Automobile accidents are the top killer of teens in the U.S., with 42 percent of the accidents due to alcohol. There are different tickets involved in an alcohol related incident: one for driving while intoxicated (DWI) and another for driving under the influence (DUI). If you′re stopped by the police, you may be asked to take a test to check the alcohol level in your blood. Remember that when you apply for a driver′s license, you automatically agree to being tested upon request for your blood-alcohol level. If you refuse to take the test, your license may be suspended.
The test given may be a field sobriety test involving physical exercises at the scene to determine your physical state—touching your nose, picking up a coin while standing on one foot, etc. The officer may also check your eyes for dilation or rapid movements.
Or you may be asked to take a breath or blood test. Either of these gives a reading indicating your level of sobriety.
If your blood-alcohol level is under the state′s legal limit (for example, .08 or .10), you may be cited for driving under the influence. If your level is at or over the limit, you′ll receive a ticket for driving while intoxicated.
The penalties for either offense are serious and are becoming even more strict across the nation. Loss of your driver′s license for a period of time is common practice, while substantial jail time is imposed for second and subsequent offenses. You′ll also notice a significant increase in your car insurance. A DUI or DWI stays on your record for years. Your insurance agent can give you the specifics under your state′s laws.
Related offenses cover such incidents as having an open beer or wine bottle in your car, soliciting someone to buy alcohol for you, and buying alcohol for a minor. All carry stiff penalties with far-reaching effects. A fairly new crime involves the use of cellphones and texting while driving. A few states [Washington and California] already prohibit this with at least a dozen other states considering new legislation. Fines run from $20.00 per violation to hundreds of dollars. TWD [texting while driving] is getting a lot of attention due to traffic deaths across the country.
Most states also have an Open Container Law which prohibits the possession and consumption of alcohol in vehicles. The law applies to drivers and passengers as well as any area of the car where a passenger can sit. So, even if you’re driving alone and have an open beer can or bottle behind your seat, it’s illegal. Check with local law enforcement to see if your state has an Open Container Law.
My friends husband has a jeep.She found a open bottle of alcohol in the back of the jeep. When she confronted him he said the police couldn’t do anything about it because it was in the back. True or not?
Good question. The answer depends on whether your state has an Open Container Law and what it says. In 1998, Congress pass a law against the possession and consumption of alcohol in vehicles [23 U.S.C.A. 154]. The law is tied to federal transportation funds which states can receive once they create their own open container law. Most states have complied. It includes all passengers, not just the driver, and anywhere in the car/truck where a passenger could sit, whether present in the car or not. So, an open bottle or can behind the driver’s seat but in a passenger area would violate the law. Check with local law enforcement to see if your state has an Open Container Law. Regards, -ATJ.info.