by RS Coolidge

Created on: January 18, 2009   Last Updated: January 31, 2009

Picture this scenario: a person, after enduring another hard day at work, decides to unwind with a few drinks at the local bar. On the way home, the person is pulled over by a police officer who administers the breathalizer test. The results of the breathalizer test indicate that the driver was driving with a blood alcohol content greater than .08. In other words, the driver is under the influence or intoxicated. This scenario plays out thousands of times a night in the United States. Most people know someone who has found themselves in such a predicament. This article explains what a DUI/DWI really means, how the criminal justice system deals with the crime, and what to do if the person charged with a DWI/DUI is you.

Before DWI/DUI is discussed it is important to understand the concept of Blood Alcohol Content(bac). Blood alcohol content refers essentially to the amount of alcohol present in a person's bloodstream. The more alcohol a person consumes, the higher their blood alcohol content becomes. BAC is not just a function of alcohol consumed but it is also a function of a person's size. The heavier a person is, the more alcohol a person can consume before their bac is affected. The important thing to know about BAC is that it is a measure of just how intoxicated a person is at a given time.

The rules for what constitutes DWI and DUI are standardized nationwide. If a driver is found to have a blood alcohol content of .08% or better, the driver is considered to be DWI/DUI. Most states apply exceptions to this rule when it concerns commercial drivers and drivers under the age of 21. Commercial drivers (ie those driving big trucks to ship goods) can be arrested for DWI/DUI if their BAC exceeds .04%. For drivers under 21, the policy is even stiffer. There is a zero tolerance alcohol policy for drivers under 21 so any bac greater than 0% can result in an arrest.

Since nearly 20% of all car fatalities are linked to drug and alcohol abuse, A DWI/DUI arrest is not to be taken lightly. The criminal justice system considers such arrests very severe and a conviction can cause a person a great deal of trouble. A DWI/DUI arrest can cost you a job, increase your insurance rates, cause personal and professional embarassment, and even land you in prison. That is why if you are ever arrested for DWI/DUI it is important to contact a lawyer as soon as possible. A lawyer can prove very effective in lessening fines and penalties.

A lawyer can also provide you with a great weapon: knowledge. The rules for defining DWI/DUI may be standardized but the punishments vary from state to state. They also vary based on the number of offenses that you have committed. Some states are harsher than others when it comes to first offenses. Still others prefer a 'softer' touch at first followed by more draconian measures for repeat offenders. Some states, like NY, allow police officers more discretion in arresting those whose bac might not be high enough to constitute intoxication. Still other states, like Florida, have special felony convictions for those who cause injury while engaged in DUI/DWI. With so many rules out there, it is hard to go it alone. With a lawyer experienced with your state's laws on DUI/DWI, you are in a better position to understand the options that are available to you.

For many people, a DWI/DUI arrest is the direct result of an error in judgement. A mistake was made and a price has to be paid. There is, however, no reason for this price to far exceed the crime. A good lawyer can help you understand just how serious your DWI is legally and show you the best way to make amends, move forward and learn from your mistake.

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