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 can not 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 most states, if your blood alcohol level is greater than .10, you are presumed to be too intoxicated to safely operate an automobile. However, you can still be drunk even if your blood alcohol level is less than .10. Further, there is a big push nationwide to have the laws changed in the individual states, to make anyone with a blood alcohol level of .08 or more 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. While it is important that you do not make any incriminating statements to the police when you are suspected of drunk driving, you should 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. Drunk driving is considered a serious offense in all states.

 
  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", during 1995:

• An estimated 17,274 persons died in alcohol-related traffic crashes - an average of one every 32 minutes;
• About 1,058,990 were injured in alcohol-related crashes - an average of one person injured approximately every 30 seconds. About 30,000.00 people each year will suffer permanent work-related disabilities;
• Every weekday night from 10:00 p.m. to 1:00 a.m., 1 in 13 drivers is drunk (with a blood alcohol content of .08 or more). Between 1:00 a.m. and 6:00 a.m. on weekend mornings, 1 in 7 drivers is drunk;
• The 17,274 alcohol-related traffic fatalities in 1995 represent a 24% reduction from the 22,715 alcohol-related fatalities reported in 1985;
• About two in every five Americans will be involved in an alcohol-related crash at some time in their lives;
• Alcohol-related crashes cost an estimated $45 billion yearly. An additional $70.5 billion is lost in quality of life due to these crashes;
• The rate of alcohol involvement in fatal crashes is three and one-third times as high at night than as during the day. For all crashes, the alcohol involvement rate is nearly five times as high at night;
• During the period 1982 through 1995, approximately 300,274 persons lost their lives in alcohol-related traffic crashes;
• In the past decade, four times as many Americans died in drunk driving crashes as were killed in the Vietnam War;
• Drunk driving is the nation's worst frequently committed violent crime.

We hope that the questions and answers presented here have assisted you in familiarizing yourself with driving under the influence of drugs or alcohol issues and terms. While the material above has attempted 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.

Attorney Paul F. Gambrel is happy to assist you in any legal matter. 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.