DUI Penalties May Help Reduce Impaired Driving Offenses

2007-03-08 10:33:40

( Legal )



Perhaps you are aware that recent statistics indicate that an estimated three of every ten Americans become involved in an alcohol-related traffic crash some time in their lives. The national highway safety and transportation agency estimates that the economic cost of alcohol-impaired driving reaches at least fifty billion dollars annually. For this reason, the agency has made the reduction of drunk or impaired driving one of its top priorities.

You will understand from these statistics why lawmakers and law enforcers have tried to find a valid way to determine if drivers are under the influence of alcohol, and to impose appropriate DUI penalties.

State statute often defines illegal levels of blood-alcohol concentration (BAC). Standards have varied between 0.05 and 0.10 percent across states. In 2000, federal law established a national standard of 0.08 percent BAC for drunken driving. States that don't comply with the standard will lose a portion of their federal highway grants, increasing for each year they remain non-compliant.

Most states have two categories of offenses, misdemeanors and felonies (when serious bodily injury or death has resulted). In case a death has occurred, you would advise the offending party to immediately contact a wrongful death attorney.

On these charges, there would be four possible outcomes: conviction; a deferred judgment or sentence in the misdemeanor or traffic infraction areas, generally only for first-time offenders; a no-contest plea; or a finding of not guilty.

You'll usually find two separate legal agencies that impose DUI penalties: the county or district courts, and the department of motor vehicles.

Similar to most states, California DUI penalties usually involve fines, restitution or community service or, in more severe cases, jail or incarceration. The courts may also impose education and treatment requirements.

DUI penalties may come in the form of license suspension or revocation. The department of motor vehicles handles such driving restraint actions.


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