DUI Criminal Charge

Drunk Driving & DWI conviction

Setting A Reasonable Palpable Impairment To Judge Level Of Intoxication For A DUI Criminal Charge

Laws are in place to gear human behavior to act reasonably. Thus, competing motivations have been put into place to maintain control over human behavior. Most folks drive to get from one place to another, whether it’s to work, school, doctor’s appointments, etc.

A significantly large portion of the adult population likes to drink alcohol or alcoholic beverages. If they decide to drink before getting into a vehicle, their body will have some level of intoxication. A modest amount of alcohol in the bloodstream hardly ever causes problems on the road and to other folks and themselves.  The majority folks recognize their drinking and act responsibly.

DUI Criminal Charge

DUI Criminal Charge – Why Zero Tolerance Isn’t A Good Idea

That’s why a zero tolerance policy to drinking and driving fails. It basically causes motorists to be subjected to a number of lawful abuses that’ll be much more than what’s presently seen. Thus, reasonable folks can come up with a reasonable standard that meets a situation, which has been set up on palpable impairment; something that doesn’t need to be blood alcohol content dependent.  This is because every person has a different level of impairment at the same BAC level.

When Is A DUI Criminal Charge Given Out

Any person driving a motorized vehicle who exhibits signs of impairment and has alcohol in their body can face a DUI criminal charge.

A high enough standard BAC needs to be automatically set for a DUI criminal charge to allow for the palpable impairment persons in the population. Thus, an enforceable .12 percent BAC is considered to be a reasonable standard.

This doesn’t mean a blood alcohol content of .12 is needed to be convicted of a DUI. Rather, to have a DUI criminal charge without this palpable impairment requirement, the blood alcohol content needs to be approximately .12 percent.

Average DUI criminal charges are for BACs of .15 and .17 percent. Thus, a .12 percent is below this average. Most folks recognize this intoxication level has being where impairment begins.

Fines for DUI convictions and punishments for DUI criminal charges should reflect the level of intoxication and the severity of the situation. Thus, persons who are found to have a .25 BAC need to be given a larger fine and stiff punishments than someone with a .12 BAC level.

If a drunk driver ends up causing injuries and/or damages, the consequences given should reflect the losses and needs to be paid to people who were injured by the drunk driver’s actions.

When a state places its attention on high BAC drivers and repeat DU offenders, its efforts are on the enforcement and treatment of very dangerous drivers. Of course, these folks consist of a minute number of real intoxicated drivers who are terrors on the roads.

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