Tuesday, November 27, 2012
Did you know that alcohol effects on women are much stronger than men? Yes it is. When a female consumes 2 drinks, she is considered over her limit, where men can have at least 3 before the are over their limit. So if you are sitting somewhere having drinks, please be aware of your alcohol consumption. The best thing to do is have a designated driver.
Monday, November 26, 2012
A young mother was leaving work for the night on Thanksgiving eve. She crossed the street to get to her car and as she crossed the street, there came a vehicle out of nowhere at such a high speed. The vehicle struck the young mother with such a force, it knocked her up in the air. The young mother landed on her back, but the impact fatally wounded the young mother. Later the person that hit her was caught was caught and charged with a DUI/reckless homicide.
The mother left behind 2 small children a husband.
Most often the person that is driving under the influence walks away from the scene with a scratch, while the other person is fatally wounded.
The mother left behind 2 small children a husband.
Most often the person that is driving under the influence walks away from the scene with a scratch, while the other person is fatally wounded.
Holiday Drinking and Driving
It's the Holiday Season. There are so many holiday parties, which leads to drinking and having fun. This is also the time of the season that people are pulled over for driving under the influence (DUI).
This leads to fines, court costs, jail and most often deaths!
Don't let that be you!! I know you want to have fun and you still can but get a designated driver. You can then have a good time and relax. It is the time when deaths occur because of overzealous drinking. The laws are strict and they are becoming stricter because of drunk driving.
The most important matter is that you enjoy the holidays, but be a Responsible Driver!!!
. Have a wonderful and blessed Holiday!!
se
This leads to fines, court costs, jail and most often deaths!
Don't let that be you!! I know you want to have fun and you still can but get a designated driver. You can then have a good time and relax. It is the time when deaths occur because of overzealous drinking. The laws are strict and they are becoming stricter because of drunk driving.
The most important matter is that you enjoy the holidays, but be a Responsible Driver!!!
. Have a wonderful and blessed Holiday!!
se
Monday, August 27, 2012
DRUNK DRIVING LAWS
Drunk Driving Laws
August 2012
All states define driving with a blood alcohol concentration (BAC) at or above 0.08 percent as a crime, although specific laws and penalties can vary substantially from state to state.
Administrative license suspensions allow law enforcement to confiscate a driver's license when he or she fails a chemical test. Several states grant limited driving privileges – such as driving to and from work – to drivers whose license has been suspended if the driver is able to demonstrate special hardship.
Learn More About Drunk Driving
All states have some type of ignition interlock law, in which judges require all or a portion of convicted drunk drivers to install interlocks in their cars. These devices analyze a driver's breath and disable the engine if alcohol is detected.
Federal programs transfer surface transportation funding to theSection 402 highway safety grant program for states that fail to adopt open container and repeat offender laws.
Alcohol exclusion laws let insurance companies deny payment for treatment of drunk drivers' injuries, but they have limited doctors' abilities to diagnose alcohol problems and recommend treatment. Some states have repealed such laws.
Highlights of current state drunk driving laws include the following:
- All 50 states and the District of Columbia have enacted some sort of ignition interlock legislation.
- 17 states (and 4 California counties) have made ignition interlocks mandatory or highly incentivized for all convicted drunk drivers, even first-time offenders.
- 42 states, the District of Columbia, the Northern Mariana Islands and the Virgin Islandsall have some type of administrative license suspension on the first offense.
- 48 states, the District of Columbia and Guam have increased penalties for drunk drivers found guilty of driving with a high BAC (often .15 or higher).
NOTE: GHSA does not compile any additional data on drunk driving laws other than what is presented here. For more information, consult the appropriate State Highway Safety Office.
State | Inc. Penalty for High BAC | Admin. License Susp. on 1st Offense | Limited Driving Privileges During Susp. | Ignition Interlocks | Vehicle and License Plate Sanctions | Alcohol Exclusion Laws Limiting Treatment | ||
*Meeting Federal Requirements | ||||||||
Ala. | .15 | 90 days | Mandatory for high BAC (>.15) convictions | Yes | Yes | Yes | ||
Alaska | .15 (at judges' disc.) | 90 days | After 30 days | Mandatory for all convictions | Vehicle impoundment | Yes | ||
Ariz. | .15 | 90 days | After 30 days | Mandatory for all convictions | Immobilization or impoundment | Yes | Yes | Yes |
Ark. | .15 | 6 months | Yes | Mandatory for all convictions | Vehicle confiscation | Yes | Yes | |
Calif. | .15 | 4 months | After 30 days | Discretionary Mandatory for all convictions in Alameda, Los Angeles, Tulare and Sacramento counties (pilot project) | Impoundment, vehicle confiscation | Yes | Yes | |
Colo. | .17 | 3 months | Yes | Highly incentivized for all convictions | Yes | Yes | ||
Conn. | .16 | 90 days | Yes | Mandatory for all convictions | Yes | |||
Del. | .16 | 3 months | Mandatory for high BAC (>.15) and repeat convictions | Vehicle sanction and license plate impoundment | Yes | Yes | ||
D.C. | .20 and .25 | 2-90 days or until disposition | Yes | Discretionary | Yes | Yes | ||
Fla. | .20 | 6 months for DUBAL | After 30 days | Mandatory for high BAC (>.15) convictions | Impoundment, vehicle forfeiture | Yes | Yes | Yes |
12 months for refusal | After 90 days | |||||||
Ga. | .15 | 1 year | Yes | Mandatory for repeat convictions | Vehicle confiscation | Yes | Yes | Yes |
Guam | From .08 to .10 | Yes | Yes | |||||
Hawaii | .15 | 3 months | After 30 days | Mandatory for all convictions | Yes | Yes | Yes | |
Idaho | .20 | 90 days | After 30 days | Discretionary | Yes | Yes | Yes | |
Ill. | .16 | 6 months | After 30 days | Mandatory for all convictions | Impoundment, vehicle confiscation | Yes | Yes | |
Ind. | .15 | 180 days | After 30 days | Discretionary | Vehicle confiscation | Yes | Yes | |
Iowa | .15 | 180 days | After 30 days | Discretionary | Yes | Yes | ||
Kan. | .15 | 30 days | Mandatory for all convictions | Yes | Yes | Yes | ||
Ky. | .18 | 30 - 120 days | Yes | Discretionary | Impoundment | Yes | Yes | Yes |
La. 1 | .15 and .20 | See footnote | Mandatory for all convictions | Vehicle confiscation | Yes | |||
Maine | .15 | 90 days | Yes | Discretionary | Vehicle confiscation | Yes | Yes | |
Md. | .15 | 45 days | Yes, under certain circum- stances | Mandatory for high BAC (>.15) convictions | Yes | Yes | ||
Mass. | .20 (applies to ages 17-21) | 90 days | Yes | Mandatory for repeat convictions | Vehicle confiscation | Yes | Yes | Yes |
Mich. 2 | .17 | See footnote | After 30 days | Mandatory for high BAC convictions | Vehicle confiscation | Yes | Yes | Yes |
Minn. | .20 | 90 days | After 15 days | Mandatory for high BAC and repeat convictions | Impoundment, vehicle confiscation, special plates/ markings | Yes | Yes | |
Miss. | 90 days | Discretionary | Impoundment, vehicle confiscation | Yes | Yes | |||
Mo. | .15 | 90 days | After 30 days (restricted) | Mandatory for all convictions (eff. 10/1/13) | Vehicle forfeiture or impoundment (cities w/ 100,000+ allowed to enact ordinance) | Yes | ||
Mont. | .16 | Mandatory for repeat convictions | Impoundment, vehicle confiscation | Yes | Yes | |||
Neb. | .15 | 90 days | After 30 days | Mandatory for all convictions | Vehicle immobilization, continuous alcohol monitoring | Yes | Yes | Yes |
Nev. | .18 | 90 days | After 45 days | Discretionary | Yes | Yes | ||
N.H. | .16 | 6 months | Mandatory for high BAC convictions | Yes | Yes | Yes | ||
N.J. | .10 | Mandatory for high BAC (>.15) and repeat convictions | Yes | Yes | Yes | |||
N.M. | .16 (w/ mand. jail on all offenses) | <21: 1 yr.; >21: 6 mo. | Immediately w/ Ignition Interlock | Mandatory for all convictions | Immobilization of vehicle for driving while revoked | Yes | Yes | |
N.Y. | .18 | Variable | Yes | Mandatory for all convictions | Vehicle confiscation | Yes | Yes | Yes |
N.C. | .15 | 30 days | After 10 days | Mandatory for high BAC (>.15) and repeat convictions | Vehicle confiscation | Yes | Yes | |
N.D. | .18 | 91 days | After 30 days | Discretionary | Vehicle confiscation, license plate removal | Yes | Yes | Yes |
M.P. | 30 days - <6 months | Yes | Yes | |||||
Ohio | .17 | 90 days | After 15 days | Discretionary | Impoundment, vehicle confiscation or immobilization, restricted plates | Yes | Yes | |
Okla. | .15 | 180 days | Yes | Mandatory for high BAC (>.15), repeat convictions, and refusals | Yes | Yes | Yes | |
Ore. | .15 | 90 days | After 30 days | Mandatory for all diversions | Yes | Yes | ||
Pa. 3 | .16 | See footnote | Mandatory for repeat convictions | Yes | Yes | Yes | ||
R.I. | .15 | Judicial discretion on 3rd or subsequent conviction | Judicial discretion on 3rd or subsequent conviction | Yes | ||||
S.C. | .15 | 1 month (for >.15 BAC) | Yes | Mandatory for repeat convictions | Vehicle confiscation | Yes | Yes | Yes |
S.D. 4 | .17 | See footnote | Yes | Discretionary | Yes | |||
Tenn. | .20 | Mandatory for high BAC and repeat convictions | Vehicle confiscation | Yes | Yes | |||
Texas | .15 | 90 days if .08 or greater; 180 days for refusal | Yes | Mandatory for repeat convictions | Vehicle confiscation | Yes | Yes | Yes |
Utah | .16 | 120 days | Mandatory for all convictions | Impoundment | Yes | Yes | Yes | |
Vt. | 90 days | Discretionary | Impoundment, vehicle confiscation | Yes | Yes | |||
V.I. | Variable | Yes | Revoke license plate | Yes | Yes | |||
Va. | .15 and .20 | 7 days | Mandatory for all convictions | Vehicle confiscation | Yes | Yes | ||
Wash. | .15 | 90 days | With an ignition interlock driver’s license | Mandatory for all convictions | Mandatory tow and 12 hour impound | Yes | ||
W.Va. | .15 | 6 months | After 30 days | Mandatory for high BAC (>.15) and repeat convictions | Yes | Yes | ||
Wis. | .17, .20 and .25 | 6 months | Yes | Mandatory for high BAC (>.15) and repeat convictions | Impoundment, vehicle seizure/ forfeiture | Yes | Yes | Yes |
Wy. | .15 | 90 days | Yes | Mandatory for high BAC (>.15) and repeat convictions | Yes | |||
Total States | 48 + D.C., 1 Terr. | 42 + D.C., 2 Terr. | 36 + D.C., 1 Terr. | Mandatory For All (17) High BAC (5) Repeat (6) High BAC & Repeat (9) Discretion-ary: 13 + D.C. | Varies | 39 + D.C., 3 Terr. | 37 + D.C., 3 Terr. | 37 |
IN BRITISH COLUMBIA
In October of 2004 the provincial government of British Columbia passed Bill 66: The Motor Vehicle Amendment Act, also known as the Drinking Driving Initiative. The Motor Vehicle Amendment Act gave police additional tools to take drinking drivers off the road, including:
24 hour impoundment of vehicles for drivers who receive a 24-hour roadside prohibition;
Increased fines for driving while prohibited/suspended and extended vehicle Impoundments for up to 60 days for a first offence and 90 days for subsequent offences; and
Requirement for chronic offenders and other high-risk drivers to install an ignition interlock device on their vehicles that requires a breath sample before the vehicle will start.
Also, for the first time in British Columbia, drivers with a Criminal Code drinking driving conviction, and other repeat offenders, had to complete a rehabilitation program before they were allowed to drive again. This program is called the Responsible Driver Program (RDP). All referrals into this program come from the Office of the Superintendent of Motor Vehicles (OSMV).
Under the 2004 legislation, there were six possible "triggering events" which might result in OSMV making a referral into the RDP:
An impaired driving criminal code conviction;
Two 90-day administrative driving prohibitions within 5 years;
Three 24-hour driving prohibitions within 5 years;
A combination of 90-day prohibitions and 24-hour suspensions;
Drivers with 3 or more criminal code convictions who have served a minimum of 5 years in the Indefinite Licence Suspension program;
At the discretion of the Superintendent of Motor Vehicles.
Then in September of 2010 the provincial government proclaimed a new Motor Vehicle Act which includes new impaired driving legislation. Under this legislation drivers found to have a BAC of over .05% are subject to various consequences. With regard to the Responsible Driver Program, drivers who are found to have BACs in the range of .05% to .08% three times in a five year period, or who are found to have a BAC over .08% once, are referred to the Responsible Driver Program.
Once referred to the Responsible Driver Program participation in the program is a requirement for those who wish to either maintain or renew their driving licence. Drivers who enrol in the RDP pay the government a fee of $ 880 plus HST.
Once registered in the Responsible Driver Program, participants complete an intensive telephone interview and are then assigned to one of two alternatives:
Those deemed not to be of significant risk of re-offending are referred to an intensive 8-hour education program.
Those deemed to be of greater risk of re-offending are referred to a 16-hour counselling program.
Participants whose level of alcohol or other drug use indicates that an addiction has been established, are encouraged to contact appropriate community addiction services to further decrease their risk of re-offending.
Participants in both the Education and the Counselling program learn basic information about alcohol, drugs and their impact on driving ability. The program focus is on preventing the harm that results from combining alcohol or other drug use and driving, and the objective is to separate these two activities, not eliminating them.
24 hour impoundment of vehicles for drivers who receive a 24-hour roadside prohibition;
Increased fines for driving while prohibited/suspended and extended vehicle Impoundments for up to 60 days for a first offence and 90 days for subsequent offences; and
Requirement for chronic offenders and other high-risk drivers to install an ignition interlock device on their vehicles that requires a breath sample before the vehicle will start.
Also, for the first time in British Columbia, drivers with a Criminal Code drinking driving conviction, and other repeat offenders, had to complete a rehabilitation program before they were allowed to drive again. This program is called the Responsible Driver Program (RDP). All referrals into this program come from the Office of the Superintendent of Motor Vehicles (OSMV).
Under the 2004 legislation, there were six possible "triggering events" which might result in OSMV making a referral into the RDP:
An impaired driving criminal code conviction;
Two 90-day administrative driving prohibitions within 5 years;
Three 24-hour driving prohibitions within 5 years;
A combination of 90-day prohibitions and 24-hour suspensions;
Drivers with 3 or more criminal code convictions who have served a minimum of 5 years in the Indefinite Licence Suspension program;
At the discretion of the Superintendent of Motor Vehicles.
Then in September of 2010 the provincial government proclaimed a new Motor Vehicle Act which includes new impaired driving legislation. Under this legislation drivers found to have a BAC of over .05% are subject to various consequences. With regard to the Responsible Driver Program, drivers who are found to have BACs in the range of .05% to .08% three times in a five year period, or who are found to have a BAC over .08% once, are referred to the Responsible Driver Program.
Once referred to the Responsible Driver Program participation in the program is a requirement for those who wish to either maintain or renew their driving licence. Drivers who enrol in the RDP pay the government a fee of $ 880 plus HST.
Once registered in the Responsible Driver Program, participants complete an intensive telephone interview and are then assigned to one of two alternatives:
Those deemed not to be of significant risk of re-offending are referred to an intensive 8-hour education program.
Those deemed to be of greater risk of re-offending are referred to a 16-hour counselling program.
Participants whose level of alcohol or other drug use indicates that an addiction has been established, are encouraged to contact appropriate community addiction services to further decrease their risk of re-offending.
Participants in both the Education and the Counselling program learn basic information about alcohol, drugs and their impact on driving ability. The program focus is on preventing the harm that results from combining alcohol or other drug use and driving, and the objective is to separate these two activities, not eliminating them.
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