Drinking and Driving the Dangers and Penalties


Drunk driving is the act of operating a motor vehicle while under the influence of alcohol to the degree that mental and motor skills are impaired. Drunk driving is illegal in all jurisdictions of the United States.

The National Highway Traffic Safety Administration reports that approximately 40 percent of all traffic related deaths in 2004 were related to alcohol. Intoxication is determined by the levels of alcohol in the blood, which is call the blood alcohol concentration or BAC.

A BAC of .01 is enough to cause impairment and cause a traffic incident to be determined as “alcohol related”. In most states a BAC of .08 or greater will get a person arrested and determined to be under the influence of alcohol. Some states include a lesser charge of intoxication, which includes a BAC of .05 to .07.

All states have a zero tolerance policy for drivers under the age of 21 because alcohol consumption is illegal before that time. Often times a person under the age of 21 will lose his or her driving license if they are caught purchasing alcohol or even consuming alcohol regardless of whether or not they are in a vehicle or driving at the time.

Many jurisdictions employ much higher penalties for anyone whose BAC is .20 or higher even if they did not cause a traffic incident but were simply operating a motor vehicle. To be able to drive at this level of intoxication the person would have to have been getting drunk regularly for many years to build up enough tolerance to the alcohol and more than likely the person would have driven drunk previously as well.

All drunk-driving offenses carry possible jail terms. However, most first offenders are given lesser sentences such as driver license suspension or restriction, fines, mandatory driving classes, and alcohol counseling. Some jurisdictions sentence all drunk drivers to jail no matter what the situation.

Most recently, states have begun to use the breath test that is installed in the offender’s vehicle. In order to start the car the driver must breathe into the device. If the person is intoxicated, the car will not start.

Many states impose higher sentences on people who are transporting children, have open containers of alcohol in their vehicles, or who are driving in a particularly reckless or dangerous manner. Habitual drivers also receive stricter sentences. For example in Michigan, a third offense is an automatic felony and an automatic five-year jail sentence.

In recent years, states have tried to become more unified in the way they handle drunken driving situations in an effort to make the laws more uniform from state to state. Because of the increase in drunken driving occurrences, the states are also making the penalties for doing so much stricter than ever before.

First offenders are being penalized more than in recent years in an effort to teach them not to ever drive under the influence again. Multiple offenders are receive extremely strict sentences as well so that they cannot offend again and possible do more damage.

Driving under the influence of alcohol decreases a person’s ability to react appropriately in driving situations and slows reflections and reaction time. These people are not able to make driving decisions that are necessary to avoid accidents or to simply be safe in general.

Drunk driving can cause major property damage as well as severely injure or fatally wound other people. Many times the drunk person walks away from the accident unharmed because of the relaxation effect of the alcohol on the body.


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