Author: Peter Keane
Source: http://www.whatsdrivingyou.org/resources/reading_room/top10.html

1. Do you have to be "drunk" to be guilty of drunk driving? No. You may not think you are drunk. You may not feel drunk. You may be someone who can "really hold their liquor." But you're probably driving "under the influence" anyway. Your condition may be enough to find you guilty under the law. And, as you may know, if you are arrested there are some very costly penalties.

2. Legally, what is "drunk driving?" In most states, a drunk driving offense is officially known as "driving under the influence (DUI). Or "driving while intoxicated," and it usually has three meanings:

• Driving with any amount of alcohol in your body which causes your physical abilities to be impaired in any way. The arresting officer's opinion makes the difference (he/she determines if you are impaired).
• Driving with a .08 blood alcohol content (BAC) or higher. No impairment of your physical abilities is necessary to be guilty of a DUI if your BAC is .08 or higher. It makes no difference how safe or carefully you are driving.
• Driving with any trace of drugs in your system or with a combination of alcohol and other drugs if your physical abilities are impaired in any way. It doesn't matter if they are legal over-the-counter drugs or prescription medication. If you are driving while impaired, you are guilty of a DUI.

3. For what reasons can a police officer stop you and investigate whether or not you are driving under the influence? The officer must have what is legally called a "reasonable suspicion" based on something he observed about the way you are driving; for example, swerving from lane to lane is "reasonable suspicion." This is a very low standard and can be met by almost anything that appears out of the ordinary and might indicate the driver is under the influence. Holiday checkpoints do not require the officer to observe anything suspicious before investigating. If the officer notices something the matter with your car (a tail light out, for example) and smells alcohol on your breath, then he may investigate further. If you tell him you have had a "few drinks," he may check to see if you are impaired.

4. What will happen if the officer suspects that you are driving under the influence?
The officer will ask you to get out of the car and will instruct you to perform a series of "field sobriety tests." Some of the common tests include:

• walking a straight line toe-to-heel
• balancing on one foot for several seconds
• picking up some coins from the ground
• reciting the alphabet or spelling a word forwards and backwards
• holding your arms straight out from your sides, closing your eyes, and then bringing both index fingers together or touching the tip of your nose.

Most officers carry a chart identifying the BAC level that impacts each of the sobriety tests. It's the officer's judgment, not yours, whether or not you failed the sobriety tests and are impaired.
Some police cars are equipped with video cameras and portable breath meters to document field sobriety tests.

5. What happens if the officer believes that you failed the field sobriety tests? You will be placed under arrest for driving under the influence and you will be read your Miranda rights. You will be hand cuffed, searched for weapons, placed in the back of the officer's car and taken to jail. There, you will be asked to take a breath test to determine how much alcohol you have in your system. On rare occasions, you might be asked for a urine or blood test. You will be booked and held until you post bail or until you are released on your own recognizance. In addition, your car may be towed.

6. What's the difference between taking a BAC test and refusing to be tested? If you take the blood alcohol test (usually by blowing into a Breathalyzer) and your BAC is .08 or higher, then your driver's license will be suspended for three months if it is your first offense. The suspension begins 45 days after your arrest.

When you signed for your driver's license, you agreed to take an alcohol blood test whenever the police request it. So if you refuse to take one, you will automatically receive a "statutory summary suspension" of your driver's license for six months. The suspension begins 45 days after your arrest.

7. Does this mean that you can't drive while your license is suspended? Yes. In most states you can apply for a Judicial Driving Permit (JDP) if you are a first time offender. But, you must show that not driving would cause a real hardship. The JDP limits the times of the day, the days of the week, and the roads that you may drive. Usually, the JDP is granted only to drive to and from work. Also, you may ask for permission to drive to your DUI classes and to monitoring sessions. If you were arrested in another state or are a multiple DUI offender, you must apply for a Restricted Driving Permit (RDP).

8. What can I expect if I am a first offender, with a BAC below .20, and I plead guilty? If you enter a guilty plea at your first court appearance, you will be sent for an alcohol/drug evaluation. Then, you return to court for sentencing. Most first time DUI offenders are given an "Order of Supervision" by the Circuit Court Judge who is hearing your case. This can include a variety of penalties, depending on the results of your evaluation and the decision of the Judge. Some counties require you to have legal representation when you appear before the court.
Risk education and/or substance abuse treatment is usually required. Community service and/or attendance at victim impact panels are common. A fine and court costs are levied. These penalties and requirements are designed to motivate you not to get another DUI.

You will meet with your Court appointed monitor for several sessions while your court case is open to determine if you are observing the Order of Supervision. You may be required to take an alcohol/drug test at these sessions. When Supervision ends, you will have another court appearance for the final disposition of your case.

9. What are the "Zero Tolerance" or "Use It and Lose It" laws? If you are under 21 years old, and have a BAC above .00 to .02 or refused to take a chemical test (depending on each state's zero tolerance laws), and have been convicted of a DUI, then there is a revocation of driving privileges and usually no JDP. Revocation period and JDP restrictions vary state to state, but 2 years is a typical revocation period and one year of no JDP is common.

10. How do the alcohol evaluation and monitor meetings work? Where do you get your DUI Risk Education and treatment if you are a first time offender? There will be court-designated providers of alcohol evaluations for DUI offenses. These agencies may also conduct the monitoring sessions.

The above is an adaptation of a web page developed by KPIX's Legal Analyst