by Richard Milford

For states to receive federal funding they must follow the guidelines set. That would mean DWI, or driving while intoxicated, would be a BAC of .08% which is the equivalent of two beers or less per hour. These set standards are applied to alcohol consumption.

Another charge to that you can be stopped for is known as DUI, which is short for driving under the influence. This charge would apply to those that smoke marijuana or take other drugs. This is the same charge that would be given, for example, if you are stopped and had even just one sip of beer. You would receive the same consequences for both offenses, such as points on your license or you could get jail time, penalties and fines. All are just as costly to defend.

Some social drinkers are incredulous to find out these facts, when they drink once or twice a year. They are placed in the same class as those that have more serious drinking problems.

The old federal guidelines, which are not as strict, are still followed in a few states which make their extra money with sales tax from restaurants and bars where drinks are ordered.

It is the opinion of many people that too much of revenues are spent going after the social drinkers, which is why they will opt for a drink at home rather than take a chance of being stopped. Doing that when in reality it is the heavy drinkers who even with their BAC levels, do not seem to be deterred from driving no matter what. Many believe that more should be spent on them instead.

With most states following the .08% rule you will spend a lot of money on a lawyer defending your driving privileges but also there is the expense of going to the mandatory safety program, SATOP, in order to have your license returned as a result of automatic suspension. All this is a major inconvenience and comes with high expenses prior to ever being found guilty. Also let’s not forget the court expenses and the fact that it remains on your record for up to five years on your first offense in most states.

A good lawyer may be necessary, if you find yourself charged. It used to be that you were innocent until proven guilty, but not in the case of DWI charges. In fact, if you don’t take a breathalyzer, you will probably find yourself without a driving license for a year and DWI guilty verdicts can get you up to six months on a first offense and up to five years in prison on your third offense. Many drug dealers don’t get that strict of a sentence.

For that reason alone it is a good idea to hire an attorney should you ever be in such a position. You wouldn’t want a drink with a meal to ruin your whole life and it is sad, but true, that some drug dealers don’t have to face as much trouble as someone who has an occasional drink. This is the result of stricter laws that are now enacted, because that is what the public demanded. This is because there are more accidents caused by drivers impaired by alcohol consumption and in response the number of crackdowns increased and more DWI charges are made.

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