Philadelphia Criminal Defense Common Questions About DUI/DWI
Although it may have many names, including driving under the influence (DUI), driving while intoxicated (DWI), operating under the influence (OUI), drunk driving, and drunken driving, operating a car after using or while using alcohol or drugs is a serious matter. As the name varies, so do the laws in each state concerning DUI/DWI (which is how it will be referred to in this application). However, there is one constant: it can cause serious injuries or death, and it is against the law. Following are answers to some common questions that arise in DUI/DWI situations.
How serious is DUI/DWI?
DUI/DWI is a serious problem. Thousands of Americans are killed each year in DUI/DWI accidents. Although many of those accidents result in the death of the intoxicated party, a significant and unfortunate number involve the death of “innocent” parties who were in the wrong place at a time when someone chose to drive a car while impaired. DUI/DWI is dangerous for those individuals who chose to operate a car under the influence, and for those individuals whom they injure or kill. In addition to the severe physical injuries that may result in a DUI/DWI accident, there are also serious emotional and mental scars that may never fully heal for both the offenders and their victims.
Is it “safer” to drink beer, wine or hard liquor in excess?
None of them. Different types of drinks contain different concentrations of alcohol, or what may be called “proofs.” The proof rating is two times the alcohol concentration. Therefore, a 200 proof liquor has a 100 percent alcohol concentration. Most hard liquors have a higher alcohol concentration than most wines, and most wines have a higher alcohol concentration than most beers, meaning that it may take “less” hard liquor and wine to become intoxicated. However, the alcohol concentration of a drink is not everything. You also have to consider the size of the drink that you are having. Therefore, a shot glass of hard liquor, which is usually only about 1-1/2 ounces of alcohol, may end up having the same effect as one five-ounce glass of wine or one twelve-ounce beer.
Drinking any alcoholic beverage to excess is never a good idea. Not only may you seriously injure yourself or others if you decide to operate a car after drinking excessively, but you may also suffer other physical injuries whether or not you decide to operate a motor vehicle. Excessive alcohol consumption over a long period of time can cause damage to the kidneys, liver, heart, and brain. Excessive use of alcohol within a short period of time can also lead to death.
What is a blood alcohol content?
A blood alcohol content (BAC) or blood alcohol level (BAL) is a measure of how much ethanol is in your system. The ethanol level in your blood is a byproduct of the broken down alcohol that you consumed. BAC and BAL are measured in a scientific manner that calculates the ratio of ethanol to blood within your system. Therefore, if you have a BAC of .15, that really means that you have .15 grams of ethanol per 100 millimeters of blood in your system. In most jurisdictions, if your BAC or BAL is above .10, and you are operating a car or other vehicle (including some dangerous machinery), you have broken the law.
You may still be charged with DUI/DWI even if your BAC or BAL is under .08
Do I have to take a breath analyzer test?
A breath analyzer test measures a person’s BAC or BAL. The amount of ethanol that is in your system is the same as the amount of ethanol that is “on” your breath when you exhale and inhale. As a result, police are able to test your BAC or BAL by having you breathe into a breath analyzer. Whether you are required to take the test depends on the law in the state you are in at the time. Under the law in some states, if you refuse to submit to a breath analyzer test or other similar test for measuring your BAC or BAL, such as a blood test, your license will automatically be suspended. If you are later found to have not been intoxicated or impaired, your license may still be suspended in some states as a result of your failure to cooperate.?
Can I be charged with DUI/DWI for driving after taking drugs?
Yes. If you operate a car under the influence of drugs such as heroin, cocaine, marijuana, or any other illegal substance, you can be charged with a crime. In addition, it is not only illegal drugs that can get you into trouble. Many prescription medications and some over-the-counter medications carry with them specific warnings that they may impair abilities and should not be used while operating any dangerous equipment, including motor vehicles. Check the labels on all medications carefully. Don’t get behind the wheel if you are taking any medications that are incompatible with safe driving.
What will happen if I have more than one DUI/DWI conviction?
What will happen to you depends upon what state you are in. In most jurisdictions, there is a “step-up” method for handling multiple DUI/DWI convictions for the same person. In some states, a person will be required to pay a fine and perhaps serve a minimum term of imprisonment for a first conviction in addition to having their license suspended. For a second offense, some states may increase the fines and imprisonment or term of suspension. Additional offenses may result in revocation of a license, incarceration and the loss of driving privileges for life. In addition, in some states, a judge may order that the offender participate in an alcohol or drug treatment and education program. Of course, if you seriously injure or kill another person while operating under the influence, you may face additional charges and civil lawsuits.
Are “alternative” penalties okay for DUI/DWI?
In many cases “alternative” penalties are allowed in DUI/DWI cases. A judge hearing your case may have discretion in deciding how you should be punished. In situations where you have seriously injured or killed another person, the judge may not have such discretion, but in first time offenses, or in less serious matters, a judge may be able to require you to perform community service in the nature of giving talks about the dangers of drunk driving. In other situations, a judge may require you to place a license plate on your vehicle or a mark on your driver’s license that indicates that you have been convicted of DUI/DWI.
Should I get an attorney if I have been charged with DUI/DWI?
Although you are not required to have an attorney, it is a good idea to retain one if you have been placed under arrest or charged with DUI/DWI, since these laws are strictly enforced. Some states require that the police provide you with a list of local DUI/DWI defense attorneys. While there may be some arguments that you can make in your defense, your chance of successfully making those arguments or finding mistakes that may have been made in your arrest are much greater if you have an attorney assisting you. If you are faced with a DUI/DWI charge, an attorney may be your only hope for avoiding or reducing any penalties or imprisonment you may face.
Disclaimer
This publication and the information included in it are not intended to serve as a substitute for consultation with an attorney. Specific legal issues, concerns and conditions always require the advice of appropriate legal professionals.
