It depends on the state, but nearly all states have strict laws against driving under the influence or operating under the influence. Driving while under the influence is an illegal action, which is often known as a misdemeanor in the court of law.

Some states, on the first offense, will pull your license, impound your vehicle, and throw you in jail. Once you are at jail you will await to visit the judge, which is the next day, unless you are arrested on the weekend, then you will visit the judge on Monday the following week. Your blood level must read 0.8 in most states before you are considered operating under the influence or else driving under the influence.

Driving under the influence (DUI), operating under the influence (OUI), and driving while under the influence (DWI) are three terms for similar acts; however, the differences in some states can mean a difference in the penalty you receive. DUI/OUI/DWI laws are tricky since in few states the law must have probable cause to pull you over.

If you are not weaving on the highway or committing any crime that lead the officer to believe that you are driving under the influence, then you may have a chance in the courtroom to fight and win the case. However, in some states, the law can pull you over regardless and often does not need any reason as to why you were pulled over.

Still, the law is obligated to read you your rights, and if the officer fails to do so, you may have a win case. The best advice you can get for DUIs is to avoid drinking drunk altogether. If you plan to go out on the town, ask someone who is not drinking to go with you. Otherwise, if you had a party at work and drank some alcohol, you should try to wait at least an hour before leaving the building, unless you had more than one drank.

Finally, if you are arrested for DUI/OUI, it is in your best interest to plead not guilty and to force the prosecution to prove that you were in fact under the influence. If you are innocent, it is unlikely that the prosecution will be able to prove that you weren’t.