“You’re drunk. They’d arrest you on the spot… I’m not drunk. Fine, you’re not drunk, but you’ve been drinking, and there is a law that says you can’t drive when you’re drunk. It’s called driving while intoxicated or driving under the influence or something like that. I’ll drive.” – Ian McClellan, One Undead Step
This quotation by Ian McClellan is an example of a typical conversation between a drive which has had too much to drink and a good friend who is determined now to let his mate drive drunk. The actual communication between the two friends, not recorded here, includes the following falsehood:
“There’s no law against driving a car when you’re drunk.”
The legal definition of these terms, DWI (Driving While Intoxicated), DUI (Driving Under the Influence), and drunk driving, make it very clear that you may not operate or drive a vehicle when your blood alcohol concentration is over 0.08. If you are driving a commercial vehicle, the maximum allowed blood alcohol concentration is only 0.04.
Being convicted of drunk driving or being under the influence of an illegal substance like recreational drugs, with the exception of Marijuana, is a criminal offence and is punishable by a fine, jail time, driver’s licence cancellation, and a criminal record.
Tips to help you survive being arrested for a DWI
Let’s assume that, for this article, that you have been drinking, your blood alcohol concentration is way over the limit, you insist on driving yourself home, and you’ve been pulled over by the police in a routine traffic stop and being arrested for drunk driving.
As the title of this article states: What now?
To answer this question, here are a few tips to help you navigate your way through this serious situation you find yourself in:
Do not resist arrest
Drinking alcohol has a different effect on each individual who has one or more drinks. According to the National Institute of Alcohol Abuse and Alcoholism:
“Alcohol interferes with the brain’s communication pathways and can affect the way the brain looks and works. These disruptions can change mood and behaviour and make it harder to think clearly and move with coordination.”
In summary, some people get super-friendly while others end up displaying belligerent, aggressive behaviour. And, the angry drunk has a higher risk of fighting with the police and attempting to resist arrest; consequently, ending up with additional charges to the original drunk driving charge.
Therefore, it is vital not to resist arrest when you are pulled over.
Hire a DWI legal expert
The second most important thing to do is to contact a drunk driving lawyer. If you live in Rochester, MN and need a defense lawyer, then conduct some online searches for a Rochester DWI attorney and they will be able to assist you with your case.
Additionally, the rationale behind not fighting with the police officers when you are arrested also has merit here. If you end up facing additional charges like resisting arrest, it will be more difficult for your attorney to successfully argue for bail and a reduced sentence with no jail time.
The only conclusion that can, and must, be drawn here is that it is a terrible idea to drive while under the influence of alcohol or illegal drugs. The consequences both to you and your accident victims, if you cause a motor vehicle crash, can be severe and have a serious impact on everyone involved.
Bluntly stated, if you cause an accident while drunk driving that results in the death of any one of the accident victims, you will probably spend the rest of your life in jail.