Driving under the influence of drugs or alcohol is a serious crime in every state. Hopefully the questions answered here will help familiarize you with drug and alcohol related traffic issues and terms. Although the material below answers common questions, state and local laws may differ significantly.
Legal problems are always unique; none of this information here is a substitute for the advice of a lawyer in your area. You are strongly encouraged to consult with a licensed attorney in your own state about legal problems you have.
First of all, what is driving under the influence? Taking certain drugs and drinking alcohol affects your ability to safely operate motor equipment including industrial equipment, automobiles, and motorboats. It's illegal in every state to drive or operate equipment if you're under the influence of drugs or alcohol.
A DUI, driving under the influence, and a DWI, driving while intoxicated, are two terms used by the state to mean drunk driving. They are legally the same thing.
When you drink alcohol is absorbed into your blood stream. This is called your blood-alcohol level. Many different tests have been created to check the level of alcohol in your blood. In most states, your blood-alcohol level must be lower than .08%, otherwise you're considered legally intoxicated. However, you can still be found guilty in court with a blood alchohol level of less than .08%. Furthermore, there's a big nationwide push to make .08% the legal limit in every state.
If you're stopped for drunk driving, you'll be asked to perform a test to determine your blood-alcohol level. In most states, refusing a test is grounds to suspend your license. It will remain suspended even if you're found not guilty. Even if you refused to submit to a sobriety test, you can still be prosecuted for driving under the influence.
You should always ask in a courteous and respectful manner towards the investigating officer, but it's important that you don't make any incriminating statements. The testimony of the police officer interrogating you can have a direct effect on the case and sentencing of your case later.
No matter what state you're in, drunk driving is considered a serious offense. The DUI statue in the state where the violation occurred determines the length and extent of punishment for first-time offenders. Usually a first-time offender convicted of the misdemeanor is ordered to pay a fine, and could be sentenced to a term in prison.
Usually, your license will also be suspended. However there are many programs available for first-time offenders which can help decrease your sentence under certain circumstances. There are also a number of defenses an attorney can raise on your behalf.
According to statistics taken by MADD, mothers against drunk driving, in 2002 an estimated 17,419 people died in alcohol-related crashes. That averages out to one every half hour. About 1,058,990 people were injured in an alcohol-related crash, an average of one person every thirty seconds.
About 30,000 people yearly will suffer work-related disabilities, which puts the estimation at 3 in 10 Americans who will be involved in an alcohol-related accident at some point in their lives. In the past decade alone, four times as many Americans died in drunk driving accidents than soldiers killed in the Vietnam war.