DUI / DWI Proceedings: Arrest, Clarification & Punishment

While most of us do not like to consider the possible consequences of a DWI arrest, more stringent state laws mean that more and more people are subject to DUI proceedings. In some states, blood alcohol content level of 0.05 percent can make the driver legally drunk, which means that many unsuspecting drivers might be convicted of DUI. In addition, most states have zero-tolerance laws regarding minors. A teenager might be deemed legally drunk when his or her blood alcohol content level is as low a 0.01 percent. Parents desiring to protect the rights of their teenage children should seek the help of an experienced DWI attorney soon as they learn about the problem.

Driving While Intoxicated: Arrest Procedures

DUI / DWI laws vary between the states, which is why the arrest procedures might also differ. However, in all states the police officers are required to follow certain procedures. First, they need to have a probable cause for pulling the driver over. This means that the police cannot simply single out a certain driver to administer the field sobriety test. A valid reason, such as suspicious driving behavior or missing license plates, is required.

After the driver is pulled over, the police officers can administer a field sobriety test if they suspect that the driver might be legally drunk. While some police officers might ask the driver to recite the alphabet backwards and make certain eye movements, often these procedures are skipped and the only thing the driver is asked to do is to perform the breathalyzer test. If the test returns results that are above a certain limit (typically 0.08 percent), the driver might be arrested and escorted to the police station. At the station, the driver usually takes another test to clarify the blood alcohol content level. In most cases, a blood test is administered because blood analysis measures both the alcohol content level and reveals the presence of illegal drugs and intoxicating medications.

Driving Under Influence: Punishment

DUI / DWI can result in either misdemeanor or felony charges. Consequently, the punishment might also differ. Some of the more common DUI / DWI penalties are listed below:

Suspension / Revocation of Driver's License. When the driver is charged with a DUI / DWI offense, the DMV can impose automatic license suspension. Depending on the outcome of the DUI proceedings, the suspension can be lifted or extended for several months.

Alcohol Counseling. An increasing number of judges require mandatory drinking counseling as a condition of dismissing or reducing the DUI charges.

Ignition Interlock Device. Many courts require drivers convicted of DUI / DWI violations to equip their vehicles with special ignition interlock devices. Each time the driver wants to start a car, he or she has to pass a breathalyzer test; otherwise the device automatically locks the ignition.

Fines. In most cases, drivers guilty of DUI / DWI violations have to pay fines ranging from $500 to $15,000. The cost of DUI fines depends on the jurisdiction and circumstances of the offense.

Civil Judgment. If the intoxicated driver has caused an auto accident resulting in serious injuries to the victims, such as spinal cord injury, burns and/or open head injury, the driver might be required to provide just compensation. The victims typically retain seasoned personal injury lawyers (also called car accident lawyers) to represent their interests against the responsible driver.

Jail or Prison Time. If the offense of the intoxicated driver is especially grave, the judge might order jail time or prison time. The latter punishment is typically reserved for drunk drivers who have caused accidents where someone has died. In addition to criminal punishment for DUI vehicular manslaughter, the intoxicated driver might also face a wrongful death lawsuit. This type of litigation is commenced by a wrongful death attorney on behalf of the victim's family and seeks financial compensation for the medical and funeral expenses, physical pain and psychological suffering.