One in 12 Americans Admit Driving While Possibly Drunk, Says New FindLaw.com Survey

EAGAN, Minn., Aug. 29, 2008 - More than 30 million Americans will hit the road this Labor Day weekend for one last summer road trip. But a new survey indicates many of those drivers admit they may be driving while under the influence of alcohol.

One in 12 American adults admit they may have driven while drunk within the last year, according to a new survey by FindLaw.com (http://www.findlaw.com), the most popular legal information Web site. The survey found that 7 percent of American adults say they have driven within the last 12 months even though they thought they may have been over the legal blood alcohol limit for drinking and driving in their state.

While driving under the influence (DUI) and driving while intoxicated (DWI) laws vary by state, according to the legal experts at FindLaw.com, all 50 states currently define drunk driving as having blood alcohol concentration (BAC) of 0.08% or higher. However, a driver can still be arrested and convicted for a DUI if they have a BAC below 0.08% when there is other evidence of impaired driving.

Here are some legal tips about DUI laws offered by FindLaw.com:

Play it safe; call a cab. Besides putting your life and those of others in danger, some states give police the authority to make a DUI arrest on probable cause if you are intoxicated and in your vehicle with your keys, even if the vehicle is not moving.

DUI laws involve more than just alcohol. DUI laws are not limited to alcohol use. Most states take into account any substance, including marijuana, prescription drugs and even over-the-counter drugs, such as antihistamines, which may impair a driver's ability to think clearly and safely operate a motor vehicle.

Think twice before refusing a sobriety test. You may refuse to take a chemical test (blood, breath, urine), but almost every state has a so-called "implied consent" law, and under such laws a refusal can result in suspension of your driver's license for three to 12 months. This is true even if you're eventually found not guilty of the drunk driving charge. Further, if your drunk driving case goes to trial, the prosecutor can tell the jury that you wouldn't take the test, which may lead the jury members to conclude that because you refused you were, in fact, under the influence. In states such as California, juries are instructed that they may infer that you were conscious of your own guilt.

Get a lawyer. Because defending against a charge of driving under the influence requires an understanding of scientific and medical concepts, it's best to hire an attorney who specializes in DUI law. If you need to find a lawyer, go to www.findlaw.com, which can help you locate an attorney specializing in DUI and DWI law.

Cooperate at sobriety checkpoints. Even if you have not consumed any alcohol or drugs, you should cooperate with law enforcement authorities if instructed to pull over at a drunk driving checkpoint, which an increasing number of states conduct during major holiday weekends, such as Thanksgiving and New Year's Eve.

Free information on DUI and other traffic laws, including a video explaining DUI laws, can be found at the FindLaw.com DUI/DWI Center: http://dui.findlaw.com/.

The FindLaw survey was conducted using a demographically balanced telephone survey of 1,000 American adults and has a margin of error of plus-or-minus three percent.

Note to editors: Full survey results are available upon request.

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