State DWI Laws and How They Affect Drunk Driving Penalties

Driving while intoxicated (DWI) or driving under influence (DUI) is an offense for which you can face a penalty or may have to pay fines. According to state DWI laws, it is a crime to drive a vehicle with a blood alcohol concentration (BAC) at or above the level prescribed of 0.08 percent.

An individual will also be termed a DWI offender, if he/she has been found to be intoxicated while driving based on all the evidence that has been gathered during the investigation and arrest. In case a person is arrested for an aggravated DWI offense and found to have been driving with a BAC level of .18% or higher, the penalties will be harsher.

For specific laws of a state, you need to check with the Department of Motor Vehicles of the concerned state.
 

DWI Laws You Should Know

Laws may differ from state to state. A driver will do well to note the laws pertaining to driving, so as to maintain a clean record. There are some states which allow the DWI offenders to drive only if their vehicles are provided with ignition interlocks. The ignition interlocks test the breath of the driver and then disable the ignition if the driver has been intoxicated. Other states require multiple offenders to forfeit the vehicles they were driving when impaired by alcohol.

There are other states which do not permit the driver as well as the passengers to have an open container of alcohol in the vehicle’s passenger compartment. Alcohol impaired driving might lead to the suspension or revocation of license. In the process called administrative license suspension, the licenses are taken before conviction as a result of the refusal or failure of a driver to take the chemical test.

The administrative license suspension laws are invoked after being arrested, as these laws are independent of criminal procedures. These laws are known to be more effective than traditional post-conviction sanctions.

Other Things To Know

The penalties that one can face include mandatory jail time, a fine of an amount ranging from $500 to $2000. Know that for your conviction as a DWI offender, the prosecutor has to prove that you were impaired or intoxicated at the time of driving the vehicle. In all DWI cases, the driver’s BAC has to be determined at the time of the breath analysis and blood testing for traces of alcohol. The duration for the administering of the tests can be after half an hour to several hours of driving.

With the aforementioned laws in mind, you can have a smooth ride avoiding a situation where you can be charged of a DWI offense. Abiding by the state DWI laws, it would be best to drive when you haven’t taken alcohol. However, if you have been arrested, it would be advisable for you to not go for a blood or breath test before speaking with your attorney.

Also make sure that you do not answer questions about what you have consumed and where you have been. Remain silent after you have provided the officer your license, proof of insurance and registration. Get an attorney as soon as you can.

Specific State DWI Laws:

Minnesota DWI Laws