Drunk Driving Laws- Some Details About Them
Drunk driving refers to a person driving a motor vehicle under the influence of alcohol or any other intoxicating substance. Drunk driving or driving under the influence is a punishable offense. The penalties for drunk driving are getting harsher with every passing day. In short the drunk driving laws in the United states Of America are very strict. Drunk driving laws are a very complex bunch and these laws usually vary from one state to another. The punishment in every state also differs according to the laws of the state. For example every state has a different legal limit of blood alcohol content. If the offender's blood alcohol content is found to be above the legal limit then the offender is arrested and is penalized.
The laws state that accused who is suspected of drunk driving should be made to give a blood and urine test. Then a Breathalyzer test should be done to assess the blood alcohol concentration (which is the quantity of alcohol found in the accused's blood). When the accused is found to have a BAC more than the legal limit then he/she may be fined, sent to jail, his/her license can be canceled and he/she could be sent on probation. In some cases the vehicle can also be impounded. The present days laws in the United States define two separate and distinct criminal offenses. The first offense is the traditional drunk driving offense. It refers to driving under the influence of alcohol and/or any other intoxicating substance. The evidence needed for drunk driving or DUI/DWI is any observation made by an officer about the erratic driving of the accused, unsteady gait, slurred speech, etc. Also considered is a report of a blood alcohol test. The second offense is the per se offense. The term has been coined recently. The evidence needed for proving this offense is at least 0.08 % of blood alcohol content (BAC) at the time of driving. Both the offenses are different but the offender can be convicted for both the offenses. The drunk driving laws charge an offender with a misdemeanor or a felony depending on the situation. For example, if the offender has been caught violating a traffic rule or there is an injury caused to someone by the offender then he/she will convicted with a felony and if the offender has damaged a property then the conviction will take the form of a misdemeanor. The drunk driving laws are being followed very strictly in the United States due to which there has been a visible decrease in the drunk driving statistics. The message is clear to all the offenders- there is going to be no mercy for anyone. |