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A driver over the age of 21 whose blood alcohol concentration is over 0.08 should be charged with a?
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∙ 6y ago
DWI
Wiki User
∙ 6y ago
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If a driver is asked, should he/she take an alcohol breath test or not?
They should proceed and follow the policeman and his orders. If asked, a driver should comply with all requests by a police officer, including breath tests for alcohol. Refusal to do so is a violation of your driving privileges, and your driver's license will be automatically revoked.
What steps should a person take if he or she wishes to make a responsible decision about alcohol?
Appoint a designated driver.
What happens to a drunk driver that wrecks and his passenger dies?
The driver should be charged with manslaughter or vehicular homicide, depends on the laws of the state and what the prosecutor charges the driver with. It's very serious and carries jail time.
Who should be charged with a violation if a four-year-old front-seat passenger is not wearing a seat belt?
The driver of the vehicle.
What DWI Laws Might Mean For Drivers?
Laws related to driving under the influence of alcohol or drugs (DUI), also known as driving while intoxicated (DWI), vary from state to state. Most states have tough DWI laws because they want to discourage drunk driving, especially among underage drivers and because deaths in DWI-related accidents have continued to rise in recent years.Blood Alcohol LevelIn most states, a driver is considered intoxicated if his blood alcohol level is above .08. Police can test a driver's blood alcohol level by conducting a breathalyzer test, in which the suspect must blow into a blood alcohol meter. Underage drivers usually are not allowed to drive with any amount of alcohol in their blood, and in some states drivers may be required to have a lower blood alcohol level if they have a minor in the vehicle with them.Consequences of DWIThe consequences of being convicted of DWI depend on how often the driver has been convicted of this offense within the past seven to 10 years. DWI convictions usually lead to jail time; the Department of Motor Vehicles also suspends the driver's license for a period of time. Second and third offenses lead to longer sentences than first offenses, and if a driver is convicted of DWI more than three times in a seven or 10 year period, the driver may lose his license permanently. Drivers may also have to make financial restitution to victims if they were involved in an accident while under the influence of alcohol or drugs.Per Se ConsequencesMany states impose "per se" consequences, meaning that if a driver is charged with driving while intoxicated, the DMV immediately suspends his license. The suspension can be overturned if the driver is acquitted of the accusation after trial. Drivers should also be aware that in many states, refusing to submit to a breathalyzer or other blood alcohol test is considered an automatic admission of guilt; the driver will be charged with DWI and the DMV will suspend his license.What to DoIf a driver is charged with DWI, he should contact his lawyer immediately. Attorneys have specialized knowledge of the DWI laws in a given state and can more successfully defend a driver against DWI charges or get a sentence reduced than a driver can on his own. The driver should not drive unless he gets a temporary license or notice of reinstatement of license from the DMV, as driving on a suspended license is considered a serious crime in most states.
Can hypothermia increase blood alcohol reading?
While I am not a physician, I honestly can't see how it could have any impact.There's a little complication here: hypothermia CAN change the breath alcohol reading; there have been a couple of papers published showing that mild hypothermia can cause a breathalyzer to read noticeably higher (about 20% higher) than it should based on the actual blood alcohol concentration. However, the same study found that it had no impact on the blood alcohol decay curve.If you're hoping to get out of a DUI this way, from a legal standpoint it doesn't really matter WHY your blood alcohol concentration was over 0.08%, it only matters THAT your blood alcohol concentration was over 0.08%. If it was a breath test only, you might be able to argue that you read higher than you should have because you were cold. If they actually took a blood sample, then the concentration was what it was and you're pretty much hosed.
Should a teenager that was going 110 MPH be charged with vehicular manslaughter if the passenger with her died even though the driver is in critical care?
no he\she shouldn't!
Do you get a misdemeanor for possession of alcohol on a California state beach if you are over 21?
You are legal to possess alcohol if you are over 21. If you are having legal issues you should consult a lawyer.AnswerIf it is a beach where alcohol is prohibited, you may be charged with a misdemeanor for possessing it there, even if you are of age.
Is rum ok for gout sufferers?
You should keep any alcohol consumption strictly limited if you have gout as alcohol acts as a diuretic which increases the concentration of existing uric acid in the system by reducing the amount of available water,
Marijuana cocaine and heroin have the same effect as alcohol on a driver's?
All of these things should not be taken if you are going to be driving. They are all illegal drugs.
Are there insurance companies that offer non driver insurance?
Yes, they do offer. The part where owner's legal liability is not charged where owner is not a driver, can be replaced with paid driver cover and un-named passengers cover as a matter of abundant caution if someone else should drive.
If you are sentenced with Agg Vehicular homicide wDWI Spec in the state of Ohio and you driver's license is suspended for life can you legally obtain a driver's license in another state?
If you were charged with aggravated vehicular homicide you should probably not be driving.
