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July 20, 2010
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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.



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Did You Know?    
 
 
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

 


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News about DUI & Drunk Driving cases in DC and nationwide:

Students encouraged to "Make the Right Choice" and to prevent drunk driving
Oahu, HI —  Attorney General Mark J. Bennett, The Hawai`i Hotel and Lodging Association and The Century Council, a national not-for-profi...
Read more >


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Drunk Driving Terms

 


Today's Terms

Vehicular Homicide

Definition:
Vehicular homicide is the killing of another person by one’s unlawful or negligent operation of a motor vehicle.

Alcoholism

Definition:
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.”

Reasonable suspicion

Definition:
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.

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DUI/DWI Resources

 


Search Drunk Driving resources in our resource center:

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DUI/DWI Hot Topics

 
Topics Related to DUI/DWI:

  • Blood Alcohol Content (BAC)
  • Breathalyzer Test
  • Failed Sobriety Test
  • Legal State BAC Limits

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DC Drunk-Driving Attorney

 
If you live in the following cities and need legal help you should contact our Attorney as soon as possible:

  • Washington DC
  • Adams Morgan
  • Anacostia
  • Capitol Hill
  • Cathedral Heights
  • Chevy Chase
  • Chinatown
  • Columbia Heights
  • Dupont Circle
  • Foggy Bottom
  • Friendship Heights
  • Georgetown
  • Glover Park
  • Logan Circle
  • Mount Vernon Square
  • Mount Pleasant
  • Shaw
  • Woodley Park
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