The term DWI, which is short for driving while intoxicated, refers to the consumption of alcohol. More specifically it is if your blood alcohol content, or BAC, is tested to have levels over 0.08%. That amount is equal to two beers or less in one hour. That is the legal guideline that the majority of states use so that they continue to receive funding from the federal government.
Another charge to that you can be stopped for is known as DUI, which is short for driving under the influence. This charge would apply to those that smoke marijuana or take other drugs. This is the same charge that would be given, for example, if you are stopped and had even just one sip of beer. You would receive the same consequences for both offenses, such as points on your license or you could get jail time, penalties and fines. All are just as costly to defend.
Some social drinkers are incredulous to find out these facts, when they drink once or twice a year. They are placed in the same class as those that have more serious drinking problems.
There are still some states that have the old federal guidelines in place, since they believe that the difference can be made up by a sales tax on alcoholic beverages. This can be anything from the drinks in a restaurant ordered with dinner to extra revenue from bars.
Because many borderline drinkers will opt to stay at home rather than have drinks in a bar, the heavy drinkers still take their chances and have higher BACs, in most cases, since they are the ones that the new laws don’t deter or affect any more than they did before. Many people argue that the police are spending more resources and tax dollars going after the social drinkers and not deterring the heavy drinkers any more than they did before.
Most states have adopted the .08% BAC, and the lawyers can charge quite a bit of money to defend driving privileges. There are other expenses involved, such as SATOP, the mandatory safety program for drivers that drink, in order to get their license back from administrative suspension. The inconvenience of the automatic suspension that occurs before you are ever found GUILTY in court is additional expense and stays on your record for up to five years, in most states on your first offense.
If you are charged, then a good lawyer is something you must have. Although you used to be innocent until proven guilty, that no longer applies to DWI charges. Actually, just by refusing the breathalyzer test you will most likely lose your license for a year and if you are found guilty of DWI, then you can also receive up to six months jail time for the first offense and up to five years for your third conviction. Most drug dealers don’t even have to fear those kinds of harsh sentences.
Two main reasons for the crackdown and issuing a lot more of the DWI charges are the fact that more accidents involve drivers who are impaired from drinking plus more arrests are required for the federal tax dollar incentive. This also is due to public outcries, although for drug dealers, in some cases, things are easier. It is hard to imagine yourself in this situation from having one drink with dinner, but it is definitely advisable to employ an attorney right away if you do.