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Drunk Driving: Frequently Asked Questions

One of the scariest driving violations that you can have is a DUI. Most people go out of their way to avoid being charged with such a crime. At the same time, most drivers are unaware of the conditions that can get them into trouble.

If you are a part of this group, there is also a good chance that you may not know what the exact consequences of a DUI are, either. Well, if you want your questions answered, then you have come to the right place. Here is everything that you need to know:

How Much Can You Drink Before Driving?

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Most people are confused about how much you can drink before you drive. Most states will charge you if you have a Blood Alc*hol Content over 0.08 percent. However, even if your BAC is much lower than this, you may still be arrested.
Police officers may charge you with driving under the influence, even if you have only had one drink. If they feel that you have been driving recklessly and that has contributed to the situation, you will be arrested. Thus, it isn’t enough to only use the BAC as a guiding point.

What are the Possible Charges?

So, what are the consequences of such a charge? For instance, you may be wondering, can you drive with a DUI lawyer from Torontodui.com? Well, there are several possible outcomes. As long as you comply with a Breathalyzer test, your driver’s license will not be revoked. However, the officers or the Courts may restrict your driving capabilities in one or more ways.

You can certainly expect a fine, and the exact amount can vary quite a bit. However, each state has a minimum and maximum limit. DUIs are now often accompanied by jail time. If this is your first offense, though, you may be given probation instead. There is a good chance that you may have to attend a driving school for offenders. You must speak with an excellent attorney to get a clearer idea of what the top penalties might be with such a charge.

What are Zero Tolerance Laws?

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You should also be aware that zero tolerance laws exist with such charges. In the case that you are under the age of 21, for instance, you aren’t allowed to consume any drink at all before you drive. Thus, even if your BAC is negligible, you can still be arrested, especially if your driving is impaired.

Most states will also come down on you quite hard if you have a child in the car with you. In this case, the charges may be increased to an aggravated DUI that is also coupled with endangerment. It is also possible that it may be elevated from a simple misdemeanor to a felony charge.

These are the top answers for any questions that you may have regarding driving under the influence. Now that you are aware of these details, you can take more strident steps in avoiding this situation. For a better understanding of such events, make sure to call an experienced lawyer. They will be better qualified to answer all the questions you may have regarding that matter.

What happens if the dosage is less than 0.3 grams of ethyl per liter of blood?

Until before October 29, 2012, it was considered a severe offense or violation for driving a vehicle in poor physical or mental condition; However, from that date, it is not sanctioned by law.

What are Minor Injuries, Less Serious Injuries, and Serious Injuries?

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Minor injuries are those that produce illness or disability for a time not exceeding seven days; The least severe injuries are those that cause some sickness or impediment to work for less than 30 days. And severe injuries are those that leave the offended, sick or disabled for more than 30 days.

What is the difference between “license cancellation” and “perpetual inability to drive”?

It is that with the cancellation of the license, after 12 years, you can appeal in Courts to recover your permission.

If my driver’s license is canceled, will I be able to get a license again in the future?

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The law has contemplated the possibility of lifting this measure and obtaining the license after it has been canceled, meeting the following requirements:

Requriments:

1. That 12 years have passed since it was canceled.

2. That there are new antecedents that allow a reasonable estimate that the danger to traffic or public safety that imported the driving of motor vehicles by the offender has disappeared.

What happens if I refuse to undergo respiratory tests or scientific examinations or flee the place where the control is required?
In this case, the judge will be able to appreciate it as a qualified antecedent, which can give sufficient value to establish the state of drunkenness or influence of narcotic substances.

Are jail terms changed with the new law?

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The new law does not change prison terms. It focuses on a significant increase in license suspension time.

In these cases, can the wrong caused be repaired through deposits in the court account?

No. The law expressly excludes the possibility of configuring this mitigation in the case of this crime.

If a conditional suspension is reached, is it possible to exempt from the license suspension?

The conditions established for the suspension of the procedure will, in no case, allow the exemption of the license suspension but instead will replace the imposition of the other sanctions that this crime brings (consequence prison and fine).

How much do I mark 0.3 or 0.8?

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It depends on multiple factors, such as sex, height, weight, and metabolism, among others.

Is the law retroactive?

The old law will govern violations committed before the publication of the new law.

Why does the law include a respiratory test?

Because this respiratory test delivers the result in a couple of minutes and does not require transferring the offender to a health center, it streamlines the police inspection procedures, allowing an increase in the number of controls.

Can my license be suspended just for driving under the influence of booze or drunk, even if it does not cause any damage?

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Yes, if they surprise you:

  • For the first time driving “under the influence of drink”: three-month suspension.
  • For the first time driving “while intoxicated”: two-year suspension.
  • For the second time driving “while intoxicated”: five-year suspension. For the third time forcing “while intoxicated”: cancellation of the license.

Is it true that with the new law, they can take away your license forever?

Yes. If you drive while “drunk” and cause serious injuries or someone’s death, you will lose your license for life, and you will never be able to drive again. Also, if you are caught for the 3rd time driving while “drunk,” without necessarily causing damage or injury, your license will be canceled. In the latter case, only after 12 years, you can appeal in Courts to recover the license.

About Marta Sebos