Some states create a distinction between driving while impaired and driving while intoxicated. If you are in a state where that is the case, you will need to understand the difference when fighting your legal case.
Intoxication
Intoxication is often referred to as a state in which you have lost your normal faculties. You might be considered intoxicated if someone subjectively determines that you have diminished mental and physical control. intoxication is usually not considered to be a legal standard.
Impairment
You will have broken the law the moment that you have are experiencing physiological and cognitive impairment that occurs when your BAC is above the legal limit. When an individual's BAC is below 0.05, there are no apparent effects of intoxication, and the presence of alcohol can only be detected through special tests. Above this level, the alcohol begins to cause cognitive impairment, and an individual who has a BAC above the legal limit can be arrested and charged with a DUI.
The prosecutor will need to prove beyond a reasonable doubt that you were under the influence of alcohol at the time that you were operating the vehicle. For example, there are some medical conditions that can lead to a BAC being above the legal limit but would not be considered a DUI.
The Consequences of Driving While Impaired
The courts have a zero-tolerance policy toward the act of driving while under the influence of alcohol. If you are charged with a DUI, you will need to consult with a drunk driving lawyer. There are numerous cases in which it is considered justified to drive while under the influence of alcohol or other substances.
For one, you are allowed to drive while under the influence when it is considered necessary to do so to avoid more serious harm. For example, you might be allowed to drive under the influence if your life or the life of someone else would otherwise be in danger. You may have also been placed under duress and were forced to drive.
In some cases, you may even claim that you didn't know you were intoxicated. For example, if your beverage was spiked, you would not have known that you were intoxicated and you may not be found guilty. You will need to work closely with a drunk driving lawyer who will be able to gather the facts of the case and prove that you were innocent.
