In the US, the laws concerning driving while intoxicated (DWI) and driving under the influence (DUI) are rather precise. It is illegal in every state of the union to drive with a blood alcohol content (BAC) of at least .08 percent. If you are found guilty of driving at this level, your license is automatically revoked or suspended as a result of administrative license suspension. If you choose not to take a breathalyzer test, your license is revoked prior to a conviction. Administrative suspension laws are not correlated with court proceedings, and they are normally applied immediately following an arrest. Statistics show that these laws are actually more effective than punishments associated with a guilty verdict. 41 of the 50 states, including the District of Columbia, bring drunk drivers up on charges based on administrative suspension laws.
45 states have established a law that requires DWI offenders to drive a car with a special apparatus connected to the ignition that will not allow the car to start until the driver takes a breathalyzer test. If the breathalyzer detects any hint of alcohol, the car cannot be driven anywhere.
If you have been convicted of multiple DWI offenses, and a police officer who pulls you over determines that you are inebriated, 30 of the 50 states will take away your automobile. 43 states have legislation in place that bans the driver or passenger(s) from having open alcohol containers in their possession under any circumstances.
The outcome of a DUI case depends on the situation. For instance, if you’re caught driving with a BAC of .07, you will be fined as much as $500, lose eight points on your license for a two-month period, and have your license suspended for as many as 60 days for a first offense. The offender can face one or all of these consequences. If you’re convicted of DUI with a .08 BAC or higher, you may be fined $1,000, lose 12 points on your license and have it suspended for a full year, and receive a mandatory 45-day suspension for your first offense. If you are not yet of legal drinking age and get pulled over with a mere .02 BAC, you will be fined $500. However, if you turn down the breathalyzer test, your license will be suspended for 120 days.
Aside from a simple DUI, things become more complex when other people enter the picture. For example, if a child was riding in the car while the driver was under the influence, their punishment may be steeper than defined based on the BAC alone. Say you are pulled over for speeding, and the officer also finds that you’ve been drinking. Then, the higher your BAC, the stiffer the penalty you will receive. In most states, if a person is killed in a drunk driving accident, whether it is the opposing driver or a passenger in your own car, you may be hit with manslaughter or murder charges. You are also liable for any nonlethal injuries you may have cause to others involved, and many states consider this a felony.
Punitive measures taken as a result of a DUI conviction are dependent upon a number of variables. If you are a first-time offender, you may be fined, receive a light prison sentence or community service, have your license suspended, and be ordered to attend an alcohol abuse program. If you are a repeat offender, time behind bars is practically a given, you will be forced to participate in an alcohol education class for an extended period, and a judge will mandate that you attend Alcoholics Anonymous. Furthermore, you will be asked to have an onboard breathalyzer installed in your vehicle that controls the ignition, or the car will simply be impounded.