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Alcohol & Drunk Driving Penalties
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Summary: Penalties for drunk drivers are increasing rapidly.
Even first time alcohol violations have been increased
severely for alcohol related incidents. |
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Penalties For Drunk Drinking and Driving Get Stiffer
Every day drivers are
arrested for drunk driving and under the influence, or driving while
intoxicated, as law enforcement agencies continue to crackdown on these
dangerous offenders. For many of these drivers it will not be their first
DUI offense.
So, what fate awaits these drunk drivers? They may be surprised to find that
penalties for DUI are so high.
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Even the first offense have been increased since they last
checked. Due to the efforts of groups like Mothers Against
Drunk Drivers (MADD), some 1,600 new DUI laws have been
passed nationwide since 1980. And in the world of
alcoholism, this only adds to the effects of alcoholism. All
states have adopted 21 as the legal drinking
age. Two-thirds of the states have now passed
Administrative License Revocation (ALR) laws, which allow the arresting
officer to take the license of drivers who fail or refuse to take a
breath test.
Many states have now lowered the legal blood alcohol
concentration (BAC) limit from .10 to .08 percent for adults, and more
than a dozen states have passed Zero Tolerance laws which prohibit
drivers under 21 from having any measurable amount of alcohol in their
blood system.
Moreover, the penalties have increased for drinking and driving,
especially for repeat offenders. Many state legislatures have passed
laws requiring mandatory jail time for repeat DUI convictions. The fines
have gotten larger, the length of license suspension has gotten longer
and getting a "hardship" license just to go back and forth to work is
getting more difficult.
Facing the Consequences
Although laws differ from state to state, here's a typical routine
facing repeat offenders: Getting an attorney in hopes of getting a
reduced sentence or pleading to a reduced charge is a waste of time and
money in many states. The penalties that the judge must impose are
mandated by state law. In some states even first offenders may be facing
lengthy license suspensions and a weekend in jail.
Many states have passed Habitual Violator laws, which provide felony
penalties for three DUI convictions. These offenders lose many of their
civil rights -- like being able to vote or own a weapon -- as well as
their driver's license permanently or for many, many years.
In order to get that license back, most states now require that
offenders complete some form of DUI school, but it has become a lot more
involved than just sitting in class several hours and passing a written
test.
Now the offender must first go through an assessment interview with a
professional counselor before it is determined what steps must be
completed before the driver's license is reinstated. Typically, the
offender is given a set of questions that are designed to determine the
extent of his "drinking problem."
Assessment of Drinking Patterns
In some states, the certified counselor now has the power to adjudicate
the offender into Alcoholic Anonymous or a medical treatment or
counseling program. The offender does not have to follow the guidelines
outlined by the counselor, but it's the only way he will ever regain his
driving privileges.
The counselor, based on his assessment of the drunk driver, can mandate
attendance at as few as three or four A.A. meetings or, for repeat
offenders, 90 meetings in 90 days, or a 28-day residential treatment
program, detoxification, or other medical treatment.
All of this cost time and money or both -- on top of the fines and
probation fees the offender must pay. But that is not the only cost
involved. Many states also require additional insurance coverage before
returning driving privileges to DUI offenders, and that can run into
some serious money. Then there is the fee most states charge for
re-issuing a driver's license.
All totaled, a DUI conviction can be a very expensive deal indeed,
especially a second or third offense. The costs can be even greater, for
those who receive a DUI as the result of a traffic "accident." Drivers
who were drinking at the time are finding that the courts are placing
more of the liability for damages on them, regardless of the
circumstances of the traffic incident.
Holding Drivers Responsible
The justice system is holding drunk drivers accountable for the damage
they do to innocent victims -- families out for a final weekend of
summer fun -- who are killed or injured on the highways because the
other driver was drinking. The monetary liabilities for such incidents
can run into the millions, not to mention the criminal penalties.
In some areas, part of the DUI school curriculum puts offenders face to
face with victims, who tell their painful stories of how a drunk driver
changed their lives forever. Perhaps personalizing the pain that
drinking and driving can cause will make the offender stop and think
before getting behind the wheel.
Simply stated, society is trying to get the point across that drinking
and driving is no longer acceptable and will not be tolerated.
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