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Driving While Intoxicated
Driving While Intoxicated (DWI) is considered a serious crime in every state. Drinking alcohol or taking drugs may affect your ability to operate cars, boats or industrial equipment in a safe manner. It is against the law in every state to drive under the influence of alcohol or drugs if you cannot safely operate the vehicle. DWI and Driving Under the Influence (DUI) refer to the same crime.
If the police observe you driving erratically or violating traffic laws, they are permitted to stop and question you for a DWI violation. If they suspect that you are intoxicated, they can ask you to submit to various tests, including a blood alcohol test.
Blood Alcohol Content
When you consume alcoholic drinks, alcohol is absorbed into your blood stream. The level of alcohol in your blood, called the Blood Alcohol Content (BAC), can be measured by different tests. In most states, you are presumed to be drunk and unable to operate a vehicle safely if your BAC is .10 or greater. This measurement means that your blood contains ten/one-hundredths percent of alcohol. Currently there are numerous proposals to lower the BAC level defining intoxication to .08.
If the police suspect that you are drunk, they can require you to take a breathalyzer or other test to measure your blood alcohol content. Refusal to take a test normally results in an automatic suspension of your license for a significant period of time, as much as six months or a year, depending upon the state.
You also can be convicted of drunk driving without the results of a blood alcohol test or if your blood alcohol test result is lower than the statutory amount. A conviction can be based on evidence that your breath, conduct, language, and motor movements showed that you were drunk and unable to drive safely.
Punishment
The penalties for drunk driving are serious.
- Punishment for first time offenders includes suspension of driving privileges, points, and fines
- Punishment for second and subsequent offenses increases significantly and typically involves a period of imprisonment
A drunk driving conviction also generally results in increased automobile insurance premiums.
Many people charged with drunk driving request a trial to fight the charge. Legal defenses may be raised to defeat the drunk driving charge or reduce the penalties. A lawyer is generally needed to present an effective defense at trial.
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