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Legal aspects of Legal aspects of drunk-driving drunk-driving Thaoanh Nguyen Thaoanh Nguyen

Legal aspects of drunk-driving Thaoanh Nguyen. History of drunk-driving laws The first jurisdiction in the US to adopt law against drunk-driving was New

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Evidence of drunk-driving arrests Gross observation of behavior in general Gross observation of behavior in general Specific observations of balance test and the like Specific observations of balance test and the like Information obtained from questioning the suspect himself Information obtained from questioning the suspect himself The chemical test result of motorists such as blood, breath, urine The chemical test result of motorists such as blood, breath, urine

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Page 1: Legal aspects of drunk-driving Thaoanh Nguyen. History of drunk-driving laws The first jurisdiction in the US to adopt law against drunk-driving was New

Legal aspects of drunk-Legal aspects of drunk-drivingdriving

Thaoanh NguyenThaoanh Nguyen

Page 2: Legal aspects of drunk-driving Thaoanh Nguyen. History of drunk-driving laws The first jurisdiction in the US to adopt law against drunk-driving was New

History of drunk-driving lawsHistory of drunk-driving laws

• The first jurisdiction in the US to adopt law The first jurisdiction in the US to adopt law against drunk-driving was New York in against drunk-driving was New York in 1910 with California and other following.1910 with California and other following.

• The first generally accepted legal limit for The first generally accepted legal limit for blood alcohol concentration (BAC) was blood alcohol concentration (BAC) was 0.15 in 1938, more recently, and with the 0.15 in 1938, more recently, and with the federal pressure, all state have further federal pressure, all state have further reduced the limit to 0.18%reduced the limit to 0.18%

Page 3: Legal aspects of drunk-driving Thaoanh Nguyen. History of drunk-driving laws The first jurisdiction in the US to adopt law against drunk-driving was New

Evidence of drunk-driving Evidence of drunk-driving arrestsarrests• Gross observation of behavior in Gross observation of behavior in

general general • Specific observations of balance test Specific observations of balance test

and the like and the like • Information obtained from questioning Information obtained from questioning

the suspect himself the suspect himself • The chemical test result of motorists The chemical test result of motorists

such as blood, breath, urine such as blood, breath, urine

Page 4: Legal aspects of drunk-driving Thaoanh Nguyen. History of drunk-driving laws The first jurisdiction in the US to adopt law against drunk-driving was New

Punishment for drunk-driving Punishment for drunk-driving in USA and other countriesin USA and other countries• A conviction for a first offense may involve a A conviction for a first offense may involve a

fine about $1, 700, a 90 day license suspension fine about $1, 700, a 90 day license suspension or restriction, attendance at a DUI education or restriction, attendance at a DUI education center for a period of time( about 3, 6 or 9 center for a period of time( about 3, 6 or 9 months) and probation for perhaps 3 yearsmonths) and probation for perhaps 3 years

• A short jail sentence of only 2-4 days may or A short jail sentence of only 2-4 days may or may not required for a second offense may not required for a second offense

• Addition punishment may involve community Addition punishment may involve community service, ignition interlock devices, AA meetings service, ignition interlock devices, AA meetings and/or impound of the vehicle.and/or impound of the vehicle.