DWI means driving while intoxicated or driving while impaired. Most individuals that are charged with a DWI will result in a conviction. The laws against drunk driving are strictly enforced in all 50 states. It is illegal to operate a vehicle if you are under the influence of alcohol. In order to be charged with a DWI, the driver must be stopped by a police officer. The police officer must test the individual with a breathalyzer to determine if the drivers blood alcohol content (BAC) is above .08. The blood alcohol content refers to the grams of alcohol per 100 deciliter of blood.

Typically the police officer will observe the motor vehicle when the drunk driver is at the wheel. The car may be swerving all over the road, or it can be involved in an auto accident. The police officer will then ask the driver to perform sobriety tests and may then ask the person to take a breath test or a blood test. If the driver refuses to take the test, it is considered an admission of guilt and the police officer can arrest them for a DWI.

If an individual is convicted of a DWI, it will stay on their criminal record as a misdemeanor. The insurance rates for automobile coverage will automatically increase because the individual is considered "high risk." Depending upon the severity of the DWI charge, the individual will have to serve jail time and may be ordered to attend alcohol rehabilitation.

Immediately after being charged for a DWI, the state will suspend the driver's license for at least 30 days. The laws vary for each state and most states will allow the driver to apply for reinstatement after 10 days. If the license is returned, the driver will have limited driving privileges while they wait for their court date.

DWI Conviction
A DWI conviction is a serious offense, compared to a DUI. To be convicted of a DWI, the prosecution must prove that the police officer had probable cause to stop the driver, they must show that the individual performed the test and failure of the tests lead to their arrest, and they must have proof to support the DWI. Some attorneys can argue the rookie police officers do not have the experience of older police officers and their professional judgment of a drunk driver is not as good. The police officer only needs a reason for stopping the driver, which could mean they catch them speeding, swerving, running stop signs or stop lights, crossing the yellow line, expired registration, or slow or fast driving.

Each police officer has different field sobriety tests they can use to determine if the driver is intoxicated. The officer must write down the physical appearance and demeanor of the driver. If they could see open alcoholic beverages in the car, they must include that in the report. The physical appearance of the driver will play a large role in the DWI conviction. If the police officer notices that the driver has red and glassy eyes, slurred speech, or a smell of alcohol on their breath, they can arrest them for a DWI. Normally, the officer will perform a couple field sobriety tests and ask the driver to take the breathalyzer test once they suspect the driver is intoxicated. The field sobriety tests normally include the following:

• Reciting the alphabet backwards and forwards
• The hand to nose test
• Walking the yellow line forwards and backwards
• The pencil to eye test
• Other coordination tests

Most drivers that are intoxicated will not be able to perform the tests and they will seem incoherent. The police officer will then ask the driver to take a breathalyzer or blood test. The suspect has the right to deny taking the tests; however this will be used against them in court. Several police officers carry a mini breathalyzer with them. This mini breathalyzer is called an alco-sensor and it gives to police officer a rough estimate of the blood alcohol level of the driver. To be considered over the limit, the BAC reading must be .08 or above.

The prosecution will use all of the evidence collected by the police officer to prove beyond a reasonable doubt that the driver was operating the vehicle while intoxicated. Additional evidence, like being involved in a car accident can also be used against the driver to convict them of a DWI. If the driver refused to take the breathalyzer test, the officer will include that in their notes and the prosecutors can use that in court. In order to refuse the breathalyzer test, the driver must have a current driver's license with no previous convictions of a DUI or DWI. They must also have a clean driving record and no unresolved issues with the Division of Motor Vehicles.

Anyone that is convicted of a DWI will be punished. There are 5 different levels of punishment for a DWI. The most serious conviction is a level one offense. This punishment is for an individual with multiple DWIs or for someone who is found guilty of a DWI while engaging children under the age of 16 in the vehicle. If they are involved in a serious accident and it caused serious injuries or death to another person, they will be punished as a level one offender. This person is normally given jail time, alcohol rehabilitation, community service, heavy penalties, and a revoked license.

First-time offenders with a clean record are considered a level five offender and it is the least serious punishment. The punishment usually consists of a suspended driver's license, alcohol awareness courses, and community service. A level five offender will have their licensed revoked for up to one year and will need to pay reinstatement fees to have their driving privileges returned. Anyone that has a blood alcohol level at .16 or higher will need an ignition interlock system installed in their vehicle. The ignition interlock system will cause the driver to blow into a breathalyzer inside the car before the car will allow the driver to start the vehicle. The ignition interlock system costs $300 or more to install, plus a monthly fee.

Costs of a DWI
A DWI will cost the driver at least $10,000 in court fees, penalties, and lawyer fees. There are also fees to have the driver's license restored, community service fees, and insurance increases. It is important to pay all the fees and comply with the orders given by the judge. Anyone that fails to meet their court date will automatically have a warrant issued for their arrest. The bail money they paid to get out of jail will be kept by the state and they will not receive any of it back.

Most auto insurance companies will raise the monthly premiums and reduce the amount of coverage the driver will have. The driver can see their insurance rates increase by up to 450% of the average person. The new insurance rate will remain in tact for 3 years after the conviction of the DWI.

The most important thing to do if you have been charged with a DWI is to hire an attorney. Though the attorney may not be able to get the prosecution to drop the charges, they may be able to negotiate for a lesser sentence. DWI attorneys have connections with investigators and other people that may be able to find a loophole in your case.

Each year around 2 million car accidents are caused from drunk drivers. Anyone that is found guilty of a DWI and caused death to another party will be severely punished. Normally individuals cited for a DUI or DWI will plead guilty, hoping to receive some leniency from the judge. Even if the driver plans to plead guilty, they should still hire an attorney. The attorney will negotiate the terms of the plea bargain, reducing jail time, driving suspension, fines, and the charges on their criminal record.

Individuals that cannot afford the costs of a professional DWI attorney have the right to legal counsel. The court appointed attorney will be granted to individuals with financial difficulties, although they may still have to pay some of the fees. The judge will look over the affidavit you file and they will determine if you are eligible to receive a court appointed attorney. You will not be able to choose who is representing you, but you have the right to refuse the right to an attorney.

In some states, the driver will be responsible for all the attorney fees if you use a court appointed attorney and you are found guilty. The court appointed attorney fees will be about 40 to 50 percent less than the fees you would have with a private attorney. Because a DWI is a serious offense, it is difficult for most lawyers to negotiate for a lesser sentence. They may be able to keep their clients from losing their license or doing jail time. The trade-off may be that the driver must serve more community service hours and attend alcohol rehabilitation or alcohol awareness courses on top of heavy fines.