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.
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.
Once the BAC (blood alcohol content), was lowered to .08 it was devastating to bar owners and their business. For the average person the .08 level would be like consuming two beers in one hour or less. There can be license suspension for thirty days minimum even before the court date and the offender being found guilty. These suspensions are mandatory. Then there are the SATOP classes which will cost a couple hundred dollars and don’t forget the legal fees.
Even though alcohol is legal and you can buy it if you are old enough, you still will have to suffer tougher consequences for drinking than you would for another substance like marijuana. You will also have higher defense costs than a drug user and this is especially true if you are just a social drinker and are unlucky enough to get caught.
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.
These new, stricter “drunk” driving laws discourage you from having a drink with dinner or visiting a bar for a birthday party or anything else. The risk of getting caught is what makes some people only drink at home and withdraw from any social setting where they might want to have a drink or two as a social occasion.
One way of avoiding the risk of being caught is to have someone come along to any festivity, such as a birthday party or bachelor party, etc., that will not drink at all to be the driver but some don’t think it is fair for one to be pressured in it and not enjoy the festivities same as they are.
If you are reading this article, then you have every right to be concerned if you already have a DWI or DUI on your record. Unfortunately, the best advice that can be offered is to prepare for tough financial times, since you will spending a lot of money even before you are possibly found guilty in court, Also keep in mind that the mandatory driver’s license suspension doesn’t have anything to do with the outcome of the court’s verdict. In fact, almost every state will immediately suspend your driving privileges and that for at least 30 days. However, a good lawyer can help you to get a hardship license and may even save you from a jail sentence, paying an expensive find and losing your driver’s license for one year.
Tags: Cars