Drunk Driving, DUI, and DWI FAQ

Questions:

• How drunk or high does someone have to be before he can be convicted of driving under the influence (DUI) or driving while intoxicated (DWI)?
• How can the police find out whether a driver is under the influence or intoxicated?
• Do I have to take a breathalyzer, blood test, or urine test if I am stopped for DUI or DWI?
• If I'm stopping for driving under the influence, am I entitled to talk to an attorney before I decide whether to take a breath, blood, or urine test?
• If I'm stopped for driving under the influence (DUI) or driving while intoxicated (DWI), can a police officer ask me questions without reading me my rights?
• I've been charged with drunk driving/driving under the influence/driving while intoxicated. Should I get a lawyer?
• I was pulled over at a DUI/DWI roadblock and asked to wait and answer a police officer's questions. Is this legal?

Answer:

How drunk or high does someone have to be before he can be convicted of driving under the influence (DUI) or driving while intoxicated (DWI)?

It's illegal to drive a car while "impaired" by the effects of alcohol or drugs (including prescription drugs). This means that there must be enough alcohol or drugs in the driver's body to prevent him from thinking clearly or driving safely. Many people reach this level well before they'd be considered "drunk" or "stoned." 

Additionally, an adult who has a blood alcohol content (BAC) level of .08% or above is guilty of a DUI (driving under the influence) or DWI (driving while intoxicated) -- no matter how sober the driver feels, or how well that person was driving.

However, almost all states consider drivers under the age of 21 to be driving under the influence of alcohol if their BAC is at or greater than .01% or .02%, depending on the state.