Each US state has its own set of drunk-driving laws, but there are certain concepts and features common to most states’ drunk-driving jurisprudence. Basically, it is illegal for a person to operate a motor vehicle after consuming alcohol and/or drugs to a degree that impairs his or her safe driving ability and judgment. Both criminal and civil penalties for drunk driving can be harsh and may include:
Suspension of license
Fines
Substance-abuse treatment
Mandatory jail or prison time on third offenses
Community service
Motor Vehicle criminal record
Ignition interlock devices
In addition, the social stigma and effect on your career may have lifelong negative consequences.
Terminology and Elements of the Offense of Drunk Driving
The criminal offense of drunk driving goes by a variety of names among the states, including:
Driving under the influence (DUI)
Driving while intoxicated (DWI)
Operating under the influence (OUI)
Operating while intoxicated (OWI)
Driving under the influence of intoxicants (DUII)
Driving while under the influence (DWUI)
In the language of the various state statutes, a drunk-driving conviction requires driving or operating a motor vehicle. While that sounds straightforward, a review of drunk-driving cases shows otherwise.
Driving Requirement
The requirement of driving or operating implies that the driver must have some sort of control or command of the vehicle. Guilt or acquittal may hang on whether the defendant was actually “driving” in a particular circumstance. What if he or she was just sitting behind the wheel of a car but it was off? What if the defendant was sleeping there? What if the keys were in the defendant’s pocket and not in the ignition? What if that car was out of gas and could not be started? What if it was idling? What if it was being towed? New Jersey courts have considered various scenarios to determine whether the necessary control over the vehicle was present and the outcomes vary by state and by the individual circumstances.
Vehicle Requirement
Cars, trucks and vans are obviously considered to be vehicles for drunk-driving law purposes. However, people have been convicted of drunk driving while operating motorboats, mopeds, dirt bikes, snowmobiles, electric wheelchairs, golf carts, and ATVs, although the types of vehicles contemplated differ by state.
Intoxication
One way prosecutors prove driver intoxication is through scientific testing of the amount of alcohol in the body, usually by analyzing the breath or blood. These breath tests are usually administered by machines, such as the Alcotest® or a Breathalyzer®. In every state, a person with a blood-alcohol concentration (BAC) over .08% is considered legally intoxicated.
Implied-consent laws create the legal presumption that if a person takes advantage of the privilege of driving, he or she automatically consents to state-administered chemical testing to determine his or her BAC. If a driver refuses to take a breath chemical-alcohol test, his or her drivers license may be revoked or suspended.
BAC test results over the legal limit are usually presumed to be proof of intoxication. However, defendants may challenge the conclusiveness of the results by showing irregularities in the test administration procedure or problems with the test equipment. He or she may be able to obtain exclusion of the original breath or blood test results from the case or even dismissal of the case entirely.
Other types of evidence used by prosecuting attorneys to show intoxication include drivers’ statements, witness and police observations of behavior and driving patterns and circumstantial evidence.
Police also gather important evidence of intoxication by administering standard field sobriety tests (FSTs) at the scenes of traffic stops. Common field sobriety tests include:
Finger-to-nose test
One-legged stand
Walk-and-turn test
Horizontal-gaze-nystagmus test
Bend over sway test
Counting backwards
Reciting the alphabet
Head back, eyes closed (rhomberg) test
Conclusion
Driving is the basis of the American lifestyle, permeating every activity we do. We rely on driving to get to work, to socialize, to run errands and to vacation. Licensed drivers transport children, people with disabilities and senior citizens to important appointments and activities. A drunk-driving conviction can bring significantly affect your life. If you face a potential problem with drunk driving, a DWI defense lawyer can fight for you and help protect your interests and those of your family and loved ones.
Levow & Associates
1415 Route 70 East Cherry Hill Plaza, Suite 200, Cherry Hill, NJ 08034
Phone: (856) 429-1735 NewJerseyDUIHotline@gmail.com
The information on this site is not intended to be used as personal legal counsel, nor is to be used as a substitution for legal representation. We recommend that you consult a licensed attorney in order to address your litigation needs.
The Levow & Associates offices are located in Cherry Hill, New Jersey, and represent people charged with DUI / DWI / DAI in the entire state of New Jersey.
