DWI Legal Consequences – DUI Legal Help

Driving under influence (DUI) and driving while intoxicated (DWI) are serious offenses that cause great stress to people arrested for these misdemeanors. While the names differ, both offenses involve the same elements: the person charged is a driver of a motorized vehicle, he or she was pulled over due to a suspicious driving pattern or at a DUI check-point, and the driver's blood alcohol content level exceeded the legal limit. While the limit varies between jurisdictions, all states make it unlawful to operate a vehicle if the driver's blood alcohol content level is 0.08 percent or higher. Some states charge DUI in situations whereby the driver's blood alcohol content is 0.05 percent, and minors can be arrested for DUI based on any detectable blood alcohol content level.

Driving Under Influence: Alcohol, Drugs and Sleep Deprivation

The DUI / DWI offense was enacted in order to discourage drivers from operating their vehicles while intoxicated. Most people associate DUI / DWI with drunk drivers; however, this offense also includes those who drive while under the influence of drugs. Even legal drugs can be grounds for a DUI / DWI charge if the prescription specifies that the patient should not operate a motor vehicle after taking it. Some homeopathic drugs also have been shown to greatly impair the driver's ability to focus, react and make quick decisions. A notable example is kava-kava, a homeopathic remedy used to treat anxiety and depression. In addition, sleep deprivation can also impair driver's ability to react properly to rapidly changing traffic situations. However, charging drivers with impaired driving offense due to fatigue remains a controversial subject.

DUI / DWI: Types of Vehicles

Most people think of DUI charge as something applying almost exclusively to car and motorcycle drivers. However, this offense covers operators of any motorized vehicles, including scooters, commercial vehicles, boats and airplanes. In fact, many states prohibit pilots to operate their aircrafts for eight hours after consuming any amount of alcohol, and other states set the blood alcohol content limit for pilots at 0.04 percent (as opposed to the standard 0.08 percent). The DUI / DWI prohibitions and DUI / DWI punishment extend to operators of many non-motorized vehicles as well. For example, intoxicated bicyclists and horse riders can sometimes be charged with DUI / DWI. In all DUI situations, it is best to discuss the charges with a skilled DWI lawyer as even a seemingly minor offense might create significant legal consequences for the offender. To learn about other types of attorneys such as divorce attorneys, as well as how to find a divorce attorney, read our pages dedicated to these topics. To ensure the best outcome, it helps to choose DUI lawyers who have significant experience practicing this type of law.

Driving While Intoxicated and Car Accidents

Despite laws prohibiting drunk driving, more than a million Americans are charged with misdemeanor DUI or felony DUI every year. Sadly, many of these charges occur in car accident situations whereby the intoxicated driver has caused a collision with one or more vehicles. In many cases, the innocent victims have suffered serious injuries and desire to hold the responsible driver financially liable. In order to accomplish this task, they might retain personal injury attorneys experienced in handling negligent injury situations. By carefully investigating the facts and assessing the legal remedies available, a seasoned car accident lawyer can offer valuable advice whether filing a lawsuit might be in the best interests of the victim.

Sometimes, negotiations with the liable party can be more effective in achieving a just compensation. Negotiations are often recommended in situations whereby the victim has suffered serious trauma, such as spinal cord injury or traumatic brain injury (TBI) and cannot take the stress and demands of a jury trial. In addition, negotiations handled by a skilled lawyer might be appropriate in a wrongful death situation whereby victim has died due to an accident caused by a drunk driver. Since both parties usually desire to avoid an emotionally demanding trial, wrongful death lawyers are often able to achieve settlement through negotiations.