Overview

Driving Under the Influence of Alcohol or any other drug is a serious crime in U.S and is recognized in all 50 states; it is commonly known as DUI in most of the states and DWI (Drive While Intoxicated) in some states. DUI or DWI is treated as misdemeanor or sometimes as felony, depending upon the circumstances and laws of the respective state. Legally, DUI or DWI refers to driving a motor vehicle while under the influence of alcohol or any controlled or chemical substance that impairs mental faculties.

In order to declare someone guilty of DUI or DWI, one's blood alcohol or drug levels must be above the legal limit, which differs by state. Criminal Laws differs from state to state, therefore DUI charges and DUI penalties will also vary from state to state.

Drunk driving is generally categorized in two types, in all 50 states. The first is the traditional offense, which is called DUI or DWI or sometimes Operating While Intoxicated (OWI). The second and more recent category is the so-called illegal per se offense of driving with a blood-alcohol concentration (BAC) of 0.08% or higher.

The first offense requires proof of intoxication, although evidence of BAC is admissible as rebuttable presumptive evidence of that intoxication; the second requires only proof of BAC at the time of being in physical control of a motor vehicle. An accused may be convicted of both offenses, but may only be punished for one.


DUI Laws:

All the states have defined particular per se blood or breathe alcohol level as a standard for an independent criminal offence. Driving under Influence of alcohol is charged as a second criminal offense and “while impaired" is usually charged with a permissive presumption of guilt, in most states, where the person's BAC level is 0.08 % or greater (units of milligrams per deciliter). In some states, a lesser charge may apply to individuals with a .05 percent or above, but less than the .08 per se limit for the more serious charge.


Penalties:

In many states, DUI penalties include Legal and Motor Department penalties. These penalties may involve huge fines, restriction, suspension of license and even imprisonment. DUI or DWI is generally charged as misdemeanor which is punishable up to 2 years according to the laws of the state. However, if a DUI involves some serious injury, death or extensive property damage or if the defendant has already involved in DUI convictions then he/she has to face felony charges. A growing number of states, now charge second-degree murder where the legal state of mind of malice is involved -- that is; where the defendant shows a reckless indifference to the lives of others.

In many states there are also DUI/DWI penalties related to implied consent laws. Implied consent means that because you are a licensed driver you have completely consented to Sobriety or BAC tests for drugs or alcohol. If you refuse tests, you can face even more harsh penalties. Your driving license can also be suspended by an officer. Depending on previous offenses or refusals, your license can be suspended for the period of 90 days to 5 years or permanently canceled due to multiple DUI/DWI convictions.


Need for a DUI Attorney:

You must have an experience DUI Laws Attorney, on your side that has in-depth knowledge and understanding of the DUI Laws in your state. Because the DUI laws are so complex and vary by state, it is important to consult an attorney who can effectively handle your case.

Lawyer’s Area offers the services of experienced DUI Law Attorneys who have excellent track record and provide an effective defense to help eliminate the DUI crime cases or to minimize the DUI penalty.