In Missouri, state laws make it a criminal offense if a person operates a vehicle while intoxicated. The offense is referred to as DUI or driving under the influence. The classification is used for drivers who are under the influence of controlled substances too. A DUI defense attorney in St. Peters, MO can identify a defense for the accused.
When Is It Considered Drunk Driving?
The person must be operating the vehicle to face a drunk driving charge. If the person is just sitting in their vehicle, it isn’t a DUI. The engine could be turned on, but if the car is still in park, officers cannot charge the driver with DUI. However, if the person exits the vehicle after they are approached by officers, they could be charged with public intoxication.
What Constitutes a DUI?
A person who is driving an automobile with a blood-alcohol content reading of 0.08 percent is guilty of a DUI. If the blood-alcohol content reading is 0.15 percent, the driver is guilty of an aggravated DUI. The officer must perform chemical testing and a breathalyzer test to identify the blood-alcohol content reading. The driver has the right to refuse the test until they have a lawyer present. If they don’t submit to testing after their attorney is present, the state can charge them with a refusal to submit to testing.
What Happens If the Drunk Driver Is Responsible for an Accident?
The severity of the victim’s injuries determines if additional charges are applied. If a victim dies, the state could charge the drunk driver with vehicular homicide or involuntary manslaughter. The outcome of the criminal case could assist the victim’s family with a wrongful death lawsuit. The age of the victim could also affect the sentence the accused receives if they are convicted.
In Missouri, state laws define what penalties apply to drunk drivers and how their blood-alcohol content reading affects their case. DUI laws identify 0.08% as the level needed to convict a driver for the offense. A blood-alcohol content reading of 0.15% is classified as an aggravated DUI. Defendants who need help should contact a DUI defense attorney in St. Peters, MO or check out visit website now.
