A Broad View of Driving While Intoxicated or Driving Under the Influence or DUI or DWI

In all States of The United States and other countries, this criminal act comes with some strict penalties. The meaning of DUI or DWI is classified as someone driving or operating a vehicle or attempting to operate any vehicle while under the influence of alcohol, hard drugs or pharmaceutical drugs, which may cause, drowsiness or some form of impairment in the person.  The amounts of these substances, found in the individual, to cause such reactions, are enough to warrant arrest.

Each State has its own level of determining the extent or severity of the offense, and as such will legally have the right to make an arrest based on the conditions found at the scene of the crime. States have their own sobriety test, which is administered at the scene, to validate their claims by the prosecution during court proceedings. It is the burden of the defense to prove otherwise. The data is based solely on the arresting officer and their evidence of the blood alcohol level, which is determined by the breath test made by the officer, or the: “per se” observation that the officer has at the scene. Other tests that may be performed are Horizontal Gaze Nystagmus test which the officer looks for involuntary jerking of the eyes of the individual. Another test that is made at the scene is Walk and Turn test, which measures balance of the individual. They are made to walk in a straight line heel-to-toe, with other instructions the officer on the scene will administer to determine the individuals balance. Balance and coordination are also measured with another test called One Leg Stand, which requires the individual to stand on one leg for 30 seconds while the officer measures the response of the individual to this test.

Sobriety test is used to determine the amount of alcohol the person has consumed. This is done by the person blowing in a device that measures the level of alcohol the test if reveals above the 0.08% mark of alcohol is determined to be intoxicated. This is a Statewide requirement and the rules governing this situation carry a huge penalty. In some states, if you are a first time offender it is classified as a misdemeanor. Beyond or proven to be a habitual offender, the charges will be on their criminal record. States look at situations of underage drivers or, other passengers in the vehicle at the time of the crime.

The penalty for DUI or DWI Offences varies. Some states will give you up to one year in jail or community service, fines, suspension of license, counseling or based on the severity of the situation, will judge on all penalties be served by the individuals. Charges may be considered aggravated if the offender refuses to do the tests prescribed by the officer on the scene, and will add to the charges. If the offence comes with charges of reckless endangerment, manslaughter, or vehicular homicide, the penalties will be a lot more severe.

The onus is for us to make right decisions while using the roads. We must endeavor to be defensive drivers and not offensive ones. The penalties may not be what we can live with based on the corresponding events.

For more information about dui law and attorneys, please click on Beall & Thies, LLC or visit this webpage http://beallthies.com/services/dwi-dui-defense/