Driving under the influence: Difference between revisions

Revision as of 19:45, 27 April 2007

Revision as of 22:22, 27 April 2007

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{{main|Drunk driving (United States)}}

All 50 states now have two statutory offenses<ref>[http://www.madd.org/Laws/fullstate Alcohol-Related Laws: Full Report by State]</ref>. The first is the traditional offense, variously called ''driving under the influence of alcohol'' (DUI), ''driving while intoxicated/impaired'' (DWI) or ''operating while intoxicated/impaired'' (OWI). The second and more recent is the so-called [[illegal per se]] offense of driving with a blood-alcohol concentration (BAC) of 0.08% (previously 0.10%) or higher. The first offense requires proof of intoxication, although evidence of BAC is admissible as rebuttably [[presumptive evidence]] of that intoxication; the second requires only proof of BAC at the time of being in physical control of a motor vehicle. An accused may be convicted of both offenses, but may only be punished for one. According to [http://www.Novakazlaw.com] some states such as Arizona includes a third offense of driving with a blood-alcohol concentration (BAC) of 0.15% (previously 0.18%) or higher. Also referred to as an extreme DUI offense.[http://www.azduilaws.com]

It is also a criminal offense in all states to drive a vehicle while under the influence of drugs ([[DUID]]), or under the combined influence of alcohol and drugs; the drugs themselves need not be illegal, but can be prescription or even over-the-counter. This offense requires evidence of impairment as a result of the drugs or drugs and alcohol, although some states have passed laws making driving with the mere presence of certain drugs a criminal offense.