Driving While Intoxicated The DWI Laws

Tuesday, 22 May 2007

DWI stands for Driving While Intoxicated. It applies to the operation of vehicles and violation of driving laws. As per the jurisdiction in the United States, one is not allowed to drive a motor vehicle under the influence of alcohol. Actually offence is determined by the level of BAC (Blood Alcohol Concentration) i.e. once the driver is fond to have a BAC of 0.08 or more, he or she can be held in jail and fined accordingly, depending upon the number of offence first or second offence in a row.

Usually a DWI offense is applied when an officer intercepts a driver and the driver is proved to have a blood alcohol level at or above the prescribed limit (0.08 or more). Refusal of this test is also an offense. Under a DWI investigation, when an officer intercepts a suspected driver and a sobriety test is undertaken in his supervision.

In USA, there is a program known as ALR or Administrative License Revocation that suspends the driving license of drivers that are found driving carelessly under DWI. In case, you are driving in Texas, you need to take proper classes based on this program.

Here are some rules that you must learn while driving in Texas:

Your license would be cancelled under the following conditions:
a) In case, you refuse to give test necessary for determining that you are intoxicated.
b) You let the test being conducted and your Blood Alcohol Content is found greater or equal to 0.08.

As an informed citizen, you must be fully aware of how ALR works. In case a law enforcement officer finds valid cause for intercepting a driver while driving, then the officer is supposed to make you aware of his or her rights including the following:

a) Anything a driver tells the officer, can be used as evidence that can be used against him.
b) The driver can arrange a lawyer during interrogation.
c) The driver has the right to legal counsel.
d) The driver has a right to remain silent.

In case your license is suspended, based on the interrogation, you need not to worry. Under such circumstances, a temporary license can be issued to you for certain routes and for certain time period, depending upon the law of the state. You can request for Administrative License Revocation Hearing within fifteen days.

Remember that you need the assistance of a good lawyer, in this case. If your lawyer were not good enough, nothing would work for you. In case, you are looking out for a DWI lawyer to defend your case, here are certain important points to consider:

a) You must check the past record of the lawyer. Make sure that you know about how many cases he has handled and what is his success record.
b) Make sure that the lawyer is proficient in handling all types of DWI cases, especially in your state, as laws differ from state to state.
c) The cost that the lawyer is going to incur on you.
d) See to it if the lawyer possesses his own Intoxilyzer 5000 breath machine.
e) Make sure that the DWI attorney is confident about your case and assures you his best trial.

You must also make sure that a field sobriety test may be performed on you. The test is required for on the spot determination of whether the driver is drunk or not within the specified limits. It consists of 3 steps: the horizontal gaze nystagmous, the walk and turn test and the one-leg stand.

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