Drinking and driving is a growing problem in the United States. Everyday drivers are arrested for being under the influence while operating their vehicle. State laws have responded by adopting tougher penalties for those who are caught drinking and driving.
DUI/DWI Laws
All 50 states have now lowered the legal drinking limit, or Blood Alcohol Concentration (BAC)in the blood from .10 to .08. In almost all states, the laws allow the arresting officers to suspend 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 apply to even first time offenders.
Probation
The law is sometimes lenient for first time offenders, depending on the state you have broken the law in. Although some states law will call for jail time for a first time offender, many judges will instead sentence the offender to probation. Probation in lay-mans terms means community supervision. For an infraction such as a first time DUI, the probation will usually last one to two years. While under probation, the offender cannot violate any laws or drink alcohol. The offender is expected to keep a job and report to their probation officer, which is sometimes at the prison office. The offender is usually required to report at least once a month.
Probation is not the only penalty the first timer will face. They will owe fines, court costs and monthly probationary fees, which have to be paid in a timely manner. Sometimes the offender will have to do community service, usually twenty four (24) to eighty (80) hours. In some cases, the offender will also be required to attend classes put on by the group MADD, Mothers Against Drunk Driving. These classes are designed to show the offender the impact drinking and driving has on its victims and the dangers to the offender themselves. If all of the above are not followed closely by the offender, the judge has the authority to revoke the probation and the offender will then be sentenced to jail.
Always Talk to a Lawyer for Advice
Please remember if you have specific questions, or you are in this position, it may be in your best interests to contact a qualified attorney in your area.
