Roger A. Michael

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Areas of Practice:

• DWI / DUI (Felony & Misdemeanor)
• Drunk Driving Defense
• Criminal Law

DUI/DWI: What is it?

DUI, DWI, OUI and OUIL are all terms for driving drunk (drunk driving) at or above a certain level of alcohol. Well over a million drivers (1.5) are arrested for driving under the influence of alcohol and drugs in the United States every year. Even though all states have lowered blood alcohol levels to .08, every state has its own laws and consequences for driving under the influence (DUI), driving while intoxicated (DWI), operating under the influence (OUI) or operating under the influence of liquor (OUIL).

In addition to drunk driving being a criminal matter (court matter and a crime) it is also an administrative matter pertaining to the drivers license (immediate, mandatory and automatic license suspension). Immediate driver license suspension laws for alcohol-impaired drivers, refers to administrative per se (APS), automatic license revocation (ARL) or on-the-spot license suspension laws. These laws are different for each state and each one has it own automatic license suspension consequences.

License suspension or revocation traditionally follows conviction for alcohol-impaired driving. Under a procedure called administrative license suspension, licenses are taken before conviction when a driver fails or refuses to take a chemical test. Because administrative license suspension laws are independent of criminal procedures and are invoked right after arrest, they`ve been found to be more effective than traditional post-conviction sanctions. Forty-one states and the District of Columbia have administrative license suspension laws.

Thirty-seven states permit some offenders to drive only if their vehicles have been equipped with ignition interlocks. These devices analyze a driver`s breath and disable the ignition if the driver has been drinking. In 22 states, multiple offenders may forfeit vehicles that are driven while impaired by alcohol.

Links
Northern Kentucky Bar Association