Statistics from the National Highway Traffic Safety Administration show that 10,874 people died in alcohol-related traffic crashes in 2017. That’s nearly a third of the total 37,133 fatalities reported that year.
No one ever intends to operate a motor vehicle while they are intoxicated or under the influence of drugs or alcohol. But one of the hallmarks of inebriation is that one’s sense of judgment is impaired. This can lead to dangerous, even fatal consequences.
Whether you have been charged with a DWI, a family member has been arrested, or you are just interested to learn more about this topic in order to be informed, we have answers to all of the frequently asked questions about driving while intoxicated.
What’s the Difference Between DUI, DWI, and OWI?
There is an entire alphabet soup of acronyms used to describe the act of driving,riding a motorcycle, or operating any other type of vehicle after drinking or taking drugs.
- DUI is most common. It stands for “driving under the influence.”
- DWI stands for “driving while intoxicated.”
- OWI means “operating while intoxicated.”
- OWVI is “operating while visibly impaired.”
- OWPD stands for “operating with the presence of drugs.”
Different jurisdictions use different acronyms in their legal system. There may also be some variations with regard to the impaired individual’s blood alcohol count (BAC). However, for all intents and purposes, there isn’t much difference between these charges. Which you will be charged with depends on where you are arrested.
Under U.S. Code § 164, the legal definition is “driving or being in actual physical control of a motor vehicle while having an alcohol concentration above the permitted limit as established by each State.”
Is It Smart to Refuse a Breathalyzer Test?
Field sobriety tests are used by arresting officers to determine whether to take you into custody, and they can also be used against you in court. The breathalyzer test, which measures your BAC, is particularly useful evidence. While you can choose to refuse a breathalyzer, it’s not advisable.
If you do refuse the test, you run the risk of having your license suspended immediately, and for six to 12 months. You’ll have to pay fines and penalties to get it back. And when you go to court for your DWI charge, the fact that you refused the breathalyzer won’t mean that the judge will throw out your case for lack of evidence. In fact, the very refusal itself will be used as evidence — along with the arresting officer’s testimony as to your impaired behavior. This will make it more likely that you will be convicted, and that you will face stiffer penalties.
In short, you are not going to beat the system by refusing the breathalyzer test or any other field sobriety tests.
What Are the Odds of Going to Jail for a First DWI?
After being arrested on suspicion of drunk driving, you’ll be taken to jail pending arraignment. You may be able to get bailed out with in a day or so, if you have a friend or relative who will put up collateral on your behalf and work with a bail bondsman.
If you are convicted, there is always a possibility of being sentenced to jail time of up to six months. This is more likely if your BAC was extremely high, if you caused an accident, if you were driving on a suspended license, if someone was injured in a crash, or if there was a refusal. For a straightforward first offense, however, you probably won’t be facing time behind bars.
“A skilled lawyer will do everything in his power to keep you out of jail,” explains Fort Bend DUI attorney David Hunter. “In many cases, the judge will substitute community service and alcohol education programs in lieu of incarceration.”
What Other Penalties Are There?
In addition to jail time, an individual convicted of DWI may face:
- Fines, as well as various fees and court costs
- Suspension or revocation of driver’s license
- Mandated community service
- Participation in drug and alcohol counseling or treatment
- Points on your license
- The installation of an ignition interlock system
- Participation in driver education courses
The exact conditions of your sentence will depend on the jurisdiction, the circumstances surrounding your crime, your attorney’s ability to argue on your behalf, whether this is a first offense, and the presiding judge’s discretion
Moreover, you may face repercussions beyond those imposed by the courts. You could be terminated from your job, lose custody of your children, have difficulty finding future employment and housing, and lose any professional licensure or accreditations you might have.
Is It Necessary to Have Legal Representation?
Technically, no. Citizens of the United States have the Constitutional right to defend themselves in a court of law. But it is almost certain that the outcome of your case will be significantly improved if you have an attorney fighting for you.
In addition to his or her experience, expertise in this particular area of law, and familiarity with the presiding judge, an attorney provides the guidance and support you will need to get through this difficult time.
Author Bio
Judy Lees is a super-connector with yunasphotography.ae who helps businesses find their audience online through outreach, partnerships, branding and networking. He frequently writes about the latest advancements in digital marketing, digital photography.
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