Drunk driving is a serious crime in all states. The information below may be
helpful if you are stopped for driving under the influence.
We hope that the questions and answers presented
here will assist you in familiarizing yourself with driving under the influence
of drugs or alcohol issues and terms. While the material below attempts to
answer common questions in this area, state and local laws may significantly
modify the facts set forth. Because all legal problems are unique, nothing
provided here is a substitute for the advice of competent counsel.
We strongly urge you to consult with an attorney licensed to practice in your
state about any particular legal problem you may have.

WHAT IS DRIVING UNDER THE INFLUENCE?
Drinking
alcohol and taking certain drugs affects your ability to safely operate
dangerous equipment such as automobiles, motorboats and industrial equipment.
In every state, it is against the law to operate an automobile if you are so
under the influence of drugs or alcohol that you cannot safely operate the
motor vehicle.
WHAT IS A BLOOD ALCOHOL LEVEL?
When
you drink, alcohol from the drink is absorbed into your blood stream. Various
tests have been designed to measure the level of alcohol in your blood. In many
states, if your blood alcohol level is greater than .08, you are presumed to be
too intoxicated to safely operate an automobile. However, you can still be found by a court to be
drunk even if your blood alcohol level is less than .08. Further, there is a
big push nationwide to have the laws changed in the individual states, making this .08 limit the level
in all states as being considered legally too intoxicated to drive a vehicle.
WHAT SHOULD I DO IF I AM STOPPED FOR DRUNK DRIVING?
If
you are stopped by the police and
suspected of drunk driving, you will probably be asked to take some type of
test to determine your blood alcohol level, such as a blood test or a
breathalyzer test. In most states, if you refuse to submit to the test as
requested by the police officer, your license will be suspended for failure to
take the test, regardless of whether you are ultimately found guilty of drunk
driving. In Pennsylvania, for example, refusal to submit to any type of blood
alcohol test automatically results in a one year suspension of your driver's
license. You can still be prosecuted for drunk driving even if you refuse to
submit to a blood alcohol test. Do not make any
incriminating statements to the police when you are suspected of drunk driving.
But always act in a courteous and respectful manner to the investigating
police officer. The police officer's testimony could have a direct bearing on
your sentencing in a drunk driving case at a later time.
IS DUI AND DWI THE SAME THING?
Yes. Driving Under the Influence ("DUI") or
Driving While Intoxicated ("DWI") are two of the terms used by
various states to mean drunk driving.
WHAT IS THE MAXIMUM PUNISHMENT GRANTED BY THE COURT TO A FIRST-TIME
OFFENDER CHARGED WITH DRIVING UNDER THE INFLUENCE?
Drunk
driving is considered a serious offense in all states. The DUI statute in the
state where the violation occurred will determine the extent of the punishment
for a first-time offender. Generally, a first-time offender convicted of the
offense (which is usually considered a misdemeanor) is ordered to pay a fine
and may be sentenced to a minimum term of imprisonment. A suspension of his or
her driver's license will usually occur as well. There are certain "programs"
available to first-time offenders, which allow the defendant's punishment to be
decreased under certain circumstances. Further, there are a number of defenses
to a charge of drunk driving that an experienced attorney can raise on your
behalf. If you cannot afford to hire an attorney, the court will appoint an
attorney for you free of charge.
WHAT KIND OF STATISTICS ARE AVAILABLE FOR INCIDENTS INVOLVING
IMPAIRED DRIVING?
According
to Mothers Against Drunk Driving, "MADD,"
- On average someone is killed by a drunk driver every 40 minutes.
In 2007, an estimated 12,998 people died in drunk driving related crashes;
- About three in every ten Americans will be involved in an
alcohol-related crash at some time in their lives;
- Fifty to 75 percent of drunk drivers whose licenses are
suspended continue to drive;
- Approximately 40% of all motor-vehicle fatalities are alcohol-relate;
- Over 1.46 million drivers were arrested in 2006 for
driving under the influence of alcohol or narcotics. This is an arrest rate of
1 for every 139 licensed drivers in the United States;
- In 2007, drivers between the ages of 16-20 were involved in 1,719 drunk driving accidents;
- Frequent drunk drivers are responsible for almost 60% of alcohol-related fatalities;
- In the United States, drunk driving is the leading criminal cause of death;
- In 2007, 31.6 percent of the 41,059 traffic fatalities occurred in crashes
in which at least one driver or nonoccupant had a Blood Alcohol Level of 0.08 g/dl or greater.
ARE THERE LONG TERM HEALTH RISKS ASSOCIATED WITH ALCOHOL ABUSE?
As
with any addiction, alcohol addiction presents many health risks. For more
information, and help with alcohol abuse, contact your local Alcoholics
Anonymous center. The phone number and location of the center nearest you can
be found in the Blue Pages of your local telephone Yellow Pages.
DESSEN, MOSES & ROSSITTO is happy to
assist you in any legal matter that involves either Pennsylvania or New Jersey,
the two states in which our attorneys routinely practice. If you have other
questions or comments about Driving Under the Influence, or any other area in
which we practice, please send us an E-mail
message with your questions or comments and we will be happy to
try to assist you. |
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