What Happens When You Get Stopped For Drinking While Driving?

If you are stopped by a police officer for driving while drinking (commonly known as driving while intoxicated - "DWI" or driving under the influence - "DUI". you will find that it is a serious offense in every one of the fifty states. Getting stopped for DUI will have consequences which will vary depending upon which state you live in and which state you're pulled over in.

All 50 states have laws on the books which specify that a blood alcohol content (BAC) of .08 percent or higher is a crime under the laws of the state. However, some states have chosen to enact zero tolerance laws for drivers who are underage. Some states also have BAC laws which provide for higher penalties if the BAC is .16 or higher.

If you are stopped by a police officer for drunk driving, or even for some other reason and the officer has reasonable cause to suspect you have been drinking, the officer can require you to submit to a field sobriety test to check your BAC level. The sobriety test can check blood, urine or breath for BAC levels. In addition, most states have laws enacted which require you to take the test or face license suspension and/or fine. Some of these penalties can be placed on the spot. In other words, if you refuse to take a BAC test, the officer can suspend your license, leaving you with a car which may be towed or impounded.

In most states, if you refuse to submit to the BAC test, or if you take the test and your blood alcohol content is greater than the state limit, you will almost certainly be taken into police custody. You will be transported to a police station where you will remain until someone arrives to collect you. Your driver's license can be suspended temporarily, your vehicle can temporarily impounded.

Generally, the next step is an appearance before a judge. The finding by the judge almost always based only on the refusal to take the test, or on the blood alcohol level. A conviction will usually mean one or more of the following fines and penalties: fines, taxes, license suspension, participation in a drunk driver education course; community service, and parole.

You may be forced to take a drug or alcohol treatment program, and may have to petition to get your license returned. If you have a previous DWI on your record, you will almost certainly receive higher fines or penalties.

It's important to know and understand the laws in your home state regarding driving while intoxicated. If you have been arrested for drunk driving, an attorney can help you get through the process. Some attorneys specialize in DUI cases and know the system. Most attorneys will provide one free consultation for you. You can choose a DWI specialist in your area by checking the telephone directory, or you can search online to find an attorney who is knowledgeable in the applicable laws.

Of course, you know the smartest thing is not to drive when you have been drinking. It is easy to avoid all the trouble and embarrassment of being arrested and going to court, not to mention saving yourself a lot of money.