The term DWI, which is short for driving while intoxicated, refers to the consumption of alcohol. More specifically it is if your blood alcohol content, or BAC, is tested to have levels over 0.08%. That amount is equal to two beers or less in one hour. That is the legal guideline that the majority of states use so that they continue to receive funding from the federal government.

Sometimes, those that smoke marijuana or take drugs may also get the charge, but often they are charged with DUI or Driving Under the Influence, which is what drinkers get if they even take a Sip of beer, but don’t test out at the .08 BAC. Both charges normally carry the same number of points off your license, cost the same to defend and result in the same jail times, penalties and fines.

Some social drinkers are incredulous to find out these facts, when they drink once or twice a year. They are placed in the same class as those that have more serious drinking problems.

A few states still follow the less strict, old Federal guide-lines because they figure they can make up the difference in sales taxes on everything from drinks ordered with dinner in the restaurant or additional bar revenues.

It is the opinion of many people that too much of revenues are spent going after the social drinkers, which is why they will opt for a drink at home rather than take a chance of being stopped. Doing that when in reality it is the heavy drinkers who even with their BAC levels, do not seem to be deterred from driving no matter what. Many believe that more should be spent on them instead.

With most states following the .08% rule you will spend a lot of money on a lawyer defending your driving privileges but also there is the expense of going to the mandatory safety program, SATOP, in order to have your license returned as a result of automatic suspension. All this is a major inconvenience and comes with high expenses prior to ever being found guilty. Also let’s not forget the court expenses and the fact that it remains on your record for up to five years on your first offense in most states.

A good lawyer may be necessary, if you find yourself charged. It used to be that you were innocent until proven guilty, but not in the case of DWI charges. In fact, if you don’t take a breathalyzer, you will probably find yourself without a driving license for a year and DWI guilty verdicts can get you up to six months on a first offense and up to five years in prison on your third offense. Many drug dealers don’t get that strict of a sentence.

This is the main reason it may be advisable to get an attorney if you find yourself in this position. A drink with dinner can turn your entire life upside down. In some cases, drug dealers have it easier than the occasional drinker, with the stricter laws that have been enacted due to public outcry. More accidents involve drivers that have impaired judgment due to drinking, which is the reason for the crackdown and more frequent issuance of DWI charges, besides the Federal tax dollar incentives for more arrests. If you find yourself charged with a DWI or DUI, you need to seek legal help to protect your rights.

Share This