Driving while intoxicated (DWI) is a serious offense that can have significant legal and personal repercussions. As such, it is important to be well informed on the laws and facts surrounding such an act. Here are some key facts about DWI:
Definition of DWI
Contents
DWI is defined as the act of operating a vehicle while under the influence of alcohol or drugs or having a blood alcohol concentration (BAC) of 0.08 or higher for most drivers over 21 years of age in the United States. Underage drivers may be charged with DWI at lower levels of BAC depending on their state’s laws.
DWI is a criminal offense in all 50 U.S. states. The penalty for a first offense can include fines, possible jail time, suspension of license, or court-mandated participation in education or rehabilitation programs. Multiple offenses can lead to more serious penalties, including mandatory jail sentences and longer suspension of driver’s licenses. In some cases, the courts may require the installation of an ignition interlock system on the offender’s car which requires the driver to take a sobriety test before they can turn on the car.
Subsequent DWIs may also be considered felonies, depending on the severity of the offense and the number of prior offenses committed by the individual. Furthermore, those convicted of DWI can expect to receive higher insurance premiums and have their car impounded if they are found guilty. The law also looks very unfavorably at repeat offenders and those convicted can expect to spend time in jail or prison along with long-lasting effects on their personal, professional, and financial lives.
Drunk Driving Statistics
The sobering statistics cannot be ignored: according to the National Highway Traffic Safety Administration (NHTSA), 10,142 people died in alcohol-related accidents in 2019. The Centers for Disease Control and Prevention (CDC) have identified that 30 deaths per day are caused by drunk driving – a death every 50 minutes. To put the issue into perspective, this is almost six times higher than the number of annual lightning strike fatalities (26).
The most current data on drunk driving fatalities by the state is from the National Highway Traffic Safety Administration (NHTSA) and covers the year 2019. Here is a table showing the number of alcohol-impaired driving fatalities by state:
| State | Alcohol-Impaired Driving Fatalities |
|---|---|
| Alabama | 190 |
| Alaska | 20 |
| Arizona | 232 |
| Arkansas | 85 |
| California | 1,052 |
| Colorado | 147 |
| Connecticut | 75 |
| Delaware | 31 |
| District of Columbia | 4 |
| Florida | 814 |
| Georgia | 368 |
| Hawaii | 32 |
| Idaho | 46 |
| Illinois | 292 |
| Indiana | 170 |
| Iowa | 79 |
| Kansas | 95 |
| Kentucky | 159 |
| Louisiana | 238 |
| Maine | 26 |
| Maryland | 134 |
| Massachusetts | 106 |
| Michigan | 266 |
| Minnesota | 84 |
| Mississippi | 98 |
| Missouri | 246 |
| Montana | 48 |
| Nebraska | 52 |
| Nevada | 97 |
| New Hampshire | 32 |
| New Jersey | 135 |
| New Mexico | 107 |
| New York | 303 |
| North Carolina | 358 |
| North Dakota | 19 |
| Ohio | 304 |
| Oklahoma | 161 |
| Oregon | 96 |
| Pennsylvania | 318 |
| Rhode Island | 13 |
| South Carolina | 331 |
| South Dakota | 27 |
| Tennessee | 217 |
| Texas | 940 |
| Utah | 31 |
| Vermont | 12 |
| Virginia | 278 |
| Washington | 144 |
| West Virginia | 73 |
| Wisconsin | 158 |
| Wyoming | 25 |
It’s important to note that these numbers represent the fatalities caused by alcohol-impaired driving, which includes both drivers with a blood alcohol concentration (BAC) of 0.08% or higher and other factors, such as driving under the influence of drugs or medication. The data provided is based on the NHTSA’s Fatality Analysis Reporting System (FARS), which is a national census of fatal motor vehicle crashes in the United States.
Consequences for DWI
Driving Under the Influence (DWI) is a serious offense that carries severe consequences. Depending on the severity of the offense, and the jurisdiction in which it was committed, one’s sentence could range from a fine to a prison sentence.
In every region of the United States, DWI offenses are punishable by fines, court-mandated treatment or prevention programs, license suspensions, community service, and/or imprisonment. Fines for DWI commonly range from $500 to over $10,000 depending upon the gravity of the offense and any prior offenses. In addition to paying fines, the court may order jail time ranging from 14 days to several years.
A suspended driver’s license is an additional penalty usually imposed, typically lasting anywhere from six months to two years. This can make it difficult – sometimes even impossible – for individuals to continue their jobs if they require them to drive. Those unable to afford alternative forms of transportation during this period face daunting roadblocks in terms of employment and day-to-day travel.
It’s also possible that the individual charged with a DWI offense will be assigned community service hours or ordered to participate in treatment or prevention programs such as Alcoholics Anonymous or drug education classes. These activities are used to help individuals gain insight into their behavior and develop strategies for avoiding future offenses.
Additionally, DWI violations can stay on one’s permanent record for up to 10 years, making it difficult for an offender to rebuild his or her life due to being forever linked to the crime. This can adversely affect multiple aspects of an individual’s life, including employment opportunities and financial institutions that conduct regular background checks on applicants.
Zero Tolerance Law
Many states have implemented zero-tolerance laws for drivers under 21 years of age. This means that any amount of alcohol detected in their system while driving will result in legal penalties.
Zero-tolerance laws have been implemented in the United States for decades, and their popularity has grown in recent years. These laws are designed to provide swift, sure punishment for certain offenses, usually related to alcohol or drugs. The idea behind them is that by imposing harsher penalties on those found guilty of violating a particular law, there will be a greater deterrent effect – people will be less likely to commit such an offense in the first place.
However, zero-tolerance laws also have their critics. Some point out that these laws can often result in disproportionately harsh punishments for minor infractions, or can create situations where people are unfairly punished for mistakes due to a lack of knowledge or understanding. Additionally, research suggests that strict punishment policies do not necessarily lead to decreased crime rates – rather, they may lead to more serious offenses being committed because those found guilty feel they have no other option.
Thus, while zero-tolerance laws can act as a useful tool in combating certain forms of criminal activity, they should not be viewed as a panacea and must be used with appropriate discretion and judiciousness. In particular, it is important to ensure that any punishments imposed as part of a zero-tolerance policy are both fair and consistent with the crime committed. Furthermore, authorities should consider additional measures to address the root causes of crime in order to achieve lasting changes in behavior and reduce overall levels of criminal activity.
Implied Consent Law
All 50 states have Implied Consent Laws in place, which means that all drivers legally consent to chemical tests when suspected of drunk driving. Refusal to take such tests can result in additional penalties.
The concept of implied consent is a cornerstone of legal systems around the world, yet many people are still unfamiliar with its implications. Put simply, implied consent is the concept that, when someone takes part in a certain action or activity, they have automatically provided their consent to all related actions and activities that are necessary for such activity to occur. For example, when you purchase an item online, you are providing your ‘implied consent’ to provide your credit card details upon checkout.
In the area of law, implied consent is particularly relevant as it relates to pressing charges against perpetrators who have committed criminal acts. In most jurisdictions, any person who willingly participates in an activity under false pretenses can be assumed to have given their implied consent to face prosecution if they are caught engaging in such activity. This means that any agreement made between two parties carries the implicit assumption that both parties are aware of the consequences should either party break said agreement.
The concept of implied consent also applies to situations where there may be unintended victims of crime. If a person willingly participates in criminal activity, then they are deemed to have implicitly consented to face prosecution for any ill effects caused by their actions – even if those had not been initially intended. Put simply, anyone perpetrating a criminal act must bear responsibility for any and all ill effects created in their wake.
Ultimately, the concept of implied consent serves to remind us that we have a collective responsibility to ensure that our actions do not lead to danger or harm to others. It is only through our understanding of the implied consent doctrine that we can create a society where everyone can feel safe and secure.
DWIs Can Affect Insurance
DWI convictions often lead to an increase in insurance premiums, and some insurance companies may refuse to insure those with a DWI on their records.
When it comes to determining insurance premiums, the insurance industry looks at the risk associated with providing coverage for any given driver. Drivers convicted of a DUI are considered to be high-risk drivers, and auto insurers will often increase their rates significantly in order to compensate for this increased risk. Some insurers may even choose not to offer coverage to drivers who have been convicted of a DUI.
In addition to increasing premiums, many insurance companies will also require drivers convicted of a DUI to carry higher levels of liability insurance. This is because these individuals pose a greater risk of causing damage or harm to other people or property, so insurers want to ensure they are adequately covered in case of an accident.
Drivers convicted of a DUI should be aware that their rates will likely remain higher for several years after the conviction, and that some insurers may refuse to cover them altogether. It is important for drivers to do their research and shop around for the best rate available.
It is also important to note that being convicted of multiple DUIs can result in even steeper penalties. States typically have laws in place that allow insurers to deny coverage or set rates based on the number of DUI convictions an individual has had in the past. It is important for drivers with multiple DUIs to be aware of their state’s specific laws when shopping for insurance.
First Time Offenders
In most states, those charged with DUI for the first time are typically eligible for reduced or alternative sentencing. Typically, this means a fine—often in the thousands of dollars—and mandatory attendance at an alcohol education program. In some states, such as Florida and California, first-time offenders may also be required to install an ignition interlock device in their vehicle. This device requires the driver to pass a breathalyzer test before the vehicle can be started.
In other states, such as New York and Utah, first-time offenders may avoid jail time by enrolling in a residential treatment program or pleading guilty to a lesser charge. In some cases, if the defendant pleads guilty to a lesser charge, the court may suspend their license for a shorter period of time.
Finally, it is important to note that DUI laws vary from state to state. Therefore, those who have been charged with DUI should consult local laws and speak with an experienced attorney to understand their legal rights and responsibilities. It is important to remember that, even though these alternatives may help to avoid jail time, they still require time and expense on the part of the defendant. Therefore, all responsible drivers should do their best to avoid driving while intoxicated and ensure that they are operating within all applicable laws.