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How to Know if You’re Too Drunk to Drive

Posted by Ronald D. Hedding | Nov 25, 2019

As someone who has been involved in DUI cases for the past twenty-five years, I can't stress enough the importance of deciding to drive before you start drinking. Planning ahead is key. When you make decisions after consuming alcohol, you're more likely to make the wrong ones. Remember, you don't have to be drunk to get a DUI.  The ability to operate a motor vehicle safely is what matters.

I've had plenty of clients; I'd say the majority of them tell me that they've felt fine and weren't drunk, yet they still got arrested, and many of them were convicted of DUIs because of their blood alcohol level of .08 or greater.  That's the standard.  It's not whether you were drunk.  If you were drunk, you'd probably have even driven the car.

When you're drunk and falling, that's a horrible time to drive.  But that's not the standard.  That's not the test.  It's not that you're drunk, so you're going to get a DUI on your record.  Your blood alcohol level is .08 or greater, and the prosecutors can prove it.

Then you're going to get a DUI.  Even if your blood alcohol level is below the legal limit and the prosecutors can prove that you could not safely operate a motor vehicle, they can get you for a DUI.

The way that they demonstrate this is by using the field sobriety test, a series of physical and cognitive tasks designed to assess impairment, such as walking in a straight line, standing on one leg, following a moving object with your eyes, and making the argument that you did not pass those tests.

Of course, that's very subjective on the part of the police as they sit there and take notes — or at least mental notes — as you try to perform the field sobriety tests, and then, later on, they will write up a police report for the prosecutors who will then decide whether to file the case.

If they do file the case and the case goes to trial, they're the ones who will be putting on the evidence to try to sustain a DUI conviction. But this fallacy that someone has to be drunk to get a DUI is wrong, and if you're looking at this website without a DUI on your record and trying to gather information, that's fantastic. 

A DUI conviction can lead to hefty fines, license suspension, and even jail time, not to mention the potential harm to yourself and others on the road.

The solution is clear:  before you go out, have a plan for how you're going to get back home or to your destination. If you're going to drink, don't drive. By having a clear plan before drinking, you're not only ensuring your safety but also the safety of others on the road. It's a responsible and proactive approach.

Making a Decision Before You Drink and Drive

It would help if you were deciding whether you're going to drink and drive before you head out for the night.  Trying to make those decisions on the spur of the moment after having some drinks is typically where people get in trouble.

How to Know if You're Too Drunk to Drive

So, trying to figure out if you're too drunk to drive is something that's not going to be successfully done if you've had a bunch of drinks.  It would be best if you considered it before you set out for the night.

If you're looking at this website because you have a DUI and you're trying to figure out what you're going to do about it, then obviously, you realize that when you get behind the wheel, you've had alcohol, you've had drugs, you've had a combination of both.

With the increasing prevalence of marijuana, the risks of driving under the influence are more significant than ever. If the police believe you're intoxicated and can't safely operate a motor vehicle, they will arrest you. It's not just about being drunk.  

In my experience of handling thousands of DUI cases over twenty-five years, most of my clients weren't drunk.  The few who were drunk ended up in serious accidents, causing harm, and even death is now becoming more and more prevalent.

When the police get their hands on you, if they believe that you're intoxicated and can't safely operate a motor vehicle, they will arrest you. You don't necessarily have to be drunk.  Having handled thousands of DUIs over twenty-five years, most of my clients aren't drunk. 

The very few who are drunk end up getting in bad accidents, killing people, and hurting people. These are the potential dangers of driving under the influence that everyone should be aware of.

Those are the ones who are obviously in the worst trouble.  But most of my clients aren't drunk.  They had some drinks.  They may be intoxicated.  They may not safely operate a motor vehicle, but they're not necessarily drunk.

So, don't use that as your standard. If you're trying to figure out how you're going to deal with your DUI case, instead of just getting information from the internet, you need to sit down with a seasoned DUI defense attorney. Their expertise in navigating the complex legal system, understanding the nuances of DUI laws, and building a strong defense strategy will guide you through the legal process and ensure the best possible outcome for your case.

Indeed, getting information from the internet is a good thing because it gives you a base. Still, you want to talk to an attorney about your specific situation to end up with the most precise and accurate answer as to how you're going to best deal with your DUI case.

About the Author

Ronald D. Hedding

What Makes Ronald Hedding Uniquely Qualified To Represent You? I've been practicing criminal defense for almost 30 years and have handled thousands of cases, including all types of state and federal sex crime cases. All consultations are discreet and confidential.

Contact Us Today

Hedding Law Firm is committed to answering your questions about DUI law issues in California and throughout the United States.

I'll privately discuss your case with you at your convenience. All consultations are free, discreet, and confidential. Contact us today to schedule an appointment.

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