DUI - DWI

DRUNK DRIVING INFORMATION CENTER 

Overview

Driving under the influence (DUI) is the act of driving a motor vehicle in some jurisdictions after consuming alcohol or drugs to the extent of impairing mental and motor skills.  A DUI does not only apply to motor vehicles.  It also applies to boats, bicycles, snowmobiles, golf carts, mopeds, and even electric wheelchairs.

It is the most commonly committed crime in the United States since there are more cars on the roads than ever before, and it has become a serious problem.  In some states, like New Jersey, it is considered a traffic offense.  The drunk-driving laws are different in each state.  Most of the time, it is committed by a respectable person who has never been in trouble with the law.

A drunk driving offense has been referred to in many ways.  Examples include Driving under the influence (DUI), Driving while intoxicated (DWI), Driving under the influence of intoxicants (DUII), Driving while under the influence (DWUI), Operating while intoxicated (OWI), and Operating under the influence (OUI).

The legal blood alcohol level allowed in an individual’s system is .08%.  Anything more than that is considered intoxicated and illegal.  Many states have a zero tolerance law for drivers under the age of 21.  It is against the law for young drivers to have any alcohol in their system while driving. 

The penalties for driving drunk are harsh.  These include loss of your license, paying a large fine, substance-abuse treatment programs, a jail or prison sentence, restitution, community service, a criminal record, higher insurance rates, and an ignition interlock device installed on your vehicle.

Driving Requirements

In order to drive a motor vehicle, the driver must be in control of the vehicle.  When arrested for drunk driving, it is up to the courts to determine if you were actually driving or if there were other circumstances.  Examples would include sitting in the car but not driving, sleeping in the car, sitting in the car with no gasoline, etc.

Implied Consent

In most states, there is an implied-consent law.  If an individual uses the privilege of driving, he or she automatically consents to having his or her BAC tested if stopped for drunk driving.

Breathalyzer

A Breathalyzer is the most common machine used to test the BAC.  It has been used since 1954.  It is easy to transport and can be used by non-medical personnel.  If it is over .08%, the individual is considered legally intoxicated.  If the driver refuses the test, his or her license may be revoked or suspended.  A breath test is not always reliable.  The methods used to test your breath in this machine are chemical analysis, infrared spectrophotometer, gas chromatography, and fuel cell detection.

Because the Breathalyzer is not always reliable, an experienced drunk-driving defense attorney can challenge the results.  A few examples are the attorney can question the blood-to-breath ratio, the test was not given correctly or the administrator was not properly trained.  Your attorney can question if the equipment was maintained, cleaned or calibrated correctly.  There are many problems that can arise and your attorney will know them all.

Field Sobriety Tests

The Breathalyzer is not the only test that is conducted.  The police officer has a number of field sobriety tests that can be given to determine intoxication.  These include walking a straight-line heel-to-toe, tipping your head backwards and touching your nose, reciting the alphabet, or standing on one leg for 30 seconds.

Ignition Interlock Device

One of the consequences of a DUI charge is the installation of an interlock device on your vehicle.  The judge determines if one is necessary on your vehicle.  Every time you get into the vehicle, it automatically measures your BAC.  If your blood alcohol content is above a specific amount, the car will not start.  You must frequently blow into the device while driving.  The device records data regarding your alcohol levels, how often the engine stops and starts, and any tampering attempts.  State law will determine how long the device should be on your car.

In some states, this device is mandatory if you are a repeat offender, your BAC levels are over .08%, or you were driving with a minor in your car.

The installation of an ignition interlock device will prove to the court that you remained sober.  However, some problems may arise.  These include sharing a vehicle with someone else.  This person will be required to use the device.  There is always a chance the device can malfunction, giving an incorrect reading.  The device can give a false positive reading.  This can happen if the driver used a mouthwash that contains alcohol.

Lastly, you will have to pay for the device.  The installation fee is about $100 and the monthly rental fee is about $75.  Depending on the State laws, the offender can use this device for at least three months to six months or more.

The Prosecutor’s Role

The prosecutor steps in once the police have arrested you for a drunk driving charge.  The prosecutor’s job is to determine if there is an actual case, if there are enough facts and evidence to prove the case and the appropriate policy considerations, (treatment program might be better than a trial).  If the prosecutor does not believe there are enough facts to prove a drunk driving charge, the case will not go forward.

Once the prosecutor files a complaint, your drunk-driving case begins.  The prosecutor will appear at the initial hearing to determine if bail should be allowed.  At the trial, the prosecutor presents the case against you first.  He or she must prove you were drunk beyond a reasonable doubt with the evidence provided.  The arresting officer is usually one of the key witnesses against you.  The prosecutor usually can make a recommendation for the sentencing.

Automobile Insurance

A drunk driving conviction will increase your automobile insurance rates.  Depending on the laws in your state determines what your insurance carrier can do.  Your insurance company can cancel your policy or not renew it, or increase your premiums as much as 100% or more.  If you have a prior record that includes traffic tickets, accidents or late or no payments, the consequences could be worse.

There are insurance companies that offer a nonstandard insurance policy for high-risk drivers with drunk-driving records.  State governments offer systems for covering high-risk drivers.  A common state-created mechanism is the assigned risk pool or the residual insurance pool.  Auto insurance companies are assigned a number of uninsurable drivers by the government.  There are also joint underwriting associations that handle high-risk drivers.  The premiums are significantly high.

Conclusion

Driving is part of the American way.  We drive to work, to the grocery store, for entertainment, for vacation, we transport others, and so much more.  A suspended or revoked license will take it all away.  An experienced drunk-driving defense attorney can fight for you and protect your interests.  A drunk-driving conviction will increase your insurance premiums significantly or cancel your policy.

The consequences for a drunk-driving conviction are severe.  They include suspension or revocation of your license, large fines, mandatory alcohol treatment programs, jail or prison, restitution, community service, higher insurance rates, an ignition interlock device installed on your automobile and lastly, a criminal record.

Links to more information

The National Highway Traffic Safety Administration offers information regarding an impaired driving safety program, what the U. S. is doing to crack down on drunk drivers, sobriety checkpoints, and the criminal justice system – to name a few.  Visit their website at www.nhtsa.gov

To familiarize yourself on state laws, visit the Insurance Institute for Highway Safety at www.iihs.org