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Laws related to driving under the influence of alcohol or drugs (DUI), also known as driving while intoxicated (DWI), vary from state to state. Most states have tough DWI laws because they want to discourage drunk driving, especially among underage drivers and because deaths in DWI-related accidents have continued to rise in recent years.

Blood Alcohol Level

In most states, a driver is considered intoxicated if his blood alcohol level is above .08. Police can test a driver's blood alcohol level by conducting a breathalyzer test, in which the suspect must blow into a blood alcohol meter. Underage drivers usually are not allowed to drive with any amount of alcohol in their blood, and in some states drivers may be required to have a lower blood alcohol level if they have a minor in the vehicle with them.

Consequences of DWI

The consequences of being convicted of DWI depend on how often the driver has been convicted of this offense within the past seven to 10 years. DWI convictions usually lead to jail time; the Department of Motor Vehicles also suspends the driver's license for a period of time. Second and third offenses lead to longer sentences than first offenses, and if a driver is convicted of DWI more than three times in a seven or 10 year period, the driver may lose his license permanently. Drivers may also have to make financial restitution to victims if they were involved in an accident while under the influence of alcohol or drugs.

Per Se Consequences

Many states impose "per se" consequences, meaning that if a driver is charged with driving while intoxicated, the DMV immediately suspends his license. The suspension can be overturned if the driver is acquitted of the accusation after trial. Drivers should also be aware that in many states, refusing to submit to a breathalyzer or other blood alcohol test is considered an automatic admission of guilt; the driver will be charged with DWI and the DMV will suspend his license.

What to Do

If a driver is charged with DWI, he should contact his lawyer immediately. Attorneys have specialized knowledge of the DWI laws in a given state and can more successfully defend a driver against DWI charges or get a sentence reduced than a driver can on his own. The driver should not drive unless he gets a temporary license or notice of reinstatement of license from the DMV, as driving on a suspended license is considered a serious crime in most states.

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Related Questions

Will you get your drivers licenses suspended if you get a DWI?

Yes, a person will get a suspended drivers license with DWI in any state.


Can you pilot an airplane with a suspended drivers license?

If the drivers license was suspended for a DUI or DWI no.


What are the repercussions of a DWI offense?

For the first offence of a DWI, the drivers license to drive is revoked for one year. For a drivers second offence the drivers license is revoked for two years. If the DWI resulted in bodily injury of a third party or death of a third party the license will be revoked for two and five years, respectively.


What percentage of American drivers have received a DUI or OUI or DWI?

18


Will they suspend your drivers licence a after dwi?

It's hard to imagine a situation where you didn't face suspension or restriction on your driver's license after a DWI, unless the DWI is dismissed entirely. If it is your first DWI/DUI it's more likely that you can get probation and hold on to your license.


What state can move to to get a drivers license after being revoked for dwi in NJ?

None


How long does a DWI stay in your record in New Mexico?

DWI will always remain on your drivers record. Your drivers record doesn't ever "go away." It is a permanent record of your driving from the first day that you were issued your first license.


What are new laws for dwi punishment?

The laws for DWI punishment does vary from state to state. These laws also vary depending on what country you are inquiring about. There is a great site called duipenalties and you can find the particular punishments by state on this site. It is very informative.


How long does a DWI stay on your driving record in Iowa?

Forever. That's why it is called your Drivers HISTORY.


Can you get a CDL after one DWI?

Yes, you can get your CDL after a DWI. A lot of bigger trucking companies will not hire you for 3 yrs or more because there insurance carrier wont insure DWI drivers because of the risk. I recently got a DWI in my personal vehicle, I have my CDL. My license is suspended for 6 months-I get conditional license (class d,a normal license), my cdl license is revoked for 1 yr which I will then be able to apply to the DMV to get my CDL back. Good Luck. Go to CRST Van Expedited if you want a company to pay for you to get your CDL. You stay with them for 8 months and you dont have to pay for your cdl schooling. Your DWI must have happened at least 3 yrs ago to work at that company. If its a recent DWI try applying at smaller local companies in you area-they might be more likely to hire you. I'm out of New York..all state laws vary-so you might luck out better in your state. Dont get a DWI with a CDL, dwi convictoins with a cdl are a lot more strict (even in your own car-i lost my job over my dwi) and BAC (blood alcohol level .08) is much lower(.04 in truck). Good luck to you.


If you have a commercial drivers license with a 2nd DWI pending but on the first DWI your CDL was not suspended what will be the penalty for 2nd DWI?

If you can't figure out not to do that, you don't need to be out in here in a big truck. Your CDL will most likely be suspended this time around.. and for good reason.


What year did DWI laws start?

DWI laws in the United States began in the early 20th century, with New York passing the first law in 1910. Over the years, these laws have been expanded and strengthened to address the dangers of impaired driving.