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 and is not a repeat offender faces a misdemeanor charge. Minimum penalties include:
* Automatic loss of license for a period of time (In cases of special hardship a restricted license may be issued);
* A fine;
* Short jail term;
* Community service;
* Completion of an education or treatment program.
If the driver has caused injury or damage as a result of being impaired or has a number of previous convictions for impaired driving, the offense will be considered a felony. Those convicted of a felony usually face:
* At least one year in prison;
* Parole or probation;
* Higher fines;
* Loss of license for a period of years or permanently ;
* Making payment for damages caused.
Other possible consequences of a felony conviction include:
* Refusal of employment or housing;
* Loss of right to vote or serve on juries;
* Not being able to teach or practice law;
* Denial of the right to own guns or serve in the military.
In certain cases a court may choose to place a convicted driver under house arrest, require some other form of electronic monitoring, or order they take part in residential rehabilitation, detox, or sober living programs.
In addition penalties may include having license plates removed, impounded or marked. Some states allow vehicles to be immobilized, forfeited or sold. More states are adopting the use of ignition interlock devices which test for alcohol consumption and prevent the car from starting if the test is positive.
Laws related to and penalties for DUI/DWI are complex and vary from state to state, and the charge is treated very seriously. In all states the repercussions of a conviction may extend well beyond the immediate consequences to affect work, family and reputation. The knowledge and experience of a skilled DUI lawyer can help in reaching the most favorable possible resolution to these kinds of cases.
For summaries of and links to the laws in each state, click here.