Drunk Driving

For the most part, DUl or DWI are synonymous terms that represent the criminal offense of operating (or in some jurisdictions merely being in physical control of) a motor vehicle while being under the influence of alcohol, drugs or a combination of both. All states in the U.S. designate a per se blood or breath alcohol level as the threshold point for an independent criminal offense. A second criminal offense of driving “under the influence” or “while impaired” is also usually charged in most states, with a permissive presumption of guilt where the person’s BAC is 0.08% or greater (units of milligrams per deciliter, representing 8 g of alcohol in 10 liters of blood). me states (e.g., Colorado) include a lesser charge, sometimes referred to as driving while ability impaired at may apply to individuals with a 0.05% or above, but less than the 0.08% per se limit for the more serious charge. Wisconsin, however, is the only state that continues to regard first offense drunk driving arrests as a forfeiture. The amount of alcohol intake to reach a BAC of 0.08% may vary with the individual’s body composition and state of health. Prior to increased emphasis on drinking and driving in the 1980s, standards of 0.10%-0.15% were in place. The legal limit for commercial drivers in New York is set at 0.04%.

Reasonable Suspicion To Stop

There are several situations in which the officer will come into contact with a driver, some examples are:
The driver has been involved in an automobile accident, the officer has responded to the scene and is conducting an investigation.
The driver has been stopped at a sobriety checkpoint (also known as roadblocks).
The police have received a report, possibly from an onymous citizen, that a described car has been driving erratically. The officer should verify the erratic driving fore pulling the driver over. In some cases, the driver I no longer be in the vehicle.

The officer on patrol has observed erratic, suspicious driving, or a series of traffic infractions indicating the possibility that the driver may be impaired. This is by far the most common reason for stopping a suspect.

A police officer has stopped a vehicle for a lesser traffic offense, notices the signs of intoxication, and begins the DUl investigation.

The following list of DUl symptoms, from a publication issued by the National Highway Traffic Safety Administration (DOT HS-805-711), is widely used in training officers to detect drunk drivers. After each symptom is a percentage figure which, according to NHTSA , indicates the statistical chances through research , that a driver is over the legal limit .