Utah New DUI law .05
Changes to DUI law in Pa. could create a ‘decision’ for defendants
People who are charged in Pennsylvania with their first DUI and have a blood alcohol content that’s. It’s a dilemma that will exist for people who do not have criminal records because of how sweeping changes to the law are being rolled out. Starting on Aug. 25, people who’ve been convicted of DUI – if they’ve been issued a special license – will be able to drive if they use an ignition interlock device for one year. Lawmakers passed a bill that, in part, gives people in diversion the same option. In York County, people with no criminal record who have received a drug and alcohol evaluation are often allowed to serve that time on house arrest. The Pennsylvania DUI Association, an organization that aims to address problems with driving under the influence at all stages, estimates that ignition interlock devices can cost $900 to $1,400 on average per year. READ: DUI ruling could lessen penalties in some York County cases. Dave Mueller, a criminal defense attorney in Mechanicsburg, said he’s waiting to see if PennDOT has mechanisms in place to handle the changes before starting to advise clients. People who have commercial driver’s licenses face one-year license suspensions for taking part in Accelerated Rehabilitative Disposition and often have to weigh whether to risk going to trial, Erhard said. Still, Rice said, there might be people whose employment absolutely depends on the ability to drive and will make the trade-off.
Wisconsin Department of Transportation Drunk driving law
With a Blood/Breath Alcohol Concentration of 0.08 or greater; While under the influence of an intoxicant; With a detectable amount of a restricted controlled substance in his or her blood; or While under the influence of a controlled substance or any other drug. For drivers with three or more prior Operating While Intoxicated convictions, the limit is lower: they cannot operate a motor vehicle if their BAC is greater than 0.02. A person’s ability to operate a motor vehicle is impaired if he or she is less able to safely control the vehicle because of the consumption of alcohol or controlled substances. This means that if a police officer pulls you over and determines that you are impaired by alcohol and/or any other drug, you could be arrested and prosecuted, regardless of your BAC. Penalties for operating a motor vehicle while intoxicated range from a forfeiture and license revocation for a first offense, to up to six years imprisonment, three year license revocation and possible seizure of vehicles for subsequent offenses. More severe penalties apply if injury or death results. No matter what your legal status, it is always wise to avoid driving if you have been drinking. A recent review of alcohol impairment studies by the National Highway Traffic Safety Administration concluded that impairment of some driving-related skills begins with even the smallest amount of alcohol in your system.
‘If Utah isn’t enforcing current DUI laws, why is it passing controversial new ones?’ national group asks
The American Beverage Institute is again taking a swing at Utah and its controversial new drunken-driving law. This time the national lobbying group is criticizing the state for failing to enforce its mandatory ignition interlock device law. Utah has the second-worst compliance rate in the country for the in-car breathalyzers, according to the Traffic Injury Research Foundation. The device will prevent a vehicle from turning on if alcohol is detected in the driver’s system. Utah is one of 30 states that require drivers convicted of a DUI to install interlock devices in their cars. ABI contends that 7,300 Utah residents are supposed to have them installed in cars, but don’t. Earlier this year, Utah lowered its blood-alcohol content for driving under the influence from 0.08 percent to 0.05 percent, the first state in the country to adopt the tougher limit. The law doesn’t take effect until Dec. 30, 2018. Since the Utah law was passed and signed by Gov. Gary Herbert, ABI has spent hundreds of thousands of dollars placing full-page ads in Idaho and Nevada newspapers as well as USA Today criticizing the new policy. The National Transportation Safety Board, which supports a 0.05 limit, has said numerous studies show impairment starts after only one alcoholic drink, and people are noticeably impaired at 0.04 – which is the BAC limit for commercial truck drivers.
Drivers beware: New ‘E-DUI’ law takes effect
The new law is part of the state’s push to reduce traffic fatalities, which are increasingly tied to distracted driving. Erica Mascorro, a spokeswoman for the traffic commission, said using a phone while stopped a traffic light or intersection is still dangerous even if the driver’s car isn’t moving. In 2015, the commission recorded 171 deaths from distracted driving in Washington – a 30 percent increase from the previous year. In 2016, the Washington State Patrol had more than 13,000 contacts with motorists for cellphone use while driving and more than 3,300 contacts for texting while driving. In 2008, the year after the iPhone was released, there were two fatal crashes and five crashes that resulted in serious injury from distracted driving. From 2011 to 2012, the number of citations issued for cellphone use while driving more than doubled in Cowlitz County. Longview Police appear to be enforcing distracted driving laws on a routine basis, with roughly 1,100 citations issued since 2008 – twice as many as the Olympia-based Washington State Patrol unit. Sgt. Chris Blanchard said distracted driving has become as big a problem as drunk driving. Based on the behavior of a vehicle, it can be impossible for officers to tell the difference between an intoxicated driver and a distracted driver, he said. Walsh also said he thinks the new law could disproportionately affect rural and suburban drivers.