Consequences for first DUI/ DWI

Information may not be reliable

Driving while drunk is a serious offense in all 50 states. The laws for DUI/DWI have increased dramatically over the past several years and the penalties are severe even for a first offense. Mothers Against Drunk Driving and other advocacy groups have caused states to initiate harsher consequences for driving impaired.

Blood Alcohol Content

All states may have varying laws for first time DUI/DWI convictions. It should be noted, however, that the blood alcohol content (BAC) for conviction is now .08 in all states. This level is slashed in half for commercial drivers and is now .04 everywhere. Under the Zero Tolerance Act, the BAC for drivers under 21 is 0 percent. This means that minors under 21 can be arrested for DUI for any amount of alcohol present in the blood.

BAC is the percentage of alcohol by volume in a person's blood. A simple test with a hand-held breathalyzer can determine the level of alcohol in the suspected drunk driver's blood. Some states use the term DWI (driving while intoxicated) or OUI (operating under the influence). The current trend for most states is to use only the term DUI. This is because a driver can also be impaired by other substances besides alcohol. A person can even be convicted of driving under the influence of drugs prescribed to them.

Consent Laws

Most states have implemented implied consent laws. This means that upon being issued a license for the right to drive, the person has agreed to submit to BAC testing if suspected of driving under the influence of any substance. This includes driving erratically or driving unusually slow. If a person is stopped for any other reason, such as speeding or running a red light, an officer can request a breathalyzer if they detect the odor of alcohol on the driver. Refusing the test will mean automatic suspension of the driver's license for a period of time. The time of suspension will vary state by state.

In some states, officers can arrest those who refuse the breathalyzer. After informing the driver of the implied consent law, a state test can be ordered. The arrested person can then be given another type of test such as by blood or urine sample while being booked into jail.

Every person is considered innocent until proven guilty in a court of law. After being bonded out of jail, a court date will be set for the suspected offender. In court, the BAC of the driver is admissible evidence. No matter what state, the driver's privilege to drive will be suspended for some period, even for a first offense. There will be fines, court costs and probation to serve. Some states may require community service or even some jail time. In some states, the DUI penalty may be reduced if the first offender attends DUI School or undergoes a drug and alcohol evaluation.

A first DUI/DWI can threaten a person's way of life. Some may lose their jobs or have future jobs compromised. Hiring a Maryland criminal lawyer for a first-time arrest is highly advised.