Drunk Driving
Generally speaking, the phrases DUI and DWI refer to the same criminal offence, which is operating a motor vehicle while under the influence of alcohol, drugs, or a combination of both, or, in many jurisdictions, only being in physical control of the vehicle.
Every state in the union establishes a blood or breath alcohol content per se as the cutoff point for a separate criminal offence. In most places, a person accused with a second criminal offence of driving “under the influence” or “while impaired” is also likely to face a permissive presumption of guilt if their blood alcohol content (BAC) is 0.08% or more, which is equivalent to 8 grammes of ten litres of blood containing alcohol.
A less severe charge known as “driving while ability impaired” is sometimes applied in certain jurisdictions (like Colorado) to people whose blood alcohol content is 0.05% or more but less than the 0.08% per se standard for the more serious charge.
The only states that still treat arrests for drunk driving on a first offense as forfeitures are Wisconsin and Massachusetts. Depending on the person’s body composition and health, a different amount of alcohol may be consumed to get a BAC of 0.08%. Standard deviations ranged from 0.10% to 0.15% until driving while intoxicated became more of a focus in the 1980s. New York has a legal limit of 0.04% for commercial drivers.
Reasonable Doubt About Stopping An officer may encounter a driver in a number of circumstances; some of these include:
- The motorist was involved in a car accident; the investigating officer arrived on the scene and started working on the case.
- The vehicle has been pulled over at a roadblock, commonly referred to as a sobriety checkpoint.
- An anonymous citizen may have reported to the police that a particular car has been driving strangely. Before stopping the driver, the police ought to confirm the irregular driving. The driver may leave the car in certain situations.
- The patrolling officer has noticed irregular, suspicious driving or a string of offenses suggesting that the driver might be under the influence of alcohol.
- After pulling over a car for a minor traffic infraction, a police officer detects indications of alcohol and launches a DUI investigation.
- Officers are frequently trained to identify intoxicated drivers using the National Highway Traffic Safety Administration’s (DOT HS-805-711) list of DUI symptoms. The NHTSA states that a percentage figure follows each symptom, representing the statistical likelihood based on studies that a driver is exceeding the legal limit.