It may go by a slightly different name from state to state, but it's universally considered a crime for a driver to operate a motor vehicle while under the influence of alcohol or other drugs. Depending on which state you're in, it can go by the title driving while intoxicated (DWI), operating under the influence (OUI), and driving under the influence (DUI).
Regardless of the title, these laws make it a crime to drive under the influence of drugs or alcohol when certain conditions are met. One such condition is that the driver's ability to operate the vehicle safely is undermined by drugs, including alcohol, street drugs, prescribed medication, and even antihistamines. Also, the driver must meet certain impairment levels as established by each state. This is often called the blood-alcohol concentration, or BAC.
It's common for a law enforcement officer to stop a vehicle if it's suspected that the driver is impaired in some way. The officer usually conducts what's called a field sobriety test. The officer may also ask for a chemical test of some kind. Again, the process will depend on the particular state.
The field sobriety test may include physical tests like having the driver walk in a straight line. The test may also be cognitive, like reciting the alphabet in reverse.
The chemical test done at the time of the incident may involve a "Breathalyzer". This device measures the blood-alcohol-concentration of the driver. Chemical tests can also be done at a hospital and include blood or urine tests.
Although many states allow the driver to elect which test they'd like to take, all states have what is known as "implied consent". This simply means that when an individual accepts a driver's licenses, which is considered a privilege, the driver is giving his or her consent to being tested if it is reasonably believed that the driver may be impaired. Also, if the driver refuses to take a sobriety test or a chemical test, implied consent laws impose stiff penalties. These include mandatory driver's license suspension.
If convicted of driving under the influence, criminal penalties may ensue. The consequences of a DUI conviction include jail time, community service, fines and probation. The severity of the punishment varies from state to state. Other factors may increase the severity of DUI penalties. For example, a history of DUI convictions or having a child in the vehicle may make the punishment harsher. Additionally, if the driver was simultaneously committing another moving violation, the penalty is often more severe.
If a loved one is arrested for driving under the influence, it is wise to find an attorney skilled at DUI defense cases. The penalties of driving under the influence include jail time and a suspended license. One of the primary tasks of the DUI defense attorney is to analyze the evidence involved. This includes the field test and the results of any chemical tests that may have been conducted. Choosing an experienced lawyer may make the difference between a severe and a less harsh penalty.
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