DUI Laws Vary by State
Posted on Nov 15, 2011 10:35am PST
Depending on what state you reside in, the laws regarding DUI can vary.
For example, in one state there are two types of DUI charge. The first, labeled under DUI-23152(a) states that the person can be arrested for being under the influence of drugs and/or alcohol, even if the level of intoxication is below the legal limit. Let's say you were pulled over with a blood-alcohol level of .04. While this would be under the legal limit, your erratic driving coupled with the presence of impairment is enough to allow an officer to arrest you.
The second type of offense, filed under DUI-23152(b), is when you are pulled over and found to have a BAC of .08 or greater. This shows the officer that without a doubt, you are intoxicated and must be arrested for DUI. Even if you were driving perfectly at the time, your BAC infraction alone is reason to detain you and conduct field sobriety tests.
Have questions about the DUI laws in your state? Take the time to consult with a DUI attorney near you.