Overview of DUI Law.

Most state DUI LAw postulates that a typical DUI is a misdemeanor violation.

In extreme circumstances one can be charged with a felony. What is the difference between a misdemeanor DUI and a felony DUI ? Misdemeanor DUI charges mean no injury or property damage had occured, and the penalty(at its absolute worse) is up to 6 months in jail. In a typical misdemeanor DUI case, you will not have to do any jail time. A felony DUI involves an injury and the penalty could be as much as up to one year in a state prison. A felony DUI is considered a serious criminal offense, unlike a misdemeanor DUI. For most people the later is an inconvenience that does not leave a permanent "scar" on your ability to get a job, etc. A misdemeanor DUI is not likely to have severe impact on your life, whereas felony DUI in all likelyhood will. The severeity of consequences, of course, vary from case to case.

It must come as of no surprise that drunk driving is a criminal offense. How exactly is the term "drunk" defined?

The most common understanding of the term is when the person starts to stumble and fall, lose coordination, have slower reaction times, lose the ability to process information, experience visual impairments or go through personality changes.

This is hardly an adequate definition as far as DUI Law is concerend. How exactly is DUI (DWI) measured for legal purposes? In US, one can be charged with DUI if his or her blood alcohol content (BAC) is ver 0.08%. For an 150lb man, this is equivalent to drinking over 2 standard drinks in under an hour.

Alcohol and or drugs: (b) It is unlawful for any person who has a .08 percent or more by weight to drive a vehicle.

This more exacting definition of what it means to be under the influence was put in the vehicle code in 1982 and is considered "per se". When you are arrested for DUI and you must submit to a chemical test, the results of that test can be used as evidence in court. this is called presumptive or prima facie evidence. Technically, prima facie means "at first view." Legally, it means "adequate to establish the fact unless refuted" (proved wrong).

Illegal "per se" DUI Law means that no evidence other than the results of a properly obtained chemical test are required to convict the defendant. In other words, if your chemical test results are a .08 your considered under the influence according to DUI law.