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Drunk Driving /
San Diego DUI -
An Overview
1.
Drunk Driving (DUI): Elements of the Offense
2.
Proof of a Drunk Driving (DUI) Charge
3.
Drunk Driving (DUI) Penalties
4.
Conclusion
The crime of drunk driving is also known as "driving under the
influence," or DUI, and "driving while intoxicated," or DWI. In some
states, the crime may be known as "operating while intoxicated, or
OWI, or "operating under the influence," or OUI. The names vary
according to how state laws refer to or define the crime. Whatever
the name, the state laws all have a common aim of punishing those
who drive while under the influence of alcohol or illegal drugs. A
drunk driving conviction carries with it serious and long-lasting
consequences: jail or prison time, a heavy fine, and suspension or
revocation of a driver's license. A person who is facing a drunk
driving charge should not hesitate to seek immediate legal counsel
from an experienced drunk driving defense attorney.
Drunk Driving (DUI):
Elements of the Offense
No matter what the name of the crime might be-DUI, DWI, OUI, or OWI-the
first element of the crime is "driving," or "operating," a motor
vehicle. This language is intended to describe the level of physical
control a person has over the motor vehicle. In many states,
operating or driving does not require that the vehicle actually be
in motion, or even that the engine be running. A person who is found
sitting behind the wheel of a car may be convicted of driving or
operating the car while under the influence. Courts have even
convicted people sitting behind the wheel of a car while it is being
towed. Passengers are seldom considered operators or drivers unless
they grab the steering wheel.
As used in the
drunk driving (DUI) laws, the term "vehicle" is defined more broadly
than just "motor vehicle."
Usually, a "vehicle" is defined as anything
that carries people or goods. A "motor
vehicle" is something powered by a motor or
engine. Either term can include cars,
trucks, even motorboats. Most laws draw a
distinction between inoperable vehicles and those that are only immobile-capable of
moving, but not moving at the time. Legal distinctions such as this
are one reason you need an experienced drunk driving defense
attorney to give your case the careful analysis needed.
Another element of a drunk driving (DUI) charge is the location of the
offense. Older drunk driving laws often included limiting phrases,
such as "on the public highways of the state." Many judges relied on
that language to conclude that the drunk driving laws did not apply
to someone driving on private property, including parking lots.
Modern laws, however, require only proof that the offense took place
within the boundaries of the state.
Proof of a Drunk Driving (DUI) Charge
Drunk driving (DUI) laws are intended to prevent the operation of a
powerful and potentially dangerous machine when the operator cannot
be in adequate control. Intoxication is shown in one of two ways:
(1) a blood alcohol level in excess of a certain amount, or (2)
proving that the driver or operator was impaired from the use of
alcohol or illegal drugs. The first method is the method preferred
by prosecutors. The proof does not rely on anyone's observation or
judgment of someone's behavior, but depends solely on the results of
a blood alcohol test. Laws often require a person who is suspected
of driving while drunk or using illegal drugs to give a sample of
his or her blood or breath for chemical testing purposes. These laws
are known as "implied consent" laws, because they provide that by
operating a motor vehicle, the driver has given his or her consent
to such a test. When a sample is taken, it is analyzed by a machine
to determine the concentration of alcohol in a person's blood. The
maximum blood alcohol level varies from state to state. For many
years, the most common maximum level was .10 percent, but most
states have now lowered the level to .08. Any driver or operator who
has a blood alcohol level over the legal limit is considered legally
intoxicated. The results of the test are usually considered
conclusive, and can be challenged only by showing that the test
failed for a reason such as faulty or malfunctioning test equipment,
improper sampling, faulty preservation of the sample, or (in the
case of a breath test) a foreign object in the mouth when the test
was conducted.
Impairment may also be proven by the facts and circumstances
surrounding the incident for which the driver was stopped or
arrested. These facts and circumstances include observations of the
driver by eyewitnesses, statements made by the driver or operator,
and circumstantial evidence (for example, evidence that a defendant
left a bar after being inside for several hours). The inquiry
focuses on whether the defendant's ability to drive was impaired.
Law enforcement officers have a number of standard tests for
impairment, done at the time a driver is stopped, known as "field
sobriety tests." These tests include walking a straight line by
placing one foot directly in front of the other, holding one's arms
straight out at the sides and touching the nose with closed eyes,
counting backwards, and reciting the alphabet. Other evidence of
impairment may include a law enforcement officer's observation of
the defendant's driving, which probably was the reason the driver
was stopped in the first place. Conduct such as driving too fast or
too slowly, weaving across lanes, and going through stop signs or
stoplights may be considered evidence of a driver's impairment.
Drivers often will tell an officer who stops them that they have
been drinking, how much they've had to drink, and when they had it.
Such statements may also be evidence of impairment.
Drunk Driving (DUI)
Penalties
In the last twenty years, the penalties for drunk driving have
become far more severe than they were in the past. First-time
offenders face potential jail time and fines, although often the
penalty for a first-time offense will be something less than jail
time in exchange for a guilty plea. Repeat offenders are usually
treated more harshly, with substantial fines and mandatory jail
sentences that may not be suspended or waived by the court. State
administrative regulations often call for the suspension or
revocation of a defendant's driver's license, in addition to any
criminal penalty. Defendants have sometimes
tried to make the argument that this
administrative suspension is double jeopardy prohibited by the U.S.
Constitution, but these arguments have never succeeded.
Conclusion
A drunk driving charge is a serious criminal charge. Most of us rely
on the ability to drive to do many everyday things, such as getting
to work, buying groceries, and transporting family members to
activities like lessons, medical appointments, and school. A person
who is charged with drunk driving stands an excellent chance of
losing his or her driving privileges either temporarily or
permanently, and also runs the risk of suffering more severe
consequences, such as a fine or a jail sentence. If you have been
accused of a drunk driving offense, contact an experienced drunk
driving defense attorney immediately. You cannot afford not to have
expert counsel on your side.
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