Driving impaired after drinking alcohol often ends in a car accident. Less common drug intoxication episodes are also a serious concern. The laws prohibiting driving under the influence are designed to prevent these events from occurring. Since the 1960s, federal law has raised the standards in the States. Today, firm rules for taking away the driving privilege deter most drivers from the unsafe choice.
DUI
When a citizen decides to drive while impaired by any substance, whether alcohol or a drug, they have decided to have the intoxication influence their decision making and control. Often, a loss of control ends in an accident, even a fatal one. The Department of Transportation reports that 41 percent of fatal accidents involve alcohol’s influence.
Alcohol’s influence is typically prohibited by laws that allow an officer to judge the driver under the influence or measure alcohol in the breath or blood. Three main types of driving under the influence of narcotics, stimulants and marijuana the States forbid: the driver is not capable of safe driving, driving ability is impaired, and the driver has the illicit drug in their body. A combination of drugs and alcohol can cause impaired driving States choose to control.
Federal Laws
A desire for strong prevention drove the federal government to impose firmer rules. Federal highway funding can be consistent when a State complies with Sections 410, 163 and 164 of Title 23 of the United States Code. The main act is the Highway Safety Act that requires States to have a highway safety program to prevent injuries and deaths caused by driving drunk to receive federal funding.
Under current federal rules, states can suspend a first offender’s license for 90 days, run an underage drinking program or target drivers with high blood alcohol concentrations. This law has been made more demanding by the TEA-21 Act of 1998 and SAFETEA Act of 2005. Repeat offenders must receive firmer punishment for a repeat violation. The DOT Appropriations Act of 2001 set 0.08 BAC as the limit for States to choose. Every state has enacted a rule. Illinois’ law reduces accidents.
Taking Driving Privileges
States use several methods for taking away a driver’s privileges. Upon a license suspension or revocation, drivers lose the choice to enter a car to drive. Taking the car leaves a driver with no vehicle. In recent years, a common method is the ignition interlock device that allows a driver to start the car only if the driver’s alcohol concentration is below a safe limit.
Repeat Offenders
Most states have firmer penalties for repeat offenders. California gives a 1 year suspension for the second offense in 10 years. Police can impound the car before conviction.
Under Age
A strict alcohol limit for under age driving is common among the States. The standard choice for the legal drinking age is 21. In California, the traffic courts suspend a license held by a driver under age 21 for a BAC of merely 0.01 percent.
Resources:
23 United States Code Section 402
23 United States Code Section 164
Countermeasures for Drug Impaired Driving
Mothers Against Drunk Driving