Thursday, January 5, 2012

DUI Stops and Penalties



As a rule, a car stop is allowed only if the officer has a good reason to believe the driver is committing a traffic offense or some other criminal act. For example, a driver can only be pulled over if the officer sees the car speeding or drifting in and out of a lane of traffic. If the officer believes the driver is intoxicated after asking some questions, observing the driver's movements, and perhaps detecting alcohol on his or her breath, an arrest can be made on the theory of probable cause.
The person can be jailed for a DUI conviction. In most states, however, an adult's first DUI conviction usually involves a stiff fine, a license suspension, mandatory attendance at a DUI rehabilitation course, and probation for up to three years.
For a second offense, an adult will often go to jail. Furthermore, his or her vehicle might be impounded, a community service obligation might also be imposed, and attendance at a series of Alcoholics Anonymous meetings might be ordered. For a minor, the consequences are similar, although confinement in an institution is uncommon unless the minor is a "recidivist" -- a repeat offender. In recent years states have adopted "zero-tolerance" policies toward intoxicated teen drivers. Their legislatures have established lower BAC limits for persons under age 21 -- usually 0.02 percent.
Driving a moped and riding a bicycle while intoxicated are also punishable offenses. You can't legally ride a horse while intoxicated either.

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