In the United States the definition of the crime of driving while intoxicated, the penalties and description of the charges corresponds to state jurisdiction.
Each state decides what a driver's blood alcohol content level is so that he or she can be classified as a safe motor vehicle operator.
But, although each state has the right to define both the crime of drunk driving and the acceptable levels of blood alcohol concentration (BAC), the United States Congress has influenced states to adopt similar standards. And one way to put pressure is with economic stimuli for public roads.
For example, states that want to receive the maximum amount of federal highway development funding must adopt the presumption that any blood alcohol content above 0.08% means the driver is too intoxicated to drive. All states comply with this guideline.
What is DUI and DWI?
- DUI (Driving under the influence), driving under the influence of substances: usually, penalties range from fines to days in jail. But the sanctions are light, because the alcohol level is moderate, but outside the permitted limit.
- DWI (Driving while intoxicated): These usually involve more serious crimes, because the level of intoxication is higher.
- OWI (Operating while intoxicated): means operating a vehicle while intoxicated.
How is it determined that a driver is drunk?
If an individual drives a vehicle with a blood alcohol content greater than 0.08%, or if a driver has a blood alcohol content above the state legal limit, that driver is presumptively guilty of driving while intoxicated and you can be arrested.
However, some states also have permissible blood alcohol content levels for certain classes of drivers. For example, there are states with 0.04% limits for commercial drivers, and even lower limits for drivers under the legal drinking age of 21.
Arrested on suspicion of driving under the influence?
- The police may request that the driver stop their vehicle. You may also be asked to stop at a random driving checkpoint.
- Police may request that an individual stop if they have reasonable suspicion that the driver is intoxicated and poses a danger to road safety.
For example, doubt may arise if the police see that the driver is driving erratically or have received a report from another driver accusing that person of reckless driving.
Situations of possible drunkenness
The National Highway Traffic Safety Administration (NHTSA) has also developed a list of situations that indicate that a driver is intoxicated. That list includes:
- Fold in a wide radius.
- Collide or are about to collide with another vehicle.
- Turn sharply.
- Driving on the wrong side of the road.
- Braking erratically.
Sometimes police only stop a driver for violating traffic signals; for example, speeding or non-payment of road taxes. And if after stopping the individual you notice signs that he is intoxicated, or you smell alcohol on his breath, or you see open containers of alcohol in the car, then you can also proceed to charge him with drunk driving.
Legal consequences for driving a vehicle after consuming alcohol
Consider that driving under the influence of alcohol, or intoxicated, brings with it several problems:
- Possible revocation of driver's license.
- Responsibility for causing serious accidents, where there may be injuries, deaths, damage to third parties, or property.
- Time in jail.
- Provide community service.
- Attendance at safe driving classes
- Imposing the use of a car ignition interlock device
- Increase in your car insurance premium, because you are considered a riskier driver
Talk to a Qualified Drunk Driving Defense Attorney Today
The attorneys at the Law Offices of Vivian N. Szawarc will help you stay up to date on the latest changes regarding DWI.
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