In the United States, there are terms for driving under the influence (DUI). While some states call it driving while impaired (DWI), others call it operating while intoxicated (OWI) or something similar. The terminology aside, all fifty states in the country have laws that prohibit impaired driving.
The laws prohibit one from operating a vehicle at a blood alcohol content (BAC) of .08 percent or under the influence of alcohol or drugs. That means a prosecutor needs to prove the driver’s BAC was above the legal limit or prove some level of impairment for a DUI conviction.
How Do the Laws Define DUI?
There are two parts of a DUI conviction that prosecutors must prove: impairment and driving.
Impairment
A prosecutor may issue a DUI conviction based on an individual’s BAC level, also known as “per se DUI.” Also, an individual can get convicted of a DUI based on an actual impairment; each state defines this term differently. Generally, however, “impaired” means the driver is noticeably affected by the substance or unable to drive safely.
The investigating officer will test the driver to determine that they are impaired using roadside DUI tests. Then, the prosecutor will use this testimony, chemical test results, and expert testimony to prove actual impairment.
Driving
Apart from proving a driver was impaired, some states, like California, require prosecutors to prove that they were driving. However, most states only need proof that the person at the wheel was in “actual physical control” of the vehicle.
States define “actual physical control” differently, but the general definition is that the driver can operate the vehicle. In other words, the prosecutor does not have to prove that the driver was driving the vehicle. For instance, an impaired driver asleep at a running car engine would likely be considered as being in “actual physical control.”
What are the Standard Penalties for DUI Convictions?
Penalty ranges for DUI convictions are based on the defendant’s prior convictions, among other aggravating factors. DUI convictions generally carry fines, license-related penalties, and, in severe cases, possible imprisonment. Overall, judges determine the specific penalties for each case at their discretion but within the parameters set by state law.
The judge may impose sentences at the low end of the allowable range. For example, if a defendant without a criminal history and who voluntarily participated in drinking alcohol is found guilty of a DUI. However, harsher penalties may be deemed appropriate for violations involving aggravating factors like child passengers, excessive impairment, or public endangerment.
Probation
In most cases, DUI offenders will serve some probation term after spending several days in jail. During this time, the defendant must obey all laws and likely have to complete other requirements like a substance abuse treatment program. They may also have to do community service, attend a victim impact panel, or go through sobriety monitoring.
License-related penalties
A DUI offender will typically have their driver’s license revoked for a specific time, ranging from months to years. How long the suspension lasts depends on prior convictions and whether or not there are aggravating factors involved.
Likewise, there are revocation or implied consent laws in states where a DUI offender must take a chemical test if required. Drivers who refuse this test typically face longer suspension than those who fail the test and possibly other consequences.
Conclusion
DUI charges and penalties can ultimately affect a person’s career opportunities and entire life, for that matter. However, there are programs available in most states that can lessen the impact; sometimes, defendants even get viable legal defenses. If facing a DUI charge, you should talk with a DUI attorney.