| Driving While Intoxicated (DWI) is the title | | | | test. This often involves the driver to |
| of classification used to identify a drunk | | | | successfully complete a series of tasks that |
| driving within the overall category known as | | | | the agent has requested. Examples of tests an |
| Driving Under the Influence (DUI). Operating | | | | agent may request are: walking heel to toe in |
| Under the Influence (OUI) and Operating a | | | | a straight line, recitation of the alphabet |
| Motor Vehicle Intoxicated (OMVI) are the two | | | | backwards, and horizontal gaze nystagmus |
| other titles that fall within the DUI | | | | test. It is uncommon to find an agent |
| category. While laws specific to DWI do vary | | | | performing just a field sobriety test in a |
| from state to state, a driver is generally in | | | | situation involving a suspected DWI. |
| violation of DWI laws if they are unable to | | | | |
| safely operate their vehicle due to | | | | All drivers have essentially agreed to |
| intoxication. Intoxication is determined | | | | implied consent laws by registering for their |
| through set standards for Blood-Alcohol | | | | driver's license. What this means for a |
| Concentration (BAC), Field Sobriety, and | | | | driver involved in a possible DWI suspicion |
| Implied Consent Laws. | | | | is that they are required to submit to a |
| | | | requested for of chemical testing when the |
| After being stopped by a law enforcement | | | | DWI accusations have been levied. If the |
| agent for suspected DWI, it is up to the | | | | driver refuses to submit to chemical testing |
| agents discretion on how they will determine | | | | they will be heavily penalized as refusal |
| whether you are intoxicated enough to | | | | carries harsher punishment than failure of |
| classify as DWI. Chemical tests involving the | | | | the specific test or even amplify the |
| use of a Breathalyzer device allow the law | | | | penalties if the DWI conviction occurs. At a |
| enforcement agent to determine whether or not | | | | minimum, those refusing such tests will have |
| your BAC is above or below the legal limit | | | | their license suspended for six months to one |
| for the state you are currently in. As stated | | | | year. |
| before, many factors depend on the state the | | | | |
| offense has taken place in. Some states have | | | | At the time when a Driving While Intoxicated |
| "per se" laws that allow for a breathalyzer | | | | case makes its way to a court of law, the |
| returning results of a BAC at or above the | | | | arresting law enforcement agent will provide |
| state limit to be enough evidence to | | | | an eye witness account of your actions while |
| determining that you are intoxicated. | | | | driving before you had been pulled over. This |
| Nationwide, Zero Tolerance laws have been | | | | information coupled with the negative results |
| passed that have a similar standpoint, | | | | from any of the standards set above will |
| however these pertain to those under the | | | | often result in a conviction for DWI. While |
| legal drinking age of 21 if their | | | | it is never wise to drunk drive, each state |
| breathalyzer results are .02 BAC or higher, | | | | does have their own specific standards that |
| and can even be considered anything higher | | | | you should be fully aware of before getting |
| than 0.0 BAC depending on the state. | | | | behind the wheel of a car if you have even |
| | | | had one drink. It is your responsibility as a |
| If the "per se" laws do not apply in the | | | | driver to know the laws pertaining to the |
| specific situation, the law enforcement agent | | | | road, especially when impairment may be |
| may determine DWI through a field sobriety | | | | involved. |