Drunk Driving: DUI or DWI it doesn't matter
You know it's a problem to drink and drive. Drinking and driving
is the most frequently committed crime. 115 people a day die
from car accidents. Of that, 47 had been drinking. Most of the
accidents occur between midnight and 3 am. 43% of the fatal
accidents of drunk drivers happen on the weekend. Holidays
always play an important role, too. New Year's Day is number one
at 67%. Fortunately, cars are getting safer and the statistics
are slowing from early 1960's levels.
You don't have to be "drunk" to impair your driving skills. Most
don't appear "drunk" when they get behind the wheel. You have to
allow time to "sober up" after drinking if you have to drive.
Normally, it takes your body one hour to allow your body to
metabolize the alcohol of one drink.
What about driving? Do you have to be behind the wheel? Some
states are very specific about actually driving. Some states use
the term "operating" which can mean sitting in the front seat
fiddling with the radio. Other states are stricter in
identifying you as being able to operate the vehicle, even
though you aren't driving or even have the engine running. And
driving isn't just limited to a car. Most states use the term
"motor vehicle". This refers to any vehicle with a motor -
motorcycles, boats, and some states even include bikes and
horses. A horse?
If you actually want to drink and drive, where can you drive?
You can't drive on any public road or even private land if it
puts the public in harm's way. Literally, most laws say "in the
state" and that, my friends, means anywhere inside the state
lines, private or otherwise.
Your lawyer doesn't have to prove intent, either, as in most
criminal cases. If you had a general intent to drink, then
drove, then you are done. Driving after you have been drinking
shows you had intent.
Its simple folks, if you drink don't drive. And if you are the
driver, don't drink.