Posts Tagged ‘DWI Law’

Drunk driving has long been a major thorn in the side of policy makers. Billions of dollars are spent each year to implement policies and strategies that realize a reduction in road fatalities because of drunk driving. Increased fines, introduction of prison terms, suspension and cancelation of driver’s license are only some of these strategies.

Statistics show that of the 275,000 road fatalities in the USA each year, at least 18,000 of that number are from are directly related to DWI. As a result, there is an unfortunate but alarming fatality rate due to DWI of one DWI related death in every thirty-nine minutes. To be charged with a DWI offence, the driver’s blood alcohol content (BAC) must be over 0.08. Some states have lower levels of 0.07 especially for young drivers who lack the necessary experience required to navigate difficult circumstances.

States with Highest DWI Cases

Different states have different levels of DWI cases for several. Some of these are because of natural causes while others are man-made.


California: Each year there are over 200,000 DWI related accidents in California. Of this amount, almost 4000 result in fatalities. This high amount of DWI related charges are due to a number of reasons. First, to reduce the number of drunk drivers on the road, the Department of transport of the state of California has stipulated that individuals under the age of twenty-one are not allowed to drive with a BAC level above 0.01 to 0.5. Breaches result in revocation of license and mandatory drunk driver visitation programs. In addition, drivers are not allowed to drive while having an open alcoholic beverage in their possession.


From a cultural standpoint, Californians are known to have a wild side. The lifestyle of the many rich and the famous does little to quell the high rates of DWI cases in California. These individuals sometimes display a carefree attitude and consume high volumes of alcohol that results in them being charged for DWI.

Alaska: Weather is a major contributing factor to the high rates of Alaska’s high rate of DWI charges and road fatalities. Alaska has one of the longest winters and like countries such as Russia, the population consumes high volumes of alcohol in order to keep their internals warm. Couples the high level of alcohol consumption with icy roads and you have an accident just waiting to happen. To stem the tide of DWI, the Alaska Road Safety Department has stepped up the drive to control the high volumes of road fatalities. They have increased fines, spot checks, prison time and termination of driving license.


Texas: Texas is another state with high DWI cases and road fatalities. The number of DWI cases is influenced by the stringent laws implemented by the state to curb accidents related to DWIs. According to Texas DWI Law, an individual who is above the age of 21 is declared drunk once their BAC level is above 0.08. For individuals below 21, any traces of alcohol regardless of how small will result in one being charged with DWI. Hence, with increased patrols the number of reported cases seems high. In addition, they also charge drinking establishments under the Dram Act that holds these sellers responsible for allowing a drinker to drink until they are a danger to themselves and others.

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.

Driving under the influence of alcohol is an issue of serious concern. With the increase in the percentage of drunken driving accidents, addressing drivers who drive their vehicle under influence of alcohol has become serious issue.

Penalties for Drunk Driving

Imposing penalties on those individuals who engage in drinking and driving is to curb their drinking and driving habit. Advisory notes and warnings were not effective in stopping the incidence of DWI accidents and mishaps. Efforts to create awareness among public especially among the drinking population about the dangers and risks involved in drinking and driving do not have a wide reach.
It is only by punishing those who exhibit irresponsibility and carelessness can the menace of Drunk Driving be curtailed seriously. The regulations, penalties and punishments prescribed for DWI convicts have been tabled for your reference and clarity.

It is easy to pass a law and impose punishments, what is difficult is to drive the issue clearly in the minds of people who repeatedly violate law and endanger both their lives and the lives of all others on road. So friends, hope this article was as effective as informative. Please write to us a changing incident that helped you stop a drinking and driving.