DUI - Driving Under the Influence

What is DUI? DUI, or Driving Under the Influence, refers to the act of operating a motor vehicle while drunk. Conviction is based on the legal limit for alcohol content in the blood, which is .08 grams/deciliter in 45 states. A person’s blood alcohol is determined through a urine exam, blood analysis, or Breathalyzer test. Since these tests aren’t 100% accurate, showing a large margin of error in many cases, a DUI arrest doesn’t guarantee conviction.

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DUI is related to the more general term, DWI, or Driving While Intoxicated. DWI covers all substances (alcohol as well as drugs), which reduce a person’s capacity to drive safely.

The National Highway Safety Traffic Administration estimates that a person is killed every 31 minutes due to a DUI-related accident.

Over the last 10-year period, DUI arrests hit around 1.4 million drunk drivers YEARLY. That’s why many US states are currently amending their laws to:

·         Lower allowable blood alcohol limits.

·         Regularly set up sobriety checkpoints.

·         Legislate zero tolerance for drivers under age 21.

·         Require compulsory treatment for offenders.

·         Call for more severe penalties for repeat offenders.

DUI - Recent Incidents

Over a recent 12-month period, DUI offenders involved in car crashes caused well over 17,000 deaths. In most of these cases, DUI charges are enhanced by other offenses.

The seriousness of DUI charges as it applies to establishments that allow their patrons and employees to drink and then drive was emphasized in a March 2006 case. A wife sued a restaurant for the wrongful death of her husband, a professor, who was killed in a DUI accident caused by one of the restaurant’s employees.

The widow claimed the restaurant was negligent in letting its employee leave the premises and drive home after he had consumed alcohol way above the legal limit. The 22-year-old employee registered a blood alcohol level of 0.17 after drinking with coworkers when his shift was done.

The employee, who had a history of drunkenness, pled guilty to charges of DUI with a blood alcohol level above 0.15. The restaurant is still being sued for damages.

DUI - Types & Penalties

Penalties for multiple/repeat DUI offenders are generally much more severe than for first-time DUI offenders. For underage drivers, ANY blood alcohol content may already mean a DUI offense.

DUI penalties may include any or all of the following:

1.      Jail time – Two days to several months.

2.      Fines – Hundreds to thousands of dollars.

3.      Probation – 6 months to several years.

4.      Limitation/revocation of driving privileges by the DMV.

5.      Vehicle impoundment.

6.      Setting up of an interlocking mechanism in the offender’s car – Breathalyzer mechanism measures blood alcohol level and locks up ignition if alcohol is detected.

7.      Mandatory participation in DUI program (e.g., treatment program, victim impact education program) or community service.

Penalties become much harsher if the DUI incident involves:

1.      A child.

2.      Bodily injury to another.

3.      Property damage.

4.      Alcohol way beyond the legal limit.

5.      Breaking the speed limit.

6.      A driver refusing to submit to testing.

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