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drink and drive

genephergenepher Registered User new member
What are the punishment for first time drink driving offense?

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    CasualCasual Wiggle Wiggle Wiggle Flap Flap Flap Registered User regular
    genepher wrote: »
    What are the punishment for first time drink driving offense?

    Which country/state are you in?

    Generally speaking they don't give you leeway for a first time offence because drink driving is a pretty big deal, if you get caught doing it in the UK expect to lose your licence at the very least.

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    TheBigEasyTheBigEasy Registered User regular
    Also - what was your alcohol level? There are states/countries with a zero alcohol level policy, and there are some which the highest level you can legally have is 0.8 or something. Did you violate anything else as well, i.e. were you speeding at the same time?

    As an example. In Germany the limit is 0.5 promille in your blood (did I phrase that correctly?). Get caught with a figure/value above that and you'll get fined at the least. Fines can range up to 3.000€ (which currently is about $4,000).

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    Dr. FrenchensteinDr. Frenchenstein Registered User regular
    .08! not .8, pretty sure are super dead at .8

    it depends on a lot of things. i went to college in a small town in southern MD, and i had to go to court for underage drinking (2 months before i turned 21!!). there were about 5 DUI cases before me, all of them got PBJ. Granted, there is a difference between DUI and DWI... DWI is when you are really in trouble.

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    MrTLiciousMrTLicious Registered User regular
    American BAC is a percent, and promille is per thousand

    In America a typical first offense will result in a fine and a license suspension varying from 1 to 6 months. It varies pretty wildly state to state though, and of course how much you were drinking and whether you caused any injuries/damages. If you didn't cause any damage and weren't ridiculously over the limit, you may be able to plea out with a fine without a suspension (IANAL).

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    zagdrobzagdrob Registered User regular
    If you're in the US, you're almost certainly looking at 6 months or more of restricted (work / school and back) or suspended license. In my state, 6 months is automatic on a conviction / plea.

    Probably something like $1000-2500 in fines / costs by the time all is said and done, and likely a requirement to attend some 'alcohol education' classes and maybe do an evaluation. Possibly community service, on the order of ~100 hours.

    It can vary significantly based on where you are, how drunk you are, and other modifiers (was there an accident, were you speeding, etc).

    Depending on where you are at, a lawyer may not matter, but it's probably good to do a consultation with one just to be sure.

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    BlindZenDriverBlindZenDriver Registered User regular
    genepher wrote: »
    What are the punishment for first time drink driving offense?

    Apart from the legal stuff a few other things come to mind. Like possible damage to property, injury and death. Seriously - drinking and driving should not be mixed.

    Some may think they'll get away with it or even that the worse they risk is the driving license, but those people lack imagination and class. Those people should try imagining their drunk driving causing an accident and possibly harming someone in the process and then hopefully they'll see it is not to be taken lightly.


    Bones heal, glory is forever.
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    naporeonnaporeon Seattle, WARegistered User regular
    Also, foreign travel is restricted. Some countries (e.g. Canada) will refuse you entry if you have a drunk driving conviction.

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    HevachHevach Registered User regular
    edited July 2013
    Here's a chart for the US. Doesn't show fines, but does cover most other penalties.

    This is one of those things that judges just LOVE to come down really, really hard on, even with first offenders. Sometimes especially with first offenders.

    If you have a lot of money, it can be amazing what a good lawyer can do, getting the whole thing downgraded to defective equipment isn't unheard of, but if you look at cases like that they read a lot more like blatant corruption than leniency.

    Hevach on
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    DjeetDjeet Registered User regular
    Depends on local policies/ordinances, how the officer who pulled you over treats the situation, and of course the particulars of the situation.

    Assuming this is in the US and there was a DUI/DWI arrest you can bank on a license suspension of 3-12+ months (it may be possible to petition the DMV/DPS to get a license so you can drive to work), fines of $3K+, probation for 6-18+ months (this costs money and time, and they will likely breathalyze you randomly), requirement to complete alcohol awareness/education classes, and a misdemeanor+ on your criminal record. Having legal counsel would be key in minimizing all of the above, or getting you deferred adjudication or some other means to have this not come up as a conviction or to permit an eventual expunction of your record. If you plead no contest your punishment will be up to the judge to decide with only the prosecution's counsel. If you have other items on your criminal record (particularly relating to alcohol or drugs) then that is going to figure into your punishment.


    Note: IANAL and this is not legal advice.

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    Dark_SideDark_Side Registered User regular
    Depending on where you are at, a lawyer may not matter, but it's probably good to do a consultation with one just to be sure.
    '

    If in the US, I'd definitely get a consultation. From my observations of friends/acquaintances who've had lawyers vs. one's who didn't, the ones with lawyers all managed to plead down to lesser charges.

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    zagdrobzagdrob Registered User regular
    Dark_Side wrote: »
    Depending on where you are at, a lawyer may not matter, but it's probably good to do a consultation with one just to be sure.
    '

    If in the US, I'd definitely get a consultation. From my observations of friends/acquaintances who've had lawyers vs. one's who didn't, the ones with lawyers all managed to plead down to lesser charges.

    Yeah.

    Mine (when I was 19) was a bit of an aberration - I didn't get a lawyer, but took my chances with going in there and taking full responsibility / making no excuses and putting myself on the mercy of the court. I ended up out the door with the minimum required in my state at the time - roughly $500 in fines / fees, had to attend one half-day class, and the mandatory 6-month restricted license.

    Wrecked car and insurance bent me over, but that's a given.

    I wouldn't advise anyone to follow my lead as typical.

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    genephergenepher Registered User new member
    Thanks for sharing your reply.. what are penalties the person's alcohol level .95 in omaha(state)..

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    ceresceres When the last moon is cast over the last star of morning And the future has past without even a last desperate warningRegistered User, Moderator mod
    That is a very specific question and I'm not sure if anyone here can answer it, but either way your best resource is probably an internet search at this point.

    And like Dr. French said, at .95 your biggest penalty legal penalty is that they issue you a death certificate. You probably mean .095.

    And it seems like all is dying, and would leave the world to mourn
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