Posts Tagged ‘drunk driving’

Understanding DUI

Posted on October 16th, 2009 by by Richard Milford

It seems like these days almost everyone knows someone who has been arrested for a DUI. The surprising thing is that despite the commonality of the phrase there is a lot of misunderstanding regarding what a DUI actually is.

DUI is actually an abbreviation for driving under the influence and many falsely assume that is when someone is caught driving drunk. However, that is not just right since a DUI isn’t restricted to just the consumption of alcohol. It can also include legal and illegal drugs. Another mistake is to believe that a DUI can only be charged to people driving a car. The truth of the matter is that a DUI can also be given to people who are operating cars, boats, trucks, planes and motorcycles.

Since a DUI is treated in the same manner as any other criminal offense, the consequences are also more severe. The reasoning behind this is that before you can get a driver’s license that you have to pass the written test and part of that is proving knowledge of what driving under the influence entails. In addition, if you are caught and charged with a DUI then you not only put yourself at risk, but also everyone else on the road.

The usual way to determine DUI is by BAC or blood alcohol content but it is not the only means that can lead to a conviction. From state to state the legal limits are different so be aware of your local limits are.

It is also important to keep in mind that you can be convicted of a DUI for being under the influence of drugs as well as alcohol. Basically, anything that impairs you should keep you from driving. There are even prescription drugs that state you should not operate any machinery while taking them and if you still decide to drive a vehicle then you are putting yourself and others at risk.

However, perhaps the oddest way that you can get a DUI is actually with something that seems nearly harmless. Cough syrups and cold medicines often have alcohol as an ingredient. If you take too much and then get on the road, your blood alcohol level might be above the legal limit.

Should you be arrested for DUI the consequences you face for it depending on the state you are in as rules vary but they also have some in common such as fines, suspension and restrictions on your license, probation and in some cases jail time.

Finally, there is the consequence you don’t think of and that is your automobile insurance. If you are arrested for a DUI and convicted you will have to fill out an SR-22 form and your insurance company may opt to drop you and since you are now “high risk” you also face higher premiums and deductibles because you are considered high risk.

DWI – Driving While Intoxicated

Posted on September 28th, 2009 by by Assistant Editor

For states to receive federal funding they must follow the guidelines set. That would mean DWI, or driving while intoxicated, would be a BAC of .08% which is the equivalent of two beers or less per hour. These set standards are applied to alcohol consumption.

There are times that people who are high on marijuana or other drugs also receive that charge. Most times though, those that have consumed drugs face DUI charges, or driving under the influence. That is actually the same charge people have to face who get caught driving after just sipping a beer, but who don’t reach the BAC of 0.08. Even though those are two different charges, they have the same fines, penalties, jail time, points and need the same amount of money to defend.

Some social drinkers are incredulous to find out these facts, when they drink once or twice a year. They are placed in the same class as those that have more serious drinking problems.

There are still some states that have the old federal guidelines in place, since they believe that the difference can be made up by a sales tax on alcoholic beverages. This can be anything from the drinks in a restaurant ordered with dinner to extra revenue from bars.

The laws basically don’t affect the heavy drinkers with higher BAC levels and that is why many of them just take their chances and drive off anyway. It is the borderline drinkers that usually choose to stay at home than go to a bar. There are many who believe that chasing after social drinkers is a waste of paid taxes and the real problem, which is the heavy drinker, are not being deterred in any way.

Most states have adopted the .08% BAC, and the lawyers can charge quite a bit of money to defend driving privileges. There are other expenses involved, such as SATOP, the mandatory safety program for drivers that drink, in order to get their license back from administrative suspension. The inconvenience of the automatic suspension that occurs before you are ever found GUILTY in court is additional expense and stays on your record for up to five years, in most states on your first offense.

A good lawyer may be necessary, if you find yourself charged. It used to be that you were innocent until proven guilty, but not in the case of DWI charges. In fact, if you don’t take a breathalyzer, you will probably find yourself without a driving license for a year and DWI guilty verdicts can get you up to six months on a first offense and up to five years in prison on your third offense. Many drug dealers don’t get that strict of a sentence.

For that reason alone it is a good idea to hire an attorney should you ever be in such a position. You wouldn’t want a drink with a meal to ruin your whole life and it is sad, but true, that some drug dealers don’t have to face as much trouble as someone who has an occasional drink. This is the result of stricter laws that are now enacted, because that is what the public demanded. This is because there are more accidents caused by drivers impaired by alcohol consumption and in response the number of crackdowns increased and more DWI charges are made.

DUI – A Reason For Relationships To Breakup

Posted on September 26th, 2009 by by Richard Milford

Driving under the influence of alcohol is sometimes taken for granted by most people and they keep on drinking and driving all at once. Some may have avoided the authorities along the way and some may have not. However, people must know of the negative consequences of a DUI.

DUI is one of the major causes of road fatalities each year but these accidents kill both innocent people and the driver that is DUI. The person that is driving under the influence thinks he can drive just fine when in reality his judgment and ability is distorted.

In accidents such as these, so many lives are affected. The driver must go through serving some time in prison, when he could have spent those times doing something more worthwhile for his own betterment or for his family’s.

The families of persons directly affected by the accident also suffer from loss and pain. If for instance that the person hit by the vehicle in the accident is the breadwinner of the family and the person dies, surely his family would suffer terribly.

Despite of the laws and punishments set up by the government to scare people from committing these offenses, there are still too many who have nothing against drinking and driving. Some even take drugs before driving a car or while driving so that they can remain awake. The fact that these drugs are illegal because they do impair mental and physical abilities doesn’t seem to bother everyone. However, there is not even a guarantee that drugs will keep you awake.

While some people prefer to live up to their macho image, authorities are always on the lookout for such. The vigilance of traffic officers today would get you in trouble with the authorities when caught on DUI.

The pains of going through imprisonment, paying a fine, and the suspension of your license are not worth the risk of driving while drinking or being high on drugs. This event not only affects you as a person but affects your whole family as well. At some point you might even be publicized for such an offense which would tarnish your name and your children’s as well.

It is up to you to take precautions against driving under the influence. Even if your friends or family want you to go out and drink with them, you have to make the final decision not to drink before driving home.

Never forget that there is a penalty for driving under the influence, regardless of whether you are high on drugs or have consumed alcohol. Possible punishments include a suspended license, imprisonment and fines. Publicity can only make things worse and ruin your name and maybe even career. If that is not enough, then at least consider what a DUI offense can do to your family.