Operating a car while impaired by alcohol or other drugs, including prescribed medications, is a crime in every state.
The offense is known differently in each state as driving under the influence (DUI), driving while intoxicated (DWI), operating under the influence (OUI), or a similar phrase. Even if blood-alcohol content (BAC) data indicates impairment, a qualified defense attorney may seek to have the case dropped or the penalties reduced.
Lawyers can also frequently negotiate reduced sentences and treatment diversion programs.
What exactly is DUI/DWI law?
DUI and DWI (driving while impaired) law is the body of law that governs criminal drunk driving and impaired driving charges.
A DWI/ DUI law is one that penalizes driving under the influence or driving with an illegal body content of alcohol or drugs. DUI / DWI law deals with both prosecuting and defending drunk driving charges.
If convicted of a DUI, the defendant will face a criminal term (such as community service, a fine, or possibly jail) as well as a driver’s license suspension, depending on the severity of the incident and if it is a first offense. An attorney may be able to help the defendant obtain restricted driving rights, such as having a limited permit to drive to and from work or utilizing an ignition interlock device (IID).
Important Terminologies to Know
- Duty to Submit: Every state requires drivers to agree to chemical testing in order to be issued a driver’s license. This agreement is violated and a driver’s license suspension follows from refusing to take a BAC test.
- Drug Recognition Experts: Police who have received specialized training to assess a DUI suspect’s drug impairment.
- Blood-Alcohol Concentration (BAC): This measurement of alcohol in the blood is used to assess how impaired a driver is by drinking. When breath samples are taken as part of the testing process, this is occasionally reported as Breath Alcohol Content (BrAC).
- DUI Checkpoints: Police-set up roadblocks where drivers are randomly pulled over and checked for intoxication. These checkpoints are generally along major highways or on special occasions (New Year’s Eve, for example) and other alcohol-related events and holidays.
Drugs And DUI/DWI Law Is a New Area of The Law
States are debating how to create regulations to safeguard society from stoned drivers as more and more states legalize marijuana for recreational and medical purposes.
While there is a legal limit for drinking in every state, individual states have taken varied approaches to the issue of drugged driving. Similar to the legal limits for alcohol, several states have established a legal limit for each narcotic.
These states contend that even while the science around drugged driving may still be in its infancy, it is crucial to have laws that forbid certain behaviors in order to safeguard society.
Other states think the strategy is very simplistic. They claim that whereas scientific evidence indicates a threshold at which most people are too drunk to operate a motor vehicle, the same cannot be said for drug intoxication.
State laws on DUI/DWI for drug usage vary. An attorney who specializes in DUI/DWI cases needs to be familiar with local regulations and alert to any changes as they happen.
Driver’s license laws and DUI/DWI
Legislation governing driver’s license frequently overlap with DUI/DWI legislation. A license suspension may result after a DUI or DWI conviction.
A conviction for a repeat offender may result in a license suspension for a year or even until the offender can demonstrate that they are unlikely to commit another offense. Successful DUI/DWI law practice involves educating clients on all of the consequences of a conviction.
A person convicted of drunk driving faces a suspension of their license, a heavy fine, and a period of probation during which they may be required to refrain from consuming drugs or alcohol, with or without testing to ensure compliance.
DUI Penalties
State-specific penalties for driving while intoxicated also differ. If there was an accident, an injury, or a child in the car, you might also be subject to harsher punishments. Fines, license suspension, incarceration (especially if this is your second offense), treatment programs, and ignition interlock devices are common penalties.
You can put an ignition interlock device in your car that has a breathalyzer with a pre-set blood alcohol limit. If the results of the breath test are below the predetermined limit, your car will start.
You won’t be able to drive if that is the case. After a certain number of DUI offenses, several jurisdictions mandate the installation of an interlock device.
Speak With A Lawyer
Anyone who has been charged with DUI should speak with a DUI attorney who specializes in this area of the law. A consultation might be extremely beneficial even if you decide not to retain legal counsel to defend you.
Our competent local attorneys are able to give you advice on local legal guidelines, the prosecutor’s office’s propensity for plea deals, and the effects on your driver’s license. Potential defenses can also be researched by a lawyer. Get help today.
