It is against the law to operate a motor vehicle while intoxicated. In most states, a BAC of .10% or greater is considered intoxicated. In many states, the legal limit is .08%. Any vehicle operator whose BAC is measured at these limits or higher is considered intoxicated and in violation of the law, no matter how sober he or she may look or act.
Operating a vehicle while under the influence of alcohol is now viewed across the country as being a much more serious offense than it was just a few years ago. Under a push from citizens' groups, such as Mothers Against Drunk Driving (MADD), states and communities are now cracking down on drinking drivers. Law enforcement has been stepped up across the country with the result that the chances of being caught are far greater than they used to be. Judges are much tougher, too. A few years ago, first offenders had a good chance of getting off with a small fine and going to a drinking drivers' school. Nowadays, the laws of most states impose stiff penalties on drinking drivers. And these penalties are mandatory, meaning that judges are required to impose them. Here are the penalties commonly imposed upon drinking driving offenders, including first offenders: **
- License suspension - Conviction for a drinking driving offense is almost certain to result in suspension of the driving privilege for one to six months. Where the judge does not suspend it, the state department of motor vehicles will. In some states, simply being arrested with too much alcohol in the bloodstream will result in immediate suspension, even before the case comes to court.
- Fines - States and communities now hit drinking drivers with stiff fines. Many add special fees and assessments for testing, evaluation, and training.
Although the financial penalties generally range between $300 and $500 for first offenders, fines for additional offenses may range between $1,000 to $2,000.
- Insurance - Riders convicted of drinking and driving offenses are sometimes required to take out special assigned risk insurance. The annual premiums of such insurance can add from $500 to $1000 per year to the cost of insurance.
- Jail - This used to be a punishment reserved only for chronic offenders. Now, a number of states impose jail sentences on first offenders. Typically, the jail stay is only one day. However, for most offenders it's the longest day they've ever spent.
- Community service - Some judges and some state laws authorize community service in lieu of a jail term. These services usually consist of picking up litter along the highway, washing cars in the motor-vehicle pool, working at emergency wards, and other less-than-enjoyable tasks. Fifty hours of community service is common for first offenders.
Costs - Added to the penalties described are a number of dollar costs such as lawyers' fees ($500-$1,000), lost work time spent in court and alcohol-education programs, public transportation costs (while the license is suspended), and whatever psychological cost there is having been tagged a drunk driver.
** Instructors should familiarize themselves with the laws of their own states in order to be able to site specific figures such as months of suspension, dollar fines, additional penalties. However, since drivers are frequently convicted of driving offenses outside of their own communities and their own states, the discussion should include all of the penalties that are described.
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