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Posts Tagged ‘Drunk Driving Laws’« Older EntriesDrunk Driving Laws in HoustonPosted on Jul 01, 2010
Houston has severe drunk driving laws depending on the intensity of the offense. If you are a minor (below the age of 21), the laws are much stricter. There are law enforcement officers who take care of the cases and deal with necessary actions if someone is found guilty of driving under the influence of alcohol or any drug or driving. The drunk driving laws differ with the state but there are certain concepts and policies common to all states’ drunk driving laws. DWI Laws and Penalties in HoustonThe laws related to driving under the influence of alcohol or driving while intoxicated in Houston are serious because alcohol impairs a person’s judgment and ability to drive safely. There are several punishments associated with the intensity of crime. Below are some of the penalties issued in Houston:
First Offense in HoustonA first offense DUI or DWI in Houston is a Class B misdemeanor. If an open container is found in the vehicle, 72 hours to 6 days jail sentence is possible with a fine of up to $2,000 plus a surcharge ($1,000). The fine doubles to $2,000 if the blood alcohol content is found to be double the legal limit, that is, 0.16%. However, an occupational license may be granted depending on your job. The state also implements zero tolerance law for offenders under the age of 21. If any detectable amount of alcohol is found in the blood of a minor driver, they are subject to criminal offense laws and fines and imprisonment are possible. Second Offense in HoustonIn Houston, the second DUI or DWI offense is considered as a Class A misdemeanor. The penalties include jail time for 3 days to 1 year depending on the intensity of the offense. Also a fine of $4,000 is imposed with a surcharge of $1,500 per year for 3 years. The surcharge increases to $2,000 a year if the person is found to be drunk with a blood alcohol content of 0.16%, double the legal limit issued by the state. The suspension period of license for the offender ranges between 180 days and 2 years. Based on the need of the offender, occupational license may be issued. Also a DWI abuse treatment has to be performed by the candidate for a period of minimum 80 hours. Commercial Vehicle DUI Limit in HoustonIn Houston, a person driving a commercial vehicle must not have a blood alcohol content of more than or equal to 0.04%. Any offender caught in this situation may have to face a suspension of the commercial driver’s license for one to three years. If there happens to be a minor in the vehicle, the driver faces more severe punishments. DWI Laws1 Comment »Drunk Driving Laws Houston DWI LawsPenalties and Cost of Drunk Driving in ArizonaPosted on Jun 01, 2010If you feel like having a drink and hopping behind the wheel, don’t do it in Arizona. Arizona has one of the harshest DUI laws in the country for first time offenders. Lawmakers are trying to decrease the drunk driving fatalities with the ‘Super Extreme’ DUI law. In 2006, Arizona ranked sixth in the nation for drinking and driving related traffic fatalities. Penalties and ConditionsStarting in 2007, being arrested and receiving a drunk driving conviction in Arizona includes additional penalties and conditions. Lawmakers passed a tough new law that requires ignition interlock devices for first time offenders and created a new ‘super extreme’ classification of drunk driver. The ignition interlock penalty is modeled after New Mexico law where officials cite a reduction in alcohol related fatalities since the car disabling device was made mandatory for everyone convicted of drunk driving. ‘Super extreme’ DWI offenders are those who have a blood alcohol content of 0.20% or higher on the breathalyzer test. The new penalties for drivers who reach this threshold include higher fines and a minimum of 45 days in jail. Previously, a judge could suspend part of a jail sentence if the defendant completed a court-sponsored drug or alcohol program. Deterrent to Drunk DrivingThe lawmaker’s intent was to provide a strong deterrent to drunk driving, though Arizona DUI defense attorneys said the strict new laws would clog the court system with those challenging their drunk driving arrests in Arizona. They also cited many hardships, especially for those charged with their first DUI. The Arizona Motor Vehicle Division charged more than 17,000 motorists with a first-time drunk driving offense in 2008. The DUI law will require every one of them to pass a breathalyzer test $100 and it costs $80 per month to maintain it. Most offenders are required to have the device in their vehicles for 12 months, and the cost of the interlock is in addition to court fines of $1,000 or more. Solutions to DUIStatistics show that the majority of those arrested for DUI will not be repeat offenders, leading critics to say the penalties cast a wide net while failing to offer long-term solutions for chronic, repeat drunk drivers. Arizona’s DUI legislation was signed into law by Governor Janet Napolitano in May of 2007. Since then Illinois and Louisiana have enacted similar ignition-interlock requirements for first-time DUI offenders. In Arizona, DUI penalties depend on the level of the charge, and on your criminal record. A previous DUI conviction counts against you as a prior if the arrest date occurred within 7 years (84 months) of the current arrest date. DUI, DWI, Drunk Driving5 Comments »Drunk Driving Laws DUI DWIDrunk Driving Laws and Liability Issues in CaliforniaPosted on Apr 27, 2010It is a crime in California to drive with a blood alcohol content of 0.08 percent or higher. It is also illegal to driver under the influence of drugs – be it recreational or prescription. California Vehicle Code Section 23152 (a) states: “It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.” 1st Drunk Driving ConvictionOn your first DUI conviction in California you will receive jail time of no less than 96 hours and no more than 6 months. The fine will be between $390 – $1,000. Your driver’s license will be suspended for six months, however, the court may grant a temporary restricted license. Your driver’s license will not be reinstated until proof of financial responsibility and proof that you have completed a “driving under the influence” program approved by the state. Depending on the circumstances of the case, a first time drunk driving offense may require you to install an Ignition Interlock Device at your own expense. 2nd Drunk Driving ConvictionA second drinking and driving conviction in California will get you jailed 90 days and to 1 year. The fine will be $390 to $1,000 and your driver’s license will be suspended for 1 year. Your driver’s license will not be reinstated until proof of financial responsibility and proof that you have completed a “driving under the influence” program approved by the state. Depending on the terms of the license suspension, you may be required to install Ignition Interlock Device at your own expense. 3rd Drunk Driving ConvictionYour third DUI conviction in California will mean jail time of 120 days to 1 year. The fine will be $390 – $1,000. You will be considered a “habitual traffic offender” for 3 years following your conviction and have your license suspended for 2 years. Your driver’s license will not be reinstated until proof of financial responsibility and proof that you have completed a “driving under the influence” program approved by the state. You may apply for a restricted driver’s license under certain circumstances by the court; however an Ignition Interlock Device may be required. 4th Drunk Driving ConvictionOn your fourth DUI conviction in California you will receive jail time in a state prison for 180 days to 1 year. The fine will be $390 to $1,000. You will be considered by the state a “habitual traffic offender” for 3 years following your conviction and have your driving license revoked for 3 years. Your license will not be reinstated until proof of financial responsibility and proof that you have completed a “driving under the influence” program approved by the state. You may apply for a restricted driver’s license under certain circumstances by the court. DWI Laws, Drunk Driving1 Comment »Drunk Driving Laws DUI Conviction Ignition Interlock |
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