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 | INFORMATION
WHAT IS DRIVING UNDER THE INFLUENCE?Drinking alcohol and taking certain drugs affects your ability to safely operate dangerous equipment such as automobiles, motorboats and industrial equipment. In every state it is against the law to operate an automobile if you are so under the influence of drugs or alcohol that you can not safely operate the motor vehicle.
WHAT IS A BLOOD ALCOHOL LEVEL?When you drink, alcohol from the drink is absorbed into your blood stream. Various tests have been designed to measure the level of alcohol in your blood. In most states, if your blood alcohol level is greater than .10, you are presumed to be too intoxicated to safely operate an automobile. However, you can still be drunk even if your blood alcohol level is less than .10. Further, there is a big push nationwide to have the laws changed in the individual states, to make anyone with a blood alcohol level of .08 or more considered legally too intoxicated to drive a vehicle.
WHAT SHOULD I DO IF I AM STOPPED FOR DUI?If you are stopped by the police and suspected of DUI, you will probably be asked to take some type of test to determine your blood alcohol level, such as a blood test or a breathalyzer test. In most states, if you refuse to submit to the test as requested by the police officer, your license will be suspended for failure to take the test, regardless of whether you are ultimately found guilty of DUI. In Pennsylvania, for example, refusal to submit to any type of blood alcohol test automatically results in a one year suspension of your driver's license. You can still be prosecuted for DUI even if you refuse to submit to a blood alcohol test. While it is important that you do not make any incriminating statements to the police when you are suspected of DUI, you should always act in a courteous and respectful manner to the investigating police officer. The police officer's testimony could have a direct bearing on your sentencing in a DUI case at a later time.
IS DUI AND DWI THE SAME THING?Yes. Driving Under the Influence ("DUI") or Driving While Intoxicated ("DWI") are two of the terms used by various states to mean DUI. DUI is considered a serious offense in all states.
WHAT IS THE MAXIMUM PUNISHMENT GRANTED BY THE COURT TO A FIRST-TIME OFFENDER CHARGED WITH DRIVING UNDER THE INFLUENCE?DUI is considered a serious offense in all states. The DUI statute in the state where the violation occurred will determine the extent of the punishment for a first-time offender. Generally, a first-time offender convicted of the offense (which is usually considered a misdemeanor) is ordered to pay a fine and may be sentenced to a minimum term of imprisonment. A suspension of his or her driver's license will usually occur as well. There are certain "programs" available to first-time offenders, which allow the defendant's punishment to be decreased under certain circumstances. Further, there are a number of defenses to a charge of DUI that an experienced attorney can raise on your behalf. If you cannot afford to hire an attorney, the court will appoint an attorney for you free of charge. |
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