Driving under the influence of alcohol, driving intoxicated or drunk-driving is the act of operating a motor vehicle – in some jurisdictions this includes even riding a bicycle or riding a horse – after having consumed alcohol or drugs to the degree of impairing the motor and driving skills. Driving under influence of alcohol or drugs is considered a punishable offense in many countries, which attracts a heavy fine as well as imprisonment, especially if the drunk driving lead to and accidental death. In most cases, the license of the person charged under DUI will be revoked for a certain period.


According to the law, in addition to these two cases, a third DUI offense consists of driving under the combined influence of both – alcohol and drugs. Interestingly, the drugs causing impairment of one’s motor senses need not have to be an illegal one. It can be lawfully obtained drugs on prescription or some over the counter medication.


The specific criminal offense under DUI may be called, based on the jurisdiction, driving while intoxicated (DWI), operating while intoxicated (OWI), driving while impaired (also DWI), driving under the combined influence of alcohol and/or other drugs, driving under the influence [of alcohol or other drugs] (DUI), operating a motor vehicle while intoxicated (OMVI), or driving under the influence per se or drunk in charge [of a vehicle]. DUI laws may also apply to boating (in Canada), piloting an aircraft, or as mentioned above, even bicycling in some states in the U.S., such as California.


According to the present day statutes of law, drunk driving can be charged under two separate distinct criminal offenses, or both.


The first one is the traditional drunk-driving charge, for driving under the influence of alcohol or drugs or both. The guilt is supported in the court of law by the observations made by the police officer at the site (erratic driving, unsteady gait, slurred speech, etc), and performance on field sobriety tests, supported by a blood-alcohol test result showing alcohol content in the blood over the permissible limit.


The second offense is a per se offense, which instead of focusing on the impairment caused by alcohol or drugs, the charge will be of having an excess blood-alcohol content (BAC) at the time of driving, regardless of the person’s tolerance of alcohol. In other words, even if the person passes the field sobriety tests, the accused still could be charged just for drinking alcohol and driving.


Blood-alcohol content is measured as a percentage of alcohol presence in the blood, against the person’s body weight. In Europe, the BAC is expressed in milligrams of alcohol per 100 milliliters of blood. In the United States, as of 2002, it was illegal to drive vehicles with a BAC that was more than 0.08 percent in all its fifty states. In some countries, a DUI also covers other persons traveling in the vehicle even if the other person may not be at the wheel.


However all of these methodologies for detection of intoxication can be undermined. The credibility of equipments such as breath analyzer and the mathematical means to calculate the percentage of blood-alcohol content are criticized in some circles, stating that the results are not always perfect and could, therefore, affect margin cases. The filed sobriety tests are highly subjective and designed to make the test taker fail. Other factors besides intoxication can account for signs and symptoms of intoxication, such as illness and physical limitations.

Palumbo & Associates, P.C. is a full service boutique law firm which focuses its practice on giving high quality, cost effective litigation representation to its clients in both state and federal court. They treat their clients as what they are, people and not simply “case files.” Whether you’ve been arrested and require criminal defense services, have received a DWI , have been injured in an accident, or find yourself in need of an estate or matrimonial attorney, the staff at Palumbo & Associates, P.C. stands ready to advocate on your behalf.