DUI FAQ

Although the DUI / DWI laws vary from one state to the next, most local jurisdictions take intoxicated driving very seriously. However, the penalty for driving under the influence of alcohol depends heavily on the person’s previous driving record. If the individual has a history of multiple DUI / DWI convictions, the punishment will likely include jail time. The outcome is very favorable for the alleged offender if no property damage or physical harm was caused. For first-time offenders, the amount of jail time ranges from an overnight stay at the police station to six months of incarceration. The leniency of the judge plays a major role in the final result.

When it comes to a DUI / DWI case, jail is not the only available option. Some court systems provide a work-release program. This means that the offender will be allowed to continue traveling to work, but has a limit placed on the number of other destinations that can be visited. Electronic Home Confinement, also known as house arrest, is also a possibility. Although the DUI offender will be required to be at home by a specified time, they have the benefit of avoiding any jail time. If it is determined that the person has a drug or alcohol addiction, they may be instructed to attend a rehab program.

Due to the seriousness of a DUI / DWI case, a defendant should always consult an experienced attorney. While individuals being charged with a DUI always have the right to defend their own case, hiring a knowledgeable attorney may prove to be the most effective route to take. An attorney who is well-versed in these special types of cases will give the defendant the best chance of obtaining a favorable judgment. A reputable defense attorney will help ensure that the rights of the defendant are protected at all times.

DUI and DWI are phrases that have become part of the common vernacular, and they are used to describe the crime of impaired driving. However, the terms are not necessarily interchangeable. While every state recognizes that driving with a blood-alcohol content in excess of .08 is a crime, the laws, penalties, and definitions differ by state and county.

Driving under the influence (DUI) is a comprehensive charge that results from impaired driving due to excessive alcohol consumption or substance abuse. In some instances, people convicted of a DUI have consumed alcohol and illicit or prescription drugs in combination. Convicting a person of a drug-related DUI charge can be challenging since breathalyzers only determine blood alcohol content (BAC). To establish that drugs are present in the driver’s system, officers must gather blood, saliva, and urine for chemical testing.

Conventional DUI laws often require the police to apprehend suspects while they are actually driving. However, many states have enacted laws to broaden DUI interpretations to include acts such as sitting behind the wheel of a parked car while holding the ignition key. More recent modifications to the law include empowering officers to arrest an individual for driving with a blood-alcohol content above .08 even if they are not visibly impaired.

Conversely, driving while intoxicated (DWI) is limited in scope and pertains primarily to alcohol-related impairment. The specific violation parameters and allowable punishments vary by state. In some jurisdictions, a DWI is synonymous with a DUI, and the penalties for both are essentially the same. DWI laws can include several other driving-related impairments including improperly or inadequately controlling the vehicle, falling asleep at the wheel or directly endangering the public safety.

Regardless of the term used to describe the infraction, a DUI or a DWI charge is very serious. A conviction can result in loss of driving privileges, mandatory ignition lock installation and even a possible jail sentence. Anyone charged with an impaired driving offense should contact an attorney who deals with DUI and DWI criminal representation.

Blood alcohol level is the amount of alcohol that is in your system after drinking. There are several factors that will alter this level for people who drink the same amount. Your weight plays a major role in your alcohol level. Someone who weighs 200 pounds and has a high metabolism can drink three beers and be fine while someone who is 120 pounds can drink three beers and not be able to walk a straight line. If you are suspected of driving while intoxicated, you will probably be given a blood-alcohol test. This test measures the weight of alcohol that is in the volume of your blood, and the result is a percentage. All states have a limit of .08 percent before someone is declared intoxicated.

While .08 is the legal limit for driving while intoxicated, some people’s driving is negatively affected when the alcohol content is .03 percent. The reaction times are slower, and you might not be able to stay in your lane. This is an accident waiting to happen, and the alcohol content is only a fraction of the legal limit. Most officers will measure the alcohol content by using a breathalyzer. This is an easy way to initially determine if you are intoxicated. Some officers will perform a sobriety test, but this is not indicative of being intoxicated. However, if you fail the test, you could be convicted of a DUI even if you have an alcohol level below the legal limit. There are some states that have a zero tolerance policy when it comes to drinking and driving. This means that if you are caught with a blood alcohol content of even .01 percent, you can lose your license.

If you have received a DUI charge, contact an attorney immediately. Give the lawyer as much information as possible about the situation and any tests that were conducted in the field. The attorney can try to get the charges reduced or dropped in court.

DUI is an acronym for driving under the influence. In some states, it is referred to as a DWI, and this means driving while intoxicated. Regardless of the exact name, a DUI is a serious crime that can lead to high fines, jail time and extensive legal fees. The financial cost of a first-time DUI can be substantial after taking into account fines, fees, and insurance rate increases.

Many people erroneously believe that they can only be arrested for a DWI if they are caught operating a motor vehicle with a blood alcohol content that is higher than the legal limit. Although this is the most common form of a DWI, there are many other ways to be charged with this crime. For example, a motorist whose ability to properly operate their vehicle has been diminished due to narcotics can face the same charges as someone who is drunk.

There are several prescriptions and over-the-counter medications that can also lead to a DUI if proper measures are not taken. It is important to note that having a medical marijuana card does not excuse anyone from smoking or ingesting marijuana before driving. Other examples of legal drugs that could cause a motorist to be arrested for a DUI include pain medication with codeine, sleeping pills, and anything else that specifies that it can cause drowsiness and should not be taken before operating a motor vehicle.

It is easy to assume that all DWIs are the same, but this is definitely not the case. Instead, a person who chooses to drive under the influence could end up with a standard DUI, an aggravated DWI or a felony DWI. Anyone who has a commercial driver’s license will also put their job and CDL at risk by obtaining a DUI. Aggravated and felony DUIs occur when other factors are present such as speeding, having children in the vehicle and driving without a license. Drivers who have been charged with DUI can be facing significant penalties as a result and should contact an experienced DUI attorney for assistance.

To better understand this charge, it is essential to understand what generally constitutes an aggravating factor. Aggravation in the legal sense is a factor or factors related to a crime that increases enormity or the harmful consequences associated with it. These must be in addition to or beyond the basic matter of the crime itself. In layman’s terms, an aggravating factor is something that makes a crime worse than it ordinarily would be.

The definition of an aggravated DUI / DWI varies according to what factors are taken into account by individual states. These can include any, some or all of the following:

• Extremely high BAC level
• Minors present in the vehicle
• Multiple DUI / DWI convictions
• Driving with suspended or revoked license
• Excessive speed

An extreme Blood Alcohol Content (BAC) level is often reckoned as twice the legal limit of .08 percent or a BAC of .15 percent in many locations. A higher BAC is often associated with both greater impairment and tougher sentences handed down to drivers. In the states of New Hampshire and Utah, an aggravated DUI is indicated when a person drives with a BAC greater than .16 percent.

In terms of multiple offenses or convictions, some states will automatically count a second or third DUI / DWI charge as an aggravated DUI, including, for example, the state of Illinois, which does so upon reaching the third offense. Some states are less lenient, but few require more than a third conviction to consider recidivism as an aggravating factor.

Excessive speeding influences sentencing in a similar way. A person who is pulled over while driving far above the posted speed limit can expect a much higher sentence, if convicted, than one driving near or below the speed limit. Additionally, a driver who is accused does not have to cause an accident to be charged with an aggravated DUI / DWI.

If you have found yourself charged with aggravated DUI / DWI, it is in your best interest to contact an experienced attorney in your area to represent you. Because these charges often result in higher rates of conviction and harsher sentences, you need a lawyer to help you get the charges reduced or to bargain on your behalf during the trial and sentencing phases of your case.