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
- Felony DUIs in Colorado Mean You're Going to JailIn 2015, Colorado passed a law which made a fourth DUI or more a felony offense. By definition, a felony is a crime in which the sentence includes the possibility of prison time. In this case, a felony DUI is punishable by 2 to 6 years in prison. However, despite the seriousness of this mandate, many of those convicted for felony DUI have only received probationary sentences or nominal jail time.
- Implied Consent Law after Drunk Driving Arrest Confuses & Confounds Drivers; Loss of Driver LicenseEvery person who gets a driver's license in America is subject to having his or her driving privileges taken, if he or she refuses to take the State-Administered Breathalyzer Test. Even for those who take the breath alcohol test following DUI-DWI arrest, some loss of driving privileges is common.
- The Romberg Test Is a Medical Evaluation Being Used by a Lay Person as a Non-Standardized Field Sobriety TestPolice in America, on a NATIONAL level, have created a bogus roadside evaluation called the modified Romberg balance test. Although recently determined to not be competent evidence in Georgia in Mitchell v. State (Ga Supreme Court, 2017), it is still used by some police officers today to try to determine if a driver is intoxicated.
- Romberg Test DUI Results Used by Police Have Never Been Proven to Reliably Identify Drug ImpairmentNamed after a 19th-century neurologist, the Romberg test is used to evaluate medical patients to see if they have “normal” balance while simply standing in a certain manner.
- Explaining the Difference between Indictable Crimes and Disorderly Persons Offenses in New JerseyIn New Jersey, violations of the state’s criminal code can be of the more serious variety – indictable crimes – or the less serious variety – disorderly persons and petty disorderly persons offenses. These types offenses are differentiated by the type and severity of the act itself, and the circumstances surrounding it.
- Being a Habitual Traffic Offender in Colorado Requires Mandatory Jail TimeDriving with a revoked license comes with this fatal consequence- mandatory jail sentence. A traffic defense attorney can even challenge this sentence and identify other weaknesses in the case to suppress evidence or dismiss the case entirely.
- Should Older People Be Barred from Driving?Utah recently passed a bill to lower the per se limit for DUI from .08, the national standard, to .05. The state argued that numerous studies indicate this would increase safety.
- Georgia DUI Laws Punish DUI-Drugs More Harshly, So DUI-Marijuana Cases Must Be FoughtMost people know that possession of more than an ounce of marijuana—a Schedule I controlled substance—is a felony. But, even when no marijuana is present in your pockets or vehicle, driving under the influence of marijuana is DUI-Drugs can bring more severe punishment and driver's license loss.
- Georgia Drunk Driving Law Now Offers Some Georgia Licensees an Ignition Interlock Option for DUI RefusalFor the first time in Georgia DUI history, a person who has refused to take a post-arrest forensic test of breath, blood or urine can get an ignition interlock device for 12 months, and avoid the draconian impact of a total 1 year suspension of all driving privileges.
- Cross-Examine Blood Draw Witnesses: Quick-and-Dirty Phlebotomy BasicsThe criminal DWI defense lawyer must know how to cross-examine the prosecutor's blood draw witness. Some phlebotomy basics will help get you started.
- 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.