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