Last Updated September 03, 2009

INFORMATION ABOUT DRUNK DRIVING

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.

LINKS TO OTHER INTERESTING INFO

Alcohol and the Human Body
Drink Wheel
Drunk Driving Law Center
Drunk Driving Penalties by State
Drunk Driving Resources on the Internet
DUI California
Mothers Against Drunk Driving (MADD)
Sourcebook of Criminal Justice Statistics

Information found at this Web site is for general informational purposes only and is not intended to be legal advice or the rendering of a legal opinion. DO NOT assume that anything contained in these Web pages answers your specific legal problem. Each legal situation is unique. You should seek independent legal advice and counsel regarding any specific legal problem you may have.