Depending on your state, DWI (Driving Under the Influence) may be referred to as OWI (Operating While Intoxicated) or DWI (Driving While Intoxicated).
No matter how your state refers to this charge, you should understand that driving under the influence of drugs and/or alcohol is considered a serious crime.
How do I know if I am DUI?
In every state, if your blood alcohol content (BAC) level is .08% or higher, you will be arrested for DUI. However, this percentage does not apply to everyone. For instance, Zero Tolerance Laws in every state have made it illegal for anyone under the legal drinking age of 21 to operate a motor vehicle with any amount of alcohol in their system. In some states, having a BAC as little as .02% could mean that a driver under 21 will be arrested for DUI. For commercial drivers, some states make it illegal for them to have a BAC as low as .04%.
How is my BAC determined?
In situations where police have probable cause to start a DUI investigation, they will ask the driver to take a breathalyzer test. This portable device takes a deep lung sample of the alcohol found in your system, which is then converted into a ratio to determine the alcohol in your blood. There are many weaknesses associated with this type of BAC chemical test, which your DUI defense attorney can review with you. If you do not want to take a breath test, you have the option of submitting to a urine or blood test
, which will be conducted in a medical facility by the appropriate medical personnel.
Knowing your rights
It is very important to immediately contact a qualified DUI defense attorney if you are arrested for DUI. This ensures that your attorney has plenty of time to review your case. He or she may also need to interview witnesses and work with experts to scrutinize the evidence against you and build you a solid defense. For example, many DUI police reports
are pre written and not 100% accurate.
penalties for DUI are severe in every state; don’t risk losing your freedoms. Make sure you hire an attorney.
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