Can a person legally be charged with a DUI after being stopped and then being allowed to drive themselves to another location about 500 feet on a main road to take a soberity test?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a person legally be charged with a DUI after being stopped and then being allowed to drive themselves to another location about 500 feet on a main road to take a soberity test?

This when the were already stopped in an empty parking lot.

Asked on January 30, 2014 under Criminal Law, Kentucky

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Driving under the influence (DUI), driving while intoxicated (DWI), drunken driving, drink driving, drunk driving, operating under the influence, drinking and driving, or impaired driving is the crime of driving a motor vehicle with blood levels of alcohol in excess of a legal limit ("blood alcohol content", or "BAC"). Similar regulations cover driving or operating certain types of machinery while affected by drinking alcohol or taking other drugs, including, but not limited to prescription drugs. This is a criminal offense in most nations. Convictions do not necessarily involve actual driving of the vehicle.

In most jurisdictions, a quantitative measurement such as a blood alcohol content (BAC) in excess of a specific threshold level, such as 0.05% or 0.08%, defines the offense with no need to prove impairment or intoxication. In some jurisdictions, there is an aggravated category of the offense at a higher BAC level, such as 0.12%. In most countries, anyone who is convicted of injuring or killing someone while under the influence of alcohol or drugs can be heavily fined, as in France, in addition to being given a lengthy prison sentence. Many employers or occupations have their own rules and BAC limits; for example, the United States Federal Railroad Administration has a 0.04% limit for train crew. Certain large corporations have their own rules; for example, Union Pacific Railroad has their own BAC limit of 0.02% that, if violated during a random test or a for-cause test — for example, after a traffic accident — can result in termination of employment with no chance of future re-hire. Some jurisdictions have multiple levels of BAC for different categories of drivers; for example, the state of California has a general 0.08% BAC limit, a lower limit of 0.04% for commercial operators, and a limit of 0.01% for drivers who are under 21 or on probation for previous DUI offenses.

Based upon what you have written, you can be legally charged with a DUI offense. I suggest that you consult with a criminal defense attorney in your locality. One can be found on attorneypages.com.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption