Mineola Criminal Lawyer David L. Martin
Nassau County Criminal Lawyer

DUI / DWI / Drunk Driving Defense

A person is guilty of drunk driving when he or she drives or is in actual physical control of a motor vehicle and is under the influence of alcoholic beverages or any chemical or controlled substance to the extent that his or her mental faculties are impaired or when his or her blood alcohol level (BAC) is above the legal limit for the state.

Depending on what state in which you are charged, drunk driving offenses can also be known as any of the following:

• DUBAL - Driving with an Unlawful Blood Alcohol Level
• DUI - Driving Under the Influence
• DUII - Driving Under the Influence of an Intoxicant
• DUIL - Driving Under the Influence of Liquor
• DWAI - Driving While Ability Impaired
• DWI - abbreviation could be interpreted as Driving While Intoxicated or Driving While Impaired, depending on the state in which you were arrested
• DWUI - Driving While Under the Influence
• OMVI - Operating a Motor Vehicle While Intoxicated
• OUI - Operating Under the Influence
• OUIL - Operating a Vehicle Under the Influence of Liquor
• OUIN - Operating Under the Influence of Narcotics
• OWI - Operating While Intoxicated
• OWVI - Operating While Visibly Impaired
• UBAL - Unlawful Blood Alcohol Level

If a person drinks while boating, he or she could potentially be charged with Boating While Intoxicated (BWI), which carries similar consequences as driving offenses involving land-borne vehicles like a car, truck or motorcycle.

All offenses that involve the operation of a vehicle (whether the vehicle is land-borne or water-borne) while intoxicated are criminal law matters, which could potentially incur a felony conviction and possibly a prison sentence, depending on how serious the charges are. Whether you are charged with a misdemeanor or felony offense, you should contact a DUI defense attorney immediately if you are arrested.

Implied consent laws are the rights and responsibilities of drivers holding a state-issued drivers license. In particular, there is an implied consent to a blood, breath, or urine test for BAC. Violations of implied consent laws typically lead to automatic (administrative or court-ordered) suspension of driving privileges. For more information, consult a DUI lawyer.

In recent years, all 50 states and the District of Columbia have enacted a second, "per se", offense: driving with an excessive blood-alcohol concentration (typically .08%). BOTH offenses are charged, and you can even be convicted of both. But the driver under influence can only be punished for one.

In addition to DUI defense laws, most states also have an "open container law," which is the offense of having an "open container" of alcohol within the driver or passenger compartment of your vehicle. Open container laws prohibit the possession of any open alcoholic beverage container and the consumption of any alcoholic beverage within the driver and/or passenger area of a motor vehicle.

In addition to the criminal drunk driving charges brought against you, your state's department of motor vehicles can also take administrative action against you if you are arrested for drunk driving. Use the form on this page to find a LawInfo Lead Counsel qualified DUI defense lawyer in your area for more information about these actions and what you may be able to do to avoid these form happening.

• Administrative License Sanctions: This term refers to any sanctions legally imposed by state agencies without first requiring court orders. The exact scope, procedures, and limitations of administrative license sanction programs vary among states. In general, they are used to provide rapid, consistent treatment of offenders against the state's DUI defense laws or its DUI, DWS, DWR, and DWU laws. Typical administrative sanctions include license suspension, mandatory evaluation or treatment, fees, and education.
  
  
• DWS, DWR, and DWU: Driving While Suspended (DWS), Driving While Revoked (DWS) and Driving While unlicensed (DWU) denote the citation (a moving violation) and/or the license status of the driver at the time of a crash or other event.
  
  
• Administrative Per Se: This term describes the laws establishing an administrative process for dealing with violations of the maximum allowable blood alcohol content (BAC) for drunk drivers in a state. States with administrative per se laws also have a set of procedures in place for suspending the driving privileges of a person who violates the BAC limit without the need for a court trial—that is, the responsible state agency can suspend a driver for a BAC violation even if the court does not convict him or her on the corresponding drunk driving offense. Your DUI defense attorney can explain the DUI defense laws regarding Administrative Per Se to you in more de tail..
  
  
• Ignition Interlock: This is a device that renders a car inoperative unless one or more preconditions are met. In drunk driving de fence driver-control programs, the typical ignition interlock device requires the driver to give a breath sample which is then analyzed for the presence of alcohol. If there is alcohol present (above some minimum threshold value), the car will not start. Other variations are used to ensure that the drunk driver does not operate the vehicle, or is the only driver of a vehicle.

Because drunk driving laws are complex, you not only need to hire a lawyer, but one who specifically specializes in DUI defense. DUI defense lawyers know that some of the enforcement and judicial procedures are unconstitutional and violate motorists' rights. They are more well versed with the different sobriety tests and their varying accuracy levels. Don't give up your rights.

Kew Gardens Divorce Lawyer David L. Martin
Queens New York Divorce Lawyer