Some of the states now have two different statutory DUI offenses. The first is the traditional offense, variously called driving under the influence of alcohol (DUI), driving while intoxicated/ impaired (DWI) or operating while intoxicated/ impaired (OWI). The second offense involves driving with a blood-alcohol concentration (BAC) of 0.08% (previously 0.10%) or higher (the USA allows the highest BAC in the world). The first offense requires proof of intoxication, although evidence of BAC is permittable as rebuttably presumptive evidence of that intoxication; the second requires only proof of BAC at the time of being in physical control of a motor vehicle. Interestingly, while a person may be convicted of both offenses, they may only be punished for one.
It is a criminal offense in all states to drive a vehicle while under the influence of drugs D.U.I.D., or under the combined influence of both alcohol and drugs (wow!); the drugs themselves need not be illegal, but can be prescription or even over-the-counter. In some of the states, the effects of some of the legal, but herbal, remedies will fall into this category. This offense requires evidence of impairment as a result of the drugs or drugs and alcohol, although some states have passed laws making driving with the mere presence of certain drugs a criminal offense.
Some states also include a lesser charge of driving with a BAC of 0.05%; other states limit this offense to drivers under the age of 21. All states also now have zero tolerance laws: the license of anyone under 21 driving with a BAC of .01% or higher (.02% in some states) will be suspended. The blood-alcohol limit for commercial drivers is 0.04%. Commercial drivers are also subject to stricter punishments for exceeding the blood-alcohol limit.
Aircraft pilots or commercial bus drivers cannot fly or drive their vehicles less than eight hours after consuming alcohol, while under the impairing influence of alcohol or any other drug, or while showing a blood alcohol concentration equal to or greater than 0.04 grams per decilitre of blood. Usually, no one checks, but that's another story.
The various versions of "driving under the influence" generally constitute a misdemeanor (punishable by up to one year in jail). However, the offense may be elevated to 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 (a state specified dollar amount) or if the defendant has a designated number of prior DUI convictions within a given time period (commonly, 3 prior convictions within 7 years). California, which is being followed by a growing number of states, now charges second-degree murder where the legal state of mind of malice exists"that is, where the defendant exhibited a reckless indifference to the lives of others.
It is a criminal offense in all states to drive a vehicle while under the influence of drugs D.U.I.D., or under the combined influence of both alcohol and drugs (wow!); the drugs themselves need not be illegal, but can be prescription or even over-the-counter. In some of the states, the effects of some of the legal, but herbal, remedies will fall into this category. This offense requires evidence of impairment as a result of the drugs or drugs and alcohol, although some states have passed laws making driving with the mere presence of certain drugs a criminal offense.
Some states also include a lesser charge of driving with a BAC of 0.05%; other states limit this offense to drivers under the age of 21. All states also now have zero tolerance laws: the license of anyone under 21 driving with a BAC of .01% or higher (.02% in some states) will be suspended. The blood-alcohol limit for commercial drivers is 0.04%. Commercial drivers are also subject to stricter punishments for exceeding the blood-alcohol limit.
Aircraft pilots or commercial bus drivers cannot fly or drive their vehicles less than eight hours after consuming alcohol, while under the impairing influence of alcohol or any other drug, or while showing a blood alcohol concentration equal to or greater than 0.04 grams per decilitre of blood. Usually, no one checks, but that's another story.
The various versions of "driving under the influence" generally constitute a misdemeanor (punishable by up to one year in jail). However, the offense may be elevated to 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 (a state specified dollar amount) or if the defendant has a designated number of prior DUI convictions within a given time period (commonly, 3 prior convictions within 7 years). California, which is being followed by a growing number of states, now charges second-degree murder where the legal state of mind of malice exists"that is, where the defendant exhibited a reckless indifference to the lives of others.
About the Author:
Neal Spoton set up an internet resource for DUI legal services after 21 years as an DUI attorney. Think you need some inside information to figure out your own DUI or DUID situation? Click Right Here on DUI Attorney.
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