DUI /DWI

'Driving under the influence' (DUI), or drunk driving, is the act of operating a motor vehicle (and some other vehicles - like a bicycle) after having consumed alcohol or other drugs, to the point that mental and motor skills are impaired. In addition to driving under the influence of alcohol and seperately driving under the influence of drugs, another "DUI" offense consists of driving under the combined influence of both. The drugs causing or contributing to the impairment need not be illegal, but can be lawfully prescribed or over-the-counter medication. Drunk-driving is responsible for a large number of deaths, injuries, damage and accidents every year.

The specific criminal offence can be called driving while intoxicated (DWI), operating while intoxicated (OWI), operating a motor vehicle while intoxicated (OMVI), driving under the influence [of alcohol or other drugs] (DUI), driving under the combined influence of alcohol and/or other drugs or drunk in charge [of a vehicle]. Such laws may also apply to boating, or piloting aircraft. Drinking and driving is the act of driving a vehicle after consuming an alcoholic beverage or while consuming one. It is often confused with drunk driving and the other terms identified above. Driving after consuming alcohol is generally not illegal unless the driver’s ability to drive safely is impaired as defined by law.

Sobriety Testing:

Typically, when a law enforcement officer makes a vehicle stop and suspects that the driver may be intoxicated, the officer will conduct a "field sobriety" test on the driver, and may ask for them to consent to a chemical test for intoxication.

Field sobriety tests involve a police officer asking a driver to perform tasks that assess any impairment of the person's physical or cognitive ability. Field sobriety tests include having the driver walk a straight line, recite the alphabet backwards, and the officer's use of the "horizontal gaze nystagmus" (eye and penlight) test.

Chemical tests can be conducted during the vehicle stop, using a 'Breathalyzer' that measures the driver's 'blood-alcohol concentration' (BAC), or at a hospital, where urine and blood tests can be performed. Many states allow a driver suspected of DUI to choose which type of chemical test is administered.

Implied Consent:

What happens when you refuse a sobriety test? All states have "implied consent" laws that require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of DUI. The idea behind such laws is that, by assuming the privilege of driving a vehicle on state roads and highways, drivers have effectively given their consent to DUI testing when a police officer reasonably believes the driver is under the influence of alcohol or drugs. If a driver refuses to submit to testing, implied consent laws impose penalties such as mandatory suspension of a driver's license for six months to a year. Penalties for test refusal are usually more harsh than those imposed after DUI test failure. In most states a driver's refusal to submit to a chemical test can be used to enhance the penalties imposed if he or she is eventually convicted for DUI.

DUI Penalties

Besides criminal penalties, a DUI arrest or conviction will have immediate negative repercussions on driving privileges. Most state laws allow a motor vehicle department to immediately suspend the driver's license of any person operating a vehicle with a BAC above the state limit for intoxication, or any driver who refuses to submit to BAC testing. The driver's vehicle may also be confiscated or impounded, and the DUI offender will likely incur significant administrative costs. This loss of driving privileges can normally occur even before a DUI conviction. Most states allow a DUI arrestee to obtain a temporary license and request an administrative hearing at which he or she may argue against license suspension, or for restoration of limited driving privileges.

Similar to other criminal penalties, the impact of a DUI arrest or conviction on driving privileges will vary according to the driver's history of DUI violations and the severity of the offense. An increasingly popular DUI penalty, especially for repeat offenders, is mandatory installation of an "ignition interlock" device on the offender's vehicle. This breath-testing device measures the vehicle operator's BAC, and will prevent operation of the vehicle if more than a minimum amount of alcohol is detected, such as BAC level of .02. Where this punishment is utilized, most states require the DUI offender to pay costs of installation, rental, and maintenance of the ignition interlock device. Rental fees alone can amount to as much as three dollars per day, so a DUI offender's expenses can add up quickly when an ignition interlock device is required.

Common DUI Questions:

What is 'blood alcohol content' (BAC)?

Blood alcohol content (BAC) or blood alcohol level (BAL) is a measure of how much ethanol is in your system. The ethanol level in your blood is a byproduct of the broken down alcohol that you consumed. BAC and BAL are measured in a scientific manner that calculates the ratio of ethanol to blood within your system. Therefore, if you have a BAC of .15, that really means that you have .15 grams of ethanol per 100 millimeters of blood in your system. In most jurisdictions, if your BAC or BAL is above .10, and you are operating a car or other vehicle (including some dangerous machinery), you have broken the law.

Can you get a DUI / DWI for driving on drugs?

Yes. If you operate a car under the influence of drugs such as heroin, cocaine, marijuana, or any other illegal substance you can be charged with a crime. However, it is not only illegal drugs that can get you into trouble. Many prescription medications and some over-the-counter medications carry with them specific warnings that they may impair abilities and should not be used while operating any dangerous equipment, including motor vehicles. Check the labels on all medications carefully. Don't get behind the wheel if you are taking any medications that are incompatible with safe driving.

What happens if I have a previous DUI / DWI?

That depends on what state you're in. In most jurisdictions, there is a "step-up" method for handling multiple DUI/DWI convictions for the same person. In some states, a person will be required to pay a fine and perhaps serve a minimum term of imprisonment for a first conviction in addition to having their license suspended. For a second offense, some states may increase the fines and imprisonment or term of suspension. Additional offenses may result in revocation of a license and the loss of driving privileges for life. In addition, in some states, a judge may order that the offender participate in an alcohol or drug treatment and education program. Of course, if you seriously injure or kill another person while operating under the influence, you may face additional charges or lawsuits.

Do I need a lawyer?

You are not required to have an attorney, but it is a good idea to retain one if you have been placed under arrest, or charged with DUI/DWI, particularly if you have seriously injured or killed another person. DUI / DWI laws are strictly enforced and while there may be some arguments you can make in your defense (or mistakes that were made by the police) your chance of successfully making those arguments or finding those mistakes is much greater if you have an attorney assisting you sooner, rather than later. Invoke your right to remain silent, and ask to speak to an attorney. If you are faced a DUI/DWI charge, an attorney may be your only hope for avoiding or reducing any penalties or imprisonment you face.