Driving under the influence (DUI), also referred to as DWI (Driving While Intoxicated), or OVI/OMVI (Operating a Motor Vehicle while Intoxicated) is a term used by most states for being legally intoxicated or impaired while operating a motor vehicle. For the most part, the acronyms are equivalent and represent being charged with drunk driving.
At present all fifty states along with the District of Columbia have what is known as “per se” laws, although specific DUI laws vary from state to state. This makes it a crime to operate a motor vehicle with a blood alcohol concentration of .08% or higher. This indicates that even though you are not intoxicated you can still be convicted of drunk driving.
DUI has four different classifications of offenses. First, it is unlawful to operate or be in actual physical control of a motor vehicle while under the influence of intoxicating liquor, drug, vapor, or any mixture thereof. Second, it is unlawful to drive or be in actual physical control of a motor vehicle with a blood alcohol concentration of .08 or higher within two hours of driving. Third, it is unlawful to drive or be in actual physical control of a motor vehicle with a blood alcohol concentration of .15 or higher within two hours of driving. Fourth, it is unlawful to drive or be in actual physical control of a motor vehicle with a blood alcohol concentration of .20 or higher within two hours of driving.
In forty three states including District of Columbia laws are in place that prohibits the driver and/or passenger/s from possessing an open container of alcohol while inside a motor vehicle. All fifty states have enacted Implied Consent law. Once driver’s license is obtained, a driver is impliedly consenting to submitting to a chemical test should appropriately requested by law enforcement. The Police can ask for a breath test should they have probable cause to suspect driving drunk. The consequences may be severe for those who refuse, which can include revocation of license to drive.
Also, every state has Zero Tolerance laws in effect, which apply to drivers under twenty one years of age. The penalties vary for a DUI offense, but drivers under 21 are probable to confront the same penalties as an adult. Administrative License Suspension laws are also have been passed in all states, which allow police officers to confiscate the driver’s license when arrested and charged with driving drunk.
In the United States, those convicted of drinking and driving face severe consequences. When arrested for DUI, there are actually two separate cases brought against the accused: a criminal court case and an administrative DMV hearing. With certain DUI charges, the time to protecting legal rights is limited and it is imperative to act immediately or the accused can lose certain legal rights or privileges.