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Drunk driving penalties
penalties the court could impose are: (1) 6 months in the county jail: (2) $1,000 fine plus up to an additional 1,950 in penalty assessments; (3) 6 months driver's license suspension; (4) Your car impounded for 30 days.
Second, third and fourth offenses within 7 years are punished by increasingly more harsh penalties.
Public Intoxication
Public intoxication is the appearance of a person who is under the influence of drugs or alcohol in a place open to the general public. In most American jurisdictions, public intoxication is considered a misdemeanor
Zero Tolerance Policy
Prohibition of drinking for those under the age of 21
Field Sobriety Tests
Field Sobriety Tests sometimes referred to by the acronym FSTs, are tests administered by the police to purportedly assess intoxication.
Administrative License Revocation (ALR)
Simply put, the DMV automatically revokes your license when you are arrested for DUI as part of its duty to regulate drivers’ licenses. (The court may also take your license, and may also fine or jail you.)
Drunk
Intoxication as we know it is not required for one to be guilty of drunk driving. Your condition may be enough for you to be found guilty of a drunk driving offense under the current definition of the law.
Reasonable suspicion
The officer must have what is legally termed a "reasonable suspicion," based on something unusual that is actually observed about the way a person is driving. This is a very low standard and it can be satisfied by virtually anything which appears out of the ordinary and that might be a sign of a driver being under the influence. In addition, during holiday seasons, police officers typically set up field sobriety checkpoints where they routinely stop every driver who passes through the checkpoint.
Ignition Interlock Devices
The courts may require first and repeat DUI offenders to use Ignition Interlock Devices. To start the vehicle, the driver must blow into the device. The vehicle will not start if the driver's blood alcohol content exceeds 0.05%.
Alcoholism
Alcoholism, also known as “alcohol dependence,” Includes four symptoms: Craving: A strong need, or compulsion, to drink. Loss of control: The inability to limit one’s drinking on any given occasion. Physical dependence: Withdrawal symptoms, such as nausea, sweating, shakiness, and anxiety, occur when alcohol use is stopped after a period of heavy drinking. Tolerance: The need to drink greater amounts of alcohol in order to “get high.”
Arraignment
Sometimes referred to as a “first appearance.” This date is typically located on the DWI Summons & Complaint near the “court appearance required” box that should be checked off. The arraignment is a formal procedure where rights are read, charges are read and explained, and a plea (guilty or not guilty) is entered.
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Did You Know?