How does the law determine DWI?

Driving While Intoxicated or driving while being drunk is considered a serious offense in every state of the US. Being drunk while driving to such an extent that the mental and motor skills get impaired is illegal in all jurisdictions.

General View of DWI:

The law looks into the matter very seriously and if one is found driving erratically or violating traffic laws, he can be stopped and questioned for a DWI violation by the police. Various tests are done to find out the certainty.

Tests to find the BAC:

If it is found that the Blood Alcohol Content or BAC has exceeded 0.10%, then one’s life is at stake. Breathalyzer is another test conducted by the police to find if someone is drunk. Refusal to take the test can lead to an automatic suspension of license for a long period of time that ranges from six months to a year.

The Zero Tolerance Law:

In all the states of the US, a ‘per se’ blood or breath alcohol level has been assigned as the threshold point for every independent criminal offense. There is a legal limit for commercial drivers in the U.S. It is set at 0.04% per se. Drivers under the age of 21 are more strictly controlled. It is commonly 0.01-0.02%. These are often referred to as “Zero Tolerance” laws. Serious penalties like jail, heavy fines, longer DUI program, the installation of ignition interlock, are all applied to the drivers who have BAC of over 0.20%, or 0.15 in some places.

Restrictions for Pilots and Crewmembers:

Drivers are not the only ones prohibited to drive under DWI, but pilots are also forbidden to fly aircrafts with an alcohol level of 0.04% or more, within eight hours of consuming alcohol, and if they are under the impairing influence of any drug. The Federal Air Regulation 91.17 has imposed these regulations on pilots and the crewmembers. Commercial pilots, if found violating the laws, are fired or are forced to resign. They may also lose their pilot certificates and are subjected to criminal prosecution under Federal or State laws.

Penalties:

The punishment or penalties for driving while being drunk include suspension of driving privileges, negative points on the driver’s license, and fine. Serious accidents or crimes can also lead to imprisonment. Drunken conviction also increases the automobile insurance premiums dramatically.

Driving While Intoxicated is an on going societal problem and is considered as a serious crime. Tests to find the blood alcohol content are carried out to find whether a person is guilty or not. The Zero Tolerance Law also provides very little option for the drivers under the age of 21. Penalties and punishments are an obligation for DWI.