Kansas Dui Law Research Paper

Every day twenty-seven people die as a result of drunk driving which equates to approximately 10,000 people a year. Driving under the influence is a crime when a person’s blood level of alcohol exceeds the legal limit of 0.08%. Standard penalties against first time offenders include: having their driver’s licenses revoked and paying a fine ranging from $500-$2,000. All drunk drivers should be imprisoned for eight or more months because they are likely to repeat the offense, they cause most automobile fatalities/injuries, and drivers can participate in rehabilitation programs while incarcerated.

There are several repercussions for service members of all branches caught driving while intoxicated. Under Army Regulations, if a service member's BAC is between 0.05 and 0.079, their driving privileges and military driver’s license can be suspended for 90 days. If their BAC is 0.08 or more, the license will be revoked for a year. Two DUI convictions within five years will result in a five-year revocation of the license, and three alcohol-related traffic offenses will result in the permanent loss of their military driver’s license. To reinstate their driver's license after a DUI incident, service members must complete the ASAP training, take remedial drivers' training, and possess a valid state driver's license before they can obtain a letter from their commander recommending reinstatement. In addition to a license suspension, service members who are caught driving with a BAC of 0.05 or more may receive a General Officer Memorandum of Reprimand, which can be filed locally or in their permanent file. Those caught driving with a BAC of 0.1 or more are in violation of the Uniform Code of Military Justice and face either a court-martial or, more commonly, a non-judicial action (Article 15) from their commander. Under Article 15, the maximum punishment could include for E-4 and below: loss of all rank to E-1, loss of half of one month's pay for two months, and up to 60 days of extra duties and restriction to the garrison.

Having a suspended driver’s license means your right to drive has been revoked by the Department of Motor Vehicles and the state/federal courts. It can be very scary driving on a suspended driver’s license and if you are driving on one you live in constant fear. Your driver’s license is important for your livelihood; it is your way to get to and from work, to run errands, visit friends and family and perhaps to transport your children to and from school. It is important to have in everyday life!

If convicted of drunk driving in Texas, people face a range of potential penalties. According to the state’s Department of Transportation, these consequences may include jail time, a driver’s license suspension, and fines and fees. With few exceptions, DUI lawyers are familiar with these penalties, and how they are typically imposed. Additionally, they may have knowledge of other options, which may limit the legal repercussions people face if convicted of this offense. In some cases, for example, an attorney may be able to negotiate for his client to be enrolled in an alcohol treatment program in lieu of jail time.

2. The criminal code for impaired driving is divided into two strands. The first one being Impaired driving causing bodily harm, which talks about how a person who causes bodily harm to another while intoxicated will be imprisoned for not more than 10 years. The second strand is Impaired driving causing death. The minimum sentencing for this crime is imprisonment for life.

A felony DUI has serious implications aside from carrying a gun. A conviction could lead to a lengthy jail sentence. It's important to have skilled legal representation, as this can help prevent the harshest penalties from being assessed.

According to the Idaho State Legislature, Idaho Code §18-8004 (1984) is a state policy clarifying driving under the influence in the state of Idaho (Idaho Legislature, 2017). All 50 states share a legal blood alcohol concentration level (BAC) that is set at 0.08 percent. Each state sets their own “zero tolerance” blood alcohol concentration level as well. The Zero Tolerance level makes it illegal for people under the age of 21 to drive with a certain blood alcohol concentration percentage. Idaho’s Zero Tolerance level is currently set at 0.02 percent. States also have different Enhanced Penalty BAC levels, which is a blood alcohol concentration of over 0.08 percent. If you reach above your states legal Enhanced Penalty BAC level, you can get charged with an “Extreme DUI”. Idaho’s Enhanced Penalty BAC level is currently set at 0.20 percent (Reuters,

Under the new law, those with four DUI convictions can face between two to six years in prison. Probation and community-based incarceration programs are also a possibility. It is up to a judge to decide on the offender’s sentencing.

You are charged with being a minor who had alcohol in their system while driving. This is a class one misdemeanor which can be punished up to six months jail, a fine of up to $2,500.00, probation, community service or drug/ alcohol screening, treatment, counselling or education. It is also possible to be allowed to enter the diversion program with allow you to have the charge dismissed if you remain law abiding for a period of four or six months, pay a program fee and complete a drug/ alcohol class. I should find out on Friday if you have qualified for the diversion program.

If you refuse a chemical test after being arrested for driving while impaired, your driver’s license will be confiscated immediate. You could lose your driving privileges for up to one year. This can be devastating for your daily life. How will you get to and from work? Who will take your child to school and other activities? Before making the decision whether to refuse a chemical test, consult with a DWI lawyer to discuss your rights and the potential consequences of your decision.

Last year, a bill was introduced in the U.S. House of Representatives that would make it mandatory for anyone in the U.S. convicted of a drunk driving charge to install an ignition interlock device for at least six months.

This means $100,000 for bodily injury/death, $300,000 for bodily injury/death of two or more persons and $50,000 for property damage. The FR44 was created specifically to ensure that DUI convicted offenders carry enough coverage to supplement other drivers in the event that an accident was to occur.

“Police arrested 1.37 million people last year for driving under alcohol’s grip, about one in every 140 licensed driver.” () Possible jail time is one of the most common punishments given. Your driver’s license could also be revoked for months and even years. Since driving drunk is a hazard against the community a lot of judges feel that the drivers who drink and drive should do community service. Some states even charge you a felony even if no accident occurs.

In some states, even first time offenders can face extended license suspensions and jail time.

After the officer finishes and declares that you are driving under the influence you are charged with DUI and placed under arrest. A DUI arrest can lead up to at least 6 months in county jail, $500 to $1000 dollars fine, 12 months of probation, vehicle impound and license revocation from 6 months up to a year. and sentencing gets tougher if there is a minor in the vehicle with you(Tager Law Firm) .