What Do Drunk Driving Lawyers
Do?
A person is guilty of drunk driving when he or she drives
or is in actual physical control of a motor vehicle and is under
the influence of alcoholic beverages or any chemical or controlled
substance to the extent that his or her mental faculties are impaired
or when his or her blood alcohol level (BAC) is above the legal
limit for the state.
Depending on what state in which you are charged, drunk
driving offenses can also be known as any of the following:
- DUBAL -
Driving with an Unlawful Blood Alcohol Level
- DUI -
Driving Under the Influence
- DUII -
Driving Under the Influence of an Intoxicant
- DUIL -
Driving Under the Influence of Liquor
- DWAI -
Driving While Ability Impaired
- DWI -
abbreviation could be interpreted as Driving While Intoxicated
or Driving While Impaired, depending on the state in which
you were arrested
- DWUI -
Driving While Under the Influence
- OMVI -
Operating a Motor Vehicle While Intoxicated
- OUI -
Operating Under the Influence
- OUIL -
Operating a Vehicle Under the Influence of Liquor
- OUIN -
Operating Under the Influence of Narcotics
- OWI -
Operating While Intoxicated
- OWVI -
Operating While Visibly Impaired
- UBAL -
Unlawful Blood Alcohol Level
If a person drinks while boating, he or she could potentially
be charged with Boating While Intoxicated (BWI),
which carries similar consequences as driving offenses involving
land-borne vehicles like a car, truck or motorcycle.
All offenses that involve the operation of a vehicle (whether
the vehicle is land-borne or water-borne) while intoxicated
are criminal
law matters, which could potentially incur a felony conviction
and possibly a prison sentence, depending on how serious
the charges are. Whether you are charged with a misdemeanor
or felony offense, you should contact a drunk
driving defense attorney immediately if you
are arrested.
Implied consent laws are the rights and responsibilities
of drivers holding a state-issued drivers license. In particular,
there is an implied consent to a blood, breath, or urine
test for BAC. Violations of implied consent laws typically
lead to automatic (administrative or court-ordered) suspension
of driving privileges. For more information, consult a drunk
driving defense lawyer.
In recent years, all 50 states and the District of Columbia
have enacted a second, "per se", offense: driving with an
excessive blood-alcohol concentration (typically .08%). BOTH
offenses are charged, and you can even be convicted of both.
But the driver under influence can only be punished for one.
In addition to drunk driving defense laws, most states also
have an "open container law," which is the offense of having
an "open container" of alcohol within the driver or passenger
compartment of your vehicle. Open container laws prohibit
the possession of any open alcoholic beverage container and
the consumption of any alcoholic beverage within the driver
and/or passenger area of a motor vehicle. Contact a drunk
driving defense attorney for information on the
open container law in your state.
In addition to the criminal drunk driving charges brought
against you, your state's department of motor vehicles can
also take administrative action against you if you are arrested
for drunk driving. Use the form on this page to find a LawInfo
Lead Counsel qualified drunk driving defense attorney in
your area for more information about these actions and what
you may be able to do to avoid these form happening.
- Administrative License Sanctions: This
term refers to any sanctions legally imposed by state agencies without
first requiring court orders. The exact scope, procedures,
and limitations of administrative license sanction programs
vary among states. In general, they are used to provide
rapid, consistent treatment of offenders against the state's
drunk driving defense laws or its DUI,
DWS, DWR, and DWU laws. Typical administrative sanctions
include license suspension, mandatory evaluation or treatment,
fees, and education.
- DWS, DWR, and DWU: Driving While Suspended
(DWS), Driving While Revoked (DWS) and Driving While unlicensed
(DWU) denote the citation (a moving violation) and/or the
license status of the driver at the time of a crash or
other event.
- Administrative Per Se: This term describes
the laws establishing an administrative process for dealing
with violations of the maximum allowable blood alcohol
content (BAC) for drunk drivers in a state. States with
administrative per se laws also have a set of procedures
in place for suspending the driving privileges of a person
who violates the BAC limit without the need for a court
trial—that is, the responsible state agency can suspend
a driver for a BAC violation even if the court does not
convict him or her on the corresponding drunk driving offense.
Your defense attorney can
explain the drunk driving defense laws regarding
Administrative Per Se to you in more de tail..
- Ignition Interlock: This is a device
that renders a car inoperative unless one or more preconditions
are met. In drunk driving de fence driver-control programs,
the typical ignition interlock device requires the driver
to give a breath sample which is then analyzed for the
presence of alcohol. If there is alcohol present (above
some minimum threshold value), the car will not start.
Other variations are used to ensure that the drunk driver
does not operate the vehicle, or is the only driver of
a vehicle.
Because drunk driving laws are complex,
you not only need to hire an attorney,
but one who specifically specializes in drunk driving
defense. Drunk
driving defense lawyers know that some of the enforcement
and judicial procedures are unconstitutional and violate
motorists' rights. They are more well versed with the different
sobriety tests and their varying accuracy levels. Don't give
up your rights. Contact an experienced Drunk driving
defense attorney who understands your particular
needs and situation.
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