Every year, thousands of people are hurt and even killed in car accidents caused by drunk drivers. That’s why it is important to understand what a DUI (Driving Under the Influence) or DWI (driving while impaired) arrest means if you are ever pulled over and arrested for driving under the influence.
This article will explore everything you need to know about DUI/DWI arrests, including how police identify drunk drivers, the consequences of a DUI/DWI arrest, what happens if you fail a sobriety test, and ways to reduce your risk of getting arrested for drunk driving.
What does a DUI/DWI arrest mean?
A DUI/DWI arrest means that the police have enough evidence to arrest you for driving under the influence. This means that you were driving while intoxicated (a blood alcohol content of .08% or higher), and a police officer believes you were impaired while driving.
If you fail a sobriety test and are arrested, then you will be charged with a DUI/DWI. Otherwise, if you refuse to take a sobriety test, and the police don’t have sufficient evidence to arrest you, then you will be issued a “DUI warning.”
And if you are arrested for a DUI, then you will be taken to the police station, where you will be required to submit to either a breathalyzer test or a blood test. If you fail the breathalyzer test, or if the blood test shows you have a BAC of .08% or higher, then you will be charged with a DUI. At this point it would be best for you to hire a criminal defense lawyer to make sure your situation doesn’t get any worse.
How do police identify drunk drivers?
When it comes to identifying drunk drivers, police use a variety of methods. Police officers will look for signs and symptoms of being drunk, such as poor driving and swerving, as well as smell and breath for signs of alcohol.
Police can also use a breathalyzer machine to measure your blood alcohol content (BAC). Driving while intoxicated (DWI) and Driving under the influence (DUI) are two different types of charges. An intoxicated driving charge refers to driving under the influence of any substance, including illegal drugs or prescription medication.
A DUI charge, on the other hand, refers exclusively to driving under the influence of alcohol. Breathalyzer testing involves a police officer attaching a device to your mouth to measure the amount of alcohol in your breath. Breathalyzer testing is considered the most accurate way to measure BAC.
Penalties for a drunk driving arrest
If you are arrested for driving under the influence or DUI, then you can expect serious penalties as part of your sentence. Depending on the state in which you were arrested, the consequences of a DUI arrest can vary widely.
However, most states impose some variations of the following penalties. In addition to criminal penalties, those arrested for DUI can also expect to face a variety of administrative consequences. These can include fines, license suspension, and even ignition interlock requirements.
What happens if you fail a sobriety test?
If you fail a sobriety test, then you are likely in serious trouble. Most states impose harsher penalties on those arrested for driving under the influence who also failed a sobriety test. In addition, failing a sobriety test can also lead to a false positive for a BAC test.
This means that even if you are not under the influence, you might still test positive on a Breathalyzer machine. If you are not intoxicated, then failing a sobriety test can be very problematic. You should definitely consider hiring an experienced DUI attorney to help you through the process if this happens to you.
Tips to avoid getting arrested for drunk driving
Here are some tips to avoid getting arrested for drunk driving.
- Don’t drive if you are intoxicated. This seems like a no-brainer, but many people make this mistake every year.
- Avoid bars and drinking environments where you know the crowds will be heavy on the alcohol.
- Always have a sober driver ready and available to drive you home.
- Always use a designated driver service like Uber or Lyft. These are just a few ways to avoid getting arrested for drunk driving.
Even if you follow all these tips, however, you can’t control how the other people on the road behave. Therefore, it is important to always be on alert and ready to take action in case of an emergency.
Conclusion
DUI and DWI arrests are a serious matter. If you are ever pulled over for driving under the influence, it is important to understand the consequences of a DUI/DWI arrest and how you can avoid arrest. If you are drunk and driving, you risk injuring yourself and others.
If a police officer catches you, you risk arrest, fines, and even jail time. If you are ever unsure if you are sober enough to drive, find another way home. The way you drive can also affect your car insurance rates. Be smart, don’t drink and drive, and always drive safely!
