Drunk Driving Charges and Laws

The statistics regarding drunk driving is staggering and alcohol related traffic crashes are one of the leading causes of traffic fatalities and injuries. Even more sobering is the fact that motor vehicle crashes are the leading cause of death for people ages 15 to 20. Alcohol and its affects has no age limit and coupled with a moving vehicle and alcohol impairment, one can see the writing on the wall insofar as the likelihood of death or injury. 

Legislators have recognized and appreciate the statistics and have worked tirelessly to enact laws that will punish severely anyone who has been convicted of driving while under the influence of alcohol. As a result, there has been some movement in the decrease of impaired driving deaths for our youth, but still the numbers remain high for older Americans. The progress for young drivers is due, in large part, to the diligence of these legislators, better laws and more vigorous enforcement.

Definitions

No matter what state you reside in, it is a crime to operate a motor vehicle while under the influence of alcohol. Each state varies in what they call the specific offense, however. It can be called driving while under the influence (DUI), driving while intoxicated (DWI), operating under the influence (OUI) or operating a motor vehicle while intoxicated (OWI). In any of these instances, if a driver’s ability to operate a motor vehicle is affected or impaired in any way by the use of alcohol, prescription medicines, such as painkillers, over-the-counter medication or illegal drugs, or the driver’s blood-alcohol level is such that he is considered intoxicated above an established DUI standard, then he has violated that state’s motor vehicle laws and is subject to penalties which can be in the form of fines, imprisonment or both. 

Blood Alcohol Content

All states have established a threshold limit of blood alcohol concentrations (BAC) above which someone is deemed to be intoxicated. For instance, in California and New York, any driver with a BAC at or above .08 is considered intoxicated in the eyes of the law, and no additional proof of driving impairment is necessary.

Laws

In order to combat the frequency of persons driving while under some forms of impairment, some states have enacted "zero tolerance" laws. The state will have in place what level of BAC is that defines impairment for that jurisdiction. The prosecutor does not have to prove the level of impairment or what the driver’s level was, simply that he met that threshold. Also, there are certain drugs that fall under the zero tolerance policy. If the drugs are found in the driver’s system, he will be prosecuted under the zero tolerance provisions. States that have “zero tolerance” laws in place send a consistent and tough message regarding alcohol use and operating a motor vehicle.

Enforcement of zero tolerance laws and motor vehicle laws in general have been somewhat difficult because of their design. Enforcement officers and community leaders must work together to identify problems with the laws or policies in an effort to reduce or eliminate those problems. Judges must be swift in their punishments and punish first time offenders as well as repeat offenders rather than be mindful of public opinion. 
 

State Drunk Driving Records