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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.
A well known is the fact that the consumption of alcohol can cause impairment
Perhaps less recognized is that fact that impairment rises gradually at a lower level but dramatically at a higher level of blood alcohol concentration BAC. About half of auto fatalities involve drivers with BACs of .16 or higher. Impairment occurs at a lower level, but it's especially important to prevent driving with high BACs.
Newsroom
News about DUI & Drunk Driving cases in West Virginia and nationwide:
Hazelden and MADD Collaborate Hazelden and MADD Collaborate To Bring Evidence-Based Alcohol Prevention Curriculum To Elementary Students
Center City , ... Read more >
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.
Breathalyzer
Definition:
Breathalyzer is the trademark (of National Draeger, Inc. which acquired the Breathalyzer division from Smith and Wesson) for the most commonly used breath-testing device in New Jersey. The Breathalyzer converts breath alcohol into a blood alcohol reading.
Arraignment
Definition:
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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