Posts Tagged ‘Field Sobriety Tests’


Penalties for Drunk Driving

Posted on Nov 12, 2009

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.

S.No Nature of Crime Regulation/Regulatory Bodies Consequence/Penalty
1 DUI/DWI Offense Voluntary Organizations like MADD (Mothers Against Drunk Driving ) Formulation of new DUI Laws since its inception from 1980
2 Underage Drinking Legal Drinking Age Regulation The legal age for drinking is 21 and the same has been adopted in all the states. Underage drivers are convicted under DWI charges if they are found violating Zero Tolerance Tests 
3 Refusing to take FST (Field Sobriety Tests) Administration License Revocation Law Under this law the enforcement officers have power to suspend the driving license of those individuals who refuse to cooperate for on the spot blood and breathe test.
4 Driving under Intoxication Blood Alcohol Content Test Adults testing more than .08 are convicted under DWI charges in almost all the states. Zero Tolerance Test is prescribed for drivers below the age of 21, where they are convicted for DWI offence even if a trace of alcohol is found in their body
5 Repeat Offense Habitual Violators Law Habitual Violators law is imposed on those DWI offenders who have violated the DWI law more than 3 times. There violation is treated as felony, wherein they stand to loose their right to vote and loose their driving license for a long period of time.
6 DUI Offense/ DWI Conviction  Assessment interviews and DUI School and Education While the driving license is revoked under Administrative License Revocation law by the enforcement officials, reinstating the same requires the accused to pass through alcohol assessment tests and DUI School and Education
7 Repeat DUI/DWI Offense Alcoholic Assessment, Medical Treatment The medical treatment involves alcohol assessment, residential treatment program, counseling as prescribed by the counselor
8 DWI Conviction (Reinstating Suspended License) Expensive and Additional Insurance Coverage In order to reinstate the suspended driving license, the insurance company should certify the status of the insurance policy to the licensing authority through SR-22, which will subsequently result in increased premiums and additional insurance requirement
9 DUI/DWI Charges Drunk Driver Accountability Out of the many policies to control intoxicated driving menace, those drivers accused of drinking and driving are made to come face to face with the victims of DWI accidents who will explain their sufferings and loss to the accused. The counselors believe such practices will help violators learn their lessons for their life
10 DUI/DWI Offences DUI / DWI Law Larger fines, penalties and imprisonments depending upon the violations and their frequency

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.

 

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Can Drunken Driving Conviction Affect My Insurance?

Posted on Nov 10, 2009

Drunk driving is definitely a serious trouble and stopping people from getting behind the wheels intoxicated is a herculean task. Inspite of legal restrictions and consequences like Field Sobriety Tests (FST) and DWI people seem to lack awareness.

Laws of the State

Laws differ with States. Have you been under the coverage of DUI or DWI law? In order to get back your driving privileges remember you should submit what is called the SR-22 form to your licensing authority. Once a person is convicted under DWI charges, suspension of driving privileges for a period of atleast 30 days to one year is common in all states. Hence if you intend to restore your driving license soon after DWI conviction obtaining a SR-22 form is a must.


SR-22 form is an evidence of having liability insurance for your motor vehicle. It is a procedure where the insurance company should notify the licensing agency which is usually the DMV (Department of Motor Vehicles) about the status of the liability insurance policy.

High Insurance Premiums

Drunken driving insurance claims are generally very expensive. Where an individual is convicted for drunken driving, he has to approach the insurance company for SR-22 form in order to restore back his driving privileges. Not all companies issue SR-22 forms. In fact many companies terminate the insurance policies or fail to renew them where the individual is convicted for a drunken driving charge. Many states have law in place where it denies the insurance company of its right to terminate the policy of a DWI convict.


Soon after the conviction and issuance of SR-22 form, the insurance premiums of these vehicles double and they even triple sometimes. The insurance company categorizes you (DWI convict) under high risk category. And the impact of high insurance premium continues for a minimum period of 3 years. Repeated offences increase the period of impact.


Inspite of on the spot legal enforcements like field sobriety tests (FST) such as blood test and breathalyzers for testing the Blood Alcohol Content of the individual, cases of drinking and driving have hardly come down. A measure of BAC above .08 is subject to DWI conviction in almost all the 50 states in the nation.


The legal consequences of DWI convicts are severe and involves a number of fines penalties and imprisonments, depending upon the seriousness of the accident, BAC level of the driver (exceeding .08) and age of the driver (underage drinking).

Avoiding High Premium

The best way to avoid high insurance premiums is not to drink and drive. It is certainly not a joke given that a drunken driving mishap has a long list of consequences that follows both in terms of cost and other emotional considerations.


The insurance company is brought into the issue only where you are required to get a SR 22 form for restoring your driving privileges. If you choose to opt for other forms of transport then high insurance premiums may be avoided. Submission of SR-22 form is for restoring your driving privilege whether you own a vehicle or drive a rented car. In other words you are expected to possess insurance even for a rented car.


It is easier said than done. But it is much easier to avoid drinking and driving than facing the consequences and emotional disturbances that come along. You better engage a driver or call a taxi than getting behind wheels while intoxicated.

 
 

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