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Sunday, September 13, 2009

Being Intoxicated When Driving

By Richard Milford

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.

Drunk drivers are involved in more fatal accidents, so states don't make much difference in treatment of those that have a couple drinks after work and those that are alcoholics that down a twelve pack every night after work. You will both have to pay an attorney the same costs and you are both subject to the same penalties, jail time and fines, especially on first offenses.

Bar owners saw their business almost disintegrate when most states lowered the BAC or blood alcohol content to .08. This is the equivalent of two beers in one hour or less for most people. Legal fees can cost quite a bit and that doesn't count mandatory SATOP classes, which can run a couple hundred and then there are mandatory administrative suspensions of your license for thirty days or more, BEFORE you ever go to court and are found guilty.

Penalties for alcohol are higher, even though it is sold legally, than some charges for marijuana use or possession and the cost for your defense higher. It is the same for the person who only stops for a drink or two twice a year.

Such cases may fall under the DUI charge, which is driving under the influence. Most states define a DUI as being when it is obvious to the police you have consumed alcohol, but your BAC test does not exceed the 0.08% limit. The police are allowed to charge you with a DUI if they can just smell alcohol on your breath and that basically means that just one sip of a drink can result in the hassles, expenses and license suspensions that every heavy drinker gets when they are pulled over and caught drinking and driving.

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. - 21396

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