Things You Should Know About Drunk Driving
Some Hollywood celebrities become instantaneously popular on the internet, not because of a blockbuster movie or a new CD, but because of a DUI or DWI arrest. As no one is above the law, Hollywood stars included, it is imperative that ordinary citizens should understand what drunk driving is, what qualifies it as an offense and how and when to seek legal help.
What is the qualifying difference between a DUI and a DWI?
States differ on how their laws address Driving While Impaired (DWI) and Driving under the Influence (DUI) charges. Generally, both refer to one and the same thing – driving while drunk.
In some states, DUI is non-existent; all drunk driving cases fall under the label, "driving while impaired or intoxicated". The federal government however qualifies DWI from DUI depending on the amount of alcohol found in the blood of the driver, commonly referred to as BAC (blood alcohol content). Blood alcohol content is set at 0.08 percent – when the driver's BAC is over the 0.08 limit, he is issued a DWI charge and a DUI for BAC falling under 0.08.
Drunk and Driving: How Sobriety is tested
There are different approaches to testing sobriety of a driver suspected on driving while impaired. Results of the following tests determine the driver’s sense of balance, attention span and physical condition at the time the tests were administered to him. Failure to pass any of the tests substantiates impairment and gives rise to a mug shot and a DUI/DWI charge sheet.
"Tale of the Drunk"
The manner at which a person drives his vehicle is certainly what gives him away to the police. Either he is driving too fast or too slow, zigzagging or failing to respond to an initial warning to stop makes it all the more convincing to the police that there is a problem.
When you are signaled to stop and the police officer comes up to you for questioning, make sure that your breath and your speech collaborate with your alibi! Alcohol can easily be detected in your breath, and an impaired speech can drum it up. When the police officer requests you to come out of the vehicle, your unsteady gait will give away your alibi that you have not had a few drinks too many. It is just a matter of finding out if what you took was not beyond the allowable limits, for you to be on the road still - and driving.
Other tests right on the spot will determine if you had "one bottle every so often": if you can't support yourself on one leg, cannot walk on a straight path, cannot recite the alphabet or count, etc. Enlargement of the pupil of the eyes may also indicate intoxication. When you fail in any of these field tests on sobriety, the attending police officer can arrest you and subject you to a lab test to further determine the level of your intoxication.
A screen test on your blood to determine its alcohol content is one of the most reliable tests that the law imposes on those suspected of committing a DUI/DWI offense. Other tests involve measuring the level of alcohol in the breath or urine, although in some cases, results based on these measurements often become debatable issues for Florida defense attorneys.
Depending on your state laws, you may be subjected to undergo a series of these tests or will be given an option to choose, which one to take. Your level of intoxication is again determined by the set parameters of your state, between the range of 0.08 and 0.10 concentration of alcohol in your blood. If the alcohol content in your blood is high, you can be presumed guilty of the offense of drunk driving.
You've been charged with a DUI/DWI offense. What's next?
You should avail of a lawyer's advice, but not just coming from any lawyer. Seek out the services of someone who has legal expertise on DUI/DWI charges. Winning on a drunken driving charge is not easy, as some would like to think, most especially when evidences have been gathered to impute you of the charge.
When the evidence gathered is strong, and you are guilty as charged, it would not be easy for any lawyer, even to a Florida accident lawyer to enter into a plea bargaining agreement in your favor. As a legal maxim states, "the law may be harsh, but that is the law."
Penalties for Drunk Driving:
When convicted of driving while intoxicated/impaired, a person can face up most, if not all, of these legal sanctions:
- Monetary fines;
- Jail time;
- Suspension of Driver’s License;
- Restriction on the driver’s license;
- Revocation of the driver’s license;
- Completion of an anti-drunk driving course.
Depending on the severity and frequency of the offense, any of the stricter penalties can be imposed as well:
- Use of the device commonly known as "ignition-interlock", which measures the alcohol content in the driver's breath against the set parameters of the state. When the driver's breath registers within the allowable limit, the device automatically triggers the ignition of his vehicle to come alive;
- Storage of the vehicle within the court-appointed period of temporary impoundment;
- The Court may order sale or disposal of the vehicle upon its notice of a vicious cycle of DWI/DUI offenses.
What aggravates DUI/DWI offenses?
High concentration of alcohol in the blood of the defendant, and his refusal to fully cooperate to a test, can qualify him to the full extent of penalties for DUI.
His blatant display of recklessness by over speeding while in the state of intoxication as supported by a high BAC, and in the process causing injury on another, negates the possibility of posing any alibi that can exonerate him of the charges – more so, when a minor is in the same vehicle. A lawyer of ordinary competence will surely "sweat it out" in court, often to no avail. It is often a wise move to seek the help of a highly competent lawyer on DUI/DWI cases, like a Florida car accident attorney.
When it becomes highly improbable not to get drunk on certain occasions, it is often wise to let someone else drive your vehicle. The inconvenience and embarrassment that one has to endure during a court hearing could certainly be more than what one bargains for a few cans of Budweiser.
