DUI & DWI Information
Due to the dire consequences of DUI and DWI related accidents officers are always on the look out for drivers who may be driving under the influence. An officer may pull over a driver who is driving erratically, or just for a routine stop. In every state there is a DUI law, but the laws are different, depending upon the state you live in.
What is DUI?
Driving Under the Influence, or DUI is when the driver's ability to safely drive a car or some other type of vehicle is impaired due to things such as drugs, including prescription and over-the-counter drugs, as well as alcohol. DUI can also be when the driver of a car's BAC level is above a certain established level, usually around .08. In all states, it is illegal and extremely dangerous to get into a car and drive while impaired. You may also see DUI referenced as being a DWI, OMVI, or OUI. All of these deal with operating a vehicle while under the influence of some substance.
How is a DUI offense proven?
If someone is pulled over by a police officer because of suspicions of a possible DUI offense, there are several different tests that are used in order to decide whether or not the driver is in fact impaired or under the influence. One of the most commonly used tests is the breathalyzer test. This involves the driver blowing into a device that will record his blood alcohol level (BAC level). If the BAC level is above .08, the driver is considered to be intoxicated. In some cases, a BAC level of .02 can also result in a DUI offense.
Another option is a field sobriety test. These include the walk-and-turn test as well as the one-leg stand test. Both of these tests are administered by a police officer. The police officer is trained to look for certain criteria during the test. If the driver "fails" the test, he or she can be issued a DUI. Failing a walk-and-turn test would be not being able to walk in a straight line with heel to toe, or not being able to keep balance.
Can someone refuse to take one of these tests?
Yes. Any driver pulled over by a police officer can outright refuse to take a breathalyzer test. However, refusing to take the test can result in additional charges.
What type of consequences must a DUI offender face?
The specific consequence that the offender will have to face will depend upon the state that he or she lives in. Each state has different laws and penalties. In most cases a repeat DUI offender will face much harsher penalties than a first time offender. Some of the most common penalties are a license suspension, orders to attend AA classes, community service, and fines.
