Driving Under the Influence

Driving Under the Influence
Some states may call it driving while intoxicated (DWI), operating under the influence (OUI), or operating a motor vehicle while intoxicated (OMVI), but regardless of where you do it or what you call it, driving under the influence (DUI) is a serious criminal offense.

Indeed, it is illegal to operate any type of vehicle if your driving abilities are impaired due to alcohol consumption or drug use—even if the drugs in question are over-the-counter or prescribed medications. In addition, “per se” laws make driving with a blood alcohol content (BAC) above .08% illegal, regardless of whether your driving abilities are impaired. Due to Zero Tolerance laws, drivers under the age of 21 can even be charged with DUI if they have even the slightest trace of alcohol in their system.

In other words, if you are driving recklessly, and display signs of intoxication—such as slurring your speech—you can be charged with DUI, even if your BAC is well below the legal limit of .08%. On the other hand, you can be driving perfectly, and show no signs of intoxication, but if your BAC is above .08%, you can still be charged with a DUI per se violation.

If an officer suspects you are driving under the influence, he or she may ask you to perform a series of field sobriety tests, such as balancing on one foot or walking an invisible straight line, to determine whether you are intoxicated. In addition, he or she may also ask you to take a breath, blood, or urine test in order to determine your BAC.

Although field sobriety tests are voluntary in most states, each state has implied consent laws that require drivers to submit to testing if an officer requests any type of alcohol test.  As a result, if you refuse testing, your license will automatically be suspended. In some cases, the penalties for refusing an alcohol test can actually be more severe than failing one.

In addition to losing your license, if you are convicted of driving under the influence, you may be sentenced to probation, community service, or even jail time. Additional penalties may also apply if you were operating a commercial vehicle or had a child in your car. If you have previous DUIs on your record, you can also expect more severe punishments.

If you have been charged with driving under the influence, it is important to seek help from a skilled legal professional immediately after your arrest. Don’t let one mistake jeopardize your future. Contact a DUI attorney in your area today to discuss your case.

States and Cities:
AK Alaska, Anchorage LA Louisiana, New Orleans OH Ohio, Cincinnati
AL Alabama, Montgomery MA Massachusetts, Boston OK Oklahoma, Tulsa
AR Arkansas, Little Rock MD Maryland, Baltimore OR Oregon, Portland
AZ Arizona, Phoenix ME Maine, Portland PA Pennsylvania, Philadelphia
CA California, Los Angeles MI Michigan, Detroit RI Rhode Island, Providence
CO Colorado, Denver MN Minnesota, Duluth SC South Carolina, Charleston
CT Connecticut, Hartford MO Missouri, Branson SD South Dakota, Sioux Falls
DE Delaware, Wilmington MS Mississippi, Jackson TN Tennessee, Nashville
FL Florida, Orlando MT Montana, Bozeman TX Texas, Houston
GA Georgia, Atlanta NC North Carolina, Charoltte UT Utah, Salt Lake City
HI Hawaii, Honolulu ND North Dakota, Fargo VT Vermont, Burlington
IA Iowa, Des Moines NE Nebraska, Omaha VA Virginia, Richmond
ID Idaho, Boise NH New Hampshire, Portsmouth WA Washington, Seattle
IL Illinois, Chicago NJ New Jersey, Newark WI Wisconsin, Milwaukee
IN Indiana, Indianapolis NM New Mexico, Albuquerque WV West Virginia, Charleston
KS Kansas, Kansas City NV Nevada, Las Vegas WY Wyoming, Cheyenne
KY Kentucky, Lexington NY New York, New York DC Washington DC