Tuesday, August 18, 2009

Drive While Intoxicated

By Richard Milford

If you are someone who occasionally goes out for a drink after work, then you might be surprised to hear that on the way home you could possibly face a DWI, or driving while intoxicated, charge. This can happen even if you don't think you are impaired. Due to the pressure put on state governments by groups such as Mothers Against Drunk Drivers, also known as MADD, the laws regarding drinking and driving have become tougher. An additional bonus is that this also boosts revenue for the states.

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.

The intent of these stricter laws covering drinking and driving is to make you reconsider before drinking when out eating a dinner, visiting a bar, going to a birthday party or any other social activity. It is the thought of the risk and consequences that make many choose to drink only when they are home and that result is a withdrawal from social gatherings where they would have normally had a drink or two with friends and family.

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.

Chances are if you are reading this, you have reason to be concerned because you have either gotten a DWI or a DUI. The best advice is to be prepared to be out a lots of money, even if you haven't been found guilty, and the mandatory suspension has nothing to do with winning the court case. Most states immediately suspend your license for a minimum of thirty days, whether you are guilty or not. A good lawyer may be able to get you a hardship license and keep you from serving a jail sentence, paying a large fine and losing your license for a year.

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