DUI-DWI-FAQ

DUI, DWI & OUI VIRGINIA, MARYLAND & MASSACHUSETTS LAWYER

Licensed in Virginia, Maryland, D.C. & Massachusetts

In Massachusetts, Maryland & Virginia, operating a motor vehicle after consuming alcohol or other drugs may result in being charged with drunk driving. Driving under the influence of alcohol, drunk driving, drinking and driving is commonly referred to as a DUI or DWI. OWI is operating while intoxicated. Depending on the state you have been charged in, the charging document may refer to the charge as a DUI, DWI or OUI. Another type of offense is a DUID. DUID is driving under the influence of drug(s) or a combination of alcohol and drugs. Regardless of whether you have been charged with a DUI, DWI, OWI or DUID, the penalties are very serious in Virginia, Maryland & Massachusetts. The penalties you receive from the court is only the beginning. You stand to loose your job, pay an exorbitant rate for car insurance, loose your ability to drive either completely or have your driving privileges extremely restricted. The courts have had a lot of pressure put on them lately to not give any kind of break to those charged with an offense where alcohol and driving are involved. These laws apply not only to automobiles, but also to boats and aircraft as well.

The Law Offices of SRIS, P.C. has offices in Virginia, Maryland & Massachusetts to better serve you.

Our offices in Virginia are in Fairfax, Lynchburg, Manassas, Richmond & Virginia Beach.
Our offices in Maryland are located in Rockville & Annapolis.
Our office in Massachusetts is in Boston.

If you wish to consult with one of our DUI/DWI/OUI/DUID attorneys, please free to call us, email or contact us via our on line form.

Please click on the state if you wish to see some of the drunk driving laws in:

Driving while under the influence of alcohol goes under many names, including:

Driving under the influence (DUI)
Driving while intoxicated (DWI)
Operating under the influence (OUI)
Driving while impaired (DWI)
Drunk driving
Drunken driving
Driving under the influence of Drugs (DUID)

But no matter how you look at it, operating a car or motor vehicle while intoxicated is a very serious matter. Driving a car after drinking or taking drugs is one action you should NEVER attempt. Because once you get caught, you're in for a world of trouble.

Just as there are different names for driving while intoxicated, the laws in each state concerning DUI/DWI vary as well. However, there is one constant: It's not only illegal, but driving while alcohol impaired can cause serious injuries or death - and many times to innocent victims.

How Big A Problem Is DUI or DWI?

Even with all the current publicity and outcry, drunk driving is still a very serious and large problem throughout the United States. Thousands of Americans are killed each year in DUI/DWI accidents. Although many of those accidents result in the death of the intoxicated driver, a significant and unfortunate number involve the death of people who were in the wrong place at the wrong time. Men, women and children are injured or killed every day by the reckless actions of drunk drivers.

DUI's don't just cause physical injuries. Serious emotional and mental scars are all too often part and parcel of an alcohol or drug related driving accident. The number of people, both innocent victims and DWI offenders alike, bearing severe psychological scars and mental problems is staggering. Many people simply can't cope with everyday life after a severe drunk driving accident. Some even turn to suicide as a way out.

How Much Liquor Is Too Much?

It doesn't matter if it's beer, wine or hard spirits, alcohol is dangerous when consumed in excess. While beer and wine almost always list their alcoholic content in percentages, hard liquor is usually listed in "proof." The proof rating is two times the alcohol concentration - no matter what type of liquor you're talking about. So that 86 proof whiskey is 43 percent pure alcohol.

Most hard liquors have a higher alcohol concentration than most wines, and most wines have a higher alcohol concentration than most beers, meaning it usually takes fewer drinks containing hard liquor or fewer glasses of wine than beer to become intoxicated.

However, the alcohol concentration isn't everything. A number of factors come into play in determining how fast a person will "feel the effects."

Drinking on an empty stomach allows the alcohol to more quickly pass right into the bloodstream. Carbonated drinks also speed up the absorption rate. Your body size and weight, gender and even ethnicity all play a factor. Even the time of day effects how much of a wallop that drink will pack. (It's an interesting fact that some Asian cultures lack an essential enzyme to break down alcohol. Even one drink may cause them intoxication. Plus, there is even a particular kind of mushroom that prevents the liver from detoxifying alcohol. If a person eats the mushroom, then even one piece of cherry liquor candy can cause acute intoxication!)

You also have to consider the size of the drink being consumed as well. A shot glass of hard liquor, or about 1-1/2 ounces of alcohol, may end up having the same effect as one five-ounce glass of wine or one twelve-ounce beer.

Even if you don't drink and drive, alcohol can still cause you problems. Excessive alcohol consumption over a long period of time causes damage to the kidneys, liver, heart, and brain. Too much liquor consumed all at once can lead to immediate death. Plus, we've all seen people who never seem to be able to "hold their liquor." Alcohol only fuels their emotional problems, turning introverted individuals into loud mouthed bores, and others into seeking fights for no good reason.

If You're Stopped for a DUI or DWI...

If you're stopped by the police for suspicion of driving under the influence (DUI) or riving while drunk (DWI) you'll more than probably be asked to submit to a "breathalyzer" test.

The breathalyzer measures your Blood Alcohol Content (BAC) or Blood Alcohol Level (BAL). This is the amount of ethanol (alcohol) is in your system. BAC and BAL are scientifically measured, calculating the ratio of ethanol to blood within your system.

The amount of ethanol in your system is the same as the amount of ethanol that is "on your breath" when you exhale. As a result, police are able to test your BAC or BAL by having you breathe into a breath analyzer. The analyzer itself is a precision scientific instrument that accurately and quickly determines the amount of alcohol in your system.

For example, if your BAC level is 0.15, you have 0.15 grams of ethanol per 100 millimeters of blood in your system. In most jurisdictions, if your BAC or BAL is above 0.10, operating a car or other vehicle (including some machinery) is illegal.
However, please note: You may still be charged with DUI/DWI even if your BAC or BAL is under 0.08
Taking The Breathalyzer Test For Suspicion of DWI / DUI

We mentioned an officer may "ask" you to take the breathalyzer test if he suspects you've been drinking and driving. However, it's usually not a matter of negotiation. Whether you are required to take the test depends upon particular state law, but in almost every state taking the test after being asked to do so by the police to see if you're over the DUI or DWI limit is mandatory.

In many states, refusing to submit to a breath analyzer or similar test (such as a blood test) will result in an automatic suspension of your license. Even if you are later found not to have been intoxicated or impaired, your license may still be suspended as a result of your failure to cooperate.

Remember: Under the law, driving is not a right - but a privilege. And being classified as a privilege means the state can effectively strip you of your driving license for any legal reason it chooses.

If you operate a car or motor vehicle under the influence of illegal substances such as heroin, cocaine, or marijuana, you can be also be charged with a DWI. Not only that, but you'll probably be charged with a several other misdemeanors or felonies as well.

But please take heed - it's not only alcohol or illegal drugs that can get you charged with a drunk driving offense. (top)

Many prescription medicines and some over-the-counter medications carry with them specific warnings indicating they shouldn't be used while operating any motor vehicles. Check the labels on all medications carefully. Don't get behind the wheel if you are taking anything that may interfere with safe driving. Many states now include over the counter medicines and prescription drugs as substances triggering a DWI or DUI offense.

If you're convicted of a DWI or DUI offense, the consequences aren't pretty. In most jurisdictions, there is a "step-up" method for determining what penalties will apply.

For a first time conviction, you'll be required to pay a hefty fine in many states and attendance of an alcohol safety action program (ASAP). Some even impose a minimum term of imprisonment. This is in addition to having your license suspended. For your second offense, many states increase the fines, length of imprisonment and/or term of license suspension.

If you've been convicted of Multiple DUI/DWI offenses, this may result in the total revocation or loss of your driver's license (even for life), long term incarceration, and some very serious fines. Additionally, a judge may order you to enter an alcohol or drug treatment and education program. Of course, if you seriously injure or kill another person while operating a vehicle under the influence, you may face additional serious criminal charges (such as vehicular manslaughter) and civil lawsuits.

Not only will you lose your freedom if you have multiple drunk driving offenses resulting in injury or death, but you stand a good chance of losing your assets as well.

Leniency for First Time DUI / DWI Offenses

In many cases "alternative" penalties are allowed in some DUI/DWI cases - particularly those involving first time offenders. A judge hearing your case may have some discretion in deciding your punishment. However, in situations where someone has been seriously injured or killed because of your actions, there may be mandatory minimum sentences a judge must follow.

But in non-injury first time offenses, or in less serious matters, a judge may be able to show some "leniency" in drunk driving cases. In lieu of jail time, you may be required to perform community service, (such as giving talks about the dangers of drunk driving) or some alternate type of community service (road clean-up or other menial community tasks).

In other situations, a judge may impose "the so-called scarlet letter" - requiring you to place a special license plate on your vehicle or have a mark on your driver's license, both indicating you've been convicted of DUI/DWI.

If you've been charged with a DUI or DWI, it's both HIGHLY AND STRONGLY recommended you consult with an attorney! Even though it's not mandatory, the value of an experienced defense attorney for drunk driving or DWI offenses cannot be over estimated.

DWI/DUI laws are strictly enforced and an experienced DUI/DWI attorney can help protect your rights. In fact, some states require the police provide you with a list of local DUI/DWI defense lawyers.

Your chances of successfully making defense arguments or finding mistakes that may have been made in your arrest are much greater if you have an attorney assisting you. If you are faced with a DUI/DWI charge, a lawyer is your best bet for avoiding or reducing the penalties or imprisonment you face.

At SRIS, P.C., we have some of the most qualified and talented DUI attorneys in the nation. Our job is to protect your rights. Also, any and all conversations you have with our legal staff are always held in the strictest of confidence. If you've been arrested for driving under the influence of alcohol or drugs, please make an appointment with one of our DUI defense attorneys in Virginia, Maryland or Massachusetts. Don't wait until it's too late to mount a defense. DWI's and DUI's are nothing to fool around with. Get the best legal advice you can.

If you wish to learn more about DUI in Virginia, Maryland or Massachusetts, please feel free to read our newsletter about about DUI or our primer on drunk driving .

The Massachusetts, Maryland & Virginia DUI lawyers of SRIS, P.C. are ready to assist you if you have been charged with a DUI/DWI/OUI/DUID offense. Please feel free to call us, email or contact us via our on line form.

The Massachusetts, Maryland & Virginia DUI defense attorneys and staff of SRIS, P.C. speak the following languages in addition to English: Tamil, French, Spanish, Arabic, Hindi, Telugu, Cantonese, Mandarin & Malaysian.

Our attorneys who defend DUI cases are licensed to handle DUI/DWI/OUI/DUID cases in Virginia, Maryland, Pennsylvania & Massachusetts, however our lawyers DUI/DWI/OUI/DUID cases only in Virginia, Maryland & Massachusetts at the present time

Please click on attorneys to learn more about the drunk driving defense lawyers who assist clients charged with a DUI/DWI/OUI/DUID offense in Virginia, Maryland or Massachusetts.