DWI – Driving While Intoxicated
For states to receive federal funding they must follow the guidelines set. That would mean DWI, or driving while intoxicated, would be a BAC of .08% which is the equivalent of two beers or less per hour. These set standards are applied to alcohol consumption.
There are times that people who are high on marijuana or other drugs also receive that charge. Most times though, those that have consumed drugs face DUI charges, or driving under the influence. That is actually the same charge people have to face who get caught driving after just sipping a beer, but who don’t reach the BAC of 0.08. Even though those are two different charges, they have the same fines, penalties, jail time, points and need the same amount of money to defend.
Some social drinkers are incredulous to find out these facts, when they drink once or twice a year. They are placed in the same class as those that have more serious drinking problems.
There are still some states that have the old federal guidelines in place, since they believe that the difference can be made up by a sales tax on alcoholic beverages. This can be anything from the drinks in a restaurant ordered with dinner to extra revenue from bars.
The laws basically don’t affect the heavy drinkers with higher BAC levels and that is why many of them just take their chances and drive off anyway. It is the borderline drinkers that usually choose to stay at home than go to a bar. There are many who believe that chasing after social drinkers is a waste of paid taxes and the real problem, which is the heavy drinker, are not being deterred in any way.
Most states have adopted the .08% BAC, and the lawyers can charge quite a bit of money to defend driving privileges. There are other expenses involved, such as SATOP, the mandatory safety program for drivers that drink, in order to get their license back from administrative suspension. The inconvenience of the automatic suspension that occurs before you are ever found GUILTY in court is additional expense and stays on your record for up to five years, in most states on your first offense.
A good lawyer may be necessary, if you find yourself charged. It used to be that you were innocent until proven guilty, but not in the case of DWI charges. In fact, if you don’t take a breathalyzer, you will probably find yourself without a driving license for a year and DWI guilty verdicts can get you up to six months on a first offense and up to five years in prison on your third offense. Many drug dealers don’t get that strict of a sentence.
For that reason alone it is a good idea to hire an attorney should you ever be in such a position. You wouldn’t want a drink with a meal to ruin your whole life and it is sad, but true, that some drug dealers don’t have to face as much trouble as someone who has an occasional drink. This is the result of stricter laws that are now enacted, because that is what the public demanded. This is because there are more accidents caused by drivers impaired by alcohol consumption and in response the number of crackdowns increased and more DWI charges are made.