Quick Guide to A DUI Conviction

What is a DUI Conviction?

A DUI conviction is the result of an individual illegally and unlawfully operating a motor vehicle while possessing a blood alcohol level that exceeds the expressed legal limit required to do so in a lawful and safe fashion. A DUI conviction can only take place as a result of the legal administration of blood alcohol examination, as well as an individual’s blood alcohol level considered to inhibit impairment.

DUI Conviction through BAC analysis

Blood alcohol content is defined as the amount of alcohol that is present within an individual at the time of an arrest; the content of alcohol in correlation to its prominence in the bloodstream of an individual illustrates this physiological analysis – the investigation of blood alcohol content allows law enforcement agents to gauge the level of intoxication displayed by an individual. Due to the fact that the presence of alcohol – as well as illegal drugs and controlled-substances - can be monitored through this type of medical analysis, this provides for the substantiation of a presumed state of intoxication that is considered to be admissible for a DUI Conviction within a trial; however, this admissibility is contingent upon the process of the collection of evidence is done in a fashion that is congruent with any or all expressed legal stipulations and parameters. Blood alcohol level testing can take place in the following forms:

DUI Convictions and Blood Alcohol Percentage

Although the percentage of blood alcohol content (BAC) permitted within the legal operation of a motor vehicle may vary depending on the location(s) in which an individual has been suspected of operating a motor vehicle while under the influence of illegal drugs, alcohol, or controlled-substances, the establishment of a specific blood alcohol content level will always regulate and assess legal operation of a motor vehicle. 

Within the United States, a majority of states have instituted .07% BAC as the legal limit under which an individual can operate a motor vehicle - .08% BAC will typically result in a DUI or SWI charge. However, the following stipulations may apply in terms of the analysis of blood alcohol content:

DUI Convictions Resulting from Impairment

In the event that alcohol has been consumed prior to the operation of a motor vehicle – or an individual is operating a motor vehicle while in an intoxicated state – an analysis of blood alcohol content can be instituted; the degree of alcohol present within the bloodstream of an individual may dictate the severity of any applicable sentencing – individuals who display blood alcohol levels that well-exceed the specifically-imposed legal limit may be subject to DUI felony charges, which can include an aggravated DUI charge

What is a Minor DUI Conviction?

Individuals who illustrate blood alcohol content levels that mirror a specifically-imposed legal limit – or convey blood alcohol levels that fall slightly above or below an expressed legal limit – may be privy to sentencing that is far less severe than individuals convicted of felony DUI charges – however, a periodic loss of a drivers’ license is typically mandatory in the event of any DUI charge or DUI conviction

Related Topics