What is a DUII?

Driving under the influence of intoxicants can be based upon the influence of alcohol, a controlled substance, or a combination of the two. Driving under the influence of intoxicants is the act of operating vehicle (this can include a car, truck, golf cart, boat, or even a bicycle) after having consumed alcohol (ethanol) or other drugs, to the degree that mental or motor skills are impaired.

Other Names for DUII

The offense may be called, depending on the jurisdiction, driving while intoxicated (DWI), driving while impaired (also DWI), operating while intoxicated (OWI), operating a motor vehicle while intoxicated (OMVI), driving under the influence of alcohol or other drugs (DUI), driving under the combined influence of alcohol and/or other drugs, driving under the influence per se or drunk in charge of a vehicle. These laws also apply to boating, bicycles, aircraft—all vehicles.

Establishing Guilt

Guilt can be established by the observation of driving symptoms, such as weaving; administering field sobriety tests, such as a walking a straight line heel-to-toe or standing on one leg for 30 seconds; and the subjective opinion of an arresting officer that the driver was under probable impairment. Guilt also can be established through proof that the person’s blood alcohol content was greater than 0.08 percent at the time the person was operating the vehicle.

Rob Crow
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Licensed to practice law in all State & Federal Courts in Oregon.
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