by Margaret Mair

Created on: January 21, 2009   Last Updated: July 15, 2010

This article provides a short overview of facts related to DUI/DWI. DUI or DWI is short for driving under the influence of alcohol or other drugs, or driving while intoxicated or impaired. It usually applies to motor vehicles, including cars, trucks and motorcycles. In some states it also applies to being intoxicated or impaired while operating boats, aircraft or other motorized equipment.

In the United States a driver with a blood alcohol level of .08% or higher is considered impaired. An officer may suspect a driver is impaired and pull them over if they notice erratic driving, including weaving, sudden variations in speed and lane straddling. Then they commonly check for:

* Thick/slurred speech;
* Bloodshot eyes;
* The smell of alcohol;
* Odd,erratic or aggressive behavior.

They may request that the driver perform one or more field sobriety tests, or FSTs. These are designed to test balance, coordination and the ability to do two things at once. Other tests may be administered, but the three tests considered most accurate are:

* Standing on one leg;
* Walking and turning;
* Following the movement of an object from side to side with the eyes.

If the officer still suspects intoxication he may request a driver take a portable breath analyzer test. The driver has the right to refuse to take this and other field sobriety tests without the refusal being used as evidence against them. Many DUI/DWI lawyers recommend refusing because, if taken, failure to pass these possibly unreliable tests may be used as evidence of intoxication. If refused, the officer must decide whether there is sufficient evidence to arrest the driver.

A driver who is arrested:

* Must be advised of their constitutional rights before further questioning;
* Must submit to a Blood Alcohol Test at the police station;
* Must be given the choice of breath or blood testing (a blood sample allows repeat testing);
* May have their license suspended immediately for failing or refusing a blood alcohol test, depending on the state. This Administrative License Suspension is independent of criminal proceedings and may last from 180 days to a year, again depending on the state. A temporary permit is usually issued to allow the driver time to appeal the suspension.

Penalties for driving drunk or under the influence are determined by and vary according to the state and whether the conviction is on a misdemeanor or a felony charge. A driver who is found to be legally impaired but has not caused serious harm or damage

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