Drunk Driving/DUI - An Overview
"Driving under the influence" (DUI) and "driving while intoxicated" (DWI) are two names for the crime of drunk driving. Other statutory names for this crime are "operating under the influence" (OUI) and "operating while intoxicated" (OWI). The different names for the crime reflect differences in the state statutes that define the crime. However, all the statutes have the common purpose of punishing drunk driving and driving under the influence of illegal drugs. A conviction for drunk driving carries serious consequences, including driver's license suspension or revocation, fines, and time in jail or prison.
Accordingly, a person charged with drunk driving must not hesitate to seek legal counsel from an experienced criminal defense attorney in order to best protect his or her interests.
Elements of the Crime of Drunk Driving
The first element of the crime, no matter whether it is called DUI, DWI, OUI, or OWI, is "driving" or "operating." This language is designed to describe the level of control a person must have over the vehicle. In many states, the vehicle does not actually have to be moving, however, and a person sitting behind the wheel of a car, whether or not the engine is running, can be convicted of driving or operating the car. Likewise, courts have found that a person steering a car being towed by another car could be tried for the crime of drunk driving. While passengers are generally not considered drivers or operators of vehicles, they can be if they grab the steering wheel.
The definition of "vehicle" under the drunk driving statutes is broader than "motor vehicle." A vehicle can be any device for transporting people or goods. A motor vehicle, by contrast, requires that the device be powered by a motor. Both of these terms encompass cars, trucks, and motor boats. A question can sometimes arise when the vehicle is inoperable, and a distinction is made between the vehicle's being merely immobile and being inoperable.
These legal distinctions require an attorney with substantial experience.
Another element of the crime is its location. Earlier statutes in sometimes included explanatory phrases such as "on the public highways," which led courts to conclude that the crime did not apply to persons who drove on private property, including parking lots. Most new statutes, however, now simply require proof that the crime took place within the state.
Proving a Charge of Drunk Driving
The basic thrust of the drunk driving laws is that they are to prevent operation of a powerful machine when a person is too intoxicated to have adequate control of the machine. The intoxication element is proven by one of two methods: (1) showing a certain level of blood alcohol or illegal drugs, or (2) showing that the person was impaired. The first method is the one most often used. It does not rely on anyone's observations of the defendant's conduct, but rather on the results of a blood or breath test. A common statutory scheme requires a person suspected of being drunk or drugged while driving to give a sample of his or her breath or blood for testing. This so-called "implied consent" comes about because the statute provides for it whenever a person gets a driver's license. Once the sample is given, it is analyzed by a machine that measures the concentration of alcohol in a person's blood. One common limit for blood-alcohol content is .10 percent, although in recent years there has been a push to lower that limit to .08 percent. Any person who tests over the limit is legally intoxicated. The only way to challenge the charge is to show that there was some failure in the test procedure, such as a malfunctioning machine, improper sampling, foreign substances in the mouth (in the case of a breath test), or improper preservation of the evidence.
Proof of impairment may also be based on the facts and circumstances surrounding the incident. This type of proof is based on eyewitness testimony, statements of the defendant, and circumstantial evidence. The actual amount of alcohol in a person's bloodstream is irrelevant, since the focus is on whether the ability to drive has been impaired. Standard police tests for impairment, called "field sobriety tests," include having the defendant walk a straight line with one foot placed precisely in front of the other, closing the eyes and standing with arms held out from the body and touching the tip of the nose when instructed, reciting the alphabet, and counting backwards. Other signs of impairment come from the officer's observations of the defendant's driving, which often lead to the stop. Driving too fast or too slowly, weaving from lane to lane, and going through stop signs have all been used as evidence of impairment. A statement by a driver about how much he or she had to drink, and how recently, can also be used as evidence of impairment when supported by testimony about the probable effects of that amount of alcohol ingested at that time on a person's physical abilities.
Punishment for Drunk Driving
Punishment for drunk driving has become increasingly severe in the past twenty years. Although first-time offenders may be given a "break," such as a suspended sentence conditioned on treatment for substance abuse or attendance at drunk-driving school, the penalty for second or subsequent offenses often includes mandatory minimum jail or prison sentences that cannot be suspended or waived, as well as stiff fines. Often the offender's driving privileges are also suspended or revoked under the state's administrative regulations, which are not considered part of the criminal sentence. Some defendants have unsuccessfully attempted to argue that a suspension or revocation of their drivers' licenses by the administrative agency in addition to the criminal sentence is double punishment that is barred by the double jeopardy clause of the Constitution.
Conclusion
Drunk driving is a serious criminal charge. Everyone relies on driving to meet their basic needs, including getting to and from work, buying groceries, and transporting family members to school, lessons, and appointments. Persons charged with drunk driving stand the chance of losing their driving privileges, either temporarily or permanently, or of suffering even more serious consequences, such as incarceration.
Accordingly, if you have been charged with drunk driving, do not hesitate to call upon a skilled and experienced attorney. You can't afford not to make a defense lawyer a part of your team.
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