Clear Your Drunk Driving Record

Clear Your Drunk Driving Record

The process of DUI case is stressful and complicated if you know nothing about it. If you have found yourself in this situation, you know how much you need help, but it does not seem to be forthcoming. DUI Process.com is made for people who are looking for information about the DUI process. It equips you with steps and information you need to complete the DUI process successfully. The program was created by people who went through the DUI process, the purpose of providing information On How to Clear Your Dui/DWI Conviction Record is to help you get self-help services. The site does not offer legal advice nor have any lawyers, so you cannot find a legal expert to represent in your case via the website. But, you can find paid lawyers advertising their services here. DUI laws vary and therefore, you should read understand what your state refers as driving under the influence. The circumstances surrounding the arrest also determine the type of charges you are likely to face. Some states are stricter than others; first offenders can pay small fines, get a short driving license suspension, or spend time in jail. In areas where the laws are stringent, you may be asked to install an interlock device in your vehicle's ignition to ensure that you get back your license only at the end of the suspension.

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The Crime Of Drunk Driving

The first drunk-driving laws made it an offense to drive while intoxicated or to drive under the influence (DUI) of alcohol. Starting in the 1950s, states began to pass per se laws, which made it an offense to operate a motor vehicle with a BAC that exceeds certain levels. When a suspect is arrested for drunk driving, he or she is asked to take a deep breath and blow into a machine (the Breathalyzer is one model) that measures the amount of alcohol in the breath and converts it into a measure of the amount of alcohol in the blood. Pursuant to implied consent laws, suspects who refuse to provide a deep-lung breath sample are penalized by loss of their driver's license and sometimes by other sanctions as well. The evolution of breath-testing equipment, including hand-held devices (like the In-toxilyzer), has greatly eased the identification and conviction of drunk drivers. Despite folklore to the contrary, it is extremely rare that suspects who ''fail'' the breath test obtain...

Mothers Against Drunk Driving

(MADD) This organization works to reduce Drunk Driving and to help the victims of drunk-driving ACCIDENTS. Many of MADD's members are volunteers who have personally suffered from the results of drunk driving. This national organization was founded by Candy Lightner, whose thirteen-year-old daughter, Cari, was killed by a drunk driver on May 3, 1980. Ms. Lightner was outraged to learn that only two days previously the driver had been released from jail, where he had been held for another hit-and-run drunk-driving crash. Although he had been arrested for drunk driving several times before, he was still driving with a valid California license. Candy Lightner decided to begin a campaign to keep drunk drivers off the road, so that other mothers would not have to suffer the anguish that she was experiencing. On September 5, 1980 (Cari's birthday), MADD was incorporated. Since then, MADD has evolved into an organization with millions of members and hundreds of local chapters across the...

Drunk Driving

In 2000, President Bill Clinton signed legislation that required states to take a much stricter approach to drunk driving, lowering the BAC limit to 0.08 percent, or they will lose federal highway funding. Beginning in October 2003, states that have failed to pass this law will lose 2 percent of their highway funding and will continue to lose an additional 2 percent of the funding for each year that they fail to pass the law, up to a loss of 8 percent annually.

Magnitude Of The Problem

More than 2 million people are arrested each year for drunk driving. The actual number of offenses, while unknown and unknowable, must be far greater, since only a fraction of all violators are apprehended. A few researchers have mounted roadside surveys in which drivers are stopped and asked to voluntarily provide a breath sample from which the amount of alcohol in the blood can be calculated. While this is the best strategy for determining the actual amount of drunk driving, there are many problems with this methodology (which roads what times how many refusals ). A 1985 Minnesota roadside survey found that of 838 drivers on the road between 8 00 P.M. and 3 00 A.M. (prime time for drunk driving), 82.3 percent tested negative for any alcohol, 6 percent tested at BLOOD Alcohol Concentration (BAC) 0.05-0.09 percent (included as a lesser Driving While Intoxicated DWI offense in some states), and 2.4 percent tested above the drunk-driving threshold of BAC 0.1 percent. The most impressive...

Minimum Drinking Age Laws

Remove Intoxicated Drivers and Mothers Against Drunk Driving, federal legislation was passed in 1984 that called for the withholding of a portion of federal highway-construction funds from any state that did not have a legal drinking age of 21 by October 1986. As a result, all the remaining states with a legal drinking age of below 21 raised their age to 21 by 1988. Thus, all states now have a uniform legal drinking age of 21, although details in regard to the purchase, possession, consumption, sales, and furnishing of alcohol to underage youth vary from state to state.

When To Contact Your State Licensing Agency And Insurance Company

It is important that you inform your insurance company of all changes in your condition and of your use of special equipment. In particular, the company needs to know about any pieces of assistive technology that have been installed in your vehicle so that they can be covered by your policy. Your policy rates will be based on both your driving record and the replacement value of your vehicle and special equipment. Make sure that you can afford the insurance premiums before you change vehicles or add pieces of assistive technology.

The Antidrunkdriving Movement

At the same time the parent drug-prevention movement was targeting illicit drug use and the problems it generated among young people, another group of parents and families took aim at the problem of drunk driving and the devastation it was creating on the highways, particularly among young people. At the time, deaths from alcohol-related crashes were so prevalent that drunk-driving crashes had become the leading cause of death among adolescents. Families of many young people whom drunk-driving crashes had killed organized groups such as Mothers Against Drunk Driving (MADD), Remove Intoxicated Drivers (RID), and Students Against Drunk Driving (SADD) (now Students Against Destructive Decisions) to stop the carnage on the highways. As with the parent-led, drug-free movement, parents who led the anti-drunk-driving movement first raised the nation's awareness about the problem and then developed strategies to address it. Among the many contributions this movement has made, perhaps the most...

Jerald G Bachman John M Wallace Jr

RID's victim-support activities, which are free, include providing long-term emotional support to victims of drunk-driving crashes and to their families counseling victims and accompanying them throughout all phases of criminal prosecution of the offender assisting victims in obtaining compensation and referring victims and their families to appropriate supportive agencies. Court monitoring and research activities include monitoring the efforts of police, prosecutors, magistrates, and judges in drunk-driving cases through research and analysis of local court records, and reporting these findings to the public. RID's public awareness and education activities are extensive. Members organize public meetings present educational talks to community and religious organizations participate in forums, exhibits, and media events supplement high school driver-education classes and support

Thomas F Babor Revised by Michael B First

Students who took Anastas's course reacted enthusiastically and formed an organization to reduce alcohol-related traffic deaths among their peers. They initially called the organization Students Against Driving Drunk (SADD) in order to focus attention on the act of drunk driving, not on the drivers themselves. An anecdote related by Peggy Mann (1983) captures SADD's approach and philosophy When a student jokingly suggested that SADD involve the governor, Anastas replied, I believe that if you dream it, it can be done,'' and when the governor became the honorary chairman of SADD, its motto became ''If You Dream It, It Can Be Done. ' Within a year, chapters had been formed throughout Massachusetts and the program was gaining national attention. (See also Accidents and Injuries from Alcohol Dramshop Liability Laws Drunk Driving Mothers Against Drunk Driving Prevention Movement)

Public Awareness And Education

MADD is involved in various efforts to raise public awareness and concern about drunk driving. The ''National Candlelight Vigil of Remembrance and Hope ' is held in many locations each December, drawing victims together to give public testimony to the suffering that results from drunk driving. During the ''Red Ribbon Tie One On for Safety'' campaign, which takes place between Thanksgiving and New Year's Day, MADD encourages citizens to attach a red ribbon to their car as a reminder to themselves and others to drive sober. MADD's well-known public awareness campaign of the past used the slogan, ''Think . . . Don't Drink and Drive ' in public-service announcements on radio and television and in print materials. A more recent campaign, ''Keep It a Safe Summer'' (KISS) emphasized the need for sobriety during recreational activities that involve driving, boating, or other risky activities. MADD also provides curriculum materials for schools and each year sponsors a poster and essay contest...

Assistance To Victims

Programs that provide aid to victims of drunk-driving crashes constitute the heart of MADD's mission. Support groups help victims share their pain with others who understand their feelings. MADD members send ''We Care'' cards to victims of recent crashes. Specially trained victim advocates offer a one-on-one personal relationship with victims, trying to respond to both their emotional and practical needs. Victims are briefed on their legal rights and on the judicial procedures relevant to their cases. They can call a toll-free number (1-800-GET MADD) for information and for help in case of crisis. MADD also offers death-notification training for police and specialized training for other community professionals, such as clergy and medical workers, who are called upon to assist victims.

Other Antidrunkdriving Strategies

In addition to deterrence, states and localities have implemented many other anti-drunk driving strategies. Since all these strategies are being used simultaneously, it is impossible to attribute any reductions to one strategy over another. Some courts have made punitive damages available in drunk-driving cases. This allows the victim of a drunk driver to recover any amount of money a jury deems appropriate for punishment. Some states permit insurance coverage of punitive damages, thereby negating whatever deterrent effect such damages might produce, but not negating a windfall for the victim. In some states, legislatures and courts have expanded civil (tort) liability for causing drunk-driving injuries to include commercial hosts and package sellers of alcohol. While these DRAMSHOP LAWS vary from state to state, they essentially make purveyors of alcohol to underage or intoxicated persons liable for the injuries caused by such persons to themselves or others. A few state courts have...

Deterring The Drinking Driver

Deterrence based on the threat of arrest, conviction, and punishment remains the chief strategy in the attack on drunk driving. During the 1980s, state and local governments have established dozens of strike forces and passed hundreds of laws aiming to raise the costs to the offender of driving while intoxicated. In a series of empirical evaluations of police crackdowns and elevated maximum punishments in the United States and abroad, the sociologist H. Laurence Ross found that this type of law-enforcement escalation usually produces a reduction in drunk driving (as measured by single-vehicle fatalities), but not a long-term reduction. ''No such policies have been scientifically demonstrated to work over time under conditions achieved in any jurisdiction . . . the option of merely increasing penalties for drinking and driving has been strongly discredited by experience to date.'' While Ross has done far more empirical research than anybody else on deterring the drunk driver, his...

The Legislative Agenda

According to MADD, drunk driving is a violent crime. One of its rallying slogans is, ''Murder by Car Is Still Murder '' Over the years, MADD members have worked to generate public support for passage of stricter drunk-driving legislation, punitive sanctions, and more consistent enforcement measures aimed at deterring drunk driving. In the 1980s, intense lobbying efforts were undertaken for the passage of laws making twenty-one the minimum legal age for drinking (now in force in all 50 states). The group believes that this measure has saved thousands of young lives that would have been lost in drunk-driving crashes. MADD has also lobbied for changes in judicial procedures that would make the system more responsive to victims of drunk driving. For example, in many states victims had been barred from the courtroom during the trial of their own drunk-driv MADD has been instrumental in the passage of over 1,000 tougher drunk-driving laws that close these loopholes and institute other...

Alcohol Use By Americans

The illegal use of alcoholic beverages by teenagers has generated a high level of concern on the part of health-care professionals, police, parents, and activist groups such as Mothers Against Drunk Driving (MAAD) and the Center for Science in the Public Interest (CSPI).

Recent History

Groups such as Mothers Against Drunk Driving (MADD) and Students Against Drunk Driving (SADD) known today as Students Against Destructive Decisions were created to DRUNK DRIVING THE STRAIGHT FACTS It's not just the drinkers who are affected by alcohol. In 1996, 40 percent of the people who died in crashes involving drunk driving were not the drivers, but passengers in the car, people in another car struck by the drunk driver, or pedestrians. More than a million people are arrested each year for driving while intoxicated. More people are arrested for drunk driving than any other crime nearly 10 percent of all arrests are for driving while intoxicated.

Verner Stillner

DRAMSHOP LIABILITY LAWS Dramshops are taverns, saloons, bars, and drinking establishments. All states impose fines and other punishments when alcohol is sold to ''visibly intoxicated'' customers or ''habitual drunkards.'' Although historically these laws aimed to preserve public order and morality, today they are perceived primarily as tools to curtail drunk driving. Their effectiveness is a direct function of compliance and enforcement. Although compliance has rarely been studied, one study in Michigan found that an increase in police enforcement (through visits and warnings) resulted in a three-fold increase in the rates of service refusal to intoxicated patrons. In addition, service intervention training has been voluntarily implemented in many states and is required by law in some. Although the evidence is mixed, recent research indicates that sustained (SEE ALSO Alcohol History of Drinking Driving, Alcohol, and Drugs Driving Under the Influence Drug Interactions and Alcohol Drunk...

The Offender

It is difficult to find reliable data on which to base a profile of the drunk driver. Using arrest data, we find that the vast majority, 90 percent, of drunk drivers are male and white. Despite the common belief that teenage drivers are most likely to be drunk, it is the mid-twenties age group that deserves this notoriety. Since it takes heavy drinking (from four to six drinks in two hours, depending on the drinker's weight) to reach the prohibited level, it is unlikely that light drinkers very often commit drunk-driving offenses. Thus, people who drive drunk are likely to be heavy drinkers and alcohol abusers. Nevertheless, light and moderate drinkers may on occasion drive drunk, perhaps due to a binge. Since light and moderate drinkers greatly outnumber heavy and abusive drinkers, they may in fact comprise a substantial proportion of arrested drunk drivers. The consensus of studies based on screening tests of drunk drivers is that about 50 percent arrested for this offense are...

Gold Tracy 1969

As one of the first child celebrities to go public with her eating disorder in the age of television, Gold paved the way for future celebrities to do the same. In April 2005, Gold related how coming to terms with her other problems and situations, specifically her arrest for drunk driving on September 3, 2004, was similar to the way she came to terms with anorexia. She stated, I've always been the person who's the people pleaser, the person who tries to make everybody else happy. I've come a long way and I've done a lot of work on myself, and I'm really proud of myself about that. But it's still a part of who I am (Anon, 2005). All forms of asocial behavior can be explained by claiming a personality rooted in a socially acceptable form of mental illness, such as addiction. By this point, the proof of her claim is her position as a celebrity revealing her anorexia nervosa to the public.

Enforcement

Enforcement of drunk-driving laws is the responsibility of local police, county sheriffs, and the state police or highway patrol. The Fourth Amendment to the U.S. Constitution prevents police from stopping cars at random and requiring drivers to take breath tests. Police must have probable cause to believe that drunk driving or some other offense (including traffic offenses) has been, is, or is about to be committed. Once a driver has been legitimately stopped, the police officer can order the driver to submit to a field sobriety test, which may consist of walking heel-to-toe, counting backwards, or performing other tasks that reveal intoxication. If the driver's performance on the test gives the officer probable cause to believe that the driver is intoxicated, the officer will arrest the driver. At the station, drivers will be told that they are required by the implied-consent law to submit to a breath test refusal to cooperate will lead to license revocation. In the 1980s, as states...

High Risk Groups

While alcohol abuse and alcoholism affect virtually every segment of the population, certain groups are at greater risk. Young adults between the ages of eighteen and twenty-nine have the highest prevalence of alcohol abuse, and persons who begin to drink at an early age, especially before the age of fourteen, have a greater risk for developing problems with alcohol. Persons with a family history of alcohol abuse or alcoholism are also more likely to experience alcohol-related problems. In the United States, American Indians and Alaska Natives (AI ANs) have the highest rates of current and heavy drinking of all racial or ethnic groups. Deaths from chronic liver disease and cirrhosis are nearly four times greater among AI ANs compared to the general U.S. population. They also have a higher prevalence of drunk driving compared to the general U.S. population.

Consequences

In 1996, there were 95,877 federal drunk driving offenses, although the number has been declining for several years. Most offenses are for impaired operation of motor vehicles, but about 8 percent are for refusal or failure to provide a breath sample. There were 16,239 people jailed for drunk driving offenses in 1996, about 20 percent of all jailed people.