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
- How to Regain Driving Privileges in North Carolina After a DWI SuspensionIn North Carolina, it is common for people to lose their driving privileges after being arrested on suspicion of drunk driving. In some cases, it is possible to have these driving privileges restored.
- Roswell DUI Lawyer for a Georgia Drunk Driving Arrest or Traffic Ticket - Best DUI AttorneysHiring a trial lawyer to avoid a DUI conviction in Roswell GA, plus save your driving privileges, and fight to get DUI charges dropped is imperative. Former Roswell Police Department officer Cory Yager worked for Roswell GA PD until he passed the Georgia Bar, and started working as a Roswell DUI attorney with famed DUI lawyer William C. 'Bubba" Head in 2007.
- Sandy Springs DUI Lawyer for Georgia Driving Under the Influence (DUI) or Traffic Ticket CaseHiring [an experienced] Sandy Springs DUI Attorney is the starting point for a successful criminal defense of a DUI in Sandy Springs, GA. DUI, traffic misdemeanor cases and Sandy Springs Ordinance violations are all part of what our criminal defense attorneys handle in the Municipal Court of Sandy Springs GA.
- How Long Does a DWI Conviction Stay on a New Jersey Criminal Record?When someone has a conviction for driving while intoxicated, he or she have this on his or her record for a long time before it is expunged. In New Jersey, the typical time frame is up to ten years for these individuals, and there are certain circumstances that could increase the usual penalties that cause this time to increase.
- Administrative License Revocation in TexasWhen a person is charged with certain offenses in Texas such as driving or boating while intoxicated, he or she may have his or her driver’s license suspended or revoked through an administrative process. This process is independent of any separate criminal prosecution on the matter.
- Summary of Sentencing Guidelines for Misdemeanor Offenses in IllinoisIf a person is convicted of a misdemeanor crime in Illinois, he or she should be aware of the potential penalties that he or she may be facing. The sentencing guidelines describe the maximum penalties that may be imposed by the court. The actual sentence that is received depends on a number of factors, including the type of crime and which class of misdemeanor is charged.
- Obstructing Identification Crime in IllinoisObstructing identification occurs when a person refuses to identify himself or herself to a law enforcement officer when asked. Failing to provide identification can result in a criminal charge and serious consequences.
- What to Do (and Not to Do) If Stopped by Police in IllinoisMany individuals experience the uncomfortable encounter of being stopped by police in Illinois. This is usually because the law enforcement officer claims that you have made some type of traffic violation. You may wind up with a ticket. This is bad enough, but it gets even worse for some.
- Could Missouri's New Expungement Law Help You Clean Up Your Criminal Record?Missouri Senate Bill 588 (also referred to as SB 588) goes into effect on January 1st of 2018. If you have been convicted of a crime, how may the passage of this bill affect you? Is it possible you could have your criminal record expunged or essentially erased?
- I Fled the Scene of an Accident Because I Was Not Licensed – What Now?In most states, it is legally required for a person involved in a car accident to stop and report the accident. While there may be some exceptions to this rule, leaving the scene of an accident can be considered a crime and may also subject the responsible party to civil liability. Understanding the potential implications of this act can help people avoid possible legal issues or minimize the impact after the event occurs.
- 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.