Driving Under the Influence (DUI)

The criminal offense of driving in an alcohol-impaired condition is known in various part of the country as driving under the influence (DUI), driving while intoxicated (DWI), or simply “drunk driving.” Driving under the influence includes not only driving while intoxicated, but also driving while under the effects of drugs – both illegal drugs, such as marijuana, cocaine, or PCP, and prescription drugs that severely limit a person’s ability to operate a motor vehicle safely. When alcohol is combined with many prescription drugs – or even many non-prescription drugs, such as those taken for colds or hay fever – the impairment may be much worse.

At one time, drunk driving was virtually a “socially acceptable” crime, since it seemed that almost everyone did it at one time or another. That time is long since past. Largely through the efforts of Mothers Against Drunk Driving (MADD), a national group originally formed by mothers of children killed by drink drivers, the penalties for driving while intoxicated have become much more severe. Previously a person charged with drunk driving for the first time often avoided any time in jail by pleading guilty to the lesser charge of reckless driving in exchange for a dismissal of the drunk driving charge. A number of states now have laws severely restricting – even prohibiting – a first-time offender’s plea to a lesser offense and mandating that a convicted driver spend at least forty-eight hours in jail for the first offense.

The new laws also have been made tougher by lowering the blood alcohol content level at which a person is legally deemed too impaired to drive. This means that under the new laws it takes less alcohol for you to be considered drunk. Only a few drinks within an house or two can significantly impair your driving ability, especially if you are tired, haven’t eaten much that day, or are taking medication, prescription or over-the-counter.

Today, in a majority of states you are considered intoxicated if your blood alcohol content (BAC) is /08 or higher. Some states do not consider you to be impaired until your BAC is at least /10. This is a far cry from the days when you were not considered intoxicated unless your BAC was .15. As a result of lower blood alcohol levels, combined with aggressive law enforcement, there have been fewer alcohol-related deaths and injuries, although alcohol still plays a role in over 50 percent of all traffic accidents.

DUI law is complicated and should be handles by an experienced Oakland DUI lawyer. If you have been charged with a DUI/DWI call Oakland DUI attorney Dionne Choyce today.


Oakland Office
CHOYCE & CROWELL
1300 Clay Street , Suite 600
Oakland, CA 94612
Office: 510-734-3145
Fax: 510-223-1887

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