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
- Florida Boating SafetySadly, many Florida boat owners are blind to boating safety and fail to maintain a safe ship. Most boats by their nature do not offer secure footing and provide the relaxation and excitement which often override safety precautions. All too often we hear of deaths and crippling injuries when a negligent boat owner fails to yield the right of way to another boat or maintain a safe vessel.
- If I Allow My Friend to Drive Drunk, and it Results in Death, Can I Be Held Responsible?Drunk Driving accidents are continuing to occur. What you may not know is that you can be held criminally liable for a death even if you are not physically at the scene of the crime.
- NYPD Officer Arrested for Off Duty Drunk Driving AccidentNo one is perfect, and even police officers can be caught driving under the influence. Such is the case for a 28 year-old off-duty police officer of the NYPD.
- DUI Ends in Death of Son for Texas ManLast month, a Texas father was charged with reckless homicide and aggravated driving while under the influence of alcohol. The man, F. J., was driving an SUV from Texas to Chicago.
- What Should I Do if I Can’t Afford to Make the Bail in My Case?Over two thirds of present inmates and people locked up right now in the United States are those awaiting trial, not convicted criminals. Many of these people are locked up because they can’t afford to bail or they have no means to pay bail. A bail amount is the amount of money to be paid to secure that the accused will return to trial, and failure many times results in imprisonment in a justice system that embraces the term “innocent until proven guilty”.
- Understanding Careless and Reckless Driving in ColoradoWhen discussing unsafe driving in the context of traffic accidents, the lines between criminal and civil liability can often get blurred. The purpose of this article is assist readers in understanding both the criminal and civil legal issues that can arise from a Colorado traffic accident.
- Legal Ramifications of Pocket BreathalyzersWith the march of modern technology ever forward, interesting new gadgets find their ways into our pockets. Take, for example, the rise of recent gadgets to help keep intoxicated drivers off the road. Of course, when technology makes its way into our lives, the law is often not far behind. So how will pocket breathalyzers affect the law?
- Aside from Jail, What are Other Possible Consequences of Getting a DUI?We are all well aware of the dangers of driving intoxicated or while otherwise impaired. Not only can you seriously injure or kill someone (including yourself), you may also face jail time, fines, and loss of your license. What other possible consequences exist for getting a DUI?
- Arizona Drugged Driving - Driving Under the Influence of Drugs in ArizonaHave you been charged with driving under the influence of drugs in Arizona? Are you wondering what the penalties are for an Arizona drug DUI conviction? In Arizona you can be convicted of DUI if you operate a motor vehicle while under the influence of any illegal substance, or any legal substance if you were impaired at the time of driving.
- Motor Vehicle Division Hearings in ArizonaIf you have been charged with drunk driving in Arizona you have (15) fifteen days from the date you were served with either an Admin Per Se or Implied Consent form to request a hearing with the Motor Vehicle Division (MVD); otherwise, your license is automatically suspended.
- 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