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Things to know about DWI
Driving Under the Influence (DUI) and
Driving While Intoxicated (DWI) laws vary according to the state of the
offense. The most important factor surrounding any of these laws is that
the repercussions are generally steep and severe. Due to the rash of
drunken driving fatalities in the past half century or so, most states
have enacted harsh penalties for anyone caught drinking and driving.
The DUI laws of each state define a level at which an individual is
considered intoxicated. Although these levels may vary slightly, for the
most part, this level does not exceed .08 blood alcohol content (BAC).
Any individual caught driving with a BAC higher than the state has
defined as the point of intoxication may be subject to fines, license
suspension or revocation, and even jail time. The severity of the
offense and the number of DUI convictions are a primary determinant in
the severity of the penalty. Initial offenses may carry a penalty of a
fine and mandatory attendance at a DUI traffic school or seminar. Repeat
offenders may be subject to more severe penalties up to and including
permanent removal of his or her driver's license.
Generally license suspension and revocation occurs for repeat offenders.
Most states have implemented a comprehensive system of monitoring the
driving privileges for an individual who has had his or her license
suspended but who has been granted limited driving rights. These
individuals must generally employ the use of a
breathalyzer system that has been installed in their
vehicle and that locks the ignition if the individual fails the
breathalyzer requirements.
Some DUI/DWI convictions can be expunged. Depending on the severity of
the conviction and the age of the offender at the time of the
conviction, it may be possible to seal the information from public
access. In general, this process, and any other issues surrounding a
DUI/DWI offense will require the services of an experienced DUI
attorney.
Driving While Intoxicated (DWI) is the title of classification used to identify a drunk driving within the overall category known as Driving Under the Influence (DUI). Operating Under the Influence (OUI) and Operating a Motor Vehicle Intoxicated (OMVI) are the two other titles that fall within the DUI category. While laws specific to DWI do vary from state to state, a driver is generally in violation of DWI laws if they are unable to safely operate their vehicle due to intoxication. Intoxication is determined through set standards for Blood-Alcohol Concentration (BAC), Field Sobriety, and Implied Consent Laws
After being stopped by a law enforcement
agent for suspected DWI, it is up to the agents discretion on how they
will determine whether you are intoxicated enough to classify as DWI.
Chemical tests involving the use of a
Breathalyzer device allow the
law enforcement agent to determine whether or not your BAC is above or
below the legal limit for the state you are currently in. As stated
before, many factors depend on the state the offense has taken place in.
Some states have “per se” laws that allow for a breathalyzer returning
results of a BAC at or above the state limit to be enough evidence to
determining that you are intoxicated. Nationwide, Zero Tolerance laws have
been passed that have a similar standpoint, however these pertain to those
under the legal drinking age of 21 if their breathalyzer results are .02
BAC or higher, and can even be considered anything higher than 0.0 BAC
depending on the state.
If the “per se” laws do not apply in the specific situation, the law
enforcement agent may determine DWI through a field sobriety test. This
often involves the driver to successfully complete a series of tasks that
the agent has requested. Examples of tests an agent may request are:
walking heel to toe in a straight line, recitation of the alphabet
backwards, and horizontal gaze nystagmus test. It is uncommon to find an
agent performing just a field sobriety test in a situation involving a
suspected DWI.
All drivers have essentially agreed to
implied consent laws by registering for their driver’s license. What this
means for a driver involved in a possible DWI suspicion is that they are
required to submit to a requested for of chemical testing when the DWI
accusations have been levied. If the driver refuses to submit to chemical
testing they will be heavily penalized as refusal carries harsher
punishment than failure of the specific test or even amplify the penalties
if the DWI conviction occurs. At a minimum, those refusing such tests will
have their license suspended for six months to one year.
At the time when a Driving While Intoxicated case makes its way to a court
of law, the arresting law enforcement agent will provide an eye witness
account of your actions while driving before you had been pulled over.
This information coupled with the negative results from any of the
standards set above will often result in a conviction for DWI. While it is
never wise to drunk drive, each state does have their own specific
standards that you should be fully aware of before getting behind the
wheel of a car if you have even had one drink. It is your responsibility
as a driver to know the laws pertaining to the road, especially when
impairment may be involved.