The laws of driving under the influence or driving while intoxicated in the United States are very specific. All 50 states define it as a crime to drive with a blood alcohol at or above 0.08 percent. If you are found to be with this percentage, then your driver’s license will be revoked or suspended under a procedure called administrative license suspension. If you refuse to take a chemical test, your license is taken before a conviction. These administrative suspension laws are independent of criminal procedures and are usually set in place right after your arrest. They are found to be more effective than post conviction sanctions. You will find that 41 states and the District of Columbia have these laws in effect and the drunk driver will be charged with them.
Forty-five states have a law that permits some offenders the choice of driving with a device attached to their vehicle’s ignition. This interlocking device performs a Breathalyzer test each time the operator of the vehicle tries to drive. If the operator has alcohol in his/her system, the device disables the vehicle and stops the driver from going anywhere.
For repeat offenders of DWI, in 30 of the states, your vehicle may be taken from you when you are stopped and deemed to be intoxicated. Forty-three of the states have laws that prohibit the driver or passengers of a vehicle to have open alcohol in the car at any time.
The consequences of DUI vary with the circumstances of the driver; for example driving with an alcohol level of .07 can get you a $500 fine, 8 points lost on your license for a duration of 2 months, and up to a 60 day suspension for first offenses. These charges can include one or all of the aforementioned penalties. If you are found with driving under the influence of a .08 or higher, the fine can be as high as $1,000, a 1 year suspension and 12 point loss on your license, and a mandatory 45 day suspension for a first time offender. For those found underage drinking and driving with a .02 there is a $500 fine and for refusing the breath test there is a mandatory suspension of 120 days.
Besides being driving under the influence, there are circumstances that can make your punishment harsher than the normal drunk driving, such as having a child in the car. If you are caught speeding while driving drunk, the greater your alcohol level the greater your punishment. You will also receive a stiffer penalty for refusing to give the necessary test when asked, if you have an accident, damage or injury, especially loss of life, if you are under age, and if you have had prior convictions for the same problem. In most states, if a person is injured even if it’s a passenger, it is considered a felony and can be charged with manslaughter or even murder.
The consequences of driving under the influence depend on many factors. If it is your first offence you could get a fine, possible jail time or community service with a suspension of your license along with a mandatory attendance of an alcohol education program. If you’re a repeat offender jail time will almost be certain as a requirement, as will a much longer participation in alcohol abuse program. You will also be required to attend AA programs, have a device installed on your vehicle, or have your vehicle impounded.
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