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"Operating Under Influence" (Liquor/Drugs)

DRIVING UNDER THE INFLUENCE

Driving under the influence (DUI) or driving while impaired (DWI) or most commonly drunk driving, is a common serious traffic offense in the USA SIMILAR STATE LAW – . It is technically defined as the act of driving while impaired by or under the influence of alcohol and drugs. Note that the drugs part does not only include prohibited drugs but also those recreational drugs usually obtained from popular recreation centers such as bars and clubs. They also included those drugs prescribed by doctors which may cause impairment on the part of the driver in driving properly.

How is it determined?

Just like in most countries, sobriety checkpoints are found every now and then in several places with the aim to apprehending impaired drivers so as to avoid the possibility of road accidents which may be caused by such impairment.

These sobriety checkpoints usually consist of a roadblock of police cars which stop vehicles for routine checks. These policemen employ devices which can measure accurately an individual driver’s blood alcohol content (BAC). Certain ages have legalized amounts of BAC’s. Any excess thereof is penalized:

o    0.08% or higher―Drivers 21 years old or older operating regular passenger vehicles.

o    0.04% or higher―Drivers operating commercial vehicles.

o    0.02% or higher―Drivers younger than 21 years old.

Penalties for DUI

Penalties for this offense are overall grave. Depending on the frequency of the offense, penalties increase in number and intensity. The corresponding agencies may suspend, terminate, or revoke a driver’s license depending on the gravity of the offense. They may also subject a driver top education programs.

FREQUENCY OF OFFENSE ADMINISTRATIVE PENALTY CRIMINAL PENALTY

First Offense License Suspension 45 to 90 days

License Reinstatement Fee ranging from $50-$1200 1 year license suspension

$500-$5000 fine

Jail of up to 2 ½ years

Alcohol Education Program

Second Offense License Suspension

License Reinstatement Fee ranging from $50-$1200

Mandatory installation of IID (Ignition Interlock Device) 2 year license suspension

$600-$10000 fine

60 days – 2 ½ years jail time

Alcohol Education Program

Third Offense License Suspension

License Reinstatement Fee ranging from $50-$1200

Mandatory installation of IID (Ignition Interlock Device) Felony charges

8 year license suspension

$1000-$15000 fine

180 days – 2 ½ year jail or 2 ½ – 5 years prison

Mandatory installation of IID (Ignition Interlock Device)

Alcohol education program

Revocation of Vehicle Registration

Fourth Offense License Suspension

License Reinstatement Fee ranging from $50-$1200

Mandatory installation of IID (Ignition Interlock Device) Felony charges

10 year license suspension

$1500-$25000 fine

Up to 2 ½ years in jail or 2 ½ – 5 years in prison

Alcohol Education Program

Mandatory installation of IID (Ignition Interlock Device)

Revocation of Vehicle Registration

Forfeiture of Motor Vehicle

Fifth Offense License Suspension

License Reinstatement Fee ranging from $50-$1200

Mandatory installation of IID (Ignition Interlock Device) Felony Charges

$2000-$50000 fine

Up to LIFETIME License Revocation

Up to 2 ½ years in jail or 2 ½ – 5 years in prison

Revocation of Vehicle Registration

Forfeiture of Motor Vehicle

Alcohol Education Program

Offenses involving manslaughter (Accidents involving death under DUI) 15 year license revocation (First Offense)

Lifetime Revocation (Second Offense) 5-20 years in prison

Up to $25000 fine

Contact TICKET FIXER FLAT RATE TRAFFIC ATTORNEYS

Given the severity of the administrative and criminal penalties for drivers involved in DUI, it is more than imperative that one involved in it hire not only competent but also experienced lawyers in the field. Lawyers from our firm can help any driver by navigating through the justice system to find the best leeway to bring out the best outcome for the driver in question to avoid such harsh penalties.