DUI FAQs
It is a criminal offense to operate vehicles while under the influence of legal or illegal drugs. Being under the influence of antihistamines, painkillers, alcohol or drugs is considered “driving under the influence.” DWI stands for “driving while intoxicated,” OMVI is “operating a motor vehicle while intoxicated,” or OUI, “operating under the influence.”
During a field sobriety test, the driver of the vehicle has to perform simple physical or cognitive tests to determine sobriety. One of the tests is walking a straight line heel-to-toe and turning at the end to repeat. Another is standing with his/her feet together and leaning one’s head backwards, or standing on one leg. The officer can move a penlight in front of the driver’s eyes and ask the person to follow the light with his/her eyes [also referred to as “horizontal gaze nystagmus test”]. This test is pretty accurate if administered well. A Breathalyzer unit [a hand-held tool] can be used too, which measures the driver’s blood-alcohol concentration [BAC].
You could get released in a short period of time by posting bail or being released on “your own recognizance.” With a posting of bail, a family member or bail bondsman pays an amount to get you released, which basically is a promise that you will return to court for the following proceedings: an arraignment, a preliminary hearing, pre-trial motions, and finally, the trial. With a bondsman, usually a 10% portion of the bail is compensated for your discharge, and you are responsible for signing a “bond” that you will appear at court.
A plea bargain means your approval of pleading guilty to a lesser charge than a DUI. This may be a reckless driving charge, public intoxication, or an open container violation. Your time in prison will be coordinated between the prosecuting attorney and your own attorney without you having to go to court. The consequences may include attending driving school, completing community service, or paying a fine. The consequence depends in large part on the severity of your crime.