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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).
In criminal and civil law, strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant.
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.
A department of motor vehicles (DMV) is a government agency that administers motor vehicle registration and driver licensing. In countries with federal states such as in North America, these agencies are generally administered by subnational entities governments, while in unitary states such as many of those in Europe, DMVs are organized nationally by the central government.
Vehicle insurance is insurance for cars, trucks, motorcycles, and other road vehicles. Its primary use is to provide financial protection against physical damage or bodily injury resulting from traffic collisions and against liability that could also arise from incidents in a vehicle. Vehicle insurance may additionally offer financial protection against theft of the vehicle, and against damage to the vehicle sustained from events other than traffic collisions, such as vandalism, weather or natural disasters, and damage sustained by colliding with stationary objects. The specific terms of vehicle insurance vary with legal regulations in each region.
Vehicular homicide is a crime that involves the death of a person other than the driver as a result of either criminally negligent or murderous operation of a motor vehicle.
Mothers Against Drunk Driving (MADD) is a non-profit organization in the United States, Canada and Brazil that seeks to stop driving with any amount of alcohol in the bloodstream, 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.
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.
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.
Many countries have adopted a penalty point or demerit point system under which a person’s driving license is revoked or suspended based on the number of points they’ve accumulated over a specific period of time. Points are given for traffic offenses or infringements committed by them in that period. The demerit points schemes of each jurisdiction varies. These demerit schemes are usually in addition to fines or other penalties which may be imposed for a particular offence or infringement, or after a prescribed number of points have been accumulated.
Motor vehicle registration is the registration of a motor vehicle with a government authority, either compulsory or otherwise. The purpose of motor vehicle registration is to establish a link between a vehicle and an owner or user of the vehicle. While almost all motor vehicles are uniquely identified by a vehicle identification number, only registered vehicles display a vehicle registration plate and carry a vehicle registration certificate. Motor vehicle registration is different from motor vehicle licensing and roadworthiness certification.
In the United States, driver's licenses are issued by each individual state, territory, and the District of Columbia rather than by the federal government due to federalism. Drivers are normally required to obtain a license from their state of residence. All states of the United States and provinces and territories of Canada recognize each other's licenses for non-resident age requirements. There are also licenses for motorcycle use. Generally, a minimum age of 15 is required to apply for a non-commercial driver license, and 25 for commercial licenses which drivers must have to operate vehicles that are too heavy for a non-commercial licensed driver or vehicles with at least 16 passengers or containing hazardous materials that require placards. A state may also suspend an individual's driving privilege within its borders for traffic violations. Many states share a common system of license classes, with some exceptions, e.g. commercial license classes are standardized by federal regulation at 49 CFR 383. Many driving permits and ID cards display small digits next to each data field. This is required by the American Association of Motor Vehicle Administrators' design standard and has been adopted by many US states. The AAMVA provides a standard for the design of driving permits and identification cards issued by its member jurisdictions, which include all 50 US states, the District of Columbia, and Canadian territories and provinces. The newest card design standard released is the 2020 AAMVA DL/ID Card Design Standard (CDS). The AAMVA standard generally follows part 1 and part 2 of ISO/IEC 18013-1. The ISO standard in turn specifies requirements for a card that is aligned with the UN Conventions on Road Traffic, namely the Geneva Convention on Road Traffic and the Vienna Convention on Road Traffic.
The Highway Traffic Act is a statute in Ontario, Canada, which regulates the licensing of vehicles, classification of traffic offences, administration of loads, classification of vehicles and other transport-related issues. First introduced in 1923 to deal with increasing accidents during the early years of motoring in Ontario, and replacing earlier legislation such as the Highway Travel Act, there have been amendments due to changes to driving conditions and new transportation trends. For example, in 2009, the Act was revised to ban the use of cell phones while driving.
The Vermont Department of Motor Vehicles (DMV) is the governmental agency responsible for registering and inspecting automobiles and other motor vehicles as well as licensing drivers in the U.S. state of Vermont.
In traffic laws, a hit and run or a hit-and-run is the criminal act of causing a traffic collision and not stopping afterwards. It is considered a supplemental crime in most jurisdictions.
Vehicle insurance in the United States is designed to cover the risk of financial liability or the loss of a motor vehicle that the owner may face if their vehicle is involved in a collision that results in property or physical damage. Most states require a motor vehicle owner to carry some minimum level of liability insurance. States that do not require the vehicle owner to carry car insurance include Virginia, where an uninsured motor vehicle fee may be paid to the state, New Hampshire, and Mississippi, which offers vehicle owners the option to post cash bonds. The privileges and immunities clause of Article IV of the U.S. Constitution protects the rights of citizens in each respective state when traveling to another. A motor vehicle owner typically pays insurers a monthly or yearly fee, often called an insurance premium. The insurance premium a motor vehicle owner pays is usually determined by a variety of factors including the type of covered vehicle, marital status, credit score, whether the driver rents or owns a home, the age and gender of any covered drivers, their driving history, and the location where the vehicle is primarily driven and stored. Most insurance companies will increase insurance premium rates based on these factors and offer discounts less frequently.
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.
Increases in the use of autonomous car technologies are causing incremental shifts in the responsibility of driving, with the primary motivation of reducing the frequency of traffic collisions. Liability for incidents involving self-driving cars is a developing area of law and policy that will determine who is liable when a car causes physical damage to persons or property. As autonomous cars shift the responsibility of driving from humans to autonomous car technology, there is a need for existing liability laws to evolve to reasonably identify the appropriate remedies for damage and injury. As higher levels of autonomy are commercially introduced, the insurance industry stands to see higher proportions of commercial and product liability lines of business, while the personal automobile insurance line of business shrinks.
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.
References
- ↑ Hille, Robert B.; Rossmiller, David P.; Kaveney, John W.; Croce, Paul L. "Certificates of Insurance". New Appleman on Insurance. Matthew Bender. § 3.03A n. 179.16. ISBN 978-0-327-16406-7.
- ↑ Silver, Lawrence; Stevens, Robert E.; Clow, Kenneth (2010). Concise Encyclopedia of Insurance Terms. New York: Routledge. p. 144. ISBN 978-0-7890-3634-6.
- 1 2 Pasman-Green, Nora J. (2011). "Off the Roads & Out of the Courts: Enter a Technology Fix for Drunk Driving". Journal of Law and Health. 24. p. 225 n. 34.
- 1 2 Grant, Deandra M.; Tucker, Kimberly Griffin (February 22, 2019). "Understanding the SR-22 Insurance Form". Texas DWI Manual. LexisNexis. §4:123. ISBN 978-1-949517-17-0.
- ↑ "SR-22 Insurance Information". State of Alaska Division of Motor Vehicles. Retrieved 2008-07-09.
- ↑ "Overview of the S & FR Laws". Illinois Secretary of State. Archived from the original on 2008-11-21. Retrieved 2008-07-08.
- 1 2 "What is the SR-22?". Illinois Secretary of State. Archived from the original on 2008-10-07. Retrieved 2008-07-08.
- ↑ Nesci, James (2009). Arizona DUI Defense: The Law and Practice (2nd ed.). Tucson, Arizona: Lawyers & Judges Publishing Company. p. 61. ISBN 978-1-933264-66-0.
- ↑ Lucas, Robert (30 June 2023). "Washington State SR22 Requirements". Use of Lanes. Retrieved 2023-06-30.