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Abilene DWI Lawyers
- Randy
Wilson:
The crime of drunk driving is generally defined in two ways: (1) having
a blood alcohol content above the limit set by law, or (2) driving
under the influence of alcohol. To find a person guilty under the first
definition, a jury must be convinced beyond a reasonable doubt that the
person's blood alcohol content (BAC) exceeded a certain amount. In most
states the legal limit is .10 percent. Therefore, if it is proved that
the person's BAC at the time of the incident was .10 percent or
greater, he or she can be convicted of drunk driving, regardless of how
much alcohol was actually consumed. As a practical matter, one drink
would almost certainly not lead to a BAC of .10 percent or greater;
generally, a person needs to have five drinks in an hour to develop a
BAC of .10 percent. However, if there was something unique about the
person or the drink, or other circumstance, one drink could raise the
BAC above the legal limit.
In contrast, the second definition does not refer to any particular
BAC. It focuses on the driving behavior of the person; if it is
impaired by the person's consumption of alcohol, he or she can be found
guilty of drunk driving. Instead of presenting evidence of the BAC to a
jury, the prosecution seeking a conviction under this definition
generally presents testimony about the person's driving and consumption
of alcohol. A police officer will often describe the impaired driving
that lead him to pull the person over and the person's ability (or lack
thereof) to perform field sobriety tests, such as walking a straight
line. Evidence is also usually presented concerning the person's
consumption of alcohol and if the jury then concludes that the
prosecution has met its burden of proof, it will convict the person of
drunk driving. A susceptible person may exhibit impaired driving after
one drink and therefore be convicted of drunk driving.
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