Driving While Intoxicated: An Overview

Every year, more than one million Americans are arrested for DWI / DUI. While these acronyms are used interchangeably, there are slight differences between the two offenses.DWI stands for "driving while intoxicated " and is a more serious offense than DUI, which stands for "driving under influence." Often, the only factor separating the two offenses is blood alcohol content level. All states make blood alcohol content level of 0.08 percent and above a DWI offense, while lesser blood alcohol content might result in a DUI charge. Depending on the jurisdiction, a DUI charge might carry significantly lighter drunk driving punishment. In states that discern between DWI and DUI offenses, a DWI charge can also be reduced to a DUI by demonstrating certain mitigating factors. This is a rather complicated procedure that needs to be completed within a certain time period, which is why it is best to consult a skilled DUI lawyer as soon as possible.

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DUI Offense: What Is It?

DUI / DWI is a fairly recent offense created by the legislature in order to prevent intoxicated drivers from injuring themselves and others. The combination of alcohol and high-speed vehicles is an explosive mix that often results in tragic consequences for the intoxicated drivers and people who share roadways with them. Alcohol and other intoxicating substances (such as legal and illegal drugs) can negatively affect the driver's focus, reaction and judgment. The law refers to this occurrence as impairment. The impairment becomes especially pronounced once the blood alcohol content level reaches 0.08 percent. This is why all states recognize 0.08 percent as the threshold line beyond which any person is presumed to be intoxicated. This presumption is rebuttable, which means that drivers can dispute it. If the accused driver is successful, the charges may be dropped or the punishment might me significantly reduced. As with all legal proceedings, retaining a skilled attorney greatly enhances the chances of a successful DUI / DWI rebuttal.

DWI Dangers

According to statistics compiled annually by the National Highway Traffic Safety Administration, about 30 percent of all fatal auto collisions involve at least one intoxicated driver. Because intoxication typically increases the driver's liability, drunk drivers often experience difficulties when answering car accident lawsuits filed by victims seeking damages for various types of personal injury. The damages sought and awarded in such suits include lost wages, pain and suffering, emotional distress, hospital bills and other damages arising from the injuries. If the trauma sustained by the victim is grave, such as spinal cord injury or open head injury, the compensation required might be substantial. In order to represent their interests as effectively as possible, drivers served with personal injury lawsuits involving DUI allegations should retain a skilled legal counsel.

DUI and Wrongful Death

Proper legal representation is especially important in cases whereby the intoxicated driver has caused death. He or she might be subject to both civil action (wrongful death lawsuit) and criminal prosecution (felony DUI or misdemeanor DUI charges). While the wrongful death attorney representing the estate of the deceased is typically open to settlement, the criminal prosecutor cannot dismiss the charges by accepting restitution. However, the prosecutor might offer a plea bargain, and an experienced criminal defense attorney might help the defendant achieve the best outcome possible.

In some states, vehicular homicide caused by a drunk driver recently has been made a more serious crime. For example, California allows intoxicated drivers to be charged with second degree murder in certain situations. The reason behind the legislative changes is the desire to protect innocent drivers and to strongly discourage people from operating vehicles while under the influence of alcohol. An increasing number of states have followed the California example, reflecting our society's disapproval of drinking and driving.