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All 50 of the United States now have two statutory offenses:
The first is the traditional offense, variously called driving under the influence of alcohol (DUI), driving while intoxicated/impaired (DWI)[11] or operating while intoxicated/impaired (OWI).
*This first offense requires "PROOF OF INTOXICATION" even though evidence of "Blood Alcohol Content"(BAC)is admissible as rebuttably presumptive evidence of that intoxication.
The second and more recent is the so-called illegal per se offense of driving with a blood-alcohol concentration (BAC) of 0.08% (previously 0.10%) or higher.
*This offense requires only proof of BAC at the time of being in physical control of a motor vehicle.
An accused may be convicted of both offenses, but may only be punished for one.
It is also a criminal offense in all states to drive a vehicle while under the influence of drugs DUID, or under the combined influence of alcohol and drugs; the drugs themselves need not be illegal, but can be prescription or even over-the-counter. This offense requires "evidence of impairment" as a result of the drugs or drugs and alcohol, although some states have passed laws making driving with the mere presence of certain drugs a criminal offense.
A number of states have expanded upon DUI laws to make operating a motor vehicle while impaired a punishable offense, which includes sleep deprived driving, among other things.[citation needed </wiki/Wikipedia:Citation_needed>] -(RICHARD????)
Some states also include a lesser charge of driving with a BAC of 0.05%, other states limit this offense to drivers under the age of 21. All states also now have zero tolerance laws: the license of anyone under 21 driving with a BAC of .01% or higher (.02% in some states) will be suspended.
The blood-alcohol limit for commercial drivers is 0.04%. Commercial drivers are also subject to stricter punishments for exceeding the blood-alcohol limit.
The validity of the testing equipment and mathematical methods for the measurement of breath and blood alcohol has been severely criticized. Pilots of aircraft may not fly less than eight hours after consuming alcohol, while under the impairing influence of alcohol or any other drug, or while showing a blood alcohol concentration equal to or greater than 0.04 grams per decilitre of blood.
The various versions of "driving under the influence" generally constitute a misdemeanor (punishable by up to one year in jail) . However, the offense may be elevated to a felony (punishable by a longer term in state prison) if the incident caused serious injury (felony DUI), death (vehicular manslaughter or vehicular homicide), or extensive property damage (A STATE SPECIIED DOLLAR AMOUNT) or if the defendant has a designated number of prior DUI convictions within a given time period (commonly, 3 prior convictions within 7 years). California, which is being followed by a growing number of states, now charges second-degree murder where the legal state of mind of malice exists -- that is, where the defendant exhibited a reckless indifference to the lives of others.
Administrative License Suspension (ALS)
If you are stopped for drunk driving and you refuse to take the sobriety test, or if your test results exceed the legal limit of Blood Alcohol Concentration (BAC), the officer can take your driver's license on the spot, and the suspension begins immediately. Depending on previous offenses or refusals, you can have your license automatically suspended for a period of 90 days to five years, or permanently revoked for multiple DWI convictions.
*As of 2005, only nine states did not have ALS laws: Kentucky, Michigan, Montana, New Jersey, New York, Pennsylvania, Rhode Island, South Dakota and Tennessee.
An SR-22 is an official documentation required to redeem a suspended drivers license and get your car registered at the local Department of Motor Vehicles (DMV). A SR22 Filing is a form issued by an insurance company which removes a suspension order placed by the DMV's office on your driving privilege. The most common reason for an SR22 filing is when you are arrested for Driving Under Intoxication (DUI) or Driving While Intoxicated (DWI). The filing provides a guarantee to the state that an insurance company has issued at least minimum liability coverage for the person making that filing and that the insurance company will notify the DMV should the insurance ever lapse for any reason.
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