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.

Copyright HG.org

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

  • Florida DUI Charges Are More than Traffic Tickets
    Florida law treats DUI charges as criminal offenses, and anyone charged with DUI should immediately seek the advice of an experienced criminal defense attorney. Even though the evidence may seem strong in a given case, a knowledgeable criminal defense attorney may explore a variety of factual and legal issues to obtain a favorable result.
  • 10 Quick Tips about Penalties For Drunk Driving in New Jersey
    It is good to prefer refraining from getting convicted of drunk driving. If convicted, hire the best lawyer and remove yourself free of all charges. DUI has serious alternate penalties too with regards to misdemeanor or felony.
  • Is a DUI a Felony?
    Arrested for DUI? Is a DUI a Felony? Regardless of the State, DUI-DWI laws in most jurisdictions have common factors that can escalate a driving under the influence charge to a Felony DUI.
  • What Are Reasons why there may be a False Positive on a DUI Test?
    When a person has been pulled over because of suspected driving while under the influence of alcohol or drugs, he or she is usually tested with a field kit or a breathalyzer machine.
  • Exposing 18 Field Sobriety Test Myths about Reliability
    Every year, over 1 million motorists in the United States are asked to perform the field sobriety tests by a law enforcement officers. Almost no citizens, except DUI lawyers who are specialists in the field of drunk driving defense, know the information posted here. All Americans need to know their rights to NOT self-incriminate.
  • Role of DWI Lawyer in Pennsylvania
    If you are charged with DWI/DUI or any other driving traffic violations, stop worrying!
  • Drunk Driving Penalties & Punishments
    Drunk Driving or DUI is a form of traffic violation caused when the driver is under the influence of alcohol or any other toxic element. The maximum penalties for someone caught due to drunk driving are imprisonment and fines or License cancellation.
  • Traffic Violations [Explanations and Consequences]
    Moving violation of traffic laws means, violating the traffic rules when the vehicle is in motion such as DUI (driving under the influence of alcohol, drugs etc.) or DWI (driving while intoxicated).
  • DUI Checkpoints in New Jersey
    New Jersey has multiple options in the ongoing fight to curtail drunk driving. Sobriety checkpoints are a legal police method used to combat DUI in South Jersey.
  • Four Frequently Asked Questions about Occupational Licenses in Texas
    This article explains answers to four of the most frequently asked questions about occupational driver's licenses in Texas. Do I need to go in front of the judge to receive an ODL? What happens at a hearing? What happens if my Occupational License doesn’t get approved by the judge? If I have a DWI conviction, can I still apply for an Occupational License?
  • 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

Organizations Related to DUI and DWI Law




Find a Lawyer

Find a Local Lawyer