Most people do not have a very good understanding of how the law treats DUIs. It is important for you to never drive while intoxicated, but you should also know which laws are actually in place so you can be certain that you are protected. For example, did you know that there are actually two laws which relate to DUIs? Many people have no idea, but it can affect whether or not you are arrested. Learn more by reading this guide.
The First Law
The first DUI law is the better known of the two. It states that you cannot drive with a blood alcohol content level above 0.08. This law is objective and straightforward. If someone’s blood alcohol content level is above 0.08, then there is no question whether or not they have broken the law.
The Second Law
The second DUI law is a little less known. Unlike the first law, this one is subjective in nature. It states that you cannot drive while impaired. As you can tell, what qualifies as impaired is pretty vague. It is essentially up to each police officer to decide whether someone is too impaired to drive safely. If a police officer makes this decision, then someone can be arrested and charged with a DUI.
Additionally, because this second law does not mention alcohol, it makes it possible to be arrested for other mind-altering drugs. This law is the reason why you can receive a DUI for driving while high.
It may seem strange or unfair that this second law is subjective in nature. However, this is designed intentionally so that all unsafe driving behavior is covered. Alcohol affects different people differently. It is possible to be too intoxicated to drive safely even with a blood alcohol content level below 0.08. The laws are set up in such a way that anyone driving in an unsafe manner will be stopped, regardless of what specific details might apply.
Now that you understand the two laws that govern DUI cases, you know how important it is to never drive while impaired in any way. Because the second law is subjective, you should always play it safe. If you are anything less than completely certain in your ability to drive safely, you should never get behind the wheel. If you have already been accused of a DUI, the very first thing you should do is speak with a drunk driving attorney in Bloomington, IL. You should have a lawyer to represent you from the beginning.
Thanks to Pioletti, Pioletti & Nichols for their insight into criminal law and DUI laws.