Drinking in Public Or Public Intoxication Law

Public Intoxication or Public Drunkenness LawConsciousness, morality and good manners – these are the things that distinguish us as human beings. We make an effort to exist in a healthy society, we work on our manners to educate our children in a better way, we choose to have an adequate behavior to prevent any kind of harm. Both state and local laws use various tools in order to preserve these values, and Public Intoxication Law is one of them.

Public Intoxication Law is a category of alcohol crimes that involves being intoxicated by alcohol in a public place. Intoxication in this context means having blood alcohol concentration (BAC) over legal limit of 0.08%, or being under the influence of drugs or prescribed medications. The term of public place includes indoors and outdoors areas, that are privately or publicly owned, generally open and accessible to people. In other words, Public Intoxication (also known as “drunk and disorderly”) is a law offense rated to public cases or a demonstration of drunkenness. State laws vary in the specifications where a person is allowed to consume beverages.

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Things You Should Know About Open Container Law

Opened Container LawEverybody wants a decent society to live in. We crave clean streets, educated children and a secure ambiance, which is why such measures like Open Container Laws in the United States are conceived. In the U.S. the presence of open containers of alcohol in certain public places is prohibited.

The concept of a public place is defined as a social place, indoor or outdoor, generally open and accessible to people. In this context, public areas such as sidewalks, parks and vehicles restrict the active consumption of alcohol. As a rule, bars and restaurants  do not fit in this category.

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How Does The Criminal Justice System Work?

Criminal justice system is meant to control crime and prosecute those who violate laws. Asking yourself how does the criminal system work? Well, a case begins with:

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  • investigation of the crime by the law enforcement officers
  • gathering evidence to identify the perpetrator and use it against them
  • making an arrest
  • examination of the evidences by the court and determining whether the defendant is guilty or not
  • if guilty, the convicted party will go to prison or receive probation.

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It is Better to Prevent DUI/DWI than to Deal with its Consequences. Drunk Driving Defenses

They say it is better to learn from the mistakes of others. But actually everyone learns from their own mistakes. It is commonly known fact, that it is prohibited to drive when you are drunk. Although a lot of people ignore the potential danger and drive after having consumed alcohol or other drugs.

If you are charged with drunk driving and you don’t agree with the accusation, there are still some ways out. Let’s talk about your possible defenses in this case. The most common drunk driving defenses are:

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  • Improper stop – this is the mostly used argument, that claims that the officer had no reason to stop the traffic.
  • accuracy of Breathalyzer test – your attorney may question the validity of test results, claiming that the equipment is not accurate or the officer doesn’t have enough qualification in doing this test.
  • accuracy of Field Sobriety Test – this defense questions the propriety of Field Sobriety Test and whether the results of it are accurate.
  • insufficient evidence for arrest – sometimes the officers can arrest the driver based on their own observations if physical signs such as bloodshot eyes, that could be a sign of impairment. Your lawyer can question that, by claiming that those are “personal opinions”, they are subjective, and have nothing to do with DUI. Physical signs can have another ground, for example allergies.
  • not driving at the time – if you were not driving but just sitting in your parked car, it can’t be a reason for arrest, although some states allow an officer to arrest for drunk driving even without the act of driving intoxicated.
  • rising BAC – it is well known that alcohol need time to “rise” in your blood, because it is gradually “absorbed” into your blood. If there was a long delay between the stop and actual testing, you can claim that your BAC wasn’t over the limit by the time of stop.
  • blood test – sometimes drivers claim that the results of blood test were tampered
  • improper officer’s actions – you may have evidence or testimony of officer’s improper actions that violated your civil rights and falsification of DUI report.

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Drunk Driving or Alcohol Behind the Steering Wheel

Have you been arrested for drunk driving? Well, your case is not the only one. In 2011 over 1.2 million drivers were arrested in U.S. for drunk driving.

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Drunk driving refers to the process of operating a motor vehicle while the driver is under the influence of alcohol. This is also known as driving under the influence (DUI) or driving while intoxicated (DWI). In order to prove that you are drunk the police officer can administrate you the Breathalyzer test, if you blood alcohol concentration (BAC) is over a set limit, you are charged with drunk driving. In most of the cases the BAC limit is 0.08%. Another drunk driving tests are blood test, urine test and field sobriety test. If a driver refuses to submit such testing, it may lead to enhancement of imposed penalties.

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Beware, drunk driving causes death!

Drunk driving or driving under influence is a really dangerous and irresponsible act that people perform. After-party high spirit and good mood can turn into a tragedy for you, your family, for other people and their families because drivers with high blood alcohol content or concentration (BAC) are at a great risk of car accidents, roadway injuries and vehicular deaths.

DUI is a traffic offense and violation of the traffic law. If you are caught committing such an offense you will face really severe penalties. You can pay a monetary fine or you can be imprisoned. The penalties depend on the complexity of your offense.

 

However, the penalties do not bring such a grief as the accidents that occur because of driving under influence. According to www.madd.org, every 53 minutes on average, someone is killed in a drunk driving crash (9,878 people in total in 2011). Every 90 seconds, someone is injured because of this crime.

Edgar Snyder & Associates, a law firm representing injured people, has collected the following statistics:

United States Drunk Driving Car Accident Statistics (2009)

  • Three in every ten Americans will be involved in an alcohol-related crash at some point in their lives.

  • Of fatal accidents in 2009, 32 percent involved alcohol-impaired drivers.

  • In 2009, all 50 states, the District of Columbia, and Puerto Rico made it illegal to drive with a BAC of .08 or higher. Of the 10,839 people who died in an alcohol-related crash, 7,281 (67 percent) had drivers with BACs above the legal limit.

  • For fatal crashes occuring from midnight to 3 a.m., 66 percent involved alcohol-impaired driving.  Continue reading