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DUI With Blood Alcohol Over .16%

Driving under the influence (DUI) offenses in Somerset are treated with a high level of seriousness by law enforcement, as in other parts of the country. If you face charges for operating a vehicle under the influence of drugs or alcohol, it is critical to contact an experienced Somerset criminal lawyer without delay.

Somerset follows a structured three-tier system for DUI offenses, wherein having a Blood Alcohol Concentration (BAC) of 0.16% or higher incurs severe penalties. Known as the highest level of impairment in this system, it can lead to extended license suspensions, significant fines, and even jail time. Seeking guidance from a skilled Somerset DUI attorney with a proven track record is essential in these situations.

What You Need to Know About BAC Testing

If law enforcement suspects DUI, they will typically require you to undergo BAC testing. This testing can include a Breathalyzer test or samples of your blood and urine to measure alcohol concentration in your system. A BAC level of 0.08% or above can result in DUI charges, while a 0.16% BAC is classified as a more severe offense.

Important to note:

  • BAC tests must be performed within two hours of arrest.
  • Failing to cooperate with testing can result in a license suspension lasting one year or more.

Punishments on Conviction

First Offense

  • Imprisonment: 3 days to 6 months
  • Fines: $1,000 to $5,000
  • License Suspension: 1 year
  • Mandatory Enrollments:
    • Alcohol Highway Safety School
    • Treatment program

Second Offense

  • Imprisonment: 90 days to 5 years
  • Fines: $1,500 to $10,000
  • License Suspension: 18 months
  • Additional Penalties:
    • 1-year mandatory Ignition Interlock Device
    • Attendance at Alcohol Highway Safety School
    • Possible enrollment in treatment program

Third Offense

  • Imprisonment: 1 to 5 years
  • Fines: $2,500 to $10,000
  • License Suspension: 18 months
  • Additional Penalties:
    • 1-year mandatory Ignition Interlock Device
    • Compliance with court orders
    • Potential enrollment in a treatment program

Penalties escalate further if the DUI offense results in injury, death, or property damage. You may also face civil lawsuits in these cases.

Whenever faced with such charges, working closely with a trusted Somerset DUI attorney is crucial to understanding your legal options.

How to Interact with Police During a DUI Arrest

When stopped by law enforcement for a potential DUI, remain calm and cooperative. Missteps during your interaction with officers can affect your case. Key points to remember:

  • Stay Composed: Avoid displaying anger or panic.
  • No Admissions: Do not admit to consuming alcohol.
  • Remain Silent: Refrain from making statements without your Somerset criminal lawyer present.

Doing so ensures you do not unintentionally harm your case.

Defense Strategies in DUI Cases

Working with a skilled attorney provides you with strategies to challenge the case against you. Defense options include:

  1. Challenging the Stop

If the officer lacked legal justification during the stop or violated procedures, your case may be contested.

  1. Disputing Driver Impairment

Your lawyer might argue that you were not under the influence or not behind the wheel at the time of the incident.

  1. Reviewing Testing Validity

Your Somerset criminal lawyer can question whether the BAC tests were properly conducted within two hours, as required.

  1. Examining Equipment Accuracy

Testing equipment errors can lead to invalid BAC readings, which can be challenged in court.

How a Somerset DUI Attorney Can Help

When facing a DUI with a BAC of 0.16% or higher, having the right Somerset DUI attorney can make all the difference. A proficient lawyer will:

  • Challenge Evidence

Examine the prosecution’s case in detail and identify any flaws to weaken their arguments.

  • Advocate in Court

Represent you assertively to increase the chances of reduced penalties or case dismissal.

  • Explore Mitigation Options

Even if the charges hold, your lawyer can work toward minimizing fines, lowering jail time, and protecting driving privileges.

For a free consultation with a highly skilled Somerset DUI attorney, contact us today online or via (844) PITT-DUI. Our expertise extends to individuals in Somerset and the surrounding areas, ensuring personalized legal representation.

At Logue Law Group, our attorneys possess the advanced skills needed for DUI defense, fully understanding the intricacies of arrest procedures and BAC testing. Don’t leave your future to chance. Seek sound legal advice and make an informed choice.

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