Legal Definitions of DUIs
D.u.i. laws vary from state to state. The first d.u.i. law was passed in
New York in 1910, which California soon behind. However there area some aspects common to every d.u.i. law. Although the legal level at which a person was considered intoxicated once depended upon the dui law in the particular state, the national standard for conviction under d.u.i. laws is .08%. This means that a person is considered guilty of violating d.u.i. laws when there are eight grams of alcohol in ten liters of blood. Some state d.u.i. laws allow for police to draw blood from those drivers suspected of driving under the influence under a concept known as implied consent.
The implied consent portion of d.u.i laws mean that upon operating a motor vehicle in that state the driver has agreed to allow their blood to be drawn when under suspicion of violating a d.u.i. law. Most states, however, limit the implied consent to the administration of field sobriety tests and or the administration of a breathalyzer test. These portions of d.u.i. law have been considered to not violate the Fourth Amendment protection against unreasonable search and seizure, as well as to not violate the Fifth Amendment protection against the right of self incrimination. Courts have upheld these portions of d.u.i. law because driving is considered a privilege, not a right. The state has also been allowed to implement these d.u.i. laws as an extension of its police power and because the relevant section of d.u.i. law allowed to supplant the personal rights in favor of protecting the community instead. The seeming violation of d.u.i. law to the Fourth and Fifth Amendments is identical to the reason the prohibition against yelling fire in a public setting is not a violation of the First Amendment: the rights of the community are more important than the rights of an individual. D.u.i. law also covers driving while affected by the use of drugs. Conviction under d.u.i. laws for drug use is not limited to those impaired by taking illegal drugs. Even if the person is taking a drug which is proscribed to the individual by a listened physician but results in a diminished capacity to safely operated a motor vehicle the person may be liable to be convicted under the d.u.i. laws in effect in most states.
D.u.i. law also covers the operation of other vehicles. In the United States pilots are not allowed to operate airplanes within eight hours of their last drink of alcohol. The blood alcohol level of a pilot must also be half that of any driver, or four grams of alcohol per ten liters of blood, .04%. Depending upon the state d.u.i. laws can have an effect on individuals trying to affect the operation of other vehicles. Michigan has passed d.u.i. laws which restrict attempts to engage in intoxicated bicycling, horseback riding, buggy driving, use of motorized farm implements, or boating, the latter whether a pilot or passenger, with much the same threshold of intoxication.
