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Driving While Intoxicated 

Driving While Intoxicated (“DWI”) is considered a serious crime in every state. DWI and Driving Under the Influence (“DUI”) refer to the same crime. Drinking alcohol or taking drugs may affect your ability to operate cars, boats or industrial equipment in a safe manner. It is against the law in every state to drive under the influence of alcohol or drugs if you cannot safely operate your vehicle. If the police observe you driving erratically or violating traffic laws, they are permitted to stop and question you for a DWI violation. If they suspect that you are intoxicated, they can ask you to submit to various tests, including a blood alcohol test.

Blood Alcohol Content
When you consume alcoholic drinks, alcohol is absorbed into your blood stream. The level of alcohol in your blood, called the Blood Alcohol Content (BAC), can be measured by different tests. In most states, you are presumed to be drunk and unable to operate a vehicle safely if your BAC is .10 or greater. This measurement means that your blood contains ten/one-hundredths percent of alcohol. In some states, legislatures have lowered the BAC level defining intoxication to .08.

If the police suspect that you are drunk, they can require you to take a breathalyzer or other test to measure your blood alcohol content. Refusal to take a test may result in an automatic suspension of your license for a long period of time, as much as six months or a year, depending upon the state.

You also can be convicted of drunk driving without the results of a blood alcohol test or if your blood alcohol test result is lower than the statutory amount. A jury may convict you based on evidence that your breath, conduct, language, and motor movements showed that you were drunk and unable to drive safely.

Keeping Holiday Drinking Under Control
It's that time of year - your office holiday party, dinners with family to celebrate. So what harm can a little drinking do? More than most people ever imagine.

Drinking too much alcohol impairs judgment, which can lead to actions that put your health in jeopardy, including driving while drunk, going out in subfreezing temperatures improperly dressed or falling off a curb or down stairs.

The holidays can be enjoyed without drinking alcohol. But if you choose to drink, there are responsible ways to imbibe:
• Set a safe limit for yourself before you start drinking.
• Choose a designated driver -- either a teetotaler or someone you can trust to stay sober.
• Give your car keys to an impartial person who won't be drinking and give him or her permission to keep the keys if you seem incapable of driving.
• Prearrange a safe, alternative way to get home.
• Don't drink on an empty stomach; eating something will slow alcohol's absorption rate.
• Don't drink when tired or taking medication.

If You're Throwing a Party
As a party host, you could be liable if a guest drives away drunk. In the case of an office party, the company is liable. Whoever serves alcohol has some legal responsibility for the actions of those who drink too much, even after they leave. There are many ways to throw a great party, yet protect yourself and your guests from harm:
• Stay sober. The only way you can act responsibly is to preserve your own judgment.
• If you plan to drink at your own party, hire a professional bartender who is trained to recognize intoxicated people and stop them from driving.
• Serve nonalcoholic beer and wine, which are increasingly accepted alternatives to alcohol.
• Offer appealing options to liquor. Concoct a special nonalcoholic holiday punch or eggnog.
• Serve lots of unsalted food along with liquor. People busy eating won't drink as much. Avoid salty foods, which make people thirsty.
• Never let guests mix their own drinks; you lose control of the quantity served.
• Stop serving alcohol an hour before the party ends to give guests time to sober up. Save something fun, such as gift exchanges, until last to keep guests from leaving early, when they are more intoxicated.
• Learn the signs of intoxication, which include slurred speech, aggressive or loud behavior, talkativeness, awkwardness, spilling drinks, fumbling and unsteadiness while standing.
• Do whatever is necessary to keep guests from driving drunk. Take away their keys. Make cab service available. Offer them a couch on which to sleep. Just don't let someone who is drunk get behind the wheel, no matter how much he or she protests.