DUI/DWI and Underage Drinking

In 2005 the Center for Disease Control conducted a Youth Risk Behavior Survey. They found that 28.5% of students nationwide had, at some point during the 30 days preceding the study, ridden in a car or other vehicle that was driven by someone who had been drinking alcohol. Additionally, they found that 9.9% of students nationwide had driven a car or other vehicle while they had been drinking alcohol during the 30 days preceding the survey.

Differences Between Adults and Underage Drinkers

While adults usually drink in restaurants or bars, underage drinkers usually drink in remote locations, like at a camping site or a beach party. They also tend to congregate in large numbers at private homes, in parks or concerts. Underage drinkers often drink at different times of the day, for example after school. Citations for adult drinking and driving usually occur between 2 A.M. and 3 A.M.

Underage drinkers are less experienced drivers and less experienced drinkers. Underage drunk drivers have more fatalities at lower Blood Alcohol Content (BAC) levels than adult drivers. To combat this, many states have zero-tolerance laws for underage drinking and driving.

Zero Tolerance

Zero tolerance laws target drivers that are under the legal drinking age. Drivers under age 21 can be penalized for any trace of alcohol in their system. States that don’t have zero tolerance laws have stricter penalties for underage drinking and driving. Also, underage drinkers will face additional charges because just consuming alcohol is illegal. In some cases the parents of the teen or another adult that furnished the alcohol can be held accountable for any injuries or damages caused by the underage DUI.

Underage Drinking and Driving Statistics

According to the Insurance Institute for Highway Safety, in 2007, 28% of 16 to 20 year old drivers that were fatally injured in car accidents had BACs of 0.08 or higher. Also, drivers age 16 to 20 with BACs of 0.05 to 0.08 are far more likely to be killed in a single-vehicle crash than sober teenage drivers:

  • 17 times more likely for males
  • 7 times more likely for females

At BACs of 0.08 to 0.10 it goes up to 52 times more likely to be killed for males and 15 times more likely for females.

Underage drinking and driving is a serious problem. Drivers age 16 to 20 already make up a large percentage of vehicle accidents because of their inexperience. Lack of driving experience combined with their inexperience with the effects of alcohol is very dangerous for them and for all the other people on the road.

This article is for informational purposes and does not constitute legal advice. Please contact an attorney in your local area for more information about DUI/DWI Law.

Additional Legal Guidance: DWI Attorney Michael Lowe. Serving clients in Dallas, Texas.

What Defines a Vehicle under DUI Law

Do not fooled into thinking you can only be arrested for a DUI if you are operating a car, truck or motorcycle. Although those are the most common types of vehicles that people tend to operate while drinking, the definition is more clearly defined in many states. You have to be aware of the law in not only the state where you live but also in any state where you may be operating a vehicle that may fall out of the scope of what is an ordinary vehicle.

Some states place more broad use on the term vehicle and extend it to include mopeds, snowmobiles and in some states even boats, planes, and streetcars. Many states have a broad definition that simply says “vehicles,” and that defines anything including boats, planes, mopeds and anything else that has the ability to transport a person from one destination to another. The penalties are the same as for driving under the influence provided the Blood Alcohol Content is high enough to be indicative that there is a possibility of disrupting the ability of the driver or operator.

Before you think of operating any vehicle while you are drinking, you need to make sure you know the laws in the state where you are living or visiting. The increase in boating accidents over the past few years have lead many states to extend their laws to include boats within the “vehicle” category. Since people drinking and operating boats can cause as much damage as someone operating a motor vehicle, it’s important to include boats under the DUI laws.

DUI laws in many states also extend to aircraft as well. Although the FAA controls commercial aircraft, private aircraft also fall under the jurisdiction of the state in which they are operated. Pilots are not permitted to drink and fly and if they are caught, they can be charged under the DUI regulations of the state where they are licensed. This is true also of boat operators especially those who carry passengers on board. Many marinas do not permit boat owners to drink even on their own boats because of the potential they will attempt to operate the boat while drinking.

DUI laws are different in some states, and if you are going to drink, you have to make certain you know how much is allowed by law and where to draw the line. The best course of action is to not drink at all when you are operating any vehicle in order to avoid any possibility of becoming impaired. It is far more dangerous to suffer impairment because of alcohol when you are operating a boat or plane because you are not on solid ground. Most importantly, do not have anyone in the boat or aircraft if you are going to drink—putting yourself in danger is one thing, but you don’t want to risk the lives of anyone else. Making good choices will prevent you from losing your license because of a DUI.

This article has been provided by Driver Law Firm.

Disclaimer: This article provided by the law office of Michael Driver of Raleigh, NC

5 Things Every Driver Should Know about DUI

Driving after drinking alcohol is not illegal. Driving while impaired or intoxicated is illegal. Every driver should know how to protect themselves from a false DUI conviction. 1. Cause to Stop The Police have to have a reason to stop you when you are driving. They mostly decide to stop you based on the way you are driving (doh). The signs they think show a DUI or DWI driver are many.

What they look for is erratic driving like unexplained speed changes, excessive movement within lanes or lane changing without indicating. Parking badly, having the appearance of not knowing where you are etc.

Unfortunately there could be, and often is, a perfectly acceptable reason for any and all of these “signs”. A good DUI Lawyer can argue this in court for you.

2. Field Sobriey Testing These tests are NO indication of sobriety. In addition the officer who stops you has, in most cases, already decided that you are a DUI or DWI case. They only use these tests to confirm their suspicion.

I would fail these tests stone cold sober, most people would. They are only an indication of your ability to balance or count backwards or whatever.

You don’t have to take these tests in most states, there is a free ebook available from the resource link below written by an experienced DUI Lawyer.

3. Blood Testing Blood testing is the most accurate and it is your right to ask for this to be done if you are stopped for DUI or DWI. You can even ask for your own doctor or hospital to do the testing. A DUI Lawyer will tell you what to do.

If you are unable to get your own doctor or hospital, you should ask for a sample of the blood taken so you can get your own, independent testing done.

4. Blood Alcohol Content The Breath Analysis Testing machines are only accurate when they have been regularly tested and aligned and used as directed. Your DUI Lawyer will get the calibration records to check.

Mostly the police do not use them as directed, you will be asked to “keep blowing, keep blowing” but that isn’t the way they should be used. The air from the bottom of your lungs has a much higher concentration of alcohol then the air from the top or middle.

The Breath Analysis machine is calibrated for the middle concentration not the bottom so asking you to empty your lungs will give a false reading and will get you convicted of DUI or DWI even though you are below the legal limit.

5. Court Time If you are charged with DUI or DWI you will end up in court. Now the deck is really stacked against you if you dont have a good DUI Lawyer with you. If the police officer has rail roaded you, and over 30% of those in court have been, then the court will believe them rather than you 100% of the time.

Unless…you have an experienced DUI lawyer on your side. The cost of losing a DUI or DWI case will run out to $10,000 or more. If the lawyer costs $5,000 and reduces or eliminates the conviction you have reduced your costs and quite possibly got your life back.

Get a DUI lawyer.

6. Recovery After Conviction OK, if you are reading this a bit late and have already been convicted of DUI or DWI what can you do now?

You need to find out how to get your life back on an even keel. you need to find out how to get your drivers license back, how to protect yourself when applying for a new job, how to get auto insurance at a reasonable price etc.

In short, there is a lot you can do to get your life back after a DUI conviction and the link below can help you find a DUI Lawyer locally.

This is only an overview of the information available through the web site listed below.

Brent Milne has been through the mill and seen the results of a good DUI Lawyer. He has good information and good links on his web site. You will find a good DUI Lawyer in your local area through http://dui.good-oil.com

Dui: Just Say No!

It can be fun to spend the evening hanging out with your friends having a few drinks. Maybe your fun filled evening includes visiting a variety of night clubs or even going to a concert. However, before you head out for your evening of fun there is one issue that has to be addressed by everyone. That is the issue of who will be responsible for driving you back home after a night of fun. Driving drunk isn’t safe, and it is definitely something that comes with some very long term effects.

If everyone in your group plans to drive for the evening, then you need to have a designated driver who can pick you up at the end of the night. Otherwise you need to plan on staying at a nearby hotel. If public transportation is an option you want to be careful because you can be charged with public intoxication if things get out of hand. You might be able to use a taxi service to get to and from the events.

Under no circumstances should you drive after having a couple of drinks. You need to do your friends a favor and not allow them to do so either. The risk of getting a DUI is just too great. This will mean a huge fine, community service, and losing your driver’s license for a period of time that varies by state. This is under a best case scenario.

When you drive under the influence of alcohol your perception is altered. You have a very high risk of being involved in a traffic accident. You could seriously injure or kill yourself, others in your vehicle, and innocent people who are in the wrong place at the wrong time.

You should never get into a vehicle with anyone who has been drinking. Do all you can to stop them from getting into the vehicle but don’t let them persuade you to join them if they can’t be stopped. If you think someone who is driving out there is under the influence of alcohol get a vehicle description and a license plate number. Call the state patrol and they can come investigate for you.
This article brought to you by minnesota dwi / minnesota lawyer: http://www.bolinskelaw.com


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