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Driving Under the Influence is defined as operating a motor vehicle
while impaired by alcohol, other drugs or intoxicating compounds.
In most states a driver is legally considered to be under the
influence if he/she has a blood-alcohol content (BAC) of .08 percent
or greater, has used any illegal substance, or is impaired by
medication. A driver's BAC is based on the ratio of alcohol to
blood or breath. However, an individual showing alcohol levels
between .05 and .08 percent may be convicted of DUI if additional
evidence determines that the driver was impaired.
The effect of alcohol on an individual is determined primarily
by two factors: the amount of alcohol consumed and the rate at
which it is absorbed by the body. Other contributing factors include
gender, body weight, alcohol tolerance, mood, environment and
the amount of food consumed.
From the first drink, alcohol affects coordination and judgment.
Even with a BAC well below .08 percent, a person's reaction time
slows. The risk of being in a crash begins to increase between
a BAC of .04 and .05 percent and increases rapidly thereafter.
By the time a driver reaches a BAC of .06 percent, he/she is twice
as likely to be involved in a fatal crash as a non-drinking driver.
By the time a driver reaches a BAC of .08 percent, he/she is 11
times more likely to be killed in a single-vehicle crash than
a non-drinking driver.
The only way to rid the body of alcohol is time. Fresh air, coffee,
showers and food cannot help a person sober up. It takes about
one hour for the body to metabolize one drink. Each of the following
has a comparable amount of alcohol and counts as one drink: one
12-ounce mug of beer, one 5-ounce glass of wine or a one 1.5-ounce
shot of hard liquor.
Some fact related to Driving Under the Influence (DUI):
In 1997, 5,477 young people died in motor vehicle crashes. Twenty-one
percent of the young drivers involved in fatal crashes had been
drinking.
Young people age 15-20 make up 6.7 percent of the total driving
population in this country but are involved in 14 percent of all
fatal crashes.
In 1997, over 60 percent of youth (16-20) that died in passenger
vehicle crashes were not wearing seat belts.
In 1997, almost one quarter (22 percent) of those who died in
speed-related crashes were youth.
In the last decade, over 68,000 teens have died in car crashes.
Sixty-five percent of teen passenger deaths occur when another
teenager is driving.
Nearly half of the fatal crashes involving teenagers occur at
nighttime (between 9:00 p.m. and 6:00 a.m.).
Forty-one percent of fatal crashes involving 16 year-old drivers
were single vehicle crashes.
One quarter of fatally injured teen drivers (16-20 years old)
in 1995 had a BAC (blood alcohol concentration) at or above .
10 percent, even though all were under the minimum legal drinking
age and are not legally permitted to purchase alcohol.
Two out of three teenagers killed in motor vehicle crashes are
males.
Statistics from the Nationall Highway Traffic Safety Administration's
1997 Teen Crash Statistics
Additional consequences of Driving Under the Influence (DUI):
A DUI conviction is a permanent part of an offender’s driving
record.
The offender may lose work time.
The offender will be required to complete an alcohol and drug
evaluation and an alcohol/drug remedial education course or substance
abuse treatment program before his/her driving privileges are
reinstated.
The offender must meet the requirements of the Secretary of State’s
Department of Administrative Hearings prior to obtaining a restricted
driving permit (see page 16).
The offender’s vehicle may be impounded or seized.
A Breath Alcohol Ignition Interlock Device (BAIID) may be installed
in the offender’s vehicle as a condition of driving relief.
The offender will be subject to high-risk auto insurance rates.
The DUI criminal charge is prosecuted and adjudicated in the
courts. This charge is separate from the statutory summary suspension,
which is an administrative process. A person convicted of DUI
who lost his/her driving privileges because of a summary suspension
will have that time credited to the minimum driver's license revocation
period.
Full driving privileges are lost for a minimum of five years
if a driver receives a second conviction for any of the following:
DUI; leaving the scene of a personal injury or fatal crash; reckless
homicide, or any combination of these offenses in a 20-year period.
If a driver receives a third conviction for any of these offenses,
regardless of the length of time between convictions, full driving
privileges will be lost for a minimum of 10 years. If a driver
receives a fourth or subsequent conviction, his/her license will
be revoked permanently. If a driver is convicted of DUI in another
state, your state of residence driving privileges will be revoked.
Learn more about Criminal Law:
A "crime" is any act or omission (of an act) in violation
of a public law forbidding or commanding it. Crimes include both
felonies (more serious offenses -- like murder or rape) and misdemeanors
(like petty theft, or jaywalking). No act is a crime if it has
not been previously established as such either by statute or common
law.
Historically, most crimes have been established by state law,
with laws varying significantly state to state. There is, however,
a Model Penal Code (MPC) which serves as a good starting place
to gain an understanding of the basic structure of criminal liability.
In recent years the list of Federal crimes has grown.
All statutes describing criminal behavior can be broken down
into its various elements. Most crimes (with the exception of
strict-liability crimes) consist of two elements: an act, or "actus
reus" and a mental state, or "mens rea." Prosecutors
have to prove each and every element of the crime to yield a conviction.
If you have any questions about the information provided above,
please contact us.
If you would like to be referred to High Profile DUI Lawyers
and DUI Defense Attorneys, please click
here.
----------------------------------------------------------
Crimes and Criminal Law
Criminal Law, branch of law that defines crimes, establishes
punishments, and regulates the investigation and prosecution of
people accused of committing crimes. Criminal law includes both
substantive law, which is addressed in this article, and criminal
procedure, which regulates the implementation and enforcement
of substantive criminal law.
Substantive criminal law defines crime and punishment-for example,
what act constitutes murder or what punishment a murderer should
receive. On the other hand, criminal procedure is concerned with
the legal rules followed and the steps taken to investigate, apprehend,
charge, prosecute, convict, and sentence to punishment individuals
who violate substantive criminal law. For example, criminal procedure
describes how a murder trial must be conducted.
This article discusses criminal law in the context of the common
law system, which is found in countries such as England, Canada,
and the United States. In the common law system, judges decide
cases by referring to principles set forth in previous judicial
decisions. Common law systems are typically contrasted with civil
law systems, which are found in most Western European countries,
much of Latin America and Africa, and parts of Asia. In civil
law systems, judges decide cases by referring to statutes, which
are enacted by legislatures and compiled in comprehensive books
called codes.
In legal systems based on common law, criminal law is distinguished
from what is known as civil law. In this context, the term civil
law refers to the rules regulating private relationships, such
as marriage, contracts, and personal injuries. In contrast, criminal
law governs actions and relationships that are deemed to harm
society as a whole.
PURPOSE OF CRIMINAL LAW
Criminal law seeks to protect the public from harm by inflicting
punishment upon those who have already done harm and by threatening
with punishment those who are tempted to do harm. The harm that
criminal law aims to prevent varies. It may be physical harm,
death, or bodily injury to human beings; the loss of or damage
to property; sexual immorality; danger to the government; disturbance
of the public peace and order; or injury to the public health.
Conduct that threatens to cause, but has not yet caused, a harmful
result may be enough to constitute a crime. Thus, criminal law
often strives to avoid harm by forbidding conduct that may lead
to harmful results.
One purpose of both civil law and criminal law in the common
law system is to respond to harmful acts committed by individuals.
However, each type of law provides different responses. A person
who is injured by the action of another may bring a civil lawsuit
against the person who caused the harm. If the victim prevails,
the civil law generally provides that the person who caused the
injury must pay money damages to compensate for the harm suffered.
A person who acts in a way that is considered harmful to society
in general may be prosecuted by the government in a criminal case.
If the individual is convicted (found guilty) of the crime, he
or she will be punished under criminal law by either a fine, imprisonment,
or death. In some cases, a person's wrongful and harmful act can
invoke both criminal and civil law responses.
THEORIES OF CRIMINAL PUNISHMENT
Various theories have been advanced to justify or explain the
goals of criminal punishment, including retribution, deterrence,
restraint (or incapacitation), rehabilitation, and restoration.
Sometimes punishment advances more than one of these goals. At
other times, a punishment may promote one goal and conflict with
another.
Retribution: The theory of retribution holds that punishment
is imposed on the blameworthy party in order for society to vent
its anger toward and exact vengeance upon the criminal. Supporters
of this theory look upon punishment not as a tool to deter future
crime but as a device for ensuring that offenders pay for past
misconduct.
Deterrence: Those who support the deterrence theory believe that
if punishment is imposed upon a person who has committed a crime,
the pain inflicted will dissuade the offender (and others) from
repeating the crime. When the theory refers to the specific offender
who committed the crime, it is known as special deterrence. General
deterrence describes the effect that punishment has when it serves
as a public example or threat that deters people other than the
initial offender from committing similar crimes.
Restraint: Some believe that the goal of punishment is restraint.
If a criminal is confined, executed, or otherwise incapacitated,
such punishment will deny the criminal the ability or opportunity
to commit further crimes that harm society.
Rehabilitation: Another possible goal of criminal punishment
is rehabilitation of the offender. Supporters of rehabilitation
seek to prevent crime by providing offenders with the education
and treatment necessary to eliminate criminal tendencies, as well
as the skills to become productive members of society.
Restoration: The theory of restoration takes a victim-oriented
approach to crime that emphasizes restitution (compensation) for
victims. Rather than focus on the punishment of criminals, supporters
of this theory advocate restoring the victim and creating constructive
roles for victims in the criminal justice process. For example,
relatives of a murder victim may be encouraged to testify about
the impact of the death when the murderer is sentenced by the
court. Promoters of this theory believe that such victim involvement
in the process helps repair the harm caused by crime and facilitates
community reconciliation.
Conflicts Among Goals: The various justifications for criminal
punishment are not mutually exclusive. A particular punishment
may advance several goals at the same time. A term of imprisonment,
for example, may serve to incapacitate the offender, deter others
in society from committing similar acts, and, at the same time,
provide an opportunity for rehabilitative treatment for the offender.
On the other hand, the goals of punishment may at times conflict.
The retributive and deterrence theories call for the infliction
of unpleasant experiences upon the criminal, including harsh prison
treatment; but the prison environment may not be conducive to,
or may even defeat, rehabilitation.
No one theory of punishment addresses all the goals of criminal
law. A combination of theories and goals plays a part in the thinking
of the legislators who establish the ranges of punishment for
various crimes, the judges and jurors who sentence offenders within
these ranges, and the parole authorities who have the power to
release certain prisoners.
CLASSIFICATION OF CRIMES
Crimes are classified in many different ways: common law crimes
versus statutory crimes, and crimes that are mala in se (evil
in themselves) versus those that are mala prohibita (criminal
only because the law says so). An important classification is
the division of crimes into felonies or misdemeanors. This distinction
is based on the severity of the crime and is rooted in common
law.
In many jurisdictions in the United States, felonies are crimes
punishable by death or imprisonment in a state prison or penitentiary
and misdemeanors are those punishable by fine or imprisonment
in a local jail. (The term jurisdiction refers to the authority
of a political entity, such as a state or a county, or the territory
over which that authority is exercised.) In other jurisdictions,
crimes punishable by imprisonment for one year or more are felonies,
and those punishable by fine or imprisonment for less than one
year are misdemeanors. Since each jurisdiction determines the
penalties for offenses it defines, a misdemeanor in one jurisdiction
may constitute a felony in another. Some jurisdictions have an
additional classification for petty offenses, also called infractions,
which are usually punishable by a small fine.
*******
The following are reportable crimes and their (UCR) definitions
are listed below:
Murder/ Non-Negligent Manslaughter: the willful (non-negligent)
killing of one human being by another. NOTE: Deaths caused by
negligence, attempts to kill, assaults to kill, suicide, accidental
deaths, and justifiable homicides are excluded.
Negligent Manslaughter: the killing of another person through
gross negligence.
Sex Offenses-Forcible: Any sexual act directed against another
person, forcibly and/or against that person's will: or not forcibly
or against the person's will where the victim is incapable of
giving consent.
a. Forcible Rape - is the carnal knowledge of a person, forcibly
and/or against the person's will; or not forcibly or against the
person's where the victim is incapable of giving consent because
of his/her temporary or permanent mental or physical incapacity
(or because of his/her youth).
b. Forcible Sodomy - is oral or anal sexual intercourse with
another person, forcibly and/or against that person's will; or
not forcibly and/or against the person's will where the victim
is incapable of giving consent because of his/her youth or because
of his/her temporary or permanent mental or physical incapacity.
c. Sexual Assault With An Object - is the use of an object or
instrument to unlawfully penetrate, however slightly, the genital
or anal opening of the body of another person, forcibly and/or
against that person's will; or against the person's will where
the victim is incapable of giving consent because of his/her temporary
or permanent mental or physical incapacity.
d. Forcible Fondling - is the touching of the private parts of
another person for the purpose of sexual gratification, forcibly
and/or against that person's will; or, not forcibly and/or against
the person's will where the victim is incapable of giving consent
because of his/her youth or because of his/her temporary or permanent
mental or physical incapacity.
Sex Offenses-Non-Forcible: Unlawful, non-forcible sexual intercourse
(limited to Incest and Statutory Rape)
a. Incest - is the non-forcible sexual intercourse between persons
who are related to each other within the degrees wherein marriage
is prohibited by law.
b. Statutory Rape - is the non-forcible sexual intercourse with
a person who is under the statutory age of consent.
Robbery : The taking or attempting to take anything of value
of the care, custody or control of a person or persons by force
or threat of force or violence and/or by putting the victim in
fear.
Aggravated Assault : An unlawful attack by one person upon another
for the purpose of inflicting severe or aggravated bodily injury.
This type of assault is usually accompanied by the use of a weapon
or by mean likely to produce death or great bodily harm. It is
not necessary that injury resulted from an aggravated assault
when a gun, knife or other weapon is used which could or probably
would result in a serious potential injury if the crime were successfully
completed.
Burglary : The unlawful entry of a structure to commit a felony
or a theft. For reporting purposes this definition includes: unlawful
entry with intent to commit a larceny or a felony; breaking and
entering with the intent to commit a larceny; housebreaking; safecracking;
and all attempts to commit any of the aforementioned.
Motor Vehicle Theft : The theft or attempted theft of a motor
vehicle. (Classify as motor vehicle theft all cases where automobiles
are taken by persons not having lawful access, even though the
vehicles are later abandoned- including joy riding).
Arson : The willful or malicious burning or attempt to burn with
or without intent to defraud a dwelling house, public building,
motor vehicle or aircraft, or personal property of another kind.
Along with the above listed crimes it is a requirement to report
arrests and campus disciplinary referrals for the following offenses:
Liquor Law Violations : The violation of laws or ordinance prohibiting
the manufacture, sale, transportation, furnishing, possessing
of intoxicating liquor; maintaining unlawful drinking places;
bootlegging; operating a still; furnishing liquor to a minor or
intemperate person; using a vehicle for illegal transportation
of liquor; drinking on a train or public conveyance; all attempts
to commit any of the aforementioned. (Drunkenness and driving
under the influence are not included in this definition.)
Drug Abuse Violations : Violations of state and local laws relating
to the unlawful possession, sale, use, manufacturing, and making
of narcotic drugs. The relevant substances include opium or cocaine
and their derivatives; morphine, heroin, codeine; marijuana; synthetic
narcotics (Demerol, Methadone); and dangerous non-narcotic drugs
(Barbiturates, Benzedrine).
Weapon Law Violations : The violation of laws or ordinances dealing
with weapon offenses, regulatory in nature, such as; manufacture,
sale, or possession of deadly weapons; carrying deadly weapons,
concealed or openly; furnishing deadly weapons to minor; alien
possessing weapons and all attempts of the aforementioned.
Murder
The willful (non-negligent) killing of one human being by another.
Manslaughter
The killing of another person through gross negligence.
Sex Offense - Forcible
Any sexual act directed against another person, forcibly and/or
against that person’s will; or not forcibly or against the
person’s will where the victim is incapable of giving consent.
Comprises forcible rape, forcible sodomy (oral or anal), sexual
assault with an object, forcible fondling.
Sex Offense – Non-forcible
Unlawful, non-forcible sexual intercourse. Comprises incest and
statutory rape only.
Robbery
The taking or attempting to take anything of value from the care,
custody, or control of a person or persons by force or threat
of force or violence and/or by putting the victim in fear.
Aggravated Assault
An unlawful attack by one person upon another for the purpose
of inflicting severe or aggravated bodily injury. This type of
assault usually is accompanied by the use of a weapon or by means
likely to produce death or great bodily harm. (It is not necessary
that injury result from an aggravated assault when a gun, knife,
or other weapon is used which could and probably would result
in serious personal injury if the crime were successfully completed.)
Burglary
The unlawful entry of a structure to commit a felony or a theft.
For reporting purposes this definition includes: unlawful entry
with intent to commit a larceny or felony; breaking and entering
with intent to commit a larceny; housebreaking; safecracking;
and all attempts to commit any of the aforementioned.
Motor Vehicle Theft
The theft or attempted theft of a motor vehicle. (Includes all
cases where automobiles are taken by persons not having lawful
access even though the vehicles are later abandoned, including
joyriding.)
Arson
Any willful or malicious burning or attempt to burn, with or
without intent to defraud, a dwelling house, public building,
motor vehicle or aircraft, personal property of another, etc.
Hate Crime
Any crime listed above, and any other crime involving bodily
injury, that manifests evidence that the victim was intentionally
selected because of the victim’s actual or perceived race,
gender, religion, sexual orientation, ethnicity, or disability.
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