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What Is The Punishment For Drunk and Drive?

What Is The Punishment For Drunk and Drive

We hear on the news day after day that people are getting into accidents while under the influence of alcohol. How can we as a society prevent alcohol-related accidents among people who are dependent on alcohol? Is there a sociological approach?

Alcohol dependency is a problem that affects all of us. Therefore, we all have to do what we can to limit its negative impacts on society, whether taking a friend or family member to alcohol rehab centers or volunteering on a regular basis as a designated driver. The addiction to alcohol is chronic and progressive in nature, (Alcohol Research and Health). This disorder is a disease like any other medical conditions that needs medical interventions or treatments. Punishing offenders of alcohol induced infractions is only a part of the solution. For one thing, people who get into car accidents as a result of alcohol use will still continue to drink if they don’t get proper treatment for their alcohol dependency problem. To make matters worse, many alcoholics don’t believe that they have an alcohol problem until it is too late, either they lose their jobs or they get into a severe motor vehicle accident as a result of their alcohol dependency.
We as a society cannot afford to wait until alcoholics figure out their problems. We have to be proactive by creating a plan that will help save the lives of both alcoholics and our citizens from alcohol-related incidence.

Our society should put in place a system that regulates the amount of alcoholic beverages an individual can consume at a bar in a given day. No one person should be given the opportunity to consume more alcohol than is legally allowed, in regards to blood-alcohol levels. Our society is making it too easy for people to get into trouble by drinking too much. If one beer is enough to prevent people from going over the legal drinking limit, then one beer should be the norm for anyone who enters a bar and orders beer. Our current stance is that people should be held accountable for their actions and therefore should take responsibility for such actions. The sad truth is that such strategy is not working because if it was we wouldn’t be hearing about so money alcohol-related motor vehicle accidents.
Alcoholism or alcohol dependency is a disease that needs to be dealt with as such. Many research studies have been conducted using primates, such as monkeys to understand the mechanism of alcohol dependency; such animals are used in these studies because they have similar genetic predispositions as humans, (Alcohol Research and Health). A substantial amount of research has examined the neurobiological basis for alcohol abuse, which includes neurobiological adaptations. Neurobiological adaptations is believed to be the mediator of addictive behaviors associated with alcoholism.
Alcohol dependency is therefore a medical condition with a neurobiological basis. Society cannot depend on an alcohol-susceptible person to make wise decisions when it comes to the consumption of alcohol and getting behind the wheel of a car. There has to be a regulatory mechanism in place, which will prevent an alcohol susceptible person from drinking too much while outside the home.

It does not make much sense to always allowing people the opportunity to drink as much as they want knowing that such actions will put people at increased risk for getting behind the wheel while under the influence of alcohol. A preventive strategy should be put into place. It is always easier to prevent the problem than to cure it. One should realize that it is much more difficult for a person under the influence to make wise decisions. We should not leave it up to the drunken person to make the decision as to whether to get behind the wheel or not. We should instead create an environment where people will have the opportunity to make such decision with a clear head.

Our society allows people to drink as much alcohol as they want at bars with no restrictions. Most of the time people drink because they refuse to face stressful situations in their lives. So, they go to the bar and drink beer after beer to get drunk, so they can temporarily rid themselves of their worries at home. We as a society should help these people by not making it so easy for them to drink as much as they want, especially at a bar. Granted, it is next to impossible to control how much a person drinks at home. However, it is very possible to control how much a person is allowed to drink at a bar. It is much better for society when a person drinks at home because that person is not compelled to get behind the wheel of a car and drive home, as that person is compelled to do while at a bar. People have no choice but to get behind the wheel of a car and drive home when at a bar, especially if that person’s judgment is impaired as a result of excessive amounts of alcohol intake.

We should not totally ban alcohol. Such actions did not work in the roaring twenties when alcohol was totally prohibited. Doing so would not work today. There were many illegal smuggling of alcohol going on in those days as a result of prohibition. The ban of alcohol in the 1920s gave rise to another problem-drugs. So, totally eradicating alcohol is not the answer, but regulating it could be a very good option in limiting the amounts of alcohol-related accidents on our streets.

Drink and drive accidents are common in every state. But, intoxicated drivers are also punished severely for causing drunk driving accidents. In some cases, the state establishes that the driver lost control over the steering wheel because he was under the effect of alcohol or drugs or the driver contravened the per se law, that is, the driver’s BAC or blood alcohol content was above the legal limit. Drink and drive problems are taking a heinous shape nationwide. But, stringent laws are also being implemented in to reduce drunk driving accidents.

In certain states, DUI arrests give the officer the right to ask the intoxicated person to undergo an alcohol evaluation test, urine test or breath test to find out if the person was actually drunk while driving. The intoxicated person accused in drinking and driving issue has no right to decide on any particular test or discuss issues with the attorney on submission of test samples. If you are prosecuted of any drunk driving accidents you will be left with no other alternative but to undergo any test as ordered by the officer of the law.

Voluntary license revocation of the intoxicated driver has been made mandatory in certain states in countries like the United States. Sometimes, along with license revocation the accused is sentenced to jail for a considerable period of time. For drink and drive issues, the cops can actually revoke you’re driving license and even arrest you. When your license is revoked you are given a receipt. Remember, you can apply for a temporary license because you are not forbidden to drive when a cop takes away your license. However, your temporary driving license is rendered null and void once a suspension order comes from DWI courts, sobriety courts and accountability courts, which have been established to punish offenders.
If you are arrested for causing drink and drive accidents in a state like Indiana you have to face severe consequences because in Indiana there are 3 recidivist offender consequences for DWI accused.

Habitual Substance Offender Statue this can cause jailing of the accused for a period of more than 8 years.

Felony DWI involves infringements within five years of the present charge.
Habitual Traffic Violator status is given on DUI miscreants who are accused of three DUI’s in a time span of 10 years.

Contact a lawyer if you are arrested for causing drink and drive accidents. Your lawyer will find out if post-conviction relief can be of any help to you.

If you are arrested for rash driving in a state like Utah and your alcohol evaluation tests prove that you are above the legal limit, contact a lawyer adept in handling DUI cases immediately. It is also imperative to know if the person is familiar with drink and drive rules and has handled cases on drink and drive accidents in Utah previously. Remember, each state has different rules for penalizing drivers accused in drinking and driving cases.

You also need to consider your DWI insurance claims if you are caught for drunk driving. If the insurance company comes to know that you have been accused for rash driving, you will have to pay a higher premium for being marked as a reckless driver.

Always remember the best way to avoid being getting tangled in drink and drive problems is to avoid driving when you are under the effect of alcohol in the first place.

Several penalties exist as a punishment for defendants arrested for DUI or driving under the influence of alcohol or drugs. These penalties include:

– Mandatory jail time

– Community service hours

– Probation

– Suspension of license and;

– Loss of driving privilege

If the defendant is found guilty as charged, he or she will be asked to pay for a fine. It is as an addition to the classic punishments under law.
Many factors also exist in order to determine the range of fines that the defendant will need to pay or must pay in the event of a guilty DUI case. Depending on the state you belong in, your fine is subject to change according to that state’s minimum and maximum fines. However, the judge who is hearing the DUI case also has a say with regards to the fine you are going to pay and this fine is subject to the judge’s fair discretion.

Generally, there are two major fines that you may face after the sentencing of your DUI case namely –

– Criminal fines and;

– Restitution

The difference of the two lies in the fact that the criminal fines are under the criminal case while the other fine, which is the restitution, is ordered under a civil case.

Furthermore, criminal fines or one they call punitive DUI fees is established by a specific state laws and the judge hearing the drinking and driving (DUI) case. The very purpose of the punitive DUI fines is to prevent future committal of the same crime by the defendant and to punish the defendant for the crime he or she has committed. The amount paid as fine varies depending on the facts uncovered during the case and the location or state where the DUI offense took place. First offense DUI fine ranges from $500 to $1000. However, in cases of multiple DUI arrests and convictions, the defendant may face for up to a $15,000 or higher fines.
Aside from the DUI fines mentioned and ordered by the state laws or court, the defendant is also going to pay for additional fees related to the criminal penalty. To make it more concrete, the defendant needs to pay for mandatory drug and alcohol recovery programs as well as sessions in alcohol education. The fees for the recovery and class sessions are added with the total amount of all DUI fines.

Additional fines from the department of motor vehicles may also be imposed. Also aside from the fines, your driver’s license may also be revoked or suspended. If you want to file for an appeal or motion to have an administrative hearing in an attempt to rescind the case, you should also shoulder all the cost related to this.

DUI Lawyer Free Consultation

When you’ve been charged with drunk driving in Utah, please call Ascent Law LLC (801) 676-5506 for your free consultation. DUI. Criminal Charges. Sex Crimes. Drug Crimes. Assault. Battery. Rape. White Collar Crimes. Expungements. And More. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

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About the Author

People who want a lot of Bull go to a Butcher. People who want results navigating a complex legal field go to a Lawyer that they can trust. That’s where I come in. I am Michael Anderson, an Attorney in the Salt Lake area focusing on the needs of the Average Joe wanting a better life for him and his family. I’m the Lawyer you can trust. I grew up in Utah and love it here. I am a Father to three, a Husband to one, and an Entrepreneur. I understand the feelings of joy each of those roles bring, and I understand the feeling of disappointment, fear, and regret when things go wrong. I attended the University of Utah where I received a B.A. degree in 2010 and a J.D. in 2014. I have focused my practice in Wills, Trusts, Real Estate, and Business Law. I love the thrill of helping clients secure their future, leaving a real legacy to their children. Unfortunately when problems arise with families. I also practice Family Law, with a focus on keeping relationships between the soon to be Ex’s civil for the benefit of their children and allowing both to walk away quickly with their heads held high. Before you worry too much about losing everything that you have worked for, before you permit yourself to be bullied by your soon to be ex, before you shed one more tear in silence, call me. I’m the Lawyer you can trust.