The term DWI, which is short for driving while intoxicated, refers to the consumption of alcohol. More specifically it is if your blood alcohol content, or BAC, is tested to have levels over 0.08%. That amount is equal to two beers or less in one hour. That is the legal guideline that the majority of states use so that they continue to receive funding from the federal government.

There are times that people who are high on marijuana or other drugs also receive that charge. Most times though, those that have consumed drugs face DUI charges, or driving under the influence. That is actually the same charge people have to face who get caught driving after just sipping a beer, but who don’t reach the BAC of 0.08. Even though those are two different charges, they have the same fines, penalties, jail time, points and need the same amount of money to defend.

When those that drink socially are caught, the fact is that they are put in the same category as more serious problem drinkers. The social drinker who maybe has one drink or two, maybe twice a year, are always shocked to learn of this rule.

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.

Because many borderline drinkers will opt to stay at home rather than have drinks in a bar, the heavy drinkers still take their chances and have higher BACs, in most cases, since they are the ones that the new laws don’t deter or affect any more than they did before. Many people argue that the police are spending more resources and tax dollars going after the social drinkers and not deterring the heavy drinkers any more than they did before.

Most states have adopted the .08% BAC, and the lawyers can charge quite a bit of money to defend driving privileges. There are other expenses involved, such as SATOP, the mandatory safety program for drivers that drink, in order to get their license back from administrative suspension. The inconvenience of the automatic suspension that occurs before you are ever found GUILTY in court is additional expense and stays on your record for up to five years, in most states on your first offense.

If you are charged, then a good lawyer is something you must have. Although you used to be innocent until proven guilty, that no longer applies to DWI charges. Actually, just by refusing the breathalyzer test you will most likely lose your license for a year and if you are found guilty of DWI, then you can also receive up to six months jail time for the first offense and up to five years for your third conviction. Most drug dealers don’t even have to fear those kinds of harsh sentences.

This is the main reason it may be advisable to get an attorney if you find yourself in this position. A drink with dinner can turn your entire life upside down. In some cases, drug dealers have it easier than the occasional drinker, with the stricter laws that have been enacted due to public outcry. More accidents involve drivers that have impaired judgment due to drinking, which is the reason for the crackdown and more frequent issuance of DWI charges, besides the Federal tax dollar incentives for more arrests. If you find yourself charged with a DWI or DUI, you need to seek legal help to protect your rights.