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DUI/DWI
News
Key State Laws Enacted to Prevent Impaired Driving
Illegal Per Se Laws make it illegal in and of itself to drive a motor vehicle with a BAC concentration at or above an established level. All 50 states and the District of Columbia have per se laws defining it as a crime to drive with a blood alcohol concentration at or above a proscribed level, .08 percent.
Dram Shop/Social Host Liability Laws state that a person who serves alcoholic beverages to intoxicated individuals may be liable for the damages caused by such individuals. In some states, a server may also be liable for injuries sustained by intoxicated individuals.
Minimum Legal Drinking Age (MLDA) Laws make it illegal for individuals younger than 21 to purchase, possess or consume alcoholic beverages or to misrepresent their age to obtain such beverages.
Zero Tolerance Laws make it illegal for drivers younger than 21 to drive with any measurable amount of alcohol in their system—regardless of the BAC limit for drivers over 21. Many states set the limit for drivers under 21 at .02 BAC or below to help reduce legal challenges based on claims that mouthwash, gum or cold medicine can be responsible for a positive but very low BAC measurement.
Open Container Laws prohibit the possession of any open alcoholic beverage container and the consumption of any alcoholic beverage in the passenger area of a motor vehicle.
Administrative License Revocation (ALR) Laws involve license suspension or revocation following conviction for impaired driving.
Repeat Intoxicated Driver Laws establish a minimum penalty for individuals convicted of a second or subsequent offense for driving while intoxicated or driving under the influence. Laws require a minimum of one-year driver’s license suspension.
Aggravated Vehicular Homicide (while driving intoxicated)
One state defines this as Class A Felony If any of the following conditions are present: Two or more prior (a) DUI convictions or Vehicular or (b) Vehicular Assault convictions or (c) any combination One prior Vehicular Homicide A BAC of .20 or greater at the time of the vehicular homicide and has one (1) prior DUI or Vehicular Assault offense
Newsroom
News about DUI & Drunk Driving cases in Massachusetts and nationwide:
National Holiday Lifesaver Weekend
In addition, Governor George Ryan has proclaimed December "Drunk and Drugged Driving (3-D) Prevention Month" in Illinois. In observance of 3-D mont... Read more >
Definition:
A sobriety test is a method of determining whether a person is intoxicated. Among the common sobriety tests are coordination tests and the use of mechanical devices to measure the blood alcohol content of a person’s breath sample.
Child endangerment
Definition:
Most states now have some kind of child endangerment statute. Currently, 27 states have statutes that create special sanctions for cases of driving under the influence while the offender is transporting a child at the time of the offense.
Sleep Deprivation
Definition:
Drowsy driving is greatly under reported because there is no test for it, as there is for intoxication, no clear way to identify it, and many states don't even have a code for it on their vehicle accident reporting forms.
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