What is a DUI?

DUI is an acronym that stands for Driving Under the Influence. What does “under the influence” mean? Drugs (whether legal, illegal, prescription or over-the-counter medications) and alcohol are known to affect or “influence” a person’s behavior. Alcohol is a depressant, which can slow down a person’s motor skills, therefore affecting driving ability. Drugs can be a depressant or a stimulant. A stimulant speeds up the body such as heart rate and metabolism and can also affect one’s driving ability.

In every state in the U.S. it is illegal for a person to be operating a motor vehicle while under the influence of drugs or alcohol. You can be charged with a DUI if police have reasonable evidence that your driving ability was affected by drugs or alcohol. You can also be charged with a DUI if you are found to be driving with a blood alcohol content above the state’s legal limit.

What is a DWI?

There are some states such as New York that refer to drunk driving as DWI or Driving While Intoxicated. A person is intoxicated when he or she has consumed drugs and/or alcohol to the point where it affects their mental or motor skills. Some common symptoms of intoxication include slurred speech, fumbling for items such as a driver’s license, difficulty maintaining balance, red eyes and a flushed face.

If police consider you to be intoxicated, they will ask you to submit to a field sobriety test and a chemical test. A field sobriety test (like the Walk and Turn) checks your mental and motor skills to see if you are exhibiting signs of intoxication. A chemical test (blood, breath or urine) measures a person’s blood alcohol content. If you are over the state’s legal limit (.08%) you can be charged with DWI.

Other states that refer to drunk driving as DWI are Alaska, Arkansas, Connecticut, Louisiana, Missouri, Nebraska, New Jersey, New Mexico, Texas and West Virginia.

While DWI and DUI essentially mean the same thing, the penalties vary from state to state. Other acronyms include: OWI: Operating While Intoxicated (Indiana, Iowa); OUI: Operating Under the Influence (Massachusetts, Rhode Island); OVI: Operating a Vehicle While Intoxicated (Ohio); DUII: Driving Under the Influence of Intoxicants (Oregon).

As long as there have been motorized vehicles, there have been intoxicated drivers. Initially, without the high-tech equipment we have today it was difficult to prove someone was drunk. The determination was made solely by the arresting officer. It would be necessary that they take several things into careful consideration including how erratic the driving was and the driver’s behavior. Field Sobriety Tests (FST) also aided law enforcement. Imposing specific tests on suspects helped improve reliability and provide some stability to officer’s decisions. They were unfortunately still subject to quite a bit of fair scrutiny.

In the coming decades various technologies were introduced in order to obtain a more scientific measurement of Blood Alcohol Content (BAC) while remaining non-invasive. In 1954 an Indiana State Police Captain, Dr. Robert Borkenstein invented the first device which measured BAC from breath. Relying on chemical oxidation and photometry the instrument would provide a fairly accurate BAC reading. This became a useful tool for police and was successfully marketed as Breathalyzer. Today the devices use infrared spectroscopy and are manufactured by several other companies under many different na mes, but most still refer to them as a “Breathalyzer”. They are also available today for consumers. While not as accurate, they can be an excellent tool in preventing someone responsible from driving who has an illegal BAC.

Another major change to DUI laws was the implementation of BAC restrictions on drivers. In many states the legal limit was .20 or .15. Over time the limits slowly slipped down and are now at .08. Drivers under 21 and commercial drivers may be charged with even lower levels. Most other countries have DUI laws as well. In some, drinking is completely illegal, while others have no DUI laws.

Charged with DUI? You’re facing a serious criminal charge that can have far-reaching effects on your family, job, finance, and freedom. Don’t panic. DUI lawyers handle cases like yours every day. Contact a lawyer today and have your case evaluated. Not only can they minimize the impact of a conviction, they may be able to have the entire case against you dropped!

DUI laws themselves are complex, hard to remember and always changing. Add to it a bunch of drunk driving-related acronyms and you have a world legal mumbo jumbo! But we’d like to help you better understand the terms you’ve probably been hearing since your DUI arrest.

We’ve all heard the term DUI, which stands for driving under the influence. Some states may call drunk driving DWI, which stands for driving while intoxicated. Under the influence and intoxication both refer to alcohol and/or drugs. If your state refers to drunk driving as OMVI, this means operating a motor vehicle while impaired.

OUI stands for operating under the influence. Other states may use the term OWI (operating while intoxicated) when referring to drunk driving. OUID relates specifically to drugs (operating under the influence of drugs) while OUIL is directly related to liquor (operating under the influence of liquor).

If you were charged with drunk driving because of a violation of your state’s “per se” law this means that your blood alcohol content was above your state’s legal limit. Under this violation, you can be convicted of drunk driving without any proof impairing your ability to drive.

If you hear the term UBAL, this means that you were operating a vehicle at an unlawful blood alcohol level. This can be determined through chemical testing of your blood, breath or urine. BAC (blood alcohol content) and BAL (blood alcohol level) can be used interchangeably and this amount is usually expressed in a number reflecting the ratio of milligrams of alcohol in 100 milliliters of blood.

There are many acronyms used to describe breath test devices including breathalyzer, which produces a measurement of your blood alcohol content found through your breath sample. An intoxylizer measures your BAC through infrared spectroscopy. A preliminary breath test or PBT is portable and used by police as an estimate of your BAC; these results are usually not admissible in court.

When police have probable cause to believe you were drinking and driving they will use an FST or field sobriety test. Standardized field sobriety tests SFSTs are recognized by the NHTSA (National Highway Transportation Safety Administration) and they include the HGN (Horizontal Gaze Nystagmus), the One Leg Stand and the Walk and Turn.

A drunk driving conviction will result in many forms of monetary penalties; whether directly or collaterally. Plainly put – A DUI conviction hits you right in the wallet. Drunk driving fines are varied and difficult to understand. We’ll cover the basics.

Every state has its own detailed DUI laws, but whatever the state you can rest assured that there will be fines associated with any DUI criminal charge. In addition, you can also expect civil charges from your state’s DMV that may carry fees.

What determines how high the fine will be?

Prior convictions are a major influence on drunk driving fees. In fact, fees may be well into the thousands for those who are facing more than one conviction. The driver’s blood alcohol content is also something considered. If it was elevated far above the legal limit they could be facing many enhanced penalties. Were there underage passengers in the car? Was the driver underage? Did they refuse chemical testing? Were they speeding? Were they involved in an accident with injuries? These questions are all asked and considered when a court renders its decision. Depending on all of these factors, the fee could be from a few hundred to tens of thousands.

How else does a DUI conviction affect my pocket book?

Aside from the up-front state fines there are many hidden costs associated with a DUI conviction. Insurance may go up. It may also be difficult finding coverage. Also, spending some time in jail as part of a DUI conviction may not go over well with an employer – thus reducing potential earning power. In addition, finding another job may not be so easy with a DUI on your permanent record.

Is there any way to avoid a DUI conviction?

There are lawyers who specialize in drunk driving laws. Sure, family or general lawyers can be great – but a DUI is a serious charge. You need someone who handles cases like yours everyday. Laws are complex and ever changing. Don’t put your fate in the hands of just any lawyer. A DUI lawyer can minimize the fines and damages you face – and possibly have the charges against you dropped. Hold on to your freedom! Contact a DUI lawyer before it’s too late!

Are you about to head to court for a dunk driving charge? Well, before you’re standing in front of the judge trying to explain yourself there are some things you need to understand about the charges against you. First, a DUI charge is serious. Lawmakers face tough pressure to pass strict drunk driving laws. As a result, you are presented with a serious accusation that has far reaching consequences.

If I’m convicted, what direct financial impact will it have?

A court room complete with skilled city workers is not cheap to maintain. To help the local government recoup some of these costs you may have to pay various court fees for your appearance. The bottom line… expect to start emptying out your pockets. Also, a DUI conviction itself will result in a large fine. Depending on how many convictions the defendant has, this fee can be from a few hundred dollars to tens of thousands.

Aside from those obvious costs, you can rest assured your insurance premium will go up that is if you’re lucky enough to be able to keep coverage. Taking time away from work to tend to all of your court responsibilities adds up as well. Smaller paychecks and all sorts of fees and charges boil down to one conclusion – less money in your wallet.

Nationally, it is estimated that the average DUI conviction can cost a defendant between $5,000 and $20,000. And these fees do not include such penalties as an ignition interlock device being installed in your vehicle at your expense or alcohol monitoring.

What if I can’t afford all of this?

All these fees vary greatly, so it is important to discuss your case in detail with a DUI lawyer to get a more precise approximation of what your case could cost you. A DUI lawyer can not only save you money, but more importantly save your freedom. Jail time is a serious possibility for multiple offenders. DUI lawyers only handle cases like yours. They’re equipped with knowledge to help you defend your charge successfully. Contact a DUI lawyer today!

When you’re convicted of driving under the influence (especially if you are a repeat offender or have aggravated charges) you could be losing more than money – you could be losing your vehicle. If the judge rules to have your vehicle impounded the court is legally allowed to seize your vehicle and have it stored in a compound. Imagine not being able to go to work, school or even the grocery store. Suddenly you find yourself having to walk everywhere, catch a bus or hitch a ride with a friend or family member every time you need to live the house.

Depending on your circumstances and jurisdiction the amount of time your vehicle can be taken away for can vary. Once you’re able to claim your vehicle, you must pay storage fees, an administrative fee plus any towing fees.

How much does it cost to have my vehicle impounded?

Again, depending on where you live and the specifics of your DUI conviction, it can cost in excess of $1,000 to have your vehicle impounded. Research has shown that many vehicles are left abandoned because it would cost more to regain ownership of the vehicle than the vehicle is even worth. When the vehicle is left behind, the locality must then pay the storage fees and towing bills.

Currently there are 15 states plus the District of Columbia who utilize vehicle impoundment as a penalty for a DUI conviction. Some researchers are suggesting that vehicle impoundment to be handled administratively by the state’s licensing agency. In doing so, the courts wouldn’t have to plea bargain defendants away from vehicle impoundment.

While studies have shown vehicle impoundment to discourage future DUI’s, there are some problems associated with this sanction. For example, by taking away the vehicle of a family the court is punishing those who have nothing to do with the DUI. Also, many defendants can’t afford the storage and towing fees. In many cities, it is difficult to find a storage location for the vehicles. And many of the vehicles confiscated are not of value to the state because it costs more to pick up the storage and towing fees than the vehicle is worth.

Think the DUI consequences end with your state criminal charges? Well, as a result of political pressure from special interest groups, two separate cases are brought against everyone accused of DUI. Aside from the obvious criminal charge, the suspect is facing a civil charge from the DMV. This involves their driver’s license. It will likely be suspended for a period of time depending on previous convictions and the severity of the offense.

Often, when law enforcement suspects a driver of intoxication they will ask them to submit to chemical testing which analyzes the subject’s blood, breath, or urine. If the suspect refuses or fails testing their driver’s licenses are usually revoked immediately. In some states you may be given a temporary card that’s good for a few days before the suspension takes place. The suspension may only be 30-90 days for a first offender. Those with multiple offenses may lose their license for years. Keep in mind; these are just the consequences of the civil case from the DMV. You still have all the criminal charges that will affect your license to contend with.

You can fight your administrative license suspension!

A lawyer specializing in DUI law can help you keep your license. There are many ways to plea with the court to reduce or eliminate your license suspension. It is important however to contact a lawyer quickly regarding this civil proceeding. The law severely limits your time to respond. Usually you just have a matter of days to appeal. Your DUI lawyer will petition on your behalf just how important your license is. For example, you may need it for work, to commute family members, or support your business. A lawyer will help you make the right decisions to minimize the effects of a DUI charge – if not have the charges totally dropped!

Contact a DUI attorney today!

They defend cases just like yours everyday. That’s all they do. It takes a special knowledge of DUI laws to defend cases successfully and only a DUI lawyer will have that expertise. Contact a lawyer today and fight your administrative license suspension!