by Neal Spoton

Some states in the U.S. now have two statutory offenses relating to DUI charges. The first is the traditional offense, variously called driving under the influence of alcohol (DUI), driving while intoxicated or impaired (DWI) or operating while intoxicated or impaired (OWI). The second and more recent offence is the so-called illegal (per se) offense of driving with a blood-alcohol concentration (BAC) of 0.08% (previously 0.10%) or higher (which remains the highest allowed level of blood-alcohol in the world). The first offense requires proof of “intoxication,” although evidence of BAC is admissible in a court of law as “rebuttably presumptive evidence of that intoxication”; the second requires only proof of BAC at the time of being in physical control of a motor vehicle. An accused citizen may be convicted of both offenses, but may only be punished for one of the two.

It is recognized as a criminal offense in all states to drive a vehicle while under the influence of drugs (DUID), or under the combined influence of alcohol and drugs; the drugs themselves need not be illegal, but can be prescription or even “over-the-counter”! Matter of fact, in some states, the effects of some herbal remedies (such as “Kava Kava” extract) fall into this category. This offense requires physical evidence of driving impairment as a result of the drugs or combination of drugs and alcohol — although some states have passed laws making driving with the mere presence of certain strange/ street drugs a criminal offense, in and of itself — its new, but on the books.

Some of the states in the United States also include a lesser charge of driving with a blood alcohol content (BAC) of 0.05%; other states limit this offense to younger drivers, under the age of 21. All states also now have zero tolerance laws: the license of anyone under 21 driving with a BAC of .01% or higher (.02% in some states) are sometimes suspended. The blood-alcohol limit for commercial drivers is 0.04%. Commercial drivers are also subject to stricter punishments for exceeding the blood-alcohol limit. Why, you ask? Why do you think??

Bus drivers may not drive less than 8 hrs. after drinking alcoholic beverages, while under the influence of alcohol or any “street” drug, or while showing a blood alcohol concentration equal to or greater than 0.04 grams per decilitre of blood.

The various versions of “driving under the influence” generally constitute a misdemeanor (punishable by up to one year in jail). However, the offense may be elevated to a felony (punishable by a longer term of imprisonment in some ungodly state prison) if the incident caused serious injury (felony D.U.I.), death or “vehicular homicide”, or a state specified dollar amount of property damage or if the defendant has a designated number of prior D.U.I. convictions within a given time period (commonly, 3 prior convictions within 7 years). California, which is being followed by a growing number of states, now charges second-degree murder where the legal state of mind of malice exists”that is, where the defendant exhibited a reckless indifference to the lives of others.

About the Author:
Neal Spoton constructed an internet resource for D.U.I. legal services after 21 years as an D.U.I. lawyer. Think you need some inside information to figure out your own D.U.I. or D.U.I.D situation? Click Right Here on D.U.I. Attorney.

Tagged with: • • • • • • • • • • • • • • • • • • • • • • • • • • •

Filed under: Lawyer

Print This Post Print This Post

Like this post? Subscribe to my RSS feed and get loads more!