Driving While Intoxicated

Driving While Intoxicated ("DWI") is considered a serious crime in every state. DWI and Driving Under the Influence ("DUI") refer to the same crime. Drinking alcohol or taking drugs may affect your ability to operate cars, boats or industrial equipment in a safe manner. It is against the law in every state to drive under the influence of alcohol or drugs if you cannot safely operate your vehicle.

If the police observe you driving erratically or violating traffic laws, they are permitted to stop and question you for a DWI violation. If they suspect that you are intoxicated, they can ask you to submit to various tests, including a blood alcohol test.

Blood Alcohol Content

When you consume alcoholic drinks, alcohol is absorbed into your blood stream. The level of alcohol in your blood, called the Blood Alcohol Content ("BAC"), can be measured by different tests. As of 2005, driving with a blood-alcohol level of .08 or above is illegal in all states. This measurement means that your blood contains eight/one-hundredths percent of alcohol. All states have statutes that provide for lower prohibited BAC levels for commercial drivers, as well as zero tolerance laws for drivers under age 21.

If the police suspect that you are drunk, they can require you to take a breathalyzer or other test to measure your blood alcohol content. Refusal to take a test may result in an automatic suspension of your license for a long period of time, as much as six months or a year, depending upon the state.

You also can be convicted of drunk driving without the results of a blood alcohol test or if your blood alcohol test result is lower than the statutory amount. A jury may convict you based on evidence that your breath, conduct, language, and motor movements showed that you were drunk and unable to drive safely.

Punishment

The penalties for drunk driving are serious.

• Punishment for first time offenders includes suspension of driving privileges, points on your driver's license, and fines.
• Punishment for second and subsequent offenses increases significantly and usually means jail time.

A drunk driving conviction also generally causes your automobile insurance premiums to increase dramatically.

Many people charged with drunk driving request a trial to fight the charge. Legal defenses may be raised to defeat the drunk driving charge or reduce the penalties. You will need a lawyer to adequately defend yourself at trial.

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