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 on HG.org Related to DUI and DWI Law
- Alcohol and Mind WanderingAlcohol has been shown to be one of the leading causes of fatal car accidents; around 58% of drivers involved in fatal crashes were found to be driving under the influence of alcohol in a research review article. An article written by Michael Sayette and colleagues in Psychological Science, suggests a factor contributing to the commonality of DUI arrests: mind wandering.
- Do You Need an DUI Lawyer? You Just MightMany people don't really believe they should go to the expense of hiring a DUI lawyer when arrested for a drunken driving offense. Do you really need an attorney, should you just plead guilty? There are plenty of questions you probably have, which is just one reason you should at least speak with an experienced defense attorney.
- What Police are Looking for in a DUI DriverUnder the Fourth Amendment of the United States Constitution, police are not allowed to simply stop any car in order to investigate the driver for a DUI offense. Both the U.S. and California Supreme Courts have held that officers must have reasonable or probable cause that the driver is violating the law before pulling a vehicle over. A traffic stop based on a mere suspicion or idle curiosity is not valid, and an officer needs an objectively reasonable basis for stopping a vehicle.
- Most Common DUI Question AnsweredMost Common DUI Question Answered: What Do I Do If I Am Pulled Over?
- Driving While License Suspended or Revoked Offenses in FloridaDriving with a suspended or revoked license can be as benign as a civil traffic violation or as serious as a third degree felony, depending on the reason for the suspension and/or your number of prior convictions.
- Can You be Stopped for a Law that Does Not Exist?The Supreme Court recently decided you can be stopped for breaking a law that does not exist.
- What Constitutes Probable Cause for a DUI Stop?Many people are surprised to learn that law enforcement officers are not simply allowed to stop any vehicle they see on the road.
- Pleading No Contest to DUIWhen a person is charged criminally with a DUI offense there are several different pleas that he or she can enter in court.
- What is Retrograde Extrapolation?Retrograde extrapolation is the scientific and mathematical process used by chemists and toxicologists to estimate what a person’s blood alcohol content was at a specific time based on test results obtained at a later period of time. In the context of DUI cases, it is often used to determine whether or not a driver had a BAC of 0.08 or higher at the actual time of driving based on what the BAC was at the time of testing.
- Tips for Staying Safe on California Roads During the Holiday SeasonThis is the time of the year when California's highways become full to capacity with parents, children, cousins, grandparents, and friends traveling through the state to be together for the holidays.
- All Criminal Law Articles
State Highway Safety Offices - DUI and DWI Laws
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
- 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)
- 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.
- Teenage Impaired Driving
NHTSA works to discourage impaired driving
Organizations Related to DUI and DWI Law
- Alcohol Problems and Solutions - Driving While Intoxicated (DWI/DUI) Law and Policy
- Governers Highway Safety Association
- Highway Safety Desk Book
- MADD - Mothers Against Drunk Driving
- National Institute on Alcohol Abuse and Alcoholism
- National Motorists Association
- Underage Drinking Enforcement Training Center
- Visual Detection of DWI Motorists