Driving Under Influence – Arrest & Penalties

While the occurrences of driving while intoxicated have decreased steadily over the last decade, more than one million people are arrested for DUI / DWI violations each year. Depending on the jurisdiction and the DWI arrest circumstances, the violators can be charged with either misdemeanor DUI or felony DWI. If the intoxicated driver has caused a serious car accident resulting in fatal consequences, he or she might also be charged with vehicular manslaughter. However, in all DUI / DWI situations constitutionally prescribed proceedings have to be followed. If the police officers, prosecutors or the judge fails to adhere to these guidelines, a skilled DUI attorney can raise powerful defenses that can result in reduction or dismissal of the DUI / DWI charges.

DUI / DWI: Arrest and Clarification Procedures

Before pulling any driver over for a field sobriety test, the police officer has to have a probable cause, such as speeding or driving too slowly, excessive maneuvering and/or failure to stop at a stop sign. After the driver is properly pulled over, the police officer can ask the driver to perform a breathalyzer test. If the test results show blood alcohol content level that is above the state maximum, the driver can be arrested and escorted to the police station for further proceedings.

At the police station, the driver is typically asked to submit to a blood or urine test. The reason for the additional tests is to clarify the blood alcohol content level beyond a reasonable doubt. While a breathalyzer is the most convenient and often used testing device, it is also the least reliable examination. A blood test can provide much more precise readings, and it can also reveal the presence of other illegal substances, such as drugs and certain medications.

Another reason why the police officers usually administer several tests is the fact that this part of the DUI / DWI proceedings is disputed most often. DUI attorneys frequently inquire into the breathalyzer technology used and its reliability record, as well as examine whether the blood test was administered properly. While minor discrepancies are unlikely to overturn a DUI conviction, major violations of the required procedures might result in reduction of charges and/or penalties.

DUI / DWI Penalties

After reviewing the police report, test results and other relevant information, the prosecutors charge the driver with either misdemeanor or felony DWI / DUI. The penalties for DWI arrest that are sought and imposed are directly related to the charges. A misdemeanor DUI conviction typically results in fines for DUI, short-term suspension of a driver's license, and mandatory alcohol counseling. A felony DUI conviction, on the other hand, might result in long-term driver's license suspension, large fines, and time in jail or prison. In addition, the court may impound the intoxicated driver's vehicle and order mandatory community service.

Apart from criminal penalties, drivers convicted of DUI / DWI violations might face civil sanctions. They might be sued by personal injury lawyers representing victims injured in accidents caused by the intoxicated drivers. Typically, only victims who have suffered serious injuries, such as spinal cord injury, burns or traumatic brain injury (TBI) pursue litigation because it is an emotionally challenging and time-consuming process. However, an experienced, tactful car accident lawyer can make the process less demanding for the victims by representing their interests in the most efficient and effective manner.

Drunk drivers who have caused fatal auto accidents might be sued by wrongful death lawyers representing the surviving family of the deceased victim. Similarly to personal injury litigation, the goal of wrongful death lawsuits is to obtain just compensation for the physical, psychological and financial damages incurred by the victim's family.