WHAT IS "DWI (DRUNK DRIVING)"?

In October, 2000, Congress passed a law requiring all states to adopt DWI limits of 0.08% by 2004 or lose some of their Federal highway funds, so it is likely that most states will adopt that lower limit. Apart from the general 0.08% to 0.10% limits, some states have "zero tolerance" DWI limits for young drivers (under 21).

In most areas, laws state that if you submit to a blood alcohol test and your that level is greater than the amount set by law, you are considered intoxicated and DWI. Because the acceptable BAC levels are often very low, you may be legally intoxicated and DWI even if you don't feel drunk. There are three ways to check the blood alcohol level in a person: by using a breathalyzer or by taking a blood or urine sample.

If you submit to a blood alcohol test and the results show a blood alcohol level greater than the legal limit, you will usually be arrested and your driving privileges will likely be suspended for a period of time for DWI.

Because acceptable BAC levels differ from state to state, check with your local law enforcement agency for more DWI information. They should also be able to provide you with information on responsible alcohol consumption.

For additional information on blood alcohol levels for your state, you may also wish to contact a qualified DWI attorney.

How do I know if I have consumed too much to drive?

Blood alcohol levels differ based on many factors including weight, sex, food consumed and others. One basic measure, is if you have had more then one drink per hour, your likely to be DWI. I cannot stress this enough, but ANY alcohol impairs your ability to drive and is unsafe. I dont recommend you consume any level of alcohol and drive within a few hours. The more you consume, the longer this time grows. BE SAFE -DON'T DRINK AND DRIVE. PERIOD.

But alas, people make mistakes and unwittingly end up DWI.

What happens when a person is pulled over for suspected DWI?

The manner in which a person drives is one indicator of DWI. Once the police have pulled a suspect over, they rely on four other means of determining whether the driver is DWI: personal symptoms of intoxication, incriminating statements, field sobriety tests, and chemical tests.

- Personal symptoms are indirect indicators of insobriety that become apparent to officers during normal interaction with the DWI suspect. These may include physical characteristics, such as a flushed face, bloodshot or watery eyes, or an unkempt appearance; impaired motor skills, such as fumbling with the keys or wallet, poor balance when standing, or slurred speech; the odor of alcohol; and suspicious attitude or state of mind, including antagonism, silliness, joviality, difficulty comprehending questions or requests, or disorientation in time and place.

- Incriminating statements may include admissions of alcohol consumption, drug use, feelings of insobriety, or other details. It should be noted that anyone suspected of DWI has the right to refuse to answer any questions. I would speak as little as possible. ESPECIALLY dont argue or be belligerent with the officer. I would personally just hand my license and insurance card to the officer and only answer 'Yes sir' and 'No sir' is at all possible. You are not required to answer potentially incriminating questions. There are basically three acceptable alternatives, each with its own potential consequences.

• One approach would be simply to ask, "Why are you stopping me, Officer?", even if it is at a sobriety checkpoint. When the officer asks, "Have you had anything to drink this evening?", simply say, "Officer, I do not wish to be delayed. Please do not delay me. I want to drive home". If the officer has no other basis to ask you out of the car, you will be on your way.
• A polite, "I would like to speak with an attorney before I answer any questions", is also an appropriate reply. If you start with that answer, we suggest that you keep on giving that answer until you have consulted with an attorney.
• A third reply – where appropriate (that means "true") -- might be saying that you had one or two beers. That would not be incriminating as they are not usually sufficient to cause intoxication -- and it may explain the odor of alcohol on the breath. However, it would be sufficient cause for the officer to have you take a field sobriety test. I would personally recommend not admitting that you have consumed ANY alcohol.

- Field Sobriety Tests are quick exercises meant to give the officer some indication of intoxication. By themselves, field sobriety tests are not sufficient evidence of intoxication, and drivers who are pulled over are not required to take them. However, officers are often taught to conduct them to contribute to the case. Examples of FSTs include asking the DWI suspect to walk along a straight line, recite the alphabet backwards, or hold the arms at length and then touch the nose while the eyes are closed. A fourth sobriety test that is used frequently is the horizontal gaze nystagmus test. The officer begins this test by holding a pen or small light at the level of the DWI suspect's eyes, several inches away. The DWI suspect is asked to follow the object with his or her eyes while keeping the head still. The officer moves the object to the horizontal extremities of the DWI suspect's vision. In some cases, the suspect's pupils may begin to oscillate - these oscillations are called nystagmus. The angle of the DWI suspect's gaze at which nystagmus occurs can be an indicator of insobriety. However, the officer is being asked to make a very difficult estimate of this angle, and many other factors can cause nystagmus. This makes this test, like most field sobriety tests, fairly inaccurate. You should consult an attorney to find out what is recommended as sometimes attorneys advise you refuse to take this test.

- Chemical tests are by far the most important factor in determining guilt of driving under the influence, so they are the predominant concern for an officer when a driver is pulled over. The three primary chemical tests are the breathalyzer, blood test, and urine test.

• The breathalyzer is a portable machine connected to a plastic tube into which the DWI suspect blows. The machine determines a blood alcohol concentration (BAC) based upon the alcohol in the person's breath. This machine is carried by police and is used when a suspect is pulled over. The breathalyzer is fairly reliable, though if a person has consumed alcohol very recently, the machine is likely to register a high score because of alcohol still in the DWI suspect's mouth.
• Even more accurate is the blood test. A DWI suspect must be taken back to the police station to draw the blood. Frequently, a person that has failed the breathalyzer test will also have a blood sample drawn for evidence. The blood test can also test for other drugs.
• The urine sample test is the least accurate, and least frequently used. This test is often used to test for alcohol only when the other two tests cannot be performed. However, this test can also be used to test for other drugs.

You cannot be forced to take the blood, breath, or urine test, but refusing can result in a variety of harsh consequences. Generally, there are three adverse results:

1. Your driver's license will be suspended for a period of time, commonly three, six or twelve months. This is true even if you are found not guilty of the DWI charge.
2. In some states, refusal is a separate crime; in others, it adds jail time to the sentence for the DWI offense.
3. The fact of refusal can be introduced into evidence as "consciousness of guilt". Of course, the defense is free to offer other reasons for the refusal.

Thus, the decision is one of weighing the likelihood of a high blood-alcohol reading against the consequences for refusing. You should consult an DWI attorney to find out what is recommended as sometimes DWI attorneys advise you refuse to take these tests.

DWI Laws vary from state to state, and I suggest you check below for more information about DWI and Driving under the Influence.