Driving Under the Influence
| Author | Jeffrey Wilson |
| Pages | 465-470 |
Page 465
Drunk driving constitutes the most commonly committed crime in the United States. State laws, most of which define this crime as "driving while intoxicated" (DWI) or "driving under the influence" (DUI), have progressively become more unforgiving over the past 20 years. Several groups, such as Mothers Against Drunk Driving (MADD), have fought with considerable success to modify drunk driving laws.
All states have amended their statutes so that a person is considered under the influence or intoxicated when the person's blood-alcohol concentration (BAC) is above .08 percent. Moreover, sentences for drunk driving have become progressive harsher, as state legislatures have sought to deter the practice of drunk driving. Although sentences and penalties vary among different states and different courts, a person convicted of driving drunk may face any of the following:
A fine of $1000 or more
Probation
Revocation or suspension of the offender's driver's license
Impoundment of the offender's car or the installation of special locks on the offender's car
Special classes regarding drunk driving or alcoholism
Mandatory jail sentence
Most state laws define crimes of drunk driving as follows: driving a motor vehicle on a road or highway while under the influence of alcohol. Newer statutes also provide for a per se offense, which a person commits when driving a motor vehicle on a road or highway with a blood-alcohol concentration of .08 percent.
Several state statutes require that a defendant was driving a vehicle in order to be convicted of a drunk
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driving offense. Other states use the terms operating a vehicle or being in physical control of the vehicle. These terms are not normally synonymous, and so it is important to determine how an individual state defines the term in the statute.
A number of issues may arise that relate to the "driving" element of a drunk driving offense. For instance, a person may be in a car but has not turned on the ignition. The question in some cases is whether the person was driving or operating a vehicle or whether the person was using the vehicle as a temporary shelter. Courts in various jurisdictions have identified several factors that may be used to determine whether someone has been driving a vehicle. Some of these include the following:
Field evidence may fall into one of five categories, including the following:
Testimony regarding the defendant's unusual driving
Testimony regarding the defendant's conduct or physical appearance
Incriminating statements made by the defendant
Testimony regarding the defendant's performance during a field sobriety test
Tapes, film, and/or photographs taken at the scene where the defendant was driving and/or arrested
Police officers will often look at the defendant's physical appearance and symptoms of drunk driving in order to determine whether the defendant is intoxicated. The following are some of the more common symptoms of intoxication:
The defendant's clothes are disheveled
The defendant has not shaved or combed his or her hair
The defendant's eyes appear to be red, glassy, or bloodshot
The defendant's face appears to be flushed
The defendant's breath smells like alcohol
The defendant's speech is thick and slurred
The defendant's BAC level will be determined through one of three methods. The most common of these methods involves an analysis of the defendant's breath. Other tests analyze the blood or urine of the defendant. Refinements in the methods by which a defendant's BAC is determined have strengthened the ability of prosecutors to prove this BAC. However, these tests are not above reproach, and skilled defense attorneys can often successfully attack the methods by which the defendant's BAC was analyzed.
Researchers have developed a variety of tests that are designed to determine whether a person is likely to be intoxicated. A police officer performs these tests on suspects after the officer has stopped a person on suspicion of drunk driving. These tests allow an officer to observe a suspect's balance, physical ability, attention level, or other factors that the officer may use to determine whether the suspect is impaired. Officers often record a suspect's performance of these tests, and this practice generally has been upheld on appeal.
In several states, authorities have set up checkpoints where officers can question drivers in an effort to catch drunk drivers. These checkpoints are often set up during holidays when people are more likely to drink, such as New Year's Eve. Courts in the majority of states have upheld these...
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