With the possibility of getting caught so slim, it may seem that people would shrug off an effort by police to make more arrests. The reason, explains Reed, is that the presence of alcohol in an accident does not always mean that alcohol caused the accident. In many accidents that kill people who have been drinking, the alcohol plays a minor or insignificant role. Roadside testing by researchers has shown that an average of 10 to 20 percent of all drivers on the road have measurable levels of alcohol in their blood. It is inevitable that some of these people will be involved in fatal accidents, even if their drinking is not to blame.

I don’t know how often the jail time is handed out, but the 26 per cent rate suggests that the fine didn’t work and the prison sentence was merely an empty threat. Unless imprisonment is given heft, drunk driving will continue to be a main factor in road deaths. Kane points to the new statistics by the National Highway Traffic Safety Administration in 2010 that shows that “more than two – thirds of the 10,228 drunken driving deaths involved drivers who had a blood alcohol content of .15 or higher. In addition, Kane , points to the report by “Prevalence of High Sober House BAC in Alcohol-Impaired Driving Fatal Crashes” which supports the fact that the most frequently recorded BAC among all drinking drivers in 2010 was .18. This amount of alcohol in the blood stream is alarming as it is more than twice the legal limit in all fifty states of America and the District of Columbia. In essence, “there was one alcohol related death every fifty one minutes”. These statistics are horrifying and the country needs to take a clear stance against the careless and reckless driving that occurs when people drive under the influence of alcohol.

Example Of Article On Drunk Drivers Should Be Imprisoned On The First Offence

If a commercial driver is convicted of a second DUI while driving any vehicle, the offender will be disqualified from driving a commercial vehicle for life, which may or may not be reduced to a period of 10 years. To deal effectively with drunk driving, society must approach the problem from many different directions simultaneously. Beefed-up surveillance and tougher penalties for drunk drivers are two approaches that must be part of the solution. Drunk drivers kill and injure enough innocent third parties to warrant legal intervention, and Americans generally agree that drunk drivers should be arrested and punished. Despite such drawbacks, it is clear that police surveillance and appropriate penalties must be a component of society’s effort to deal with drunk driving, and the use of these legal sanctions has been increasing in recent years. The prime example of harsh penalties for drunk driving is found in the Scandinavian countries. There a first DWI offense commonly results in imprisonment, fines of up to 10 percent of a person’s after-tax income, or license suspensions exceeding one year. Anecdotal evidence indicates that these tough penalties are effective deterrents, but social science research has been unable to uncover any hard proof. For example, the Alcohol Safety Action Projects cost $88 million, not counting the costs of state and local enforcement, the expense of treatment programs borne by those arrested, and the social costs of increased police surveillance. At the most these projects saved 563 lives, for an average minimum cost of $156,000 per life saved.

Nevertheless, if an attorney hasn’t reviewed your case, you’re making an uneducated guess. On the other hand, however, only an attorney is capable of reviewing your case for defects and defenses, because it is unlikely that you will recognize the defects and defenses without legal training and experience. If you’re charged with a second refusal within seven years, your license will be suspended for two years. The program is included in the federal registry of evidence-based programs and practices. Damages under Rhode Island’s Liquor Liability Act may be awarded to compensate for all injuries suffered by the victim. Additionally, punitive damages may be awarded for actions based on reckless service. Any action brought under Rhode Island’s Liquor Liability Act must be brought within three years of the date of the injury. An attorney will review your case within 24 hours, and we will reach out with next steps. Students looking for free, top-notch essay and term paper samples on various topics.

Q. What are the consequences of Operating While Intoxicated (OWI)?

The claim can, however, be brought by a minor who was negligently served alcohol and later suffered injury because of intoxication. The claim can also be brought by a third person who was injured as a result of negligent service to a minor or to a visibly intoxicated person. Of course, drivers could disconnect any such device or have someone else take the test for them. They could remind a driver and anyone else whose aid was enlisted that he or she was about to do a dangerous thing.

For a second violation, the offender faces a term of imprisonment of up to six months, a fine of $750 to $1,000, or both. For a third or subsequent violation, the offender faces a term of imprisonment of up to one year, a fine of $2,500, or both. For a second or subsequent violation within a five-year period, the offender will be imprisoned for two to 15 years and fined $3,000 to $10,000. For a second or subsequent violation within a five-year period, the offender will be imprisoned for 10 to 20 years and fined $10,000 to $20,000. As discussed in Chapter 8, the most efficient physical devices now available to make driving safer are passive restraints, including automatic seat belts and air bags. These devices would be more effective for drunk drivers than for sober drivers, because studies show that drunk drivers involved in accidents are less likely to use conventional seat belts than are all drivers involved in accidents.

Once a person’s BAC reaches 0.05, the risk of a fatal crash substantially increases. People don’t realize one drink can have an effect on their ability to drive a car. Drinking and driving not only poses a threat to your life, it can affect many other things as well. You could lose your job, it can raise your insurance, your incident can be made public for others to know, and you will have to live with guilt for the rest of your life if you injure or kill someone. The first paragraph gives a brief overview of the problem under discussion. The second, third, fourth, and fifth paragraphs offer each a point of argument in putting my point across that any drunk driver should be imprisoned on the first offense. The final paragraph summarizes the paper and restates the purpose of the essay. What happens when you get a DUI varies by state but often includes fines, probation, license restrictions, and some amount of jail time. All these penalties can be enhanced if the DUI is aggravated or otherwise elevated to felony status. Depending on the results of your evaluation, you may then be required to attend a court-approved alcohol treatment program.

The law in the United States clearly declares that people should not drive while drunk. Generally, legal codes specify a blood alcohol content of between 0.08 and 0.10 percent, past which a person is legally intoxicated. Almost everyone agrees that drunk driving is reckless, therefore dangerous, and therefore wrong. Here, then, is a case where the law reinforces widely held public opinions. Not only will imprisoning drunk drivers on the first offense save lives, but it will prevent others from committing the impromptu crime. By adopting a harsher punishment for the crime, less people are likely to drive while intoxicated because they do not want to suffer the consequences. Accordingly, if one person is faced with imprisonment due to drunk driving, they may persuade others that it is simply not worth doing the spontaneous act and to put the car keys away until the alcohol wears off. Therefore, a harsher punishment, such as imprisonment, on the first offense will convince less people to commit the crime and in return save more lives from the tragedies.

Paying More for Auto Insurance

For example, the driver who comes to a pedestrian stop sign will not be able to stop as quickly as one who is not under the influence of alcohol. In other words, the driver cannot respond to a dangerous situation in good time. In almost all jurisdictions, if you want your driving privileges returned after a drunk driving conviction, you will have to complete an alcohol and drug education and assessment program. For repeat offenders, jail is mandatory in most states and the terms are longer than a couple of days. If there are aggravating circumstances connected with your DUI case, such as having prior convictions, the DUI may be a felony versus a misdemeanor, which means that penalties such as jail time can be increased. In all states, your sentence will include the loss of driving privileges for a period of time, even for a first-time DUI conviction. Some states offer a hardship license that allows you to drive to work or school during the time your license is revoked or suspended, but your driving privileges will still be drastically curtailed. A term of imprisonment imposed under subdivision or shall not be suspended. In the judgment of sentence under subdivision , the court may order vehicle immobilization as provided in section 904d. In the judgment of sentence under subdivision or , the court shall, unless the vehicle is ordered forfeited under section 625n, order vehicle immobilization as provided in section 904d.

Another reason would be many of people die all the time from drinking and driving and maybe sentencing the drunk drivers to prison on the first offense could give drinkers a wake up call. A person under 18 who commits a first DUI will be required to perform 10 to 60 days of community service. The juvenile’s driver’s license will also be suspended for six to 18 months. Even when a drunk driver is brought to trial, judges, juries, and even police and prosecutors are often reluctant to impose tough penalties on DWI offenders. “Many people in our society do not view driving after drinking as deviant behavior,” observes Reed.

While many will take stock of drunk driving with the number of accidents or deaths reported, other additional costs are left unmentioned. In a CBS News pullout, the psychological suffering that kids involved in traffic accidents, whereby we note a majority are caused by drunk driving leaves the survivors of such accidents in a very bad mental state. Such kids will develop a phobia of driving that will impact greatly in their productivity later in life. With such far reaching consequences of a rather “innocent” moment of indulgence, we realize that it is high time that offenders were made to realize the actual cost of their actions by being a slapped with a generous jail term in their first offence. This will go a long way in warding off potential offenders and actually saving lives and property. DUI is an acronym that stands for “driving under the influence.” Driving under the influence is the offense of driving or operating a motor vehicle while impaired by alcohol or another drug to an extent that makes operating the vehicle unsafe. When applied to alcohol, DUI is often defined by the state’s “legal limit,” which is typically a blood alcohol content of .08%. Typically, you will be ordered to pay all fines and costs, attend AA or a substance abuse counseling, refrain from drinking alcohol and from using any controlled substances, and you must not violate any other criminal laws.

Studies have shown that a person on the legal limit “has poor muscle coordination — affecting their balance, speech, vision, reaction time and hearing — find it more difficult to detect danger, and exhibit impaired judgment, self-control, reasoning ability and memory” . While the State governments allow this kind of incompetence in not-so-drunk drivers, it would be totally inhuman to allow a person past poor muscle coordination to hold responsible in a way the life and safety of other road users and pedestrians. It is therefore most logical to have such offenders jailed for their first offence. This imprisonment must be served consecutively to any other minimum mandatory penalty imposed for a violation of this section or an ordinance which prohibits the acts that this section prohibits. Any enhanced penalty imposed shall not exceed the maximum sentence allowable by law. During the service of the enhanced penalty, the judge may order the person on house arrest, work release or other conditional release. The counties, in cooperation with the Division of Alcoholism and Drug Abuse and the commission, but subject to the approval of the Division of Alcoholism and Drug Abuse, shall designate and establish on a county or regional basis Intoxicated Driver Resource Centers. These centers shall have the capability of serving as community treatment referral centers and as court monitors of a person’s compliance with the ordered treatment, service alternative or community service. All centers established pursuant to this subsection shall be administered by a counselor certified by the Alcohol and Drug Counselor Certification Board of New Jersey or other professional with a minimum of five years’ experience in the treatment of alcoholism. All centers shall be required to develop individualized treatment plans for all persons attending the centers; provided that the duration of any ordered treatment or referral shall not exceed one year.

• Once a person’s BAC reaches 0.05, the risk of a fatal crash substantially increases.
• Non-commercial drivers age 21+ are considered legally drunk when their blood alcohol level is .08 or more.
• In part, this seems to be caused by people’s belief that “it can’t happen to me.” “After all,” Reed observes, “those who currently drive drunk are not deterred by the small risk of a very severe penalty—accidental death.”
• This leads them to continue to do it because they feel if they were able to do it the other times, they can do it again.
• These statistics are horrifying and the country needs to take a clear stance against the careless and reckless driving that occurs when people drive under the influence of alcohol.
• Bloomfield Hills, for example, maintains a policy of sentencing nearly every first time offender to a short jail sentence.

Again, failure to complete treatment may result in cancellation of your driver’s license. This approach, which has been tried less often, is to teach people ways to avoid driving when dangerously or illegally drunk. It might include personal rules of thumb for knowing how much alcohol one can drink before reaching should drunk drivers be imprisoned on the first offense a certain BAC level, self-administered sobriety tests, or alternatives to driving when one has had too much to drink. The studies that attempted to evaluate these local projects suffered from serious methodological flaws, including noncomparable sites, inadequate controls, and a premature expansion of the program.

If personnel of the circuit court or the sheriff do not immobilize vehicles, only immobilization agencies that meet the conditions of this subsection shall immobilize vehicles in that judicial circuit. The court may also dismiss the order of impoundment or immobilization of any vehicles that are owned by the defendant but that are operated solely by the employees of the defendant or any business owned by the defendant. The court shall also dismiss the order of impoundment or immobilization of the vehicle if the court finds that the family of the owner of the vehicle has no other private or public means of transportation. For a first offense, you face up to a $1,000 fine and up to one year in jail.