Drunk Driving as a Reckless Driving Behavior

Posted by on Jun 19, 2017 in DUI

Distracted driving, speeding, and street racing are some of the most dangerous reckless driving behaviors. What makes them inexcusable is the fact that most drivers do them intentionally. They allow distractions because they are confident with their driving skills. They speed because they want to save time. They race on the streets because they want to feel the thrill of it.

There is one more kind of reckless driving that is just as dangerous – drunk driving. Driving while intoxicated is considered an offense, because it poses as a threat not just to the drunk driver, but also to the other motorists around him.

Some of the effects of alcohol on the body include the following:

  • Body control problems, particularly the head, arms, and feet, which are all important body parts for driving
  • Drowsiness, fatigue, and intense feelings of relaxation that may make the driver close his eyes or fall asleep while on the wheel
  • Mental lapses, such as the inability to comprehend traffic lights, understand road signs, and judge the position of vehicles and pedestrians
  • Slow reaction to unexpected events, like abruptly turning vehicles and crossing pedestrians
  • Vision problems, like blurry vision and slow eye movement

These effects can lead to traffic accidents. Drunk drivers, their passengers, and the other innocent parties around them that may get involved in the accidents may sustain traumatic injuries, particularly in the head, face, neck, chest, shoulder, back, arms, and legs.

According to the website of the Law Offices of Richard A. Portale, P.C., there are a variety of defenses against Driving While Intoxicated charges. But when you think about it, avoiding drunk driving is a better choice than trying to defend yourself from suffering the consequences of your reckless behavior.

The best way to avoid drunk driving is to let another person drive for you. If you are planning on drinking, bring someone who is not going to drink alcohol, so he can take you home and prevent you from forcing yourself to drive. You can also use public transportation, such as buses and trains. If you want something more convenient, you can even use ridesharing services such as Lyft and Uber.

 

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Is DUI A Misdemeanor or Felony In South Carolina?

Posted by on Oct 11, 2016 in DUI

In whatever state of the United States you are in, driving under the influence or DUI is a serious offense that carries huge repercussions on the part of the offender. In South Carolina, DUI is an administrative and criminal offense. However, getting convicted for DUI does not necessarily mean a felony offense. According to the website of Truslow & Truslow, Attorneys at Law, DUI charges can be life altering.

In most instances, first offense DUI is usually a misdemeanor if there was no injury involved. But how does a misdemeanor DUI offense become a felony in South Carolina? There are three conditions that can result to the elevation of misdemeanor DUI to felony.

1. Death or Bodily Injury
When the DUI offense causes bodily injury or death to another person, the plaintiff commits a felony DUI. In criminal law, a bodily injury causes one of the following:

  • Permanent disfigurement
  • Loss or impairment of an organ or bodily member
  • An increased risk of death
  • When elevated to felony, the plaintiff can be subjected to a mandatory minimum prison sentence of 30 days to a maximum of 15 years and pay a fine ranging from $5,000 to $10,000.

2. A Minor Passenger
When the offender has a passenger who is below 16 years old, they may be charged with child endangerment aside from DUI. If the offense results to injury or death of the child, the offense becomes felony. The associated charge is imprisonment of up to half the time associated with DUI charge and a fine of up to half the maximum fine associated with DUI.

3, A Third Offense
A third DUI offense automatically elevates the charge into felony. A third conviction comes with a three year imprisonment and a fine of up to $12,000 when the driver’s BAC is below 0.10. For higher BAC, the fine may be increased.

A felony DUI may result to administrative penalties depending on the frequency of the offense. A first offense could result to license suspension of six months. For second conviction, it could mean indefinite suspension of the license.

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