.S. had passed per se DUI laws by 2005. A federal transportation funding bill threatened to take away highway funds from states that did not pass the 0.08 standard for drunk driving by 2005.

推动对全国范围内的DUI法律水平的推动受到科学研究的启发,表明标准将显着降低酒精相关的公路死亡。

In fact, since the passage of per se drunk driving laws by all states, the National Highway Transportation Safety Administration reported that U.S. drunk driving fatalities have declined from 13,592 in 2005 to 10,076 in 2013.

律师会帮助吗?

由律师运营或赞助的网站强烈建议您联系律师,如果您被指控DUI or DWI或其他一些醉酒驾驶相关费用。他们建议你和经验丰富的人说话DUI attorneyas soon as possible to "protect your rights" and to determine if there are any "defenses available to you."

However, if you recorded a BAC level of 0.08 or greater at the time of your arrest, hiring an attorney just might be a waste of time and another expense in what is already going to be a very expensive journey.

What About Drugged Driving Per Se Laws?

Many states are passing new laws to address the growing problems ofdrugged driving。一些州通过了法律规定了在系统中存在某些药物的确切限制,让某人犯有吸毒驾驶。

然而,大多数有吸毒驾驶法的州都通过了零容忍法律,这意味着如果您在系统中有任何可检测的某些药物水平,则可以被判犯有毒驾驶罪。

Because tests for the presence of drugs in your system are not as cut-and-dried as tests for blood-alcohol content and there are so many factors that could affect the results—such as the length of time some drugs will remain in the system—getting an attorney for a drugged driving charge might be advisable.

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  1. National Highway Traffic Safety Administration.药物本身法律:对各州的使用综述。Published July 2010.

  2. Centers for Disease Control and Prevention.Sobering的事实:酒精障碍驾驶州的事实表。更新了2020年8月26日。

  3. Centers for Disease Control and Prevention.21岁最低法律饮酒年龄。Updated September 3, 2020.

  4. National Highway Traffic Safety Administration.Presidential Initiative For Making .08 BAC The National Legal Limit - A Progress Report。Published January 2000.