DUI consequences

“ Serve The Time Before Ruining Lives“

The world may have many different laws throughout each country, but the most common law that some critics consider a world wide problem is driving under the influence; most popularly known as “DUI”.
Driving under the influence is most commonly known as “drunk driving”. Drunk driving is an issue that The United States of America’s law enforcement and society have to deal with on a daily basis. Witch in Therefore; society awareness of the consequences of driving under the influence is extremely vital but underestimated by many individuals. The legal limit of alcohol by law is .08, which is examined by a Breathalyzer test or blood test. A recent study done by the Organization DUI Driving Laws, attorney Richard Stim states “ People often ask, How many drinks does it take to become legally drunk? That’s the wrong question to ask because it presupposes that there are a fixed number of drinks that are acceptable before you get behind the wheel. That’s not the case. For example, if you are taking medication, one drink could put you into the "DUI" category. For some people, it often takes very little alcohol to become legally drunk and certain physical characteristics such as weight, gender and body fat percentage can all be factors in the equation. Eating can also affect your outcome – you are more likely to fail a blood alcohol test if you do not eat. So, practically, if you’re wondering how many drinks you can have before driving, the best answer is ‘None.’ Legally, in all states you should not be operating a motor vehicle with a .08 percent blood alcohol concentration (BAC)”.
Meaning as a result of driving under the influence there will be higher chances for a person getting into a car accident. The person may become involved in a terrible tragedy that not only affect ones self but many others as a result.
Ill. Pattern Jury Instr. States “A person is under the influence of alcohol when, as a result of drinking any amount of alcohol, his mental or physical faculties are so impaired as to reduce his ability to think and act with ordinary care." (4th Ed.) In order for one to be charged with a DUI, the offenders must be first pulled over by a law enforcement officer. Once a person is pulled over and suspected of driving under the influence the he or she is tested. The most common effective and used method is known as the Breathalyzer test. If the Breathalyzer test failed he or she is charged with a DUI. The punishment is what some consider very inconvenient and costly to an average middle class person. The charges the individual may face vary depending on the results of the circumstances one is faced with. Such consequences for example, are as if the individual harmed any other person in his or her surroundings while driving under the influence. Whether the individual is driving under the influence of alcohol or illegal drugs they are legally liable for any damage done. Research done by the Organization DUI Consequences says “The potential penalties will depend on whether or not you have been convicted of driving under the influence in the past. If this is your first offense, you are looking at fines, possible jail time, a license suspension, community service and mandatory attendance at alcohol and drug education classes (also known as “DUI School”.)”(2) According to this, the penalization for a first time offender is nothing more than paying back hours to the community and spend money on fines since the jail time is seen as “possible” rather than mandatory in some countries. As Frank Gormlie, Attorney at Law research says “There is no jail time for a first-time DUI in San Diego County. You are arrested and probably spent the night in jail, but that’s it. That’s usually all the jail time a first-time offender will do.”(1) This means that people that receive this punishment most likely will not comprehend the magnitude of what driving under the influence can bring to one’s life. Instead they would only try to be more cautious next time to avoid getting caught a second time. Once a person is caught and convicted an additional time they are considered to be known as “Second Time Offenders”.
As research by the Department of Safety & Homeland Security shows “ 2nd time offenders face: ”45 days to 11 months, 29 days in jail, $600-$3,500 mandatory fine, License revocation for 2 years/Restricted License available after first year, you will be ordered to attend a DUI school, the judge can order you to install a vehicle Ignition Interlock Device at your expense, pay restitution to any person suffering personal injury or loss” In addition; statistics by the Driving under the Influence Organization says “The possibility of a repeat offender involved in a fatal crash is about 1.4 times that of a first time offender. This only shows the irresponsible attitude and sorrowful state of affairs” the driving under the influence organization also says ”one third of persons convicted under driving while intoxicated or driving under influence are repeat offenders.” “Studies in California figure out that close to 8% of people involved in fatal accidents are repeat offenders. Studies show that a person previously convicted under impaired driving ability due to intoxication are 1.8 times more likely to be involved in fatal accidents than those who have no prior offence. Repeat offenders are 4 times more likely to be part of serious accidents among the high BAC (Blood Alcohol Content) level convicts. At least 1400 fatalities occurred every year that involved 1260 intoxicate drivers who were repeat offenders”.
After reviewing these facts about repeat offenders it is more than obvious that the penalization for 1st time offenders hasn’t been effective. The justice system hasn’t been able to clearly get into the community’s mind and make them realize that an excess of alcohol consumption can affect not only your entire life and future but the life of others as well. As Organization Drinking and Driving shows, DUI is a very costly mistake, they state; “Thinking of Drinking and Driving? Do you have an extra $7,000 - $20,000 handy? That's what you will spend if you are arrested for a routine DUI.” This statement emphasizes only on the monetary problems one could face charged with DUI but fails to address the consequences for their life. Now think about it; people with a good social economic status will not be affected by this; money buys most of things in life. If instead of the penalty for a DUI or DWI (Driving While Intoxicated) would be to be imprisoned people would see what it's like to not be free and to not have anything of your own except for a jail number. People would experience a really wake-up call rather than to pay off your court fees and wait for a real catastrophe to happen due to substance abuse. Most people mentality’s is that hopefully they never get caught drinking and driving but if they do there's not much you cant fix with money, if the sentence would be to receive a mandatory sentence the first time this mentality would switch and would make society be even more careful and cautious when thinking about driving under the influence.
According to statistics given by MADD (Mothers Against Drunk Driving)“50 to 75 percent of convicted drunk drivers continue to drive on a suspended license. Almost every 90 seconds, a person is injured in a drunk driving crash. An average drunk driver has driven drunk 80 times before first arrest. In 2010, 211 children were killed in drunk driving crashes. Out of those 211 deaths, 131 (62 percent) were riding with the drunk driver.” These statistics reveal that most offenders that have been already processed do not follow the law after the sentence because they keep driving with a suspended license. Also, it shows how people that have been drunk before have driven multiple times before getting caught. This indicates the lack of judgment and responsibility for other individuals. A research conducted by the DUI DWI Foundation shows that if instead of receiving a mandatory sentence offenders would receive alternative punishments so they can still function as an active member of society people would learn better about not drinking and driving and this would prevent repeated offenders. “Incarceration Alternatives
Rather than spending time in jail or prison, DUI offenders may have the opportunity to embrace alternative sentencing, helping them to rebuild their lives and continue working and caring for their families, while also paying their debt to society. Here’s a look at some potential alternatives, some of which are often combined in sentencing are; Electronic Monitoring/House Arrest
, Work Release and Work Furlough, Rehab, Community Service
.” Most offenders who get sent to rehab or do community service see this opportunity as a way out rather than a way to pay back the community or better themselves as individuals. These individuals seek treatment just to avoid serving time in jail because of the fear of what might happen to them in jail. Community Service is seen by offenders like a getaway to get rid of the chargers. Facts show that the only way to really make an impact in society is to make individuals pay and serve time on the first offense. It is important to implement this before the individuals regret what they didn’t stop doing once they initially got caught.
Everything changes when sunlight is denied or can’t decide when to leave a place, when to eat, how to manage and control one’s life, when your freedom is taken away is when people really put things in perspective.

WORKS CITED

Department of Safety & Homeland Security, Bill Gibbons, Commissioner. DUI Offenses

Outline"DUI offenses; 2nd Time DUI Offender" n.d. Web.

tn.gov/safety/duioutline.shtml#duisecond

Drinking and Driving.org Prevention, Education, Assistance. "DUI- A Costly Mistake "

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DUI Driving Under the Influence - "Glaring Statistics of DUI repeat Offences" 2005.Web.

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DUI-DWI Foundation brought to you by Anelli Xavier “ Potential Incarceration

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DUIConsequences.Org Discover a Qualified Attorney Right Away “DUI Consequences”.

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Frank Gormlie, Attorney at Law Criminal Defense "THE DUI – YOUR INTRODUCTION

TO The CRIMINAL JUSTICE SYSTEM". Web.2011. obrag.org/fgormlielaw/?p=4

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madd.org/statistics/

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Guidebook, 2009 ed. (Vol. 25, Illinois Practice Series)”hg.org/article.asp?id=6247

Stim, Rich. Attorney. DrinkingLaws.org “Blood Alcohol Level Chart | Are You
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