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Drunk driving is the act of operating a motor vehicle with the operator's ability to do so impaired as a result of alcohol consumption,or with a blood alcohol level in excess of the legal limit. For drivers 21 years or older,driving with a blood alcohol concentration (BAC) of 0.08% or higher is illegal. For drivers under 21 years old,the legal limit is lower,with state limits ranging from 0.00 to 0.02. Lower BAC limits apply when operating boats,airplanes,or commercial vehicles. Among other names,the criminal offense of drunk driving may be called driving under the influence (DUI),driving while intoxicated or impaired (DWI),operating [a] vehicle under the influence of alcohol (OVI),or operating while impaired (OWI).
Driving under the influence (DUI) is the offense of driving,operating,or being in control of a vehicle while impaired by alcohol or drugs,to a level that renders the driver incapable of operating a motor vehicle safely. Multiple other terms are used for the offense in various jurisdictions.
Mothers Against Drunk Driving (MADD) is a non-profit organization in the United States,Canada and Brazil that seeks to stop drunk driving,support those affected by drunk driving,prevent underage drinking,and strive for stricter impaired driving policy,whether that impairment is caused by alcohol or any other drug. The Irving,Texas-based organization was founded on September 5,1980,in California by Candace Lightner after her 13-year-old daughter,Cari,was killed by a drunk driver. There is at least one MADD office in every state of the United States and at least one in each province of Canada. These offices offer victim services and many resources involving alcohol safety. MADD has claimed that drunk driving has been reduced by half since its founding.
The Supreme Court of the State of Ohio is the highest court in the U.S. state of Ohio,with final authority over interpretations of Ohio law and the Ohio Constitution. The court has seven members,a chief justice and six associate justices,who are elected at large by the voters of Ohio for six-year terms. The court has a total of 1,550 other employees. Since 2004,the court has met in the Thomas J. Moyer Ohio Judicial Center on the east bank of the Scioto River in Downtown Columbus. Prior to 2004,the court met in the James A. Rhodes State Office Tower and earlier in the Judiciary Annex of the Ohio Statehouse.
An ignition interlock device or breath alcohol ignition interlock device is a breathalyzer for an individual's vehicle. It requires the driver to blow into a mouthpiece on the device before starting or continuing to operate the vehicle. If the resultant breath-alcohol concentration analyzed result is greater than the programmed blood alcohol concentration,the device prevents the engine from being started. The interlock device is located inside the vehicle,near the driver’s seat,and is directly connected to the engine’s ignition system. It is a form of electronic monitoring.
License suspension or revocation traditionally follows conviction for alcohol-impaired or drunk driving. However,under administrative license suspension (ALS) laws,sometimes called administrative license revocation or administrative per se,licenses are confiscated and automatically suspended independent of criminal proceedings whenever a driver either (1) refuses to submit to chemical testing,or (2) submits to testing with results indicating a blood alcohol content of 0.08% or higher.
The American Beverage Institute is a trade group based in Washington,D.C. that lobbies on alcoholic drink related issues on behalf of the restaurant industry. It describes itself as "dedicated to protecting the on-premises dining experience - which often includes the responsible consumption of adult beverages." ABI was set up in 1991 by Richard Berman,executive director of the public affairs firm Berman and Company.
DWI courts are a form of court that exists in some United States legal jurisdictions,that use substance-abuse interventions and treatment with defendants who plead guilty of driving while intoxicated or impaired. DUI courts may focus on repeat offenders and drivers with very high levels of blood alcohol at the time of the offense. As of December 2011,there were approximately 192 designated DUI courts in the United States,and approximately 406 drug courts that also accept DUI offenders.
A random checkpoint is a military and police tactic. In a military context,checkpoints involve the setup of a hasty roadblock by mobile truck- or armored vehicle-mounted infantry to disrupt unauthorized or unwanted movement or military activity and to check for valid identification and search for contraband,fugitives,or weapons that are not permitted in civilian hands. Random checkpoints are set up to achieve surprise,as opposed to known permanently located checkpoints,which suspects could circumvent. They are often established in locations where they cannot be observed by approaching traffic until it is too late to withdraw and escape without being observed.
Welsh v. Wisconsin,466 U.S. 740 (1984),was a 1983 case before the US Supreme Court determining that a warrantless home arrest without exigent circumstances violates the Fourth Amendment protection against unlawful search and seizure.
Implied consent is consent which is not expressly granted by a person,but rather implicitly granted by a person's actions and the facts and circumstances of a particular situation. For example,if a person is unconscious as a result of injuries sustained during a traffic collision,medical treatment may be provided to that person,despite the unconscious person being unable to expressly grant consent for that treatment.
The laws of driving under the influence vary between countries. One difference is the acceptable limit of blood alcohol content before a person is charged with a crime. Thresholds range from the limit of detection (zero-tolerance) to 0.08%. Some countries have no limits or laws on blood alcohol content.
Drunk driving is the act of driving under the influence of alcohol. A small increase in the blood alcohol content increases the relative risk of a motor vehicle crash.
Missouri v. McNeely,569 U.S. 141 (2013),was a case decided by United States Supreme Court,on appeal from the Supreme Court of Missouri,regarding exceptions to the Fourth Amendment to the United States Constitution under exigent circumstances. The United States Supreme Court ruled that police must generally obtain a warrant before subjecting a drunken-driving suspect to a blood test,and that the natural metabolism of blood alcohol does not establish a per se exigency that would justify a blood draw without consent.
Monica Christina Youngblood is an American politician and a former member of the New Mexico House of Representatives. She represented District 68 from January 15,2013 to January 15,2019.
Field sobriety tests (FSTs),also referred to as standardized field sobriety tests (SFSTs),are a battery of tests used by police officers to determine if a person suspected of impaired driving is intoxicated with alcohol or other drugs. FSTs are primarily used in the United States,to meet "probable cause for arrest" requirements,necessary to sustain an alcohol-impaired driving conviction based on a chemical blood alcohol test.
Driving under the influence (DUI) occurs when a person operates a motor vehicle while under the influence of drugs or alcohol,or when the driver has a blood alcohol level of 0.08 or greater. Minors and young adults aged 18–20 can be charged with impaired driving based on blood alcohol levels of 0.01 or higher,and CDL license holders can be charged based upon blood alcohol levels of 0.04 or higher.
Birchfield v. North Dakota,579 U.S. 438 (2016) is a case in which the Supreme Court of the United States held that the search incident to arrest doctrine permits law enforcement to conduct warrantless breath tests but not blood tests on suspected drunk drivers.
Two main questions arise in the law surrounding driving after having ingested cannabis:(1) whether cannabis actually impairs driving ability,and (2) whether the common practice of testing for THC is a reliable means to measure impairment. On the first question,studies are mixed. Several recent,extensive studies–including one conducted by the National Highway Traffic Safety Administration and one conducted by the American Automobile Association (AAA)–show that drivers with detectable THC in their blood are no more likely to cause car crashes than drivers with no amount of THC in their blood. Others show that cannabis can impair certain abilities important to safe driving –but no studies have been able to show that this increases the actual risk of crashing,or that drivers with THC in their blood cause a disproportionate number of crashes. On the second question,the studies that have been conducted so far have consistently found that THC blood levels and degree of impairment are not closely related. No known relationship between blood levels of THC and increased relative crash risk,or THC blood levels and level of driving impairment,has been shown by single-crash or classic-control studies. Thus,even though it is possible that cannabis impairs driving ability to some extent,there are currently no reliable means to test or measure whether a driver was actually impaired.
Mitchell v. Wisconsin,588 U.S. ___ (2019),is a United States Supreme Court case in which the Court held that "when a driver is unconscious and cannot be given a breath test,the exigent-circumstances doctrine generally permits a blood test without a warrant."
References
- ↑ Who's Who in American Law 1992-1993. Marquis Who's Who. 1991. p. 835.
- ↑ "Alice Robie Resnick". Supreme Court of Ohio. Archived from the original on May 27, 2010. Retrieved January 21, 2010.
- ↑ "Alice Robie Resnick". Supreme Court of Ohio. Archived from the original on October 6, 2011. Retrieved August 13, 2011.
- ↑ Kasler, Karen (February 7, 2005). "Justice admits to drinking on tapes from troopers' cars". Statehouse News Bureau. Archived from the original on March 10, 2005.
- ↑ "National Briefing | Midwest: Ohio: Judge Charged With Drunken Driving". The New York Times. February 2, 2005. Retrieved March 6, 2024.
- ↑ "Justice pleads guilty to drunken driving". Springfield News Sun. February 8, 2005.[ permanent dead link ]
- ↑ "Ohio State Supreme Court Judge Alice Robie Resnick Previously Convicted of Drunk Driving Cited in Traffic Accident with Injuries But Officers Failed to Conduct Field Sobriety Tests". badcopnews.com.[ permanent dead link ]