DWI - Driving While Intoxicated (Complete intoxication is not required;
the level of alcohol or drugs in the driver's body must simply be
enough to prevent him from thinking clearly or driving safely.)
DUI - Driving Under the Influence (Driving or operating any vehicle
or common carrier while drunk or under the influence of liquor or
narcotics.)
BAC - Blood Alcohol Concentration (The amount of alcohol in the
bloodstream.)
These three acronyms have legal consequences. DUI and DWI are criminal offenses. To determine if a DWI or DUI offense has been committed, it is necessary to measure how much alcohol was consumed by the suspect driver (the BAC).
Here are some
facts about driving under the influence:
1. Most drinking and driving episodes go undetected. In 2004, about
1.4 million drivers were arrested for driving under the influence
of alcohol or narcotics (Department of Justice, 2005). That’s
less than one percent of the 159 million self-reported episodes
of alcohol–impaired driving among U.S. adults each year.
2. A alcohol-related motor vehicle crash kills someone every 31
minutes and nonfatally injures someone every two minutes (NHTSA
2005).
Here are some general guidelines once arrested for DUI:
1. The officer who caught you will immediately send a copy of the
suspension or revocation form of your driver's license with your
sworn statement ( you'll be made to sign it) to the Department of
Motor Vehicles or DMV. DMW reviews the report and if they say the
report is good, which is to your disadvantage, you may request a
hearing to contest the suspension or revocation.
2. Once arrested, the officer will give you a Notice of Suspension
which says that you have ten days to request an administrative hearing.
A hearing is your opportunity to show that the suspension or revocation
is not justified. It's your chance to plead you case.
3. You are required by law to take the chemical test to check the
alcohol or drug content in your blood. There is no more urine test
unless: The officer suspects you were driving under the influence
of drugs or a combination of drugs and alcohol or both the blood
or breath tests are not available. Find more information on
New Jersey Law Information on DUI.
If you or a family member has suffered a brain injury and have a legal question about your rights you can request a Free Case Evaluation from our firm.