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by Richard Milford

If you are under the influence (DUI) and are caught and stopped by the authorities, it should not be taken lightly by anyone since chances are you will not get away with it.

There is a good reason that so many people have been worried about DUI. It is the cause of many fatal accidents and affects the lives of many innocent people, as well as the offender. To make matters worse, it is legal for an adult to drink how much they want to and that only increases the number of drivers on the road who are under the influence.

A common mistake made by drivers under the influence is that they still think they are capable of driving normally and therefore will never be noticed by the police. However, that is most untrue. In fact, the best drivers around will drive crooked if they are intoxicated due to alcohol consumption. This makes it easy to detect vehicles on the road that are being driven by someone who is under the influence of some substance.

Traffic authorities have different ways and means to detect whether a person is drunk or intoxicated from drugs or other neural compounds. One of their ways is by administering a test to measure the amount of alcohol content in the blood. This is also known as BAC. This is measured as the percentage of alcohol in the blood. In the United States, driving with a BAC of 0.08% or higher is illegal and the any driver found to have a BAC ranging in this percentage will be held liable for an offense.

Another test that traffic authorities administer in determining if the driver is intoxicated is through a Breathalyzer. As the name implies, it involves analyzing the breath of the driver. This is usually done at the time that authorities apprehend violators. Drivers are asked to literally blow some air into a device that reads the blood-alcohol-concentration and if it does not fall in the range of being drunk, the driver is free to go.

Some other officers without Breathalyzers would require drivers to take laboratory test such as urine tests to determine the amount of alcohol in the body of the drivers.

If determined to be intoxicated the driver will then be punished with the penalties under the law of the state they are in. These penalties for a DUI vary by state and one state may have harsher consequences than another. The severity of the penalty also depends on whether or not prior DUI offenses have been committed. The first offense is often lighter than it is for subsequent offenses.

In some states the severity of the charge can vary for the offender depending on age with leniency, to a degree, for minors whereas the grown adult will not.

In the past years, DUI cases have become rampant that authorities have enforced more means in preventing and apprehending drivers while under the influence of alcohol or drugs. More awareness campaigns were done in order to have minors and adults alike learn of the dangers of DUI. The government and the citizens must all work hand in hand to prevent more DUI related incidents in the future.

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by Neal Spoton

Some states now have two statutory offenses. The first is the traditional offense, variously called driving under the influence of alcohol (DUI), driving while intoxicated/impaired (DWI) or operating while intoxicated/impaired (OWI). The second and more recent is the so-called illegal per se offense of driving with a blood-alcohol concentration (BAC) of 0.08% (previously 0.10%) or higher. The first offense requires proof of intoxication, although evidence of BAC is admissible 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 may be convicted of both offenses, but may only be punished for one.

It is also 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. In some states, the effects of some herbal remedies (such as Kava Kava extract) fall into this category. This offense requires evidence of impairment as a result of the drugs or drugs and alcohol, although some states have passed laws making driving with the mere presence of certain drugs a criminal offense.

Some states also include a lesser charge of driving with a BAC of 0.05%; other states limit this offense to 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) will be 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.

Bus drivers may not drive less than 8 hrs. after consuming 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 the big house. However, the offense may be elevated to a felony, punishable by a longer stretch in state prison if the incident caused serious bodily injury where its called a felony DUI, death (vehicular manslaughter or vehicular homicide — my uncle caught one of these for a year), or extensive property damage (a state specified dollar amount) or if the defendant has a designated number of prior DUI convictions within a given time period (commonly, 3 prior convictions within 7 years). However, California, which is being followed by a growing number of the states, now charges 2nd-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. Wow, that could get you life!

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