About 30 people in the United States are killed in an alcohol-related car accidents every day. That works up to almost one death every 50 minutes. In the meantime, the annual cost of these disasters has surpassed $44 billion. You might face harsh legal consequences if you were driving while drunk (DWI).
Driving while intoxicated is one of the “easiest” offenses for which the average individual may be arrested (DWI). The State has to prove with substantial evidence that you committed the crime “intentionally or deliberately” in practically every criminal allegation.
That is not the case with DWI! You might be prosecuted and incarcerated for DWI if the officer who stops you only forms the “opinion” that you have lost the normal use of your physical or mental faculties due to your ingestion of alcohol or drugs.
This article is not intended to minimize the dangers of intoxicated drivers, who pose an obvious hazard to us as we drive to work, school, and home with our families and friends. It’s designed to make you aware of the hazards of drinking and driving. Raleigh DWI attorney can help you guide through the nitty-gritty of DWI cases. We’ll go through a handful of the most frequently asked questions about DWI.
Understanding the Difference Between DWI And DUI
There is a proper differentiation to be made between “driving while intoxicated” and “driving under the influence (DUI), which applies only to minors. Because the actual legal drinking age is 21, there is a zero-tolerance policy for anyone under 21 who drives after consuming alcohol.
The mere presence of alcohol on a minor’s breath is enough for them to be charged with DUI. That is essentially a “Class C” ticket offense, except the penalty will include a fine, alcohol classes, community service, and a suspension of your driver’s license.
DWI, on the contrary, is an arrestable offense that can result in penalties ranging from 72 hours in jail to prison time for felony offenders, based on the degree of alcohol content in the body or the number of previous DWI convictions. The State must demonstrate that you drove or operated a motorized vehicle in a public area while intoxicated to be convicted of a DWI. A knowledgeable and experienced Raleigh DWI Lawyer understands the current laws, regulations, standards, and precedents related to DUI cases.
Legal Perspective of Intoxication
The law defines intoxication as a person’s “lack of normal use of bodily or mental abilities.” Frequently, this decision is based only on the officer’s judgment at the time of the arrest. There is no legal definition of “drunk,” “stoned,” “buzzed,” or any other term used to describe someone who has ingested alcohol or narcotics, and they cannot be used interchangeably.
A blood alcohol concentration (BAC) of.08 indicates intoxication. The categorical legal blood alcohol concentration (BAC) level is 0.08 grams of alcohol per 210 liters of breath or 100 milliliters concentration of blood. 02 BAC once absorbed into your bloodstream. In everyday language, one beer, glass of wine, or a shot of alcohol is about comparable. So, regardless of how in control of your faculties you are, the sheer drinking and absorption of four (4) beers could be legally sufficient to produce you to be found guilty of DWI.
Steps To Follow After Stop For DWI
That is a typical question, and the answer is always dependent on the situation’s specifics. Every person has the legal right to refuse any tests offered or requested by the police throughout their DWI investigation. If you are pulled over by an officer of the law on suspicion of driving while intoxicated, there are a few critical points to stick in mind throughout your encounter.
First and foremost, if an officer suspects you of drinking, one of the first questions they will inquire you is, “Have you been drinking this evening?” You are not obligated to answer any incriminating questions the officer offers as a general rule. Always be courteous and tell the officer that you’d like to talk with an attorney before answering any questions.
You also have the fundamental right to decline to answer any questions about your alcohol usage, such as how much you drank, where you drank it, what type of alcohol you drank, when you last drank, etc. It’s vital to understand that everything the officer is asking for in this inquiry is an attempt to get proof from you that you’re drunk.
So, if you have any doubts that you are on the verge of losing your mental or physical faculties, it is typically recommended that you decline all tests and answers to all inquiries. No matter what you do, if the officer suspects you are intoxicated, you will be arrested!
Be aware that most cops’ body and video cameras record you the entire time they are in touch with you. Everything you utter and do is being analyzed and recorded and will be used against you in the future. That implies that the jury will create its own conclusion about your intoxication based on their observations of you and their listening to what you say and how you say it.
Events After Arrest
Following your arrest, you will be booked and legally charged with DWI. The severity of the penalty is determined by the number of arrests and the circumstances surrounding each arrest. A DWI combined with a serious injury or death, for example, is a felony that usually leads to prison time. Aside from that, practically every other DWI conviction is a probation case. Misdemeanors are usually sentenced to one to two years of probation. Probation for felonies can last up to ten years.
Many of the same conditions will apply to you while on probation after being convicted. Imagine being told that you are not allowed to drink alcoholic beverages for the next two, three, or four years — that concept alone would drive most people to drink!
When you factor in the cost of an attorney, court charges, probation fees, probation condition fines and expenses, lost work time, higher insurance premiums, and other factors, your first DWI arrest could easily cost you $10,000 to $20,000.
