Drunk driving is the act of operating (or in some jurisdictions being in a physical control of) a vehicle under the influence of alcohol and/or drugs. Drunk driving is a criminal offence and is referred to as DUI (driving under the influence). In some states it is called DWI (driving while intoxicated), OWI (operating while impaired), or OVI (operating a vehicle under the influence). DUI laws not only apply to cars, but also to other vehicles/modes of transportation, such as boats, aircraft, bicycles, farm machinery, horse carriages, and even wheelchairs.
All states designate a blood or breath alcohol level as the threshold point for a DUI criminal offence. The majority of states use blood alcohol content (BAC) of 0.08% as a cut off point for a DUI. The amount of alcohol intake that would result in a BAC of 0.08%, and the time for the body to process alcohol/reduce its concentration in the blood depends on many factors and varies between individuals.
Observed violation of the law, a driving pattern suggestive of driving under the influence, or a lawful roadblock/checkpoint are the three things that could trigger a DUI investigation. Law enforcement officers may conduct Field Sobriety Tests (FSTs) and use of portable breath analyzers (PBAs) for the purposes of determining if probable cause exists for an arrest. Laws relating to what exactly constitutes probable cause vary from state to state.
If the officer has sufficient probable cause that the suspect has been driving under the influence of alcohol, they will make the arrest, handcuff the suspect and transport them to the police station. En route, the officer may advise them of their rights and their legal implied consent obligation to submit to an evidentiary chemical test of blood, breath or possibly urine.
Drivers convicted of DUI face substantial punishment that can also include alcohol education school, fines, probation, and a driver's license suspension that is separate from the one imposed after a lost DMV hearing. Depending on previous offenses or refusals, licenses may be automatically suspended for a period of 90 days to five years, or permanently revoked for multiple DUI convictions.
Driving under the influence generally constitute a misdemeanor (punishable by up to one year in jail). However, DUI may also be a felony (punishable by a longer term in state prison) if the incident caused serious injury (felony DUI), death (vehicular manslaughter or vehicular homicide), or extensive property damage, or if the defendant has a number of prior DUI convictions.
"DUI defense", a branch of criminal defense law, involves attorneys, investigators and forensic toxicologists who attack prosecution evidence on behalf of accused DUI offenders. Generally, DUI attorneys seek to elucidate inaccuracies in forensic breath and blood testing as well as bias, inexperience and incompetence by arresting officers. It's not uncommon for DUI charges to be plea bargained into lesser offenses or sometimes dismissed through legal technicalities or jury trial acquittals. Because of the high degree of technical sophistication inherent in breath testing devices and forensic blood analysis, DUI defense is one of the very few areas that the American Bar Association recognizes as a specialized practice area within the more general area of criminal defense, and most DUI defense attorneys will have specific training in the area of the NHTSA (National Highway Transportation Safety Association) Standardized Field Sobriety Tests (SFST's), as well as Intoxilyzer issues.
If you have been charged with a DUI in Beaumont, TEXAS, consider contacting a local DUI attorney. You can find DUI lawyers through online directories, yellow pages, and even by word of mouth. Don't hesitate to contact the state Bar Association to confirm that your attorney is licensed to practice in the state. A DUI conviction could be devastating, and having proper representation in court is important.
