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Tuesday, August 25, 2009

Drive While Intoxicated

By Richard Milford

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.

Bar owners saw their business almost disintegrate when most states lowered the BAC or blood alcohol content to .08. This is the equivalent of two beers in one hour or less for most people. Legal fees can cost quite a bit and that doesn't count mandatory SATOP classes, which can run a couple hundred and then there are mandatory administrative suspensions of your license for thirty days or more, BEFORE you ever go to court and are found guilty.

Considering alcohol is legally sold, the penalties are stiffer than some marijuana charges and cost more to defend, especially for a social drinker that happens to have a drink or two, once a year, if they happen 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.

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.

The standard in the majority of states is a mandatory license suspension, whether you were found guilty or not. If you are reading this it is a good guess your interest is because you have gotten a DWI or DUI, so for starters be prepared to spend a lot of money even if you haven't been found guilty. - 21393

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