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Drunk Driving (DUI)
Drunk Driving (DUI)
The act of operating a motor vehicle while intoxicated, so that a persons mental and motor capabilities are impaired, is considered driving under the influence. Driving under the influence is also known as: driving while intoxicated (DWI), operating while intoxicated (OWI), and operating a motor vehicle while intoxicated (OMVI). These terms vary by jurisdiction.
A law enforcement officer may make a stop when they have reason to suspect that a person is driving while intoxicated. Erratic behavior, swerving of the vehicle, poor coordination, or the presence or scent of alcohol can be reasons an officer may stop a possible offender. An officer can violate the suspects Fourth Amendment Right of unreasonable search and seizure if the suspect displays any of the behaviors mentioned.
A persons impairment due to intoxication is gauged by authority through the passing/failing of a Field Sobriety Test (FST) such as reciting the alphabet or walking a straight line. A breathalyzer or Blood Alcohol Concentration (BAC) test is also administered to those who are believed to be driving under the influence. The Blood Alcohol Concentration test measures the percent of alcohol in the blood by weight. Since 2002, it has been illegal in 50 states to operate a motor vehicle with a BAC that exceeds 0.08%. In some states, if a persons BAC exceeds 0.05%, they can get charged with a lesser offense entitled Driving While Impaired (DWI).
If a person under the legal drinking age of 21 is found to have any alcohol in their blood (usually around 0.01% and 0.02%) they can be charged with a drunk driving offense.
In most states, it is generally legal to drive after drinking alcoholic beverages, but it is not legal to drink alcohol while driving. Also, driving with an open container of an alcoholic beverage in any compartment of the vehicle remains illegal.
The terms of punishment often differ from case to case. Typically, the sentencing authority will take into consideration the number of drunk driving offenses on a persons record and also the Blood Alcohol Concentration percentage. Punishments for operating while intoxicated include: issuance of a fine, jail time or community service, drivers license restriction, and in most cases mandatory attendance at an alcohol and drug education program.
Punishments may be enhanced under the following circumstances: if the person has prior DUI convictions, if the person driving while intoxicated is under the legal drinking age of 21, if an accident or property damage occurred while driving under the influence, if the person refused to submit to a BAC or breathalyzer test, if the persons breathalyzer test results were greater than 0.20%, if the person was driving 20-30 MPH over the speed limit while intoxicated, or if the person has a child (a person under the age of 18) in the car while driving under the influence.
In some states, the offense is automatically considered a felony if the drunk driver causes injury to another person, whether the other person be a passenger inside the offenders car or a person outside of the offenders car. If a death is related to a DUI case, the offender can be charged with vehicular manslaughter or murder.
Additional Drunk Driving Information:
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