Drunk Driving Offenses

March, 2000

What Constitutes "Drunk Driving"?
Can I Be Charged With Drunk Driving, Even If My Driving Is Perfect?
What Makes The Police Think A Driver May Be Drunk?
Can I Represent Myself Against Drunk Driving Charges?
What Happens To My Automobile Insurance?

Notice: Please note that if you have been charged with a drunk driving offense, you will benefit from consulting a criminal defense lawyer. For information about what you should do after an arrest for drunk driving, please see this associated article. If you wish to hire a defense lawyer, you may find this article on "How To Hire A Lawyer" to be helpful.

What Constitutes "Drunk Driving"?

Drunk driving occurs when a person is driving an automobile, after consuming alcoholic beverages to the extent that his ability to drive a motor vehicle is impaired. Drunk driving can be called by a number of different names or abbreviations, depending upon what state you are in. Common names are "Driving While Impaired" (DWI), "Driving Under the Influence" (DUI), or "Operating a motor vehicle while Under the Influence of intoxicating Liquor" (OUIL).

Can I Be Charged With Drunk Driving, Even If My Driving Is Perfect?

Yes. Many people charged with drunk driving protest that their driving was fine. They believe either that the officer made up an excuse to pull them over, or that the "mistake" that the officer observed was appropriate or had nothing to do with their driving. However if your blood alcohol content exceeds the "legal limit" of 0.08%, you can be charged and convicted even if you do not feel that you are in any way affected by the alcohol you consumed.

Additionally, you may be stopped because there is a mechanical problem with your motor vehicle. If the officer finds you to appear intoxicated (usual signs: slurred speech, glassy or bloodshot eyes, poor balance, conspicuous odor of alcohol, lack of coordination, difficulty comprehending instructions, clumsiness or lack of coordination, combativeness, and disorientation), he may investigate further.

If you would like additional information on what happens during the investigation of a possible drunk driving case, and possible charges for drunk driving offenses, please see these associated articles:

What Makes The Police Think A Driver May Be Drunk?

There are many factors which the police look at.

Lack of Driving Skill	Making wide turns, Almost striking another vehicle, particularly if it is parked or stopped, Almost striking an object, Braking erratically, or making sudden stops in the traffic lane, Sudden acceleration or deceleration, Driving very slowly.
Lack of Coordination	Swerving, weaving, or drifting, Straddling the "fog line" or the "center line" of the road, Slow response to traffic signals.
Single Vehicle Accidents	Driving off the roadway, Striking a stationary object or tree.
Lack of Due Care	Following another car too closely, Turning suddenly, Driving with the headlights off, Stopping inappropriately in the roadway (even on the shoulder).
Major Driver Errors	Driving the wrong way, into opposing traffic, Failure to stop for traffic signals, Making illegal turns.

Interestingly, drivers who are excessively tired can generally be distinguished from drivers who are drunk, as drivers who are falling asleep tend to swerve in the same direction (e.g., they will consistently swerve left as they fall asleep, suddenly wake up, and then straighten out their cars), while drunk drivers tend to swerve in both directions. Also, excessive speed is not ordinarily considered a sign of impaired driving.

Can I Represent Myself Against Drunk Driving Charges?

Generally speaking, it is not a good idea to try to represent yourself against any criminal charges. Drunk driving may seem like a relatively minor offense, but it is in fact one of the more complicated criminal charges for prosecutors to bring. There are many technical defenses that an attorney may be able to raise, to assist you either in avoiding conviction, negotiating a lesser charge, or in reducing the consequences of conviction.

For more information on defending against drunk driving offenses, please see the following article:

Defenses to a Drunk Driving Charge

What Happens To My Automobile Insurance?

Typically, your rates will be increased significantly. While this will vary from state to state, depending upon state regulation and the policies of your insurance company, it is rare for drunk drivers to avoid an increase in the cost of their insurance. It is difficult to shop around for cheaper insurance after a drunk driving conviction, as most insurance companies will classify you as a "high risk" driver, and will charge high insurance rates.

Sometimes, your insurance will be cancelled. If this happens, you will likely have to pay a large amount of money to obtain coverage with a different insurance company.

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