Have You Been Drinking Tonight? An Overview of DUI and DWI Laws

Most states are beginning to impose harsh (if not harsher) penalties for those who drive while under the influence of alcohol, drugs, or narcotics, or who are legally intoxicated. The national statistics support severe penalties for this risky behavior.

In 1998 the National Highway Traffic Safety Administration (NHTSA) determined that alcohol played a part in roughly 39 percent of all fatal traffic accidents. Ten years later, most states have reacted to this startling figure and have made even a first offense a strongly punished crime.

An individual arrested for a DUI (driving under the influence) or a DWI (driving while intoxicated) will usually have their license suspended from several weeks to a full year, depending upon the state in which the offense was committed). Currently, 43 states can require a convicted driver to install an ignition interlock on their vehicle that is capable of taking a breath test for alcohol before unlocking the ignition, and 29 states have laws that can force a drunken driver to forfeit the vehicle they were driving when arrested.

The primary difference between a DUI and a DWI is the amount of alcohol in the blood stream. The levels vary from state to state, but a figure past the legal limit is required for a DWI arrest, though an individual who is not completely, legally, intoxicated can be removed from their vehicle for a DUI, for safety’s sake. Neither is acceptable on the road.

It is estimated that over 17,000 people lose their lives each year to drunken driving, and the federal and state governments are constantly working to develop stronger systems for the prevention of the crime. This includes making the total blood alcohol figure significantly lower, in order to charge more individuals with the crime and prevent them from repeating such careless behaviors in the future.

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