DUI Laws
No matter where you live in the United States, there are severe consequences for those convicted of drinking and driving. Some states refer to driving drunk as DUI (driving under the influence), DWI (driving while intoxicated), OUI (operating under the influence), OWI (operating while intoxicated) or OMVI (operating a motor vehicle while intoxicated). While there are different acronyms to describe drinking and driving the penalties are severe across the nation.
Specific DUI laws vary from state to state, however all states now have what is known as “per se” laws. This makes it a crime to operate a motor vehicle while having a blood alcohol content of .08% or higher. This means that even if you are not intoxicated you can still be convicted of drinking and driving. However, the prosecution will need to convince a judge or jury that your blood alcohol content was over the state’s legal limit by providing evidence of your chemical test (blood, breath or urine).
In Washington D.C. and 43 other states, have enacted laws to prohibit a driver and passenger from having an open container of alcohol while in a motor vehicle. All states have an Implied Consent law in place. When you received your driver’s license you were impliedly consenting to submitting to a chemical test if properly requested by law enforcement. If police have probable cause to suspect you of driving drunk, they can ask you to take a breath test. For those who refuse, the consequences may be severe including the revocation of your driver’s license.
States also now have Administrative License Suspension laws, which allow police officers to take away your license when you are arrested and charged with drinking and driving. You should contact an experienced DUI attorney right away because many states require that you request a hearing within a few days of your arrest. Failing to request a hearing will result in the automatic suspension of your driver’s license.
Adults are not the only ones who can be charged with driving drunk. Every state has Zero Tolerance laws, which apply to drivers under 21. If you are charged with driving drunk and you have any amount of alcohol in your system, you can be arrested for driving drunk. The penalties vary from state to state, but most likely you’ll face similar penalties as an adult.
Contact an experienced DUI attorney today if you have been arrested for drinking and driving.
Disclaimer:
The contents of this website are provided for informational purposes only and do not constitute legal advice or establish an attorney-client relationship. The outcome of a legal action necessarily depends on the facts and circumstances particular to that action and, as such, results will differ from case to case. Additionally, the law changes and the information on this website may not reflect the most current changes. No person should rely upon or act upon any information contained on this website without first seeking the advice of an experienced lawyer
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