Depending on what state you are in, you may be charged with a DUI, a DWI, an OVI, or a variety of other crimes. All of them refer to operating a vehicle while under the influence of alcohol at an illegal level. There are many names for the DUI and there are certain stipulations placed on each. The first DUI laws were passed in New York in 1910 only 10 years after the mass production of the automobile. California followed suit shortly after. At the time, level of intoxication did not matter and men and women could be charged with driving under the influence if they simply appeared to be incapacitated. In the 1930’s and 1940’s, after probation was lifted, men and women were allowed to drive and drink as long as their BAC was below 0.15%. This is almost twice the current federal limit.
The introduction of Mothers Against Drunk Driving (MADD) then brought on new rules and caused the federal government to raise the age for drinking and driving and lower the BAC levels permitted. There are five common acronyms that are used to describe operating a vehicle while intoxicated. Most commonly, this crime is referred to as a DUI (Driving Under the Influence.) There are also times that it is called a DWI (Driving While Intoxicated.) In some states, people can be charged with an OMVI (Operating a Motor Vehicle While Intoxicated.) There are also time it is called an OWI (Operating While Intoxicated) or an OUI (Operating Under the Influence.) While all of these crimes mean essentially the same thing, there are often slight differentiations.
For example, operating a vehicle under the influence of alcohol l may entail sitting in an idling vehicle that is not currently moving. In some states, the police can issue charges and arrest an individual who is merely sleeping in a running vehicle and appears intoxicated, or a person who is sitting in the vehicle on the phone but seems to be under the influence of alcohol. There are typically two charged per DUI. One is the actual DUI charge, or the “standard DUI” and the other is the DUI Per Se charge. The good news is that any driver convicted of both of these crimes will typically only sentenced for one of them.
A standard DUI charge involves a charge for operating the car and being under the influence of alcohol. You must have a BAC above 0.08% to receive this charge as determined by a blood test or breath test. In some states you can receive a DUI charge even if your BAC is not that high if the police can prove that you were under the influence to a degree which made you an unsafe driver. Many times you will never truly understand the implication of these charges until you have been taken to court. A "DUI Per Se" is a DUI when the driver is accused of driving with a BAC above 0.08% but the alcohol has not had any effect on you. While some drivers are light drinkers, others need to drink significantly more than this to become intoxicated. If you do not appear to be under the influence, you may be pardoned in this regard.
No matter what a DUI is called, it involves a few common characteristics. In order to be charged, you must operate a vehicle. This can be a golf cart, a tractor, a bicycle, and in some states even a horse or a skateboard. While most DUIs take place in cars, trucks, or on motorcycles, there are times that a driver can be on a boat or driving a go-cart and still be charged with a crime. Depending on what state you are in you will be prosecuted based on certain DUI standards that are in that state penal code. This may mean that you can be prosecuted for a DUI when the car is not in motion in one state, but not in another. It is highly suggested that you review the specific standards that pertain to your state or talk to a local DUI lawyer if you want clarity on this issue.
In some states, you cannot be charged for a DUI unless you are on a public roadway, but in other states this statute does not apply. There are also states where you do not need to be in the car in order to obtain a DUI. If you want more information on the DUI laws in your state or the definition of driving under the influence in your jurisdiction, you should talk to a local lawyer. With the right attorney on your side, you will be able to argue against the charges you have been issued and may be able to avoid jail time or excessive fines. Talk to an attorney today for more information!