DWI Penalty
Driving while intoxicated (DWI) is one of the most dangerous acts a person can commit. As a result, drinking and driving is also one of the most serious criminal offenses a driver can face, regardless of what it’s called. Whether referred to as DWI, DUI, OWI, or OMVI, the penalties for drunk driving are consistently severe in all 50 states—and you won’t just face a single DWI penalty if you are convicted. In fact, a conviction can lead to a number of consequences, including the loss of your license, expensive fines, probation, community service, and/or jail time.
Although each state has its own laws and sentencing guidelines for a drunk driving offense, it is against the law to operate a vehicle with an illegal amount of alcohol in your system anywhere in the United States. Since research suggests that a person’s ability to drive substantially decreases when his or her blood-to-alcohol ratio reaches 0.08%, federal law prohibits driving with a blood alcohol content (BAC) of 0.08% or higher. This means that, even if your driving abilities are not affected, you could still be charged with drunk driving if your BAC is above this limit.
If an officer suspects a driver is under the influence of alcohol, he or she will often administer a series of field sobriety tests in order to determine the individual’s level of impairment. Consisting of exercises like standing on one foot or walking an imaginary line, these tests are designed to measure a driver’s mental and physical abilities by evaluating key factors such as coordination, balance, reaction speed, and ability to follow directions. Should the officer observe any of the classic signs of impairment during the tests—such as swaying, slurred speech, or lack of balance—chemical testing may then be used to determine the person’s BAC.
Chemical tests work by measuring the amount of alcohol found in a person’s breath, blood, or urine. While breathalyzers are most often used in DWI cases, a blood and/or urine sample may be requested instead. If the results indicate the driver’s BAC exceeds the federal limit, the officer will then place the suspect under arrest and charge him or her with drunk driving.
It is important to know that, in most states, you are legally obligated to comply with any officer’s request for chemical testing. In fact, refusing to perform the test will most likely lead to your arrest and/or additional criminal charges. Field sobriety tests, on the other hand, are voluntary in many areas due to their subjectivity. However, you should familiarize yourself with the laws in your state before refusing, as they may also be legally required.
If you were recently arrested for DWI, you will need a strong defense plan in order to avoid being convicted of the charges against you. To determine the best approach for your situation, it is best to discuss your case with an experienced DWI defense attorney immediately after your arrest. Complete a free online case evaluation today to find a reputable firm in your area.