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DUI/DWI
News
Key State Laws Enacted to Prevent Impaired Driving
Illegal Per Se Laws make it illegal in and of itself to drive a motor vehicle with a BAC concentration at or above an established level. All 50 states and the District of Columbia have per se laws defining it as a crime to drive with a blood alcohol concentration at or above a proscribed level, .08 percent.
Dram Shop/Social Host Liability Laws state that a person who serves alcoholic beverages to intoxicated individuals may be liable for the damages caused by such individuals. In some states, a server may also be liable for injuries sustained by intoxicated individuals.
Minimum Legal Drinking Age (MLDA) Laws make it illegal for individuals younger than 21 to purchase, possess or consume alcoholic beverages or to misrepresent their age to obtain such beverages.
Zero Tolerance Laws make it illegal for drivers younger than 21 to drive with any measurable amount of alcohol in their system—regardless of the BAC limit for drivers over 21. Many states set the limit for drivers under 21 at .02 BAC or below to help reduce legal challenges based on claims that mouthwash, gum or cold medicine can be responsible for a positive but very low BAC measurement.
Open Container Laws prohibit the possession of any open alcoholic beverage container and the consumption of any alcoholic beverage in the passenger area of a motor vehicle.
Administrative License Revocation (ALR) Laws involve license suspension or revocation following conviction for impaired driving.
Repeat Intoxicated Driver Laws establish a minimum penalty for individuals convicted of a second or subsequent offense for driving while intoxicated or driving under the influence. Laws require a minimum of one-year driver’s license suspension.
Implied Consent is a factor in DUI for some states
Delaware has an "implied consent" law. That means if you drive in Delaware and are suspected of DUI, you voluntarily agree to a chemical test to determine the degree of impairment. Failure to take the test carries a penalty of loss of license and/or driving privileges for a period of one year for a 1st offense, 18 months for a 2nd offense and 24 months for the 3rd subsequent offense, in addition to the penalties for DUI.
Newsroom
News about DUI & Drunk Driving cases in North Carolina and nationwide:
The Facts Of Impaired Driving
Alcohol-related motor vehicle crashes kill someone every 31 minutes and nonfatally injure someone every two minutes (NHTSA 2005). Read more >
Definition:
Sometimes referred to as a “first appearance.” This date is typically located on the DWI Summons & Complaint near the “court appearance required” box that should be checked off. The arraignment is a formal procedure where rights are read, charges are read and explained, and a plea (guilty or not guilty) is entered.
Impairment
Definition:
Well known is the fact that the consumption of alcohol can cause impairment. Perhaps less recognized is that fact that impairment rises gradually at lower levels but dramatically at higher levels of blood alcohol concentration (BAC).
Controlled Substances
Definition:
Health and other public concerns have generated detailed Federal and state regulation of the sale and possession of alcoholic beverages, tobacco products, and a wide range of other "controlled substances."
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