Is DUI Considered a Traffic Violation or a Crime?

Understanding DUI: Criminal Offenses and Legal Implications

According to Law Cornell, driving under the influence (DUI) and driving while intoxicated/impaired (DWI) are criminal offenses in every state, involving impairment due to alcohol, drugs, or other controlled substances [1]. While some states use DUI and DWI interchangeably, others distinguish DUI for alcohol impairment and DWI for drug impairment. Jurisdictions may enforce impaired driving laws statewide or restrict them to public roadways and areas accessible to the public.

Law enforcement officers can request chemical testing of a driver’s breath, blood, or urine if impairment is suspected, typically prompted by observed dangerous or erratic driving. Refusal to undergo chemical testing often results in automatic license suspension due to implied consent laws associated with obtaining a driver’s license. Sobriety checkpoints are also used to detect impaired drivers, with the Supreme Court upholding their constitutionality in Michigan Dept. of State Police v. Sitz, balancing 4th Amendment concerns against public road safety interests.

Most impaired driving offenses are charged after a breathalyzer or blood test indicates that a driver’s blood-alcohol content (BAC) is above the federal BAC limit of 0.08%. State law may enforce a lower legal BAC limit. Some states may pursue DUI/DWI charges at lower levels for drivers under the legal drinking age. Some states may also allow charges to be brought without chemical testing results, if there is a suspicion of impairment due to erratic or dangerous driving coupled with a failed field sobriety test

Traffic Infractions vs. DUI: Key Differences and Legal Processes

According to LACD, traffic citations for offenses such as speeding, running red lights, or using a cell phone while driving are classified as infractions. These infractions are punishable by fines rather than jail time or probation. Typically, the DMV assigns a point for each infraction, and certain offenses can lead to license suspension or revocation [2].

Driving under the influence (DUI) is a criminal offense, usually charged as a misdemeanor. First-time offenders can face up to 90 days in jail, while second or subsequent offenses can lead to up to a year in jail. A fourth or subsequent DUI offense may be charged as a felony, with potential prison sentences of up to three years.

Upon a DUI conviction, defendants are often placed on probation for three to five years and required to complete an alcohol education program. Convictions result in a DMV-imposed license suspension and a criminal record, which is visible to employers and landlords.

DUI cases involve multiple court dates and pretrial hearings, with the possibility of a jury trial, whereas traffic infractions typically involve just an arraignment and a trial before a judge, with dismissal possible if the officer does not appear.

Unlike ticket trials in which the case is only heard by a judge or commissioner, a DUI case can be set for trial in front of either a judge or a jury. The defendant can choose a jury trial in which 12 members of the public would hear the evidence and arguments and ultimately decide whether or not to find the defendant “guilty” or “not guilty.” The jury must reach a unanimous verdict

The Presumption of Innocence in DUI Cases: Defense Strategies

In the United States, an accused individual is presumed innocent until proven guilty, meaning the State of California must prove your guilt. Your defense strategy will focus on preventing the state from presenting evidence against you or discrediting the evidence presented by the state or its witnesses.

Every DUI stop is unique, and only an experienced DUI defense attorney can evaluate your specific situation and provide tailored advice.

Common defense strategies in DUI cases include:

• Challenging the FST Results: Field sobriety tests (FSTs) provide clues to intoxication but can be influenced by physical disabilities, medical conditions, or nervousness. Moreover, improper administration of these tests can lead to biased results.
• Challenging the Chemical Test Results: Breath test results can be inaccurate by up to 50%, even when administered correctly. If the testing machine is not calibrated properly or the operator is poorly trained, the results can be even less reliable.
• Questioning the Chain of Custody: Evidence must be properly handled and stored to prevent contamination or loss. If the chain of custody is broken, the evidence can be excluded from trial.
• Discrediting the Officer: The prosecution relies heavily on an officer’s testimony. Given the high volume of stops and arrests an officer makes, they may not remember specific details of your case. A skilled attorney can highlight the unreliability of the officer’s testimony.

Rising Alcohol Level Defense: Alcohol absorption into the blood can take 45 minutes to three hours. If you consumed alcohol just before driving, your BAC might have been lower while driving than when tested later. This is known as the “rising alcohol level” defense.

Related Articles:

• How Do I Lookup a Dui Arrest Record?
• Bail for DUI
• Aiding and Abetting a DUI

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References:

1. https://www.law.cornell.edu/wex/driving_under_the_influence_(dui)
2. https://www.losangelescriminallawyer.pro/difference-between-dui-and-a-traffic-ticket.html