DWI Laws

DWI laws vary from state to state.  Every state in the US currently defines a breath alcohol content (BAC) of 0.08% or higher as criminal when operating a motor vehicle and will cite the driver for driving while intoxicated (DWI).  If the driver of a motor vehicle is under the age of 21, most jurisdictions practice a Zero Tolerance policy, set at 0.010% or 0.020% BAC.

The DWI laws in the state of Texas are different from the DWI laws in Arizona.  An attorney for a drunk driver in the state of New York may use a defense that would work for that driver in New York, but that defense may not even be considered by an DWI attorney in Atlanta.

Many states will site a driver for driving under the influence (DUI) for BAC levels as low as 0.05%.  Recent New Jersey DUI penalties would seem lenient compared to those in the state of Florida.  One Illinois drunk driving lawyer avoided jail time for his defendant altogether when the defendant pleaded guilty in a license suspension hearing for a third offense.

DWI laws in Ohio immediately refer the judge to the breath test results, which aren’t automatically permitted in court according to Texas DWI law.
In some states a person’s driver’s license may be taken away on the spot by the arresting officer if the driver refuses a breathalyzer test. This is referred to as administrative license suspension.

Drunk driving cases could be avoided if every educated driver would use the tools readily available to him or her.  Utilizing devices such as breathalyzers and the collective knowledge of the effects of alcohol on an individual can prevent a tragedy.

Remember, all DWI laws state that it is always safest when you do not drink and drive.

For more information on DWI laws, please refer to the DUI/DWI page.