| Q: What is the difference between ?DWI' and | | | | -------------------------------------------- |
| ?DUI'? | | | | ----------------------------------- |
| | | | |
| -------------------------------------------- | | | | A: It depends on the state you are in. In |
| ----------------------------------- | | | | some states, the law says that a person is |
| | | | guilty of drunk driving only when actually |
| A: ?DWI' stands for "driving while impaired" | | | | operating the vehicle. In other states, |
| while ?DUI' represents "driving under the | | | | having the key in the ignition will satisfy |
| influence." There is also a third, common | | | | that the intent if there was the ability to |
| term "OWI" or "operating while impaired." All | | | | operate the vehicle. |
| three terms represent operating a motor | | | | |
| vehicle after consuming enough alcohol to | | | | -------------------------------------------- |
| register a specific blood-alcohol level. Most | | | | ----------------------------------- |
| states set the level at .1, although some | | | | |
| states have or are considering lowering the | | | | Q: What is the "open container" law? |
| level to .08. | | | | |
| | | | -------------------------------------------- |
| -------------------------------------------- | | | | ----------------------------------- |
| ----------------------------------- | | | | |
| | | | A: Open container laws prohibit the |
| Q: Do I have to take a breath test or can I | | | | possession of any open alcoholic beverage |
| insist on another test? | | | | container and the consumption of any |
| | | | alcoholic beverage in the passenger area of a |
| -------------------------------------------- | | | | motor vehicle. |
| ----------------------------------- | | | | |
| | | | -------------------------------------------- |
| A: All of the portable devices used by police | | | | ----------------------------------- |
| have to be approved by the National Highway | | | | |
| Traffic Safety Administration and should be | | | | Q: What are the penalties for a DUI |
| problem-free if maintained and used | | | | conviction? |
| correctly. | | | | |
| | | | -------------------------------------------- |
| Whether you have the option to choose the | | | | ----------------------------------- |
| test you take depends on the state you are in | | | | |
| when stopped. Refusing to take a | | | | A: The penalties for a DUI conviction will |
| blood-alcohol test can have serious | | | | vary from state to state and depend, in a |
| consequences, including suspension of your | | | | large part, on whether this is a first, |
| license and being prosecuted for drunk | | | | second, third or subsequent conviction. |
| driving. | | | | |
| | | | All states impose penalties that include some |
| -------------------------------------------- | | | | or all of the following: |
| ----------------------------------- | | | | |
| | | | Fines, increasing with subsequent offenses |
| Q: Do I have to submit to a field sobriety | | | | |
| test? | | | | Screening for substance abuse |
| | | | |
| -------------------------------------------- | | | | Community service |
| ----------------------------------- | | | | |
| | | | Suspension of driver's license, increasing |
| A: Field sobriety tests are used by an | | | | with each offense |
| officer to help determine if, in his or her | | | | |
| opinion, you are under the influence of | | | | Point charges against the defendant's license |
| alcohol and should be arrested for drunk | | | | up through revocation of the license for a |
| driving. The officer may place you through a | | | | predetermined period of time |
| series of balance (walking an imaginary line | | | | |
| or leaning back with eyes closed), | | | | Felony conviction with jail or prison time |
| coordination (counting on the fingers or | | | | for a third or subsequent conviction |
| touching a finger to your nose while your | | | | |
| eyes are closed), or mental (reciting the | | | | -------------------------------------------- |
| alphabet or counting backwards) tests. The | | | | ----------------------------------- |
| tests are often viewed as additional evidence | | | | |
| which the suspect inevitably "fails". Whether | | | | Q: If my driver's license is suspended, how |
| you must comply will depend on the state you | | | | can I get it back? |
| are in when stopped and requested to take the | | | | |
| test. | | | | -------------------------------------------- |
| | | | ----------------------------------- |
| -------------------------------------------- | | | | |
| ----------------------------------- | | | | A: "Occupational licenses" are available |
| | | | under many different circumstances. The judge |
| Q: Can I be stopped and arrested for DWI even | | | | must find that an "essential need" exists, |
| if the vehicle was not moving? | | | | such as school or job commuting. The license |
| | | | is restricted as to routes, areas and times. |