DUI (Driving Under the Influence
In most countries, anyone who is convicted of injuring or killing someone while under the influence of alcohol or drugs can be heavily fined, as in France, in addition to being given a lengthy prison sentence. Many states in the U.S. have adopted truth in sentencing laws that enforce strict guidelines on sentencing. For example, if a defendant is sentenced to ten years, he or she will be in prison for that entire time. This is different from past practice where prison time was reduced or suspended after sentencing had been issued.
The specific criminal offense may be called, depending on the jurisdiction, driving under intense influence (DUII), driving while intoxicated (DWI), operating while intoxicated (OWI), operating a motor vehicle while intoxicated (OMVI), driving under the influence [of alcohol or other drugs] (DUI), driving under the combined influence of alcohol and/or other drugs , driving under the influence per se or drunk in charge [of a vehicle]. Other less common acronyms include ("OVI"), "operating a vehicle (while) impaired," and ("DWAI"), "Driving While Ability Impaired." [1] Many of such laws apply also to boating, piloting aircraft, riding a horse or conducting a horse-drawn vehicle, or cycling.
Historically, guilt was established by observed driving symptoms, such as weaving; administering field sobriety tests, such as a walking a straight line heel-to-toe or standing on one leg for 30 seconds; and the arresting officer's subjective opinion of impairment. The US Department of Transportation explains the Field Sobriety Test as, "a battery of three tests administered and evaluated in a standardized manner to obtain validated indicators of impairment and establish probable cause for arrest." [2] Starting with the introduction in Norway in 1936 of the world’s first per se law which made it an offense to drive with more than a specified amount of alcohol in the body, objective chemical tests have gradually supplemented the earlier purely judgmental ones. Limits for chemical tests are specific for blood alcohol concentration or concentration of alcohol in breath.
With the advent of a scientific test for blood alcohol content (BAC), enforcement regimes moved to pinning culpability for the offense to strict liability based on driving while having more than a prescribed amount of blood alcohol, although this does not preclude the simultaneous existence of the older subjective tests. BAC is most conveniently measured as a simple percent of alcohol in the blood by weight. It does not depend on any units of measurement. In Europe it is usually expressed as milligrams of alcohol per 100 milliliters of blood. However, 100 milliliters of blood weighs essentially the same as 100 milliliters of water, which weighs precisely 100 grams. Thus, for all practical purposes, this is the same as the simple dimensionless BAC measured as a percent. Since 2002 it has been illegal in all 50 US states to drive with a BAC that is 0.08% or higher.
The validity of the testing equipment/methods and mathematical relationships for the measurement of breath and blood alcohol have been criticized. (Taylor 2007)
Driving while consuming alcohol may be illegal within a jurisdiction. In some it is illegal for an open container of an alcoholic beverage to be in the passenger compartment of a motor vehicle or in some specific area of that compartment. In some it may be illegal to be asleep in the driver's seat of a vehicle without any intention to drive. [3]
The German model serves to reduce the number of accidents by identifying unfit drivers and removing them from traffic until their fitness to drive has been established again. The Medical Psychological Assessment (MPA) works for a prognosis of the fitness for drive in future, has an interdisciplinary basic approach and offers the chance of individual rehabilitation to the offender. [4]
George Smith, a London taxi driver, was the first person to be convicted of drunk driving, on 10 September 1897. He was fined 20 shillings
Penalties and defense
In the penalties for drunk driving have steadily increased throughout the past years as organizations such as Mothers Against Drunk Driving have lobbied for stiffer penalties. Higher fines and penalties have increased the importance of proper legal defense when cited for drunk driving. [5] "DUI defense", a branch of criminal defense law, involves attorneys, investigators and forensic toxicologists who attack prosecution evidence on behalf of accused DUI offenders. Generally, DUI attorneys seek to elucidate inaccuracies in forensic breath and blood testing as well as bias, inexperience and incompetence by arresting officers. [6] It's not uncommon for DUI charges to be plea bargained into lesser offenses or sometimes dismissed through legal technicalities or jury trial acquittals.
In California Section 23152 states: It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle. [7] The law also state that any person convicted of the violation is guilty of a misdemeanor and shall be punished upon conviction by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for not more than six months, or by both that fine and imprisonment.
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