DUI Law - DWI Law - Drunk Driving Law
What is DUI / DWI Law?
Driving Under the Influence (DUI) law, also referred to as Driving While Intoxicated (DWI) law, refers to state statutes and municipal ordinances that make it illegal to operate a motor vehicle after consuming a specified amount of alcohol. These cases are criminal in nature, although they can involve civil penalties, such as a suspension of driving privileges. DUI laws often include prohibitions against driving under the influence of controlled substances as well.
Most states prosecute drunk driving in three ways. First, a conviction can be based on the amount of alcohol in the defendant’s blood, as measured immediately following the arrest. The legal limit in all states is currently .08%, with lower limits for commercial drivers and minors. This type of prosecution is called a “per se” DUI. It requires only that the state prove that a blood alcohol content test was administered, and that the result exceeded the legal limit.
The second type of DUI prosecution occurs when the defendant’s blood alcohol content is not available, or does not exceed the legal limit. In such cases the state must prove that the driver consumed alcohol to a degree that rendered him or her unsafe behind the wheel. This is a more difficult burden for the state to meet. At trial, the state will try to prove its case using officer testimony, witness statements, field sobriety test results, and audio/video recordings.
A third, less common method of prosecution requires the state to show the defendant was in “actual physical control” of the vehicle. This can be proven with blood alcohol readings or other evidence, but unlike other prosecutions, the defendant need not have driven. A conviction can result based only on the fact that the defendant exercised control over the vehicle. Usually, this means sitting in the driver’s seat with possession of the keys.
In addition to jail time, fines, alcohol classes, and other penalties, those arrested for DUI or DWI also face suspension of their driver’s license. In most jurisdictions, a suspension will result either from a conviction, or for failing a blood alcohol test (even if the defendant is acquitted or charges are reduced). The same constitutional protections that exist in criminal court do not apply here, making it especially important to hire an attorney to handle the matter.
Avoiding a Drunk Driving Conviction
Criminal defense attorneys use a number of tactics to defeat DUI or DWI charges. In fact, from the prosecutor’s standpoint, the case becomes much more difficult the moment the defendant retains counsel. A motion for “discovery” will be filed immediately, requiring the state to turn over all evidence in its possession. Then, based on the information obtained, the attorney will prepare a defense by systematically poking holes in the state’s case.
To begin with, there may be issues surrounding the traffic stop. It is unconstitutional for an officer to stop a vehicle to investigate for DUI without reasonable suspicion that a crime or traffic violation is taking place. If the officer cannot articulate the reasons for the stop in a way that meets this legal standard, an attorney may be able to suppress all evidence collected as a result of the stop, effectively making the state’s case impossible to prove.
DUI lawyers are also trained to find deviations from protocol made by the arresting officer while conducting the field sobriety tests. These roadside maneuvers were developed by the National Highway Traffic Safety Administration (NHTSA) to detect intoxication. They are standardized, meaning they must be administered in precisely the same manner every time. Even slight irregularities by the officer can be used to discredit the prosecution’s case.
Blood alcohol testing is also fertile ground for an attorney to find weak spots in a seemingly solid DUI case against the defendant. Law enforcement can test the alcohol content of a driver’s blood several ways, but the most common evidence used in court is the results of a breath test given at the police station. While more reliable than handheld units, these breath testing machines can be inaccurate, especially if improperly operated, maintained, or calibrated.
Driver’s accused of DUI or DWI will also find the services of an attorney invaluable when it comes to plea bargaining. Prosecutors know that going up against a talented defense attorney will require significant resources, and they may be willing to offer a lenient sentence to avoid trial. And if a trial is necessary, a DUI lawyer will understand how to persuade the jury that each little problem with the state’s case, considered together, adds up to “reasonable doubt.”
If you have been arrested for DUI, the time to hire an attorney is now. Action must be taken right away to avoid a suspension of your license, and to protect your constitutional rights. Consultations are usually free and without obligation.
Know Your Rights!
- Can I Get Breathalyzed On My Boat?
Most of us are familiar with the concept of driving under the influence (DUI) or driving while impaired (DWI), but how do these translate to boating? Is it illegal to boat while drunk? If one is cited for boating under the influence, will that affect their driving license? Can you be given a breathalyzer on your boat?
- Intoxication Can Be Illegal in Circumstances Other than DUI
We all know the dangers of intoxication or drug use before getting behind the wheel of a car, but when else can intoxication be against the law? It might surprise you to know that there are ways to commit DUI without even being in a car.
- What is the Difference Between DUI and DWI?
Both DUI and DWI have made their way into our common speech, but often we forget exactly what they mean. Moreover, there is often confusion over the distinction between a DUI or a DWI that can be enhanced by the variations between differing jurisdictions.
- What to do if You Get Stopped for a DUI or DWI
This is a step-by-step guide as to what you should do if you get pulled over for a DUI (Driving Under the Influence) or a DWI (Driving While Impaired). This is not a substitute for using common sense and avoiding behavior that might put you in jeopardy of being stopped for a DUI or a DWI.
Articles Related to DUI and DWI Law
- What Are the Penalties for Drunk Driving in New Jersey?Are you a resident of the New Jersey or Pennsylvania and facing the court of law regarding drunk driving? You should seek the services of a professional DUI attorney. While many people believe it is not possible to beat DUI tickets legal professionals tell you that it is actually possible.
- Is DUI a Felony in Georgia?Contrary to popular belief, DUIs are not felonies. Most are misdemeanors, which means it is a crime that is punishable by up to 1 year in jail or up to $1,000 fine. Felonies, on the other hand, are more serious crimes punishable by a minimum of 1 year in jail or minimum of $1,000 fine.
- Texas Considering Treatment Options for Minor Drug CrimesFor decades, legislatures have drafted laws with severe consequences for those convicted of certain drug offenses. Any time a new drug started to become more commonly used, new laws would be enacted in an effort to slow the drug's spread. If the punishments were not severe enough, changes would be made to the laws to ensure that the penalties conveyed the seriousness of the charges.
- Avoiding DUI Checkpoints and RoadblocksWith over 75% of states permitting DUI checkpoints, knowing how to avoid passing through a roadblock is highly important. Also, knowing that you can record what happens on your smartphone, in some jurisdictions may help save you from being convicted of DUI-DWI
- How to Stop Your Driver's License from Being Suspended in GeorgiaVirtually 100% of all DUI arrests triggers an immediate confiscation of the driver license, under Georgia implied consent law. Whether the driver refused testing (DUI refusal) or submitted to the implied consent test (Intoxilyzer 9000), and administrative license suspension is usually initiated by the arresting officer. Can your DUI lawyer save your driving privileges?
- How Much Does a DUI in Georgia Cost over 10 Years?Thousands of Internet surfers look up information about a DUI conviction, for a ten year time span.
- Consequences of a 2nd DUI under Georgia LawFew states in America ramp up punishment for a second DUI offense like the State of Georgia.
- DWI Laws in MinnesotaLike other states, Minnesota has specific laws related to driving under the influence of alcohol or drugs. This is called “driving while intoxicated.” Being convicted of a DWI charge in Minnesota carries with it strict penalties.
- How the Michigan Points System WorksThe state of Michigan uses a points system to penalize drivers who are caught breaking the law—driving while intoxicated, disregarding traffic signs and posted speed limits, and other driving-related crimes.
- Best of the Business, Paralegals Are Unsung Heroes No MoreI am a lawyer and I know, generally, how lawyers think and what motivates them. For the life of me I don’t get how paralegals put up with us and clients at times. They carry tremendous work-loads and responsibilities. Going to court is the easy part, especially knowing files are in order and clients have been reminded to be there.
- All Criminal Law Articles
DUI Law Handbook
- What to Know about DUI
Whether you are involved in a DUI accident or you are wrongfully suspected of driving under the influence, this handbook helps explain your rights.
State Highway Safety Offices - DUI and DWI
DUI and DWI Law - US
- Alcohol Ignition Interlocks
Of the 1.4 million impaired driving arrests each year, one third involve repeat offenders.
- Alcohol Policy Information System (APIS)
Alcohol-related policies in the United States at both State and Federal levels
- Alcohol Problems and Solutions - Driving While Intoxicated (DWI/DUI) Law and Policy
Public and educational policies and legislation designed to prevent alcohol abuse are evaluated here on the basis of scientific research evidence.
- Blood Alcohol Concentration (BAC) Limits
- Dangers of Drinking and Driving
When putting those keys in the ignition and driving away after drinking you are not only putting your life at risk but you are risking the lives of all those you come across while driving.
- DUI / DWI Laws
- DWI / DUI Penalties
Minimum penalties for repeat offenders.
- Field Sobriety Testing
The Standardized Field Sobriety Test (SFST)
- Impaired Driving
NHTSA works to discourage impaired driving
- Legal Drinking Ages around the World
The legal drinking age for different countries varies dramatically, from zero to 21, as seen in the following table.
- National College for DUI Defense (NCDD)
Non-profit corporation dedicated to the improvement of the criminal defense bar, and to the dissemination of information to the public about DUI Defense Law.
- National Highway Traffic Safety Administration (NHTSA) - Impaired Driving
- Sentencing Guidelines for DWI Offenders
- Sobriety Checkpoints
- Substance Abuse and Mental Health Services Administration (SAMHSA)
SAMHSA, an agency in the Department of Health and Human Services.