Tuesday, September 29, 2009

Driving 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.

Since drunk drivers cause more of the fatal accidents that happen, states don't bother to differentiate in their treatment of those who occasionally drink after work and those who are alcoholics and drink a 12-pack every day after work. Regardless of which category you fall into, you will have to pay for an attorney, the same fees, penalties, fines and jail times. This is especially true for first time offenders.

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.

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.

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.

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.

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