Drunk Driving

Because drunk driving shares a huge percentage of the causes of vehicular collisions on highways, it is criminally prohibited. Each state in the U.S. has its own laws against DUI or driving under the influence of alcohol and also drugs. A person found guilty to have been driving while can face an arrest, criminal prosecution, civil action and administrative suspension of license.

Procedure for Drunk Driving Arrest

When an officer is suspicious that a person is drunk driving, such as when the latter is driving erratically, he or she can order the driver to stop. The officer can ask the drunk driver to step out of the vehicle after observing the presence of intoxication as based on the list of DUI symptoms published by the National Highway Traffic Safety Administration. The officer typically administers a standardized field sobriety test from a simple horizontal gaze nystagmus test to a breath analyzer test.

Should the officer believe that there is probable reason to detain the driver for drunk driving, he or she can bring the latter to the police station. There, the driver can be tested for the alcohol concentration of his blood or urine. Should it exceed the maximum allowable blood alcohol content, the driver shall be detained until bails out; and charged with a criminal case for DUI and/or civil case for suspension of license.

DUI Criminal Offense

All jurisdictions in the U.S. prohibit drunk driving as a crime. It is treated as a misdemeanor, which is punishable with 1 year imprisonment in most states. However, the penalty can be higher if it already becomes a felony like when drunk driving involves other crimes such serious physical injury, death, extensive property damage or previously convicted of a DUI charge.

Administrative Suspension of Driver's License

Most states allow the automatic suspension of the drunk driver's license without hearing in the civil case. Such authority is made under the power of the Department of Motor Vehicles (DMV), which can initiate an administrative suspension of license for a fixed period, the length of such period varying across states.

DUI Help

Even a drunk driver has rights under the law. DUI information can be availed of online to search for a guide after a DUI accident. The best decision after one has been charged with DUI is to engage the services of a DUI lawyer. Such a lawyer can represent a client in both DUI civil and criminal proceedings. The client can be provided by the lawyer with appropriate DUI defense to absolve the former of the charge or at least mitigate the imposable penalty.