DUI - DWI - Drunk Driving Law


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DUI Law - DWI Law - Drunk Driving Law



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What is DUI / DWI law? This area of law deals with the criminal charges associated with operating a motor vehicle while under the influence of alcohol and/or drugs, and driving while impaired and/or intoxicated, commonly referred to as “drunk driving”. It is a subset of and overlaps with Criminal Defense law.

A driver may be charged with some form of drunk driving if he is caught driving or being in actual physical control of a vehicle while his/her blood alcohol content (BAC) is above the legal limit set by state law, which all states have now set no higher than .08. This is a criminal violation throughout all of the 50 U.S. states and Washington, D.C., as well as in most countries worldwide. Although most people associate DUI/DWI solely with drinking and driving, if a driver uses a combination of any controlled substance or chemical with alcohol, the consumption of which results in impaired mental faculties, this too can lead to DUI/DWI charges.

The penalties for a DUI/DWI conviction may vary greatly not only from state to state but from occurrence to occurrence. However, they are generally all very severe, and steadily increasing. These penalties can range from extensive fines to serving time in jail and loss of one’s vehicle and driving privileges. Additionally, first time offenders are often ordered to attend special alcohol education classes and/or AA meetings.

Many states are now adopting the use of ignition interlock devices, which test for alcohol on a driver’s breath and prohibit the car from starting if the driver’s BAC is above a very low preset amount (.02 to .04 usually). Individuals who already have one or more DUI/DWI convictions or with very high BAC levels are faced with even more severe penalties and legal consequences, sometimes double that of a simple first offense. These convictions can be very costly and have long range effects. Retaining a qualified DUI/DWI attorney is most often a good idea, if not essential.

DUI and DWI are arguably the most well known legal acronyms for drunk driving, but there exist many others which vary by state and degree of offense; they include the following: DUBAL, DUII, DUIL, DWAI, DWUI, OMVI, OUI, OUIL, OUIN, OWI, OWVI, AND UBAL.

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DUI and DWI Law - US

  • Alcohol Ignition Interlocks

    On August 22, 2007, the National Highway Traffic Safety Administration convened a meeting with representatives from the judicial system, including judges, prosecutors and parole officers, in Washington, D.C. to discuss the role of alcohol ignition interlocks in reducing drunk driving fatalities. Currently interlocks are used for 100,000 drunk driving offenders each year, or about an estimated 20 percent of those cases for which they could be prescribed. Of the 1.4 million impaired driving arrests each year, one third involve repeat offenders.

  • Alcohol Policy Information System

    The Alcohol Policy Information System (APIS) provides detailed information on a wide variety of alcohol-related policies in the United States at both State and Federal levels. Detailed, state-by-state, information is available for the 35 policies listed below. APIS also provides a variety of informational resources of interest to alcohol policy researchers and others involved with alcohol policy issues.

  • Blood Alcohol Concentration (BAC) Limits

    The Alcohol Policy Information System (APIS) provides detailed information on a wide variety of alcohol-related policies in the United States at both State and Federal levels. Detailed, state-by-state, information is available for the 35 policies listed below. APIS also provides a variety of informational resources of interest to alcohol policy researchers and others involved with alcohol policy issues.

  • DUI / DWI Laws

    All 50 states and the District of Columbia have per se laws defining it as a crime to drive with a blood alcohol concentration (BAC) at or above a proscribed level, 0.08 percent. The Insurance Institute for Highway Safety is an independent, nonprofit, scientific, and educational organization dedicated to reducing the losses — deaths, injuries, and property damage — from crashes on the nation's highways.

  • DWI / DUI Penalties

    The presentation of minimum penalties for repeat offenders for driving while intoxicated or driving under the influence.

  • Field Sobriety Testing

    The Standardized Field Sobriety Test (SFST) is a battery of three tests administered and evaluated in a standardized manner to obtain validated indicators of impairment and establish probable cause for arrest. These tests were developed as a result of research sponsored by the National Highway Traffic Safety Administration (NHTSA) and conducted by the Southern California Research Institute. A formal program of training was developed and is available through NHTSA to help police officers become more skillful at detecting DWI suspects, describing the behavior of these suspects, and presenting effective testimony in court. Formal administration and accreditation of the program is provided through IACP.

  • 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

    The National College for DUI Defense, Inc. (NCDD) is a professional, 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 as a specialty area of law practice.

  • National Highway Traffic Safety Administration (NHTSA) - Impaired Driving

    NHTSA works to discourage impaired driving through a three-pronged strategy: high-visibility law enforcement with supporting communication campaigns; enhanced prosecution and adjudication; and medical screening and brief intervention for alcohol abuse problems. Special emphasis is placed on reaching high-risk populations; including those under age 21, those ages 21 to 34, repeat offenders, and high-BAC (blood alcohol concentration) offenders.

  • Sentencing Guidelines for DWI Offenders

    Traffic fatalities in alcohol-related crashes rose by 4 percent between 1999 and 2000 and stayed about the same between 2000 and 2002 (NHTSA, 2003a). Alcohol-related fatalities, however, had declined by about one-third between 1982 and 1993. The criminal justice system, the responsible Government agencies, and the public must pay more attention to the impaired-driving problem if improvement is to occur again.

  • Sobriety Checkpoints

    Fewer alcohol-related crashes occur when sobriety checkpoints are implemented, according to a report published in the December 2002 issue of Traffic Injury Prevention. This conclusion is based on a systematic review of research on sobriety checkpoints. The review was conducted by a team of experts led by CDC scientists, under the oversight of the Task Force on Community Preventive Services–a 15-member, non-federal group of leaders in various health-related fields.

  • Substance Abuse and Mental Health Services Administration (SAMHSA)

    SAMHSA, an agency in the Department of Health and Human Services, is the Federal Government's lead agency for improving the quality and availability of substance abuse prevention, addiction treatment, and mental health services in the United States.

  • Teenage Impaired Driving

    NHTSA works to discourage impaired driving through a three-pronged strategy: high-visibility law enforcement with supporting communication campaigns; enhanced prosecution and adjudication; and medical screening and brief intervention for alcohol abuse problems. Special emphasis is placed on reaching high-risk populations; including those under age 21, those ages 21 to 34, repeat offenders, and high-BAC (blood alcohol concentration) offenders.

  • Zero Tolerance DUI Laws

    Zero tolerance DUI laws enforce the fact that it is illegal, in every one of the United States, for anyone under 21 years of age to purchase or possess any beverage containing alcohol. The zero tolerance law mandates that any underage drinker who operates a vehicle with any amount of alcohol in his bloodstream is guilty of a DUI on a per se basis, regardless of whether or not the blood alcohol level is above the legal limit.

State Highway Safety Offices - DUI and DWI Laws

Organizations Related to DUI and DWI Law

  • 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.

  • Governers Highway Safety Association

    Laws provide many tools to combat drunk driving. Administrative License Suspensions allow licenses to be seized during an arrest. States use .08 Blood Alcohol Concentration (BAC) to determine drunk driving, and many have increased penalties for drivers with high BAC levels. A federal program offers incentives to states that adopt open container and repeat offender laws.

  • Highway Safety Desk Book

    This book is intended for police leaders. After all, that's what you are—whether you call yourselves commanders, administrators, executives, or supervisors, you are, first and foremost, leaders. It is intended as a quick and practical compendium of information to assist you in asserting your leadership in one of policing's most important functions, Police Traffic Services.

  • MADD - Mothers Against Drunk Driving

    MADD was incorporated on September 5, 1980, the mission or purposes of MADD as stated in its Articles of Incorporation were “To aid the victims of crimes performed by individuals driving under the influence of alcohol or drugs, to aid the families of such victims and to increase public awareness of the problem of drinking and drugged driving.

  • National Institute on Alcohol Abuse and Alcoholism

    NIAAA provides leadership in the national effort to reduce alcohol-related problems by: * Conducting and supporting research in a wide range of scientific areas including genetics, neuroscience, epidemiology, health risks and benefits of alcohol consumption, prevention, and treatment * Coordinating and collaborating with other research institutes and Federal Programs on alcohol-related issues * Collaborating with international, national, state, and local institutions, organizations, agencies, and programs engaged in alcohol-related work * Translating and disseminating research findings to health care providers, researchers, policymakers, and the public

  • National Motorists Association

    The NMA supports drinking and driving regulations based on reasonable standards that differentiate between responsible, reasonable behavior and reckless, dangerous behavior. The NMA does not support "zero tolerance" concepts, nor does it endorse unconstitutional enforcement and judicial procedures that violate motorists' rights.

  • Stop Impaired Driving

    Impaired driving continues to be one of the deadliest crimes in America. This site is designed to provide you with information and resources to fight drunk and drugged driving in your community.

  • Underage Drinking Enforcement Training Center

    The Underage Drinking Enforcement Training Center was established by the Office of Juvenile Justice and Delinquency Prevention (within the U.S. Department of Justice) to support its Enforcing Underage Drinking Laws Program.

  • Visual Detection of DWI Motorists

    More than a million people have died in traffic crashes in the United States since 1966, the year of the National Traffic and Motor Vehicle Safety Act, which led to the creation of the National Highway Traffic Safety Administration, or NHTSA.

Articles on HG.org Related to DUI and DWI Law

  • The Not-So-Minor Penalties of Underage Drinking in Texas
    For decades, countless organizations and committees have been created to fight the criminal offense of underage drinking in the United States. Whether it is the gathering of a local community council, new bills proposed to state government or a national movement, people are always trying to lower the alarming number of teens and younger children who drink alcohol before the age of 21.
  • Conviction Reversed for Conspiracy to Commit Burglary of Junk Cars for Gasoline
    The California Supreme Court has defined “building” broadly for purposes of burglary. Some may say that such liberal or loose definitions have led to convictions that were not legally correct. In the case of People v. Pablo Mendoza Chavez, a Kings County matter, Chavez was convicted of many offenses, including conspiracy to commit burglary.
  • Why to Hire a Criminal Defense Attorney, Fast!
    After being arrested for a DUI, life becomes viciously confusing and difficult. Logistics become skewed as memory fades and those indicted begin to panic. Before someone is charged with any form of a crime, they should hire a criminal defense attorney to evade unnecessary convictions. Here are a few reasons why an attorney should be hired as soon as possible.
  • I Lost My DMV Hearing for My DUI - Now What?
    If you or a family member receives an adverse ruling from the DMV relating to a DUI charge and you face a suspension of your driver’s license, it is only natural to think of an appeal. This may be a response to a belief that the DMV ignored evidence, misapplied the law or that the effects of a license suspension harm one’s employment, health or schooling.
  • You Should Hire an Experienced Orange County Criminal Lawyer
    I am an Orange County criminal attorney; I am also referred to as an Orange County Criminal lawyer. It is the same thing. I have experience, passion, dedication, and success, while representing those facing prosecution for various crimes from drugs, theft assault to DUI. I treat no case too small or inconsequential when one is talking about your freedom. Prosecuted for a criminal offense is something that no one is prepares for, and it can literally ruin your life and turn your life upside down.
  • Strong Marijuana Smell Does Not Justify Warrantless Search of Hotel Room
    On December 10, 2010, security personal at a Los Angeles hotel called police about a reported burglary of a laptop computer and a Blackberry cell phone. Hotel personal believed the suspects were two women staying at the hotel. Police went to the women’s hotel room. At the door, police noticed a “strong smell” of marijuana. Police then knocked on the door and one of the women answered. Police then asked the occupants of the room to exit the room, which they did.
  • Eighth Amendment Challenge to Three Strikes Law Fails
    A strike, defined as a serious or violent felony, carries with it a significant sentence under California’s “Three Strikes Law” (Penal Code §§ 667 (b) - (j) and 1170.12). A conviction for a second strike usually results in a doubling of the sentence. A conviction for a third strike carries with it an indeterminate sentence of twenty five years to life. This type of sentencing structure is in part designed to protect the public from violent and dangerous career criminals.
  • Three Situations When You Need Help from Seattle Immigration Attorneys
    Immigrating to the United States can be a challenging prospect as there are many legal requirements to navigate. Seattle immigration attorneys can assist you with the process of determining what method of immigration to use and can answer all of your questions about green cards, visas, the naturalization process, amnesty and other issues related to immigration.
  • DUI Checkpoint Arrest? A DUI Attorney Seattle WA Can Help
    Throughout Seattle, law enforcement agencies routinely set up DUI checkpoints. These checkpoints are intended to catch people who are driving under the influence of alcohol. If you are stopped at a DUI checkpoint and you are found to be intoxicated and arrested for a DUI, it is absolutely imperative you consult with a DUI attorney Seattle WA as soon as possible. A DUI attorney Seattle WA can review the case against you and the manner in which evidence was obtained.
  • Does a Juvenile DUI Offender Need a Seattle DUI Lawyer?
    Like all states, Seattle has strict rules when it comes to minors and driving while intoxicated or impaired by alcohol. Because the rules are so stringent when it comes to minors and DUI, it is imperative to contact a Seattle DUI lawyer if your child is charged with driving under the influence.
  • All Criminal Law Articles

    Articles written by attorneys and experts worldwide discussing legal aspects related to Criminal Law including: arson, assault, battery, bribery, burglary, child abuse, child pornography, computer crime, controlled substances, credit card fraud, criminal defense, criminal law, drugs and narcotics, DUI, DWI, embezzlement, fraud, expungements, felonies, homicide, identity theft, manslaughter, money laundering, murder, perjury, prostitution, rape, RICO, robbery, sex crimes, shoplifting, theft, weapons, white collar crime and wire fraud.

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