Man has enjoyed alcohol from the moment he first put a fermented grape in his mouth. Wine is a staple of many dinner tables and cultures since the beginning of time and is mentioned in the Bible over 200 times.
The Germans have made beer a significant portion of their lifestyle and in Italy, many recipes revolve around wine as an ingredient.
Before there were cars, driving while intoxicated (DWI) or driving under the influence (DUI) did not exist. However, there were rules that became laws in regards to public intoxication and anyone who has watched an episode of Andy Griffith knows that Otis had his own cell in the local jail where he would sleep off his public intoxication. Otis was not even arrested; he voluntarily put himself in jail.
Until vehicles became the normal mode of transportation, drunk driving did not exist. Nevada’s law that makes it illegal to ride a camel while drunk may have been an early drunk driving law, but is still on the books to this day.
Now, of course, vehicles are prevalent and the place alcohol has in our culture is well established. It was obvious that prohibition was not going to work and created more problems for society than alcohol previously did.
Just as there are many states, there are different DUI penalties that surround being arrested for DUI and can be related to failing a breathalyzer test, or the decision to not take a breathalyzer test. Some DUI penalties include jail time, revocation of your driver’s license or probation and fines.
Often times the DUI penalties handed down depend upon your alcohol level, your previous record, your attitude when you were arrested and whether or not you were involved in an accident.
A DUI on your record has serious widespread consequences. A conviction for DUI can keep you from getting a job, keep you from keeping a job, cause your driver’s license to be revoked, put you in jail, cost you money in fines and cause hardship to yourself and your family. If you are in the military, you may be dishonorably discharged. A DUI penalty goes way beyond being arrested and put in jail.
If you have been pulled over by law enforcement for erratic driving or they have reason to suspect you have been drinking and driving, you may receive a DUI. A DUI is driving while under the influence of alcohol or other drugs and failing a breathalyzer test or a field sobriety test. Each test measures whether you are impaired. A breathalyzer measures blood alcohol and each state requires your blood alcohol level to be below 0.08 percent. A field sobriety test measures your ability to walk straight or talk coherently.
You can be arrested for DUI in a National Park. The federal government has jurisdiction over federal land and can issue a DUI the same way that states and local law enforcement can. If you get a DUI in a National Park, you will find yourself with a federal DUI and you will be facing the Code of Federal Regulations. The DUI penalty for failing a breathalyzer in a National Park is a Class B misdemeanor and can cost you $5,000, probation and six months in federal penitentiary. You cannot refuse a breathalyzer. If you refuse to take a breathalyzer test, you face a criminal offense charge.
If you are found intoxicated on any other federal land, you will find yourself facing the DUI penalties of the state the land is in under the Assimilative Crimes Act, which allows for the state to charge you with the offense.
Even though each state indicates that any blood alcohol limit over 0.08 percent is considered legally intoxicated, there are other laws that are state specific when it comes to DUI penalties.
Connecticut and Georgia will take your driver’s license away for a year for your first offense, while Connecticut will never let you have a driver’s license again if you have a third offense. Georgia, on the other hand, will let you have it back after five years if you have a third offense.
The DUI penalty in Idaho may require you put an ignition interlock device on your vehicle, but will not require you to take a mandatory alcohol treatment program. While the DUI penalties in other states such as Alabama require you to take a mandatory alcohol treatment program, Alabama will not put an ignition interlock device on your vehicle.
It does not matter where you get a DUI, it is in your best interest to always seek counsel from a professional attorney who is versed in DUI laws and DUI penalties.