What is Driving Under the Influence?

Driving under Influence (DUI) is a condition where a person drives a vehicle after the consumption of alcohol and other intoxicants. Where a person is intoxicated or impaired at the time of operating a vehicle he is said to be driving under influence. Where the breath, urine or blood of a person driving a vehicle contains alcohol content which is more than .08% he/she is to be committing a DUI offence. While the term DUI is used in most of the states in the US, close to eight states term it as Driving While Intoxicated (DWI). Though both are the same, the states in which the DWI is operative DUI is considered to be lighter offence.

Where the driver of a vehicle is a person below 21 years of age or below the legal drinking age any amount of alcohol content / intoxication is considered as a DUI offence. Zero Tolerance Law is applied in the case of minors. Where the department can prove that a slightest level of intoxication has resulted in haphazard driving then a person can be convicted under DUI even if his Blood Alcohol Content (BAC) is below the threshold of .08%.
The following regulations are applicable through out the country:

• 21 is the legal age for drinking in all states.
• Under the Administrative License Revocation Law in 60% of the states, where the driver refuses to cooperate for a breath test, the law enables the officer to seize your license.
• The legal Blood Alcohol Concentration (BAC) limit is .08%.
• All drivers below the age of 21 are not permitted any amount of alcohol in their system.

The officials convicting an individual under DUI will be required to present the case within two hours of driving. They are not required to prove the intent of violation unlike any other offence. Where the investigating officials stop a vehicle under suspicion, they are likely to subject the drivers to a number of tests namely,

• BAC test by breath/blood
• Roadside Breath Analysis
• Motor Skills Test
• Horizontal Gaze Nystagmus

Drivers are expected to cooperate by participating in the tests conducted as when required. Non cooperation would amount to termination of license for a period of one year.

• Blood Alcohol Content (BAC):
  A test that measures the concentration of alcohol in the blood. The unit of measure is mass per volume. The outcome of the test depends on the individual’s alcohol tolerance and variations. This is measured in hospital laboratory.
• Road side Breath Analysis:
  This test is conducted with the help of a device called breathalyzer. The alcohol content is measured with the help of a breath sample.
• Motor Skills Test:
  The driver is asked to perform a driving test. The steadiness in driving determines the influence of the drugs consumed.
• Horizontal Gaze Nystagmus:
  This is to test the clarity and the steadiness of the eye sight.

Offenses and Penalties

There are two types of DUI Offences namely Felony and Misdemeanors. A fine of up to 1000 dollars is levied for a misdemeanor offence with a minimum jail term, while for a felony penalty of at least 1000 dollars and a confirmed prison term is prescribed. The offences are further divided based on the persons under prosecution and their BAC level.

• DUI offence by a minor (below 21 years of age).
• DUI offence by an individual not a commercial driver.
• DUI offence by an individual who is a commercial driver.
• Extreme DUI.

A person with prior DUI charges should be prepared to face harsh consequences for the repetitive offence. If the offence is committed within 10 years from the date of first offence under DUI it considered to be a subsequent offence and treated more seriously and severely than the first one. The penalties enforced on law breakers with Prior DUI are as follows:

• License suspension for longer periods
• Compulsory term in Jail.
• Heavy fines.
• Difficulty is obtaining a temporary license to commute to the work place.
• Appeals prove futile.
• Under the Habitual Violators Law the accused might loose his voting right, his right to own a weapon and permanent seizure of driving license for a long term.

To get back the license the accused is expected to serve in a DUI School, clear an assessment interview, undergo medical test or a counseling program, attend few meetings, required to get additional insurance coverage before redeeming their license involves huge money. In some cases the accused are made to face the victims face to face and witness the pain and trauma faced by them due to the accident.

Taking the services of a DUI attorney becomes necessary as the convicted may be subjected to severe penalties even if it is a first time offence. Serving a jail term is compulsory for DUI convicts, but the time period could vary depending on the severity of the offence.