DUI Law: Overview
If you drive or operate a motor vehicle while under the influence of alcohol, you will be charged with DUI(driving under the influence). DUI is an offense in every state. In some states the offense is referred to as driving while intoxicated or DWI. You will also be charged with DUI or DWI if you are caught driving or operating a motor vehicle while under the influence of narcotic drugs and certain prescription drugs.
Click on the following links to know more about the DUI/DWI law.
A. DUI / DWI General Information
- Basics of DUI / DWI: Explanation on what constitutes a DUI/DWI offense, how the police determine if the person is driving under the influence, your rights when stopped for DUI/DWI and consequences of a DUI /DWI conviction.
- Factors of a Drunk Driving Offense: Evidence required to prove DUI/DWI in a court of law.
- Essentials of DUI Laws: Laws on Blood Alcohol Concentration levels.
- Defending a DUI / DWI charge: Defenses to a DUI/DWI charge.
- Narcotic and Prescription Drugs: How consumption of narcotic and prescription drugs can result in DUI/DWI charges.
- Two DUI Cases: An example of 2 DUI cases and shows the process of a DUI case.
B. Different Types of DUI/DWI
- Felony DUI/DWI: Most DUI/DWI offenses are misdemeanors. However some DUI/DWI offenses are felony offenses.
- Aggravated DUI/DWI: The presence of certain factors can result in the charge of an aggravated DUI/DWI which carries harsher penalties.
- Underage DUI/DWI: Underage driver’s can be charged with DUI/DWI
- Commercial DUI/DWI and Regulations of the FMCSA – Tougher laws are applicable to commercial drivers who are caught driving under the influence.
- BUI – Boating under the influence
- Biking under the influence: You will be violating the law if you are caught riding or operating a motor bike or any other vehicle while under the influence.
- Sentencing: Drunk Driving - The penalties vary for the first offense and each subsequent offense.
- DUI/DWI School: In some states, a DUI/DWI conviction will require the person to enroll in a DUI/DWI school.
- Impounding: In some states the vehicle can be impounded by the state.
- Ignition Interlock: DUI/DWI offenders may sometimes be required to install ignition interlock device which will prevent them from operating the vehicle if their blood alcohol concentration is above a predetermined limit.
- SCRAM Bracelets: The courts can order the convicted DUI/DWI offender to wear an electronic device to monitor alcohol consumption.
D. DUI/DWI Stop and Arrest
- Field Sobriety Tests: How these tests are conducted and the drawbacks of these tests.
- Blood Alcohol Concentration: Information about the breathalyzer and BAC tests.
- Breath Analyzer Calibration: The importance of maintaining well calibrated breathalyzers.
- DUI/DWI Stops: Constitutional requirements for a valid DUI/DWI stop or check point.
- Refusing DUI/DWI Tests(Implied Consent Laws): Consequences of refusing DUI/DWI tests.
- No Refusal DUI Enforcement: Rules that had been set up for the immediate implementation of assessing suspected DUI / DWI offenders
- Drunk Driving Defense during and after a stop: FAQs about DUI checkpoints
- Decision to arrest: Factors that influence the police officer’s decision to arrest.
- Open Container Laws: The prohibition on the consumption of alcohol in public places.
- Dram Shop Laws: A brief discussion on the liability / responsibility of liquor purveyors (i.e. bar owners, drinking establishments, etc.) when it comes the damages caused by people they have served alcohol to.
- DUI and Insurance (Form SR-22) : Impact of DUI/DWI conviction on insurance rates.
- Social Host Liability law: In some states, the host of the party or establishment maybe held liable for any accidents or injuries that their guests may have been involved in.
- DUI Conviction and Employment: How DUI/DWI conviction can affect your life.
- Distracted Driving and Texting: Using a mobile device while driving.