drugs or alcohol issues and terms. While the material below attempts to answer common questions in this area, State and local laws may significantly
modify the facts set forth. Because all legal problems are unique, nothing provided here is a substitute for the advice of competent counsel.
We strongly urge you to consult with an attorney licensed to practice in your state about any particular legal problem you may have.
- What is (DUI)driving under the influence?
- What is a blood alcohol level?
- What should i do if i am stopped for drunk driving?
- Is DUI and DWI the same thing?
- What is the maximum punishment granted by the court to a first-time offender charged with driving under the influence?
- Are there long term health risks associated with alcohol abuse?
- What kind of statistics are available for incidents involving impaired driving?
What is (DUI)driving under the influence?
Drinking alcohol and taking certain drugs affects your ability to safely
operate dangerous equipment such as automobiles, motorboats and industrial equipment. In every state it is against the law to operate an automobile if you are so under the influence of drugs or alcohol that you can not
safely operate the motor vehicle. What is a blood alcohol level?
When you drink, alcohol from the drink is absorbed into your blood stream. Various tests have been designed to measure the level of alcohol in your blood. In most states, if your
blood alcohol level is greater than .10, you are presumed to be too intoxicated to safely operate an automobile. However, you can still be drunk even if your blood alcohol level is less than .10. Further, there is a big
push nationwide to have the laws changed in the individual states, to make anyone with a blood alcohol level of .08 or more considered legally too intoxicated to drive a vehicle. What should i do if i am stopped for drunk driving?
If you are stopped by the
police and suspected of drunk driving, you will probably be asked to take some type of test to determine your blood alcohol level, such as a blood test or a breathalyzer test. In most states, if you refuse to submit to
the test as requested by the police officer, your license will be suspended for failure to take the test, regardless of whether you are ultimately found guilty of drunk driving. In Pennsylvania, for example, refusal to
submit to any type of blood alcohol test automatically results in a one year suspension of your driver's license. You can still be prosecuted for drunk driving even if you refuse to submit to a blood alcohol test. While
it is important that you do not make any incriminating statements to the police when you are suspected of drunk driving, you should always act in a courteous and respectful manner to the investigating police officer.
The police officer's testimony could have a direct bearing on your sentencing in a drunk driving case at a later time. Is DUI and DWI the same thing?
Yes. Driving Under the Influence ("DUI") or Driving While
Intoxicated ("DWI") are two of the terms used by various states to mean drunk driving. Drunk driving is considered a serious offense in all states. What is the maximum punishment granted by the court to a first-time offender charged with driving under the influence?
Drunk driving is considered a serious offense in all states. The DUI statute in the state where the violation occurred will determine the extent of the punishment for a first-time
offender. Generally, a first-time offender convicted of the offense (which is usually considered a misdemeanor) is ordered to pay a fine and may be sentenced to a minimum term of imprisonment. A suspension of his or her
driver's license will usually occur as well. There are certain "programs" available to first-time offenders, which allow the defendant's punishment to be decreased under certain circumstances. Further, there
are a number of defenses to a charge of drunk driving that an experienced attorney can raise on your behalf. If you cannot afford to hire an attorney, the court will appoint an attorney for you free of charge. Are there long term health risks associated with alcohol abuse?
As
with any addiction, alcohol addiction presents many health risks. For more information, and help with alcohol abuse, contact your local Alcoholics Anonymous center. The phone number and location of the center nearest
you can be found in the Blue Pages of your local telephone Yellow Pages. What kind of statistics are available for incidents
involving impaired driving? 1. According to Mothers Against Drunk Driving, "MADD", during 1995:
2. An
estimated 17,274 persons died in alcohol-related traffic crashes - an average of one every 32 minutes;
3. About 1,058,990 were injured in alcohol-related crashes - an average of one person injured approximately
every 30 seconds. About 30,000.00 people each year will suffer permanent work-related disabilities;
4.Every weekday night from 10:00 p.m. to 1:00 a.m., 1 in 13 drivers is drunk (with a blood alcohol content of
.08 or more). Between 1:00 a.m. and 6:00 a.m. on weekend mornings, 1 in 7 drivers is drunk;
5.The 17,274 alcohol-related traffic fatalities in 1995 represent a 24% reduction from the 22,715 alcohol-related
fatalities reported in 1985;
6.About two in every five Americans will be involved in an alcohol-related crash at some time in their lives;
7. Alcohol-related crashes cost an estimated $45 billion yearly. An additional $70.5 billion is lost in quality of life due to these crashes;
8.The rate of alcohol involvement in fatal crashes is three and one-third times as high at night than as during the
day. For all crashes, the alcohol involvement rate is nearly five times as high at night;
9.During the period 1982 through 1995, approximately 300,274 persons lost their lives in alcohol-related traffic crashes;
10.In the past decade, four times as many Americans died in drunk driving
crashes as were killed in the Vietnam War;
11.Drunk driving is the nation's
worst frequently committed violent crime. |
