Driving While Intoxicated FAQ

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  • What is the difference between "DWI" and "DUI"?

  • Do I have to take a breath test or can I insist on another test?

  • Do I have to submit to a field sobriety test?

  • Can I be stopped and arrested for DWI even if the vehicle was not moving?

  • What is the " open container" law?

  • What are the penalties for a DUI conviction?

  • If my driver's license is suspended, how can I get it back?

    Q: What is the difference between "DWI" and "DUI"?

    A: State laws refer to the drunk driving offense as either ''driving while intoxicated'' (DWI), ''driving under the influence'' (DUI), or less commonly ''operating while intoxicated'' (OWI) or ''operating while under the influence'' (OUI). Some states have an additional offense of ''driving while impaired,'' but it is generally a lesser included offense of DWI or DUI. Regardless of the term chosen, a driver generally violates drunk driving laws by operating a motor vehicle after consuming enough alcohol to register a specific blood-alcohol level. As of 2005, driving with a blood-alcohol level of .08 or above is illegal in all states.

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    Q: Do I have to take a breath test or can I insist on another test?

    A: All of the portable devices used by police have to be approved by the National Highway Traffic Safety Administration (NHTSA) (link to NHTSA site) and should be problem-free if maintained and used correctly.

    Whether you have the option to choose the test you take depends on the state you are in when stopped. Refusing to take a blood-alcohol test can have serious consequences, including suspension of your license and being prosecuted for drunk driving.

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    Q: Do I have to submit to a field sobriety test?

    A: Field sobriety tests are used by an officer to help determine if, in his or her opinion, you are under the influence of alcohol and should be arrested for drunk driving. The officer may place you through a series of balance (walking an imaginary line or leaning back with eyes closed), coordination (counting on the fingers or touching a finger to your nose while your eyes are closed), or mental (reciting the alphabet or counting backwards) tests. The tests are often viewed as additional evidence, and whether you must comply will depend on the state you are in when stopped and requested to take the test.

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    Q: Can I be stopped and arrested for DWI even if the vehicle was not moving?

    A: It depends on the state you are in. In some states, the law says that a person is guilty of drunk driving only when actually operating the vehicle. In other states, having the key in the ignition will satisfy the vehicle operation requirement if there was the ability to operate the vehicle.

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    Q: What is the ''open container'' law?

    A: Open container laws prohibit the possession of any open alcoholic beverage container and the consumption of any alcoholic beverage in the passenger area of a motor vehicle.

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    Q: What are the penalties for a DUI conviction?

    A: The penalties for a DUI conviction vary from state to state and depend, in a large part, on whether this is a first, second, third or subsequent conviction.
    All states impose penalties that include some or all of the following:
    • Fines, increasing with subsequent offenses
    • Screening for substance abuse
    • Community service
    • Suspension of driver's license, increasing with each offense
    • Point charges against the defendant's license up through revocation of the license for a predetermined period of time
    • Felony conviction with jail or prison time for a third or subsequent conviction

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    Q: If my driver's license is suspended, how can I get it back?

    A: ''Occupational licenses'' are available under many different circumstances. The judge must find that an ''essential need'' exists, such as school or job commuting. The license is restricted as to routes, areas and times.

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