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Does a DUI Arrest Equal a Drinking Problem?. By: Larissa Duron. Per Se Laws.
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Does a DUI Arrest Equal a Drinking Problem? By: Larissa Duron
Per Se Laws • All 50 states now have "per se" .08 blood alcohol concentration laws (BAC), which means that if a driver has a BAC of .08 or higher, that fact by itself (per se) is evidence that the driver was driving while intoxicated. • Most states also have laws that require anyone convicted of drunk driving to undergo an evaluation to determine the extent of their alcohol consumption. In other words, if someone is arrested for drunk driving, that fact by itself is evidence that the driver probably has a drinking problem, according to the laws and policies of almost every state.
Alcohol Evaluation • Before returning driving privileges to someone convicted of driving under the influence, the state of California requires that drivers undergo an evaluation to determine the extent their lives are affected by alcohol consumption and if their drinking behavior is considered alcohol abuse or alcohol dependence. The DUI offender is interviewed by a certified alcohol and drug counselor and given a series of questions to answer about their drinking habits and attitudes. The evaluator then determines if the offender requires additional education or treatment.
Alcohol Treatment • If the alcohol evaluation determines that a drunk driving offender is an alcohol abuser or is alcohol dependent, the state of California requires that the driver complete some form of treatment before driving privileges are restored. Depending on the driver's evaluation, the required treatment can range from attending to a few support group meetings, outpatient counseling or therapy sessions, or even inpatient detoxification and/or a residential rehabilitation and treatment facility.
Highlights of California's DUI Law Here are highlights from California law on offenses involving alcohol or drugs (California Vehicle Code Sections 23152 - 23229.1). Click on the links for further explanation of the legal terms associated with drunk driving in California. • 'Per Se' BAC Level: .08 • Zero Tolerance BAC Level: .01 • Enhanced Penalty BAC Level: .16 • Implied Consent Law: Yes • License Suspension 1st Offense: 4 months • License Suspension 2nd Offense: 2 Years • License Suspension 3rd Offense: 4 Years • Mandatory Jail Time after 2nd offense: Yes • Mandatory Alcohol Education: Yes • Mandatory Assessment/Treatment: Yes • Possible Ignition Interlock: Yes • Possible Vehicle Confiscation: After 3rd offense • Hardship License while license suspended: After 30 days • Open Container Law: For driver and passengers
Alcohol Consumption Online Survey • If you have answered YES to any one of the questions, there is a definite warning that you may be an alcoholic. • If you have answered YES to any two, the chances are that you are an alcoholic. • If you have answered YES to three or more, you are definitely an alcoholic. Do you agree with this assessment?
Conclusion • There were a total of 21 responses to each question; 17 female and 5 male. • The average age was 29 years old with a professional job or career. • The majority of responses were Caucasian, followed by Hispanic. • According to the State of California, they charge DUI offenders with having a drinking problem. • 14% received a DUI. • 24% answered yes to at least one question. • 12% answered yes to two at least two questions. • 8% answered yes to three or more questions. • 0% agree with their assessment.
