September 29, 2009
Being Intoxicated When Driving
It is an all too common scenario. You and co-workers stop after work for a get together and have a couple drinks, and even though you do not feel impaired when leaving you find yourself being pulled over and charged with DWI ( Driving While Intoxicated). State laws have, with pressure from groups such as MADD (Mothers Against Drunk Drivers), tightened up on the law for DWI offenders with an additional boost to the revenue.
Since drunk drivers cause more of the fatal accidents that happen, states don’t bother to differentiate in their treatment of those who occasionally drink after work and those who are alcoholics and drink a 12-pack every day after work. Regardless of which category you fall into, you will have to pay for an attorney, the same fees, penalties, fines and jail times. This is especially true for first time offenders.
After the BAC was lowered in most states to 0.08%, people who owned bars saw business drastically decline. This is because that level is for most people equal to only two beers in just an hour or less. The legal fees associated with drunk driving can be quite a lot and that is without adding the expenses associated with the mandatory SATOP course. That alone can be a couple hundred dollars and then there is also the required administrative suspending of your driver’s license. This is for a minimum of thirty days and that is only what comes before you have your day in court and are found guilty.
Considering alcohol is legally sold, the penalties are stiffer than some marijuana charges and cost more to defend, especially for a social drinker that happens to have a drink or two, once a year, if they happen to get caught.
This is where the next charge DUI, (Driving Under the Influence) comes in. In most states, this is where the police can tell you have had a drink, but you don’t test out at the .08 blood alcohol content. This charge can occur if they smell it on your breath. In other words, you can take ONE SIP of alcohol, and still have the same expense, suspension and every other hassle that a habitual drinker gets when they get caught.
Thought and risk associated with the new stricter laws makes people withdraw from any social settings such as a simple drink with dinner or stopping for a visit at a bar for a birthday. People are staying home and having a drink rather than risk being caught.
Since it would require someone in the group to drive and thereby not allowing them to party, most drinkers refuse to put this kind of pressure on their friends. They don’t go along with this idea, because they don’t think it is fair for the person who will have to abstain from drinking alcohol. However, if you are a drinker then you will just have to learn to accept this due to the DWI laws in existence.
The standard in the majority of states is a mandatory license suspension, whether you were found guilty or not. If you are reading this it is a good guess your interest is because you have gotten a DWI or DUI, so for starters be prepared to spend a lot of money even if you haven’t been found guilty.
Filed under Driving Tips by Richard Milford