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Archive for the ‘Drinking Law’ Category
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Posted on Aug 02, 2010
There is a surprising lack of binge drinking laws in the United States. Binge drinking is when people drink excessively in a short period of time. There is no agreed upon textbook definition on how many drinks one must drink for episode of drinking to be called binge drinking or a certain time period. However in the United States, binge drinking often means drinking five or more average drinks for men (four or more drinks for women) in sixty minutes for an average adult. One can see the obvious dilemma with this definition it is vague and there are many variables that are not considered.
Passing Tough Binge Drinking Laws in the United States Can Be Tricky
But how does a college student attaching a hose to a keg and attempting to suck it dry fit into the above definition? I think we can all agree that this should be considered binge drinking, yes? However, consider the variables in the results of such actions and you can see the dilemma and this can probably explain why there is currently no binge drinking laws per se in any of the 50 states. Most legislators being lawyers can see that it would be nearly impossible to convict anyone of this crime in a court of law and with the affect of such drinking only causing harm to the DWI offenders it would be tough constitutionally for any such law to stand. It would be like passing laws to limit cholesterol consumption to curb heart disease or binge smoking.
Binge Drinking Problem Can Not Be Cured By Laws
It seems that targeting the problem of binge drink cannot be solved by magic bullet laws that specifically address the issue. The only states that have shown marginal success are ones the pass multiple legislations that focus on the purchase of large quantities of alcohol.
Laws Targeting the Supply Side of Binge Drinking Most Affective
A report from the government agency the Centre for Disease Control and Prevention(CDC) and an Ivy league schools public health organization says that states with laws that target peripheral environmental issues like low priced alcohol, special promotions, and the number of drinking establishments and alcohol retail outlets have had some success in lowering risky drinking in college students. However none of the laws specifically prohibit binge drinking or even mention binge drink because of the obvious issues stated above.
Societal Changes Must Be In Place for Change in the Status of Binge Drinking
It seems the only way to limit this sort of behavior will take social change on a societal level and then after the attitude of society changes in regard to drinking in general then this problem can be reduced.
An Anti-Drinking Prevention Strategy Will Reduce Binge Drinking
So laws that target drinking in general will have more of an effect on binge drinking than laws that are aimed at binge drinking specifically which are non-existent in America today. With this in mind the CDC recommends that states start effective anti-drinking prevention strategies that will have an affect for binge drinking, like increasing state alcohol taxes, enforcing minimum legal drinking-age laws, and enforcing laws prohibiting alcohol sales to already intoxicated persons.
Drinking LawNo Comments »Binge Drinking Drinking Laws
Posted on Feb 05, 2010
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Being involved in a DWI in South Carolina can lead to dangerous accidents. When arrested, you need to take the charges serious as a DWI in your driving record can have long lasting consequences. As the South Carolina DWI laws are quite complicated, getting out of one is quite difficult. A South Carolina DWI attorney can help reduce your penalties as he is competent in the field of DWI laws of South Carolina.
Hiring an experienced South Carolina DWI Defense Attorney
When charged with a South Carolina DWI offense, you need to find out about the options you have to get out of the mess. One of the best options that you have is to do some research and hire a capable DWI Defense Attorney. The next thing you need to do is to collect all the necessary information required for the case like:
- Your complete criminal history, if any, including prior DWI convictions
- Probation you have received from earlier DWI charges along with the necessary documents which indicate that you have been abiding by the rules and conditions of the probation
- Your driving history which is available on the driver record abstract from the South Carolina DMV
- Your employment and family history
A DWI in South Carolina results in two legal actions. The first is the criminal court case with penalties like jail time, fines, probation and license suspension. The second is through the Department of Motor Vehicles of South Carolina, an administrative procedure where your driving license will automatically be suspended. To avoid this you need have a capable DWI attorney by your side to handle your case effectively and to request a hearing so your license is restored.
How a South Carolina DWI Defense Attorney can help?
Finding a reliable and experienced South Carolina DWI defense attorney is quite challenging. You need to collect the following credibility information:
- Adequate experience and a record of fighting and winning DWI cases successfully
- The lawyer is able to spend enough time on your case by listening to you and answering your questions
- Ensure they are aware of the various laws and penalties involved in different forms of DWI in the area
With the help of an experienced DWI defense attorney, you can either get your case dismissed or avoid a guilty verdict. You can put forth your facts and might get reduction in penalties. There are many South Carolina DWI defense attorneys who offer free legal consultation so you get an idea of how to take the case forward.
Getting your driving privilege back after a DWI
Though the first offense carries lighter consequences like a possible jail sentence plus a six-month license suspension, it can still affect your ability to drive. In order to get a restricted license to drive to work, you must enrol in an Alcohol and Drug Safety Action Program with the assistance of an attorney. To get your license reinstated after your suspension period, you need to also purchase special SR-22 insurance for three years at a cost of $3,000 to $4,000 per year. When convicted for DWI, it can affect your employment, scholarships, athletic eligibility and other facets of your life. The consequences are even more severe for subsequent offenses.
When arrested for DWI conviction, your license will be suspended. You can get your driving privilege back if you request an administrative hearing within 30 days of your arrest. If you win the case, your license is restored. Whereas if you lose it, you can still get a restricted license. |
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Alcohol, DWI Laws, Drinking LawNo Comments »DMV DWI Attorney DWI Defence DWI Laws South Carolina
Posted on Jan 29, 2010
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Binge drinking is when you consume five or more drinks on a single occasion. The alcohol consumed is approximately the quantity required to increase the BAC or blood alcohol concentration which is considered to exceed the legal limit to be charged for DWI. Binge drinking can make you impaired and unable to operate a vehicle. It leads to becoming intoxicated due to heavy consumption of alcohol over a short period of time.
Binge drinking in Arkansas is gaining popularity among underage persons and the statistics indicate that in 2000, almost one in five underage persons aged 12 to 20 was a binge drinker with consumption of about five to more drinks on a particular occasion. This rate of binge drinking among underage persons was almost as high as that consumed by adults of 21 years or more.
Effects of binge drinking amount minors in Arkansas
Under Arkansas law, if you are a driver under 21, you are considered legally drunk if your blood alcohol level is 0.02 or more. The Arkansas underage DWI law is applicable to drivers under 21. If it is found that you are below 21 and your blood alcohol concentration level is between .04 and .08, you will be prosecuted under the Arkansas DWI statute which is applicable for persons 21 and over. If you are prosecuted under the underage DWI statutes due to your binge driving, you will face strict charges and the penalties are as follows:

- If you are a first offender, you will be charged with a fine with the amount ranging between $100 and $500. Along with this, you also need to perform public service work as ordered by a judge. Your license will also be suspended for a period of 90 days.
- If you are second offender, the DWI penalties are more severe and your fine will range between $200 and $1,000. You will have to perform community service work for at least 30 days. The license is suspended for about a year.
- Likewise, the third or subsequent offense is considered to be felony with fine between $500 and $2,000. You must also perform community service work for at least 60 days. Your license will be revoked until you reach age 21 or for three years, whichever period is longer.
- If you are an underage driver and your license is suspended as a result of an underage DWI you need to complete an alcohol and driving education program specifically developed for underage drivers, an alcoholism treatment program or both.
Arkansas DWI Attorney
According to Arkansas DWI law, if you are suspected to be operating a vehicle while violating the DWI statute after binge drinking and you are a minor, the state initiates two types of legal actions: criminal action and administrative action. Both the legal actions will lead to suspension of your driving privilege and other additional penalties along with it. The Arkansas attorney can prepare your case effectively to defend you based on the evidence he will collect for you and put forth in the court so that your case will be better and your penalties will be reduced or completely removed. |
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DWI Laws, Drinking Law1 Comment »Arkansas DWI Law Binge Drinking driving while intoxicated Drunk Driving DWI Law
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