Everyday drivers are caught under the influence of alcohol. States are imposing tougher sentences for the offenders who break these laws. Below you will find some of the penalties which can be imposed for those caught drinking and driving.
DUI/DWI Laws
All 50 states have now lowered the legal drinking limit, or Blood Alcohol Concentration (BAC) or amount of alcohol found in the blood from .10 to .08. In two thirds of the states, the laws allow the arresting officers to take the license of the offender who refuses a breathalizer or who fails the breath test, this is called Administrative License Revocation. The legal drinking age in all states is twenty one (21). All states have also adopted a zero tolerance law for any driver under twenty one (21) caught with any amount of alcohol in their system. The above all apply to even first time offenders.
Jail Time
DUI laws in each state vary as far as the penalties imposed; however, the trend appears to be going to mandatory jail time, even for first time offenders. Jail time will also vary depending upon the jurisdiction, in some states because of the overcrowding problem offenders may check themselves into jail at 11pm and then leave at 12:01am and get credit for two days of jail time. Jail sentences for first time offenders usually range from one day to one year. Offenders should not rely on the leniency of the judge for their sentencing though, not all judges will allow for the scenario previously noted.
Community Service
A lawyer can usually work with the judge to reduce a sentence to community service, where allowed by law. Some judges will allow the defender to choose a place/charity that has special importance to them, but not all judges allow this. Hours must be recorded carefully, the court will need proof the community service was actually done. Community service will usually also mean less in jail time and less fines. This is designed to give back to the community what you took away. Community service time can range from 20 hours to 200 hours depending on the jurisdiction and the judge presiding over the case.
The above are just two of the penalties that can be imposed when you are found guilty of drinking and driving. If you have specific questions or are in this situation, it is important to speak with a qualified attorney in your area.
