DUI Violation

If you’re like most people, you already know it is against the law to drive if you are under the influence of drugs or alcohol. What you may not be aware of, however, are the numerous laws surrounding drunk driving, and the many ways you can receive a DUI violation.

Depending on the state, a drunk driving offense may be classified as driving under the influence (DUI), driving while intoxicated (DWI), operating under the influence (OUI), or operating a motor vehicle while intoxicated (OMVI). Regardless of the acronym, however, there are some basic DUI laws that apply in each state.

First and foremost, it is against the law to operate any type of motor vehicle if you are under the influence of alcohol, over-the-counter or prescribed medicines, or illegal drugs.

So how can you prove whether someone is intoxicated? In most states, if a police officer suspects you of drinking and driving, he or she will pull you over, and ask you to perform a field sobriety or chemical test.

If you agree to perform a field sobriety test, you will have to complete a series of exercises such as balancing on one leg, walking an imaginary line, or reciting the alphabet. Once you complete this test, the officer may ask you to take a chemical test in order to measure your exact BAC. Be aware that refusing to take any type of chemical test—be it a breath, blood, or urine test—is against the law and, as such, will lead to further criminal charges.

While most people assume that your driving must be impaired in order to receive a DUI violation, “per se” laws allow officers to arrest anyone who is driving with a BAC above the legal limit of .08%, regardless of their driving abilities. On the other hand, if you are driving erratically or show other signs of impairment, you can be charged with drunk driving even if your BAC is below the .08% limitation. Drivers under the age of 21 (the legal drinking age in all 50 states) can be charged if they have any alcohol in their system at all.

Although the penalties for driving under the influence vary in each state, the sentence for a DUI conviction can include jail time, expensive fines, probation, community service, and more. Fortunately, with legal representation, individuals can often reduce these consequences. If you have been charged with DUI, you should discuss your case with an experienced DUI attorney in your area.