Driving While Intoxicated (known as "DWI"), or Driving Under the Influence (known as "DUI") involves operating a vehicle with alcohol in your bloodstream. While there are some differences in the law between different states, this is a serious charge in every state that can result in a suspension of your driver's license, fines, increased insurance rates, and jail time.
If you get pulled over for DUI, the state law that applies will be the state that you get pulled over in - not the state that issued you your driver's license.
It is illegal to drive in every state with a blood-alcohol concentration level of .08 or more (meaning at least 8% of your bloodstream has alcohol in it). One can reach .08 in as little as one or two drinks - depending on your weight, sex, and current health status.
Some states can charge you with drunk driving even at levels below .08 if they can still show that it adversely affected your ability to safely operate a vehicle. The .08 level becomes a point where they can make a 'per se' claim that your driving was impaired.
Many states have increased penalties for driving with blood-alcohol levels substantially higher than .08. All states also have penalty enhancements if you have more than one DUI conviction. A DUI conviction can stay on your record for several years.
Nearly every state also has "implied consent" laws that allow police to ask you to submit to a chemical test if you are arrested on suspicion of drunk driving. The test involves either a breath, urine, or blood-analysis to measure your blood-alcohol level. If you refuse to take the test, you can face penalties such as having your license suspended, fines, and more - even if you are ultimately found not guilty of DUI.
Police are usually required to inform you of the "implied consent" laws and the potential consequences if you refuse to take the test. Some states require the breath test, but allow you to demand a blood or urine test as a back-up in case you need to verify the breath test results.
The chemical tests given to you in custody should not be confused with the less reliable "field sobriety tests". Field sobriety tests are usually given to the driver as soon as they are pulled over on the street. They are used by police to help determine if they have enough evidence to arrest you on suspicion of drunk driving. Most common forms of the "field sobriety test" include:
- Having you follow the police officer’s finger or object with your eyes to see if there is involuntary trembling in your eyeball.
- Making you walk in a straight line for nine steps, turn and walk back in a heel-to-toe fashion.
- Standing on one leg for several seconds with your other leg raised at least 6 inches off the ground to check your balance and coordination
- Bringing your index finger to your nose while standing straight with your eyes closed.
In many states, "field sobriety tests" are optional - meaning that you can refuse to take them if you don't want to. Most police won't bother to tell you this.
Drunk driving defense is a specialized area of law. If you are being charged with drunk driving, you will want an attorney with specific experience on this topic.
[Note from HandelontheLaw.com: This article is to be used as an educational guide only and should not be interpreted as a legal consultation. Readers of this article are advised to seek an attorney if a legal consultation is needed. Laws may vary by state and are subject to change, thus the accuracy of this information can not be guaranteed. Readers act on this information solely at their own risk. Neither HandelontheLaw.com, or any of its affiliates, shall have any liability stemming from this article.]
