For many Americans, driving is a routine activity. We drive to work, to the grocery store, to pick up our kids from school, and sometimes, we even embark on leisurely road trips.
However, while it may seem commonplace, driving demands intense focus and clarity. A small lapse in judgment can result in a catastrophic accident, forever changing lives. When someone chooses to get behind the wheel under the influence, the odds of making such errors skyrocket, jeopardizing the safety of fellow motorists. Those who aim to seek legal protection should opt for the services of attorney Omeed Berenjian of BK Law Group.
Given the severe implications of drunk driving, it’s no surprise that the U.S. laws addressing this behavior are stringent, as detailed below:
The Legal Landscape of Drunk Driving in the United States
Blood alcohol concentration (BAC) serves as the primary benchmark to determine intoxication on U.S. roads. In most American States, a BAC of 0.08 percent is the legal limit. If you’re found driving with a BAC of 0.08 or above, you will face a DUI/DWI conviction.
In States like Minnesota, however, a driver can face a “less-safe” DUI even when someone’s BAC is below that .08 threshold.
Understanding the Terminology
You might have come across the acronyms DUI and DWI in our discussion. What do they stand for? “Driving under the influence” and “driving while intoxicated” both describe offenses where an individual is caught operating a vehicle while impaired. In many U.S. states, the terms DUI and DWI are used interchangeably. However, in some jurisdictions, DWI can denote a more serious violation.
Various U.S. states employ different terms to describe intoxicated driving, including:
- Operating under the influence (OUI)
- Operating a vehicle under the influence (OVI)
- Driving while ability impaired (DWAI)
- Operating a vehicle under the influence of an intoxicant (OVUII)
- Driving under the influence of intoxicants (DUII).
Regardless of the terminology, all these offenses relate to driving while impaired and often carry heavy penalties with far-reaching consequences. If you ever find yourself facing a DUI or DWI charge, seeking a DUI attorney is crucial.
Per Se Laws
Per se laws state that drivers with a BAC level of 0.08% or higher are legally intoxicated, paving the way for a DUI/DWI conviction. However, this standard doesn’t apply universally.
Drivers under 21 years old face harsher per se thresholds. In simple terms, they can face DUI/DWI charges even with a much lower BAC. Commercial drivers, including those in rideshares and trucking, face tighter restrictions. If these drivers register a BAC of 0.04% or above in Minnesota, they face a per se DUI. They can be convicted of a DUI/DWI offense.
It’s vital to recognize that BAC tests aren’t the sole criteria for determining intoxication while driving. An officer might arrest you based on visible signs of impairment, even if your BAC falls below the stipulated limit.
Officers on patrol often look out for:
- Slurred speech
- Swerving between lanes
- Failure in sobriety tests
- Evidence of alcohol inside the vehicle
In these instances, the onus is on the officer to convincingly demonstrate to the court that you were operating the vehicle while impaired.
Consequences of a Conviction
Upon conviction, the fallout from a DUI/DWI offense can range from mild to severe, depending on the unique circumstances of your case. Factors the court considers during sentencing include:
- Prior criminal history
- Whether your intoxication resulted in death or injury
- Your status as a commercial vehicle driver
- Whether you were over the age of 21 at the time
- The presence of a minor in the vehicle during the offense
Depending on these factors, penalties may vary. Potential consequences encompass:
- Jail time
- Fines
- Community service
- The installation of ignition interlock devices
- Home confinement
- License suspension or revocation
- Court-ordered therapy
If you choose to engage an attorney, which is highly advisable, they may advise negotiating a plea bargain with the prosecution or recommending a trial.
Should you find yourself facing a DUI/DWI conviction, it’s crucial to immediately reach out to a DUI attorney. They will clarify your rights, guide you through your legal responsibilities, and ardently represent your interests. Not only can they negotiate a plea bargain with the prosecution, but should your case advance to trial, they will passionately advocate for the most favorable outcome.
