Zero Tolerance Law
In most states, the authorities will charge a driver with impaired driving* if the Blood Alcohol Content (BAC) level is 0.08%. A few states have introduced a lower level of 0.08%.
This BAC level is often referred to as the “legal limit.” However, if you are under 21 years old, you can be charged with drunk driving under the zero-tolerance law. The legal level under this law ranges from 0.00 to 0.02 percent, depending on the specific state law.
You must understand the zero-tolerance law if you are under 21 years old. Even a small amount of alcohol can easily put you at risk. It is also important to know that a conviction based on blood alcohol content is more or less automatic. No other proof is needed. And remember, any traces of alcohol in your blood may result in a conviction.
If the police charge you under this law, you will also receive all penalties in full. Courts tend to show “zero tolerance” for this violation. In most states, the DMV automatically suspends your driver’s license, even without a court conviction. Such a suspension is known as an “administrative per se” suspension.
Drinking and Driving
Even if being arrested and facing a charge can be a scary experience, there is much more at stake. Driving while impaired is not only against the law; it is also dangerous and could cost someone their life.
It is dangerous enough for experienced drivers to drive while impaired; inexperienced drivers can make the situation even worse.
It goes without saying that alcohol and driving do not make a good combination. You could talk to just about any family and find out that they have lost someone due to an alcohol and driving fatality. Many of those lost are teenagers who thought a few drinks would not affect their driving.
When are You Impaired?
Research says otherwise. Studies have shown that driving under the influence of alcohol, even with a BAC below 0.02%, can affect a driver, especially when the driver is under 21 and inexperienced.
It cannot be said often enough: even a small amount of alcohol can alter your driving skills.
How Alcohol Affects You
To drive safely in rapidly changing road scenarios, it is essential that you are capable of reacting quickly and effectively. Drinking slows down your ability to maneuver and use your skills efficiently. Delayed brain function and information processing are typical effects of alcohol. Alcohol can affect hand-eye coordination, too.
But more importantly, alcohol impairs your judgment. It is harder to judge the speed and distance of other vehicles, and you become more likely to take risks.
Since your judgment is affected, you are most likely unaware of this.
Background to the Zero Tolerance Law
The number of alcohol-related deaths and accidents on American highways pushed for stricter drunk-driving laws in the 1980s. A special focus was put on underage drivers. By imposing a low BAC level and severe penalties, lawmakers designed the zero-tolerance law to lower the number of accidents caused by young drivers. They also created the law to discourage young people from drinking alcohol altogether.
Testing for Impaired Driving
Police determine impaired driving through several methods. After a traffic stop, a law enforcement officer will look for slurred speech and thoroughly evaluate the driver’s eyes to see if they appear glazed or glassy. Officers are specifically trained to identify signs that indicate a driver’s ability to drive is impaired.
Suppose an officer deems that you are younger than 21 and appear to have consumed alcohol. In that case, the officer may temporarily detain you to take a breathalyzer test to determine your blood alcohol level (BAC), usually at the police station. They may also ask for a urine or blood test.
Criminal Consequences
Penalties for violating the zero-tolerance law vary from state to state. There is always an administrative per se suspension or revocation of your driving privilege. The period varies from 30 days to two years for a first offense. When convicted in court, penalties may include community service, a fine, and further suspensions of your driving privilege.
In some states, you must complete an alcohol awareness course before DMV reinstates your driver’s license. You may also be required to submit a complete driver’s license examination to be re-issued with a driver’s license.
Other Consequences
Besides criminal consequences, a young driver with a conviction of impaired driving could lose their job and risk future opportunities. Scholarships may be revoked or denied. Both personal and professional relationships may change. While short-term consequences are well-known, the long-term consequences may be the ones that hurt you the most.
Still, the most significant and dangerous consequence is that someone could lose their life because of an impaired driver.
A drink isn’t worth that price.
*/ The legal term for impaired driving varies by state but is often referred to as Driving Under the Influence (DUI), Operating Under the Influence (OUI), or Driving/Operating While Impaired/Intoxicated (OWI/DWI). In most cases, they all mean the same thing. However, some states make a difference between DUI (an offense for which a driver can be charged if the driver’s blood-alcohol concentration is above 0.05) and DWI (0.08%).
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Ref.
https://ncadd.org/about-addiction/addiction-update/driving-while-impaired-alcohol-and-drugs
https://www.drugabuse.gov/publications/drugfacts/drugged-driving
https://en.wikipedia.org/wiki/Driving_under_the_influence#Risks
http://www.yourlegalguide.com/zero-tolerance-laws/
Facts about The Legal Alcohol Limit in the U.S.
The term “narcotics” is more closely related to opium and heroin, not to cocaine and marijuana. However, laws in many areas do label marijuana as a narcotic as well. The effects various drugs have on drivers are currently being studied worldwide. In many cases, the results are still inconclusive as it pertains to marijuana, which is considered by many to be the true recreational drug of the day. Regardless of the drug, if a driver is impaired while driving, the consequences could be deadly.
Marijuana Impairs More Drivers than Any Other Drug
Next to alcohol, marijuana impairs more drivers than any other drug.
It is considered by far to be the most widely used recreational drug. Although many will argue the effects it has on drivers or the lack thereof, many laws consider it to be a narcotic, and driving while influenced will lead to criminal consequences.
Known Effects of Marijuana
The debate over the true effects of marijuana rages on, but many studies have shown that it can cause some drivers to lose their perception of time and distance. Experts believe that it can induce lane weaving and cause poor reaction time. Although some studies have shown that it is less likely to impair drivers than alcohol, it does impair more than drivers that don’t use either. The mind-inducing element in this particular drug is THC.
The Impairing Effects of Drugs
Different drugs may cause various effects in the users. However, in general, all will impair the driver from operating their vehicle safely and effectively to some degree. The level of their impairment depends on the amount of the drug that their system has absorbed. Studies have shown that cocaine causes many drivers to be reckless and aggressive. A variety of drugs can cause the user to lack good judgment, experience delayed reaction times, and impair motor skills. Some people may lose proper balance, coordination, and attentiveness. In general, all of these drugs can leave the driver impaired and unable to safely maneuver their vehicle.
In any case, drugs and driving don’t mix.
The Dangers of Driving While Impaired
Anyone or anything in the vicinity of an impaired driver is in danger. Other vehicles, pedestrians, and property are all subject to injury, death, or damage. The leading cause of death among teenagers between the ages of 16-19 is car accidents. Although excessive speed causes many of these accidents, impaired drivers also cause a good percentage.
It is not legal to drive while impaired.
The laws against drugged driving differ from state to state. Drivers caught driving while impaired will be charged with DUI (driving under the influence) or DWI (driving while impaired.) To most people, these offenses bring to mind only alcohol, but many people charged with DUI or DWI are charged with a controlled substance DUI/DWI.
The penalties include fines, probation, or even jail time. In most cases, the driver’s license will be suspended.
Remember, just because it is legal to use marijuana in several states, it is not legal to drive while impaired.
What Happens if You Are Arrested?
The arresting officer typically determines drug use through urine tests or blood tests. While the legal alcohol limit provides the court with an easy-to-use measuring system, drug DUI arrests are more complex.
If a controlled substance or illegal drug is found in your blood or urine, you are likely to be convicted. In some states, any detectable level of an illegal drug in your system is enough to get you convicted.
It is, however, important to remember that “drugged driving” is not limited only to illegal drugs.
Accidents Caused by Drug Impairment
Even if driving under the influence of drugs is one of the top causes of car crashes, it is quite difficult to estimate how many accidents are truly caused by drugged drivers.
What we do know is that drugs and driving can change the lives of many and end the lives of more than necessary.
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Photo credits: Joshua Resnick and Rommel Canlas
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