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July 20, 2010
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DUI/DWI News

 

Key State Laws Enacted to Prevent Impaired Driving

Illegal Per Se Laws make it illegal in and of itself to drive a motor vehicle with a BAC concentration at or above an established level. All 50 states and the District of Columbia have per se laws defining it as a crime to drive with a blood alcohol concentration at or above a proscribed level, .08 percent.

Dram Shop/Social Host Liability Laws state that a person who serves alcoholic beverages to intoxicated individuals may be liable for the damages caused by such individuals. In some states, a server may also be liable for injuries sustained by intoxicated individuals.

Minimum Legal Drinking Age (MLDA) Laws make it illegal for individuals younger than 21 to purchase, possess or consume alcoholic beverages or to misrepresent their age to obtain such beverages.

Zero Tolerance Laws make it illegal for drivers younger than 21 to drive with any measurable amount of alcohol in their system—regardless of the BAC limit for drivers over 21. Many states set the limit for drivers under 21 at .02 BAC or below to help reduce legal challenges based on claims that mouthwash, gum or cold medicine can be responsible for a positive but very low BAC measurement.

Open Container Laws prohibit the possession of any open alcoholic beverage container and the consumption of any alcoholic beverage in the passenger area of a motor vehicle.

Administrative License Revocation (ALR) Laws involve license suspension or revocation following conviction for impaired driving.

Repeat Intoxicated Driver Laws establish a minimum penalty for individuals convicted of a second or subsequent offense for driving while intoxicated or driving under the influence. Laws require a minimum of one-year driver’s license suspension.



Contact a DUI Lawyer in Colorado now!

 

 
Did You Know?    
 
 
In a DUI arrest, depending on the state, the officer will order you to take either a breath or blood test
If you fail (or refuse to take) a breath test, the arresting officer will take your license, and give you a yellow temporary license (Notice/Sworn Report/Temporary License). If your license was valid, the temporary license will be valid for 30 days from the date of arrest. In a blood test, the officer will send the Notice/Sworn Report / Temporary License to the DMV to issue a temporary license by mail.

 


  Newsroom  
 


News about DUI & Drunk Driving cases in Colorado and nationwide:

State Dot Promotes Youth Traffic Safety
HONOLULU — With the summer in full swing and the 4th of July holiday weekend approaching, the state Department of Transportation continues to empha...
Read more >


Hazelden and MADD Collaborate
Hazelden and MADD Collaborate To Bring Evidence-Based Alcohol Prevention Curriculum To Elementary Students

Center City , ...

Read more >


New CDC Study Shows Stronger State Prevention Activities May Discourage Alcohol-Impaired Driving
Strong state activities designed to prevent driving under the influence (DUI) may reduce the incidence of drinking and driving, according to a new ...
Read more >


More DUI Drunk Driving News >

 
 

Drunk Driving Terms

 


Today's Terms

Arraignment

Definition:
Sometimes referred to as a “first appearance.” This date is typically located on the DWI Summons & Complaint near the “court appearance required” box that should be checked off. The arraignment is a formal procedure where rights are read, charges are read and explained, and a plea (guilty or not guilty) is entered.

Horizontal Gaze Nystagmus (HGN)

Definition:
Horizontal gaze nystagmus is a naturally occurring involuntary jerking of the eyeballs as they gaze side to side. It is theorized that when a person is impaired by alcohol, the nystagmus (the jerking of the eyeballs) is magnified or pronounced.

Ignition Interlock Devices

Definition:
The courts may require first and repeat DUI offenders to use Ignition Interlock Devices. To start the vehicle, the driver must blow into the device. The vehicle will not start if the driver's blood alcohol content exceeds 0.05%.

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DUI/DWI Resources

 


Search Drunk Driving resources in our resource center:

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DUI/DWI Hot Topics

 
Topics Related to DUI/DWI:

  • Blood Alcohol Content (BAC)
  • Breathalyzer Test
  • Failed Sobriety Test
  • Legal State BAC Limits

More DUI/DWI Topics >

Colorado Drunk-Driving Attorney

 
If you live in the following cities and need legal help you should contact our Attorney as soon as possible:

  • Arvada
  • Aurora
  • Boulder
  • Brighton
  • Broomfield
  • Canon City
  • Castle Rock
  • Colorado Springs
  • Commerce City
  • Denver
  • Durango
  • Englewood
  • Evergreen
  • Fort Collins
  • Golden
  • Grand Junction
  • Greeley
  • Lafayette
  • Littleton
  • Longmont
  • Louisville
  • Loveland
  • Montrose
  • Parker
  • Pueblo
  • Westminster
  • Wheat Ridge
  Need to find a DUI Lawyer Nationwide? Visit DrunkDrivingLawyers.com
 


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