Chapter 7

DRIVER PRIVILEGES AND PENALTIES

The Driving Privilege

Driving is a privilege and can be taken away.

In addition to license suspensions, you can face fines and imprisonment for motor vehicle violations

Habitual Offender-Someone who’s license has been suspended 3x in 3 years.

Suspensions occur on a CASE BY CASE BASIS

HOW TO LOSE DRIVING PRIVILEGES FAILURE TO APPEAR IN COURT FAILURE TO PAY SURCHARGES DRIVING WHILE SUSPENDED FAILURE TO PROVIDE PROOF OF INSURANCE PHYSICAL OR MENTAL DISQUALIFICATIONS DRUG OR ALCOHOL USE REPEATED TRAFFIC VIOLATIONS RECKLESS DRIVING VEHICLE ABANDONMENT ON PUBLIC HIGHWAY AT FAULT IN FATAL ACCIDENT

Blood Alcohol Contents and DUI

UNDERAGE BAC ( blood alcohol

content) over .01 is illegal for anyone under 21

OVER 21 BAC over .08

DUI (cont.)

You must be over 21 to purchase, possess, or consume alcoholic beverages

If you buy alcohol and are under 21, you can be fined $500 and lose your license for 6 months.

If you are caught in possession, purchasing, or consuming alcohol and do not yet have your license, it is suspended for 6 months once you obtain a license.

MANDATORY SANCTIONS

BETWEEN .08 AND .10 3 MONTH SUSPENSION $250 - $400 FINE 12-48 HOURS IN IDRC UP TO 30 DAYS IMPRISONMENT $75 PER DAY IDRC FEE $100 DRUNK DRIVING FUND FEE $100 ALC. ED. REHAB AND

ENFORCEMENT FEE 1,000 ANNUAL SURCHARGE FOR 3

YEARS $75 SAFE NEIGHBORHOOD FUND

FEE

OVER .10 7-12 MONTH SUSPENSION $300 - $500 FINE 12-48 HOURS IN IDRC UP TO 30 DAYS IMPRISONMENT $75 PER DAY IDRC FEE $100 DRUNK DRIVING FUND FEE $100 ALC. ED. REHAB AND

ENFORCEMENT FEE 1,000 ANNUAL SURCHARGE FOR 3

YEARS $75 SAFE NEIGHBORHOOD FUND

FEE

Under 21 BAC .01-.08

30-90 day license suspension. 15-30 days community service Participation in an IDRC or highway safety

program

Other offenses and penalties

DUI (2nd offense) – License suspended 2 years, $500-$1000 fine, 48hrs-90 days in jail

DUI (3rd offense) – License suspended 10 years, $1000 fine, 180 days in jail

Drinking while driving (but under legal limit) Fine $200-$250 (even if you are a passenger)

More penalties and suspensions

Driving on DUI suspension – 1-2 year license suspension 10-90 days in jail.

Driving with no insurance – License suspended 1 year

Driving with possession of drugs – 2 year license suspension

BREATH TESTS

IMPLIED CONSENT LAW – You have agreed to submit to a breath test after an arrest for drinking and driving.

REFUSAL = taken to hospital to have blood drawn.

REFUSAL = $1,000 SURCHARGE FOR 3 YEARS.

REFUSAL = EQUIVALENT TO FIRST TIME OFFENSE

Ignition Interlock Device

First DUI offense – installed for 6 months-1 year (at judge’s discretion)

Second DUI offense – 1-3 years or a 2 year suspension of registration privileges

Third DUI offense – 1-3 years or a 10 year suspension of registration privileges

Intoxicated Driver Resource Center

1st and 3rd time offenders held at County IDRC’s

2nd time offenders held at one of 3 regional IDRC’s

Other Motor Vehicle Violations

DUI with a passenger under 18 in the car also leads to a disorderly person’s offense

Reasons to have license suspended or postponed for 6 months:

Age 13-18 and arrested for graffiti

Under 21 and setting false alarms

Under 21 but caught with alcohol

The Point System

MVC keeps track of driver records through point system.

Up to 3 points are subtracted for every 12 consecutive months of violation free driving.

Point total cannot go under 0.

Driver Programs

Receive 12-14 points in more than a 24 month period and you receive a notice of suspension letter.

Take a defensive driving course to have 2 points removed from your license

3 things you can do:

-Attend a driver improvement program

-Request a hearing

-Surrender your license

Probationary Driver Program

2 year probation period after receiving permit PROBATION = 2 or more violations totaling 4 points or

more = must take PROBATIONARY DRIVER PROGRAM or face license suspension

Completion of program subtracts 3 points from your license.

If you have any more violations, your license is suspended.

If you do not complete the program, license is suspended Once license is restored, driver is on 1 year probation

Surcharges and Point Violations

6 points or more within 3 years = $150 for first 6 points and $25 surcharge each additional point.

Based on date violation is posted, not occurred

Moving Violation Point Values

Failure to stop at a traffic light 2 Failure to give way to passing vehicle 2 Failure to yield to a pedestrian 2 Exceeding speed limit 1-14 mph 2 Leaving scene of accident (property damage 2 Careless driving 2 Failure to obey traffic signs 2 Failure to yield to emergency vehicles 2 Failure to obey direction of officer 2 Driving on private property to avoid a traffic signal 2 Out of state moving violation 2

Point Values (cont.)

Improper Turns 3 Speeding 15-29 mph over 4 Improper passing 4 Speeding 30mph over or more 5 Tailgating 5 Reckless driving 5 Passing a stopped school bus 5 Racing on a highway 5 Leaving scene of accident with personal injury 8

Interstate Compacts

NONRESIDENT

VIOLATER COMPACT• Non resident and

residents of a state given same rights and face penalities as in their home state.

• 44 states are members

DRIVER LICENCE COMPACT

• Provides exchange of driver information between states.

• Out-of-state violations become a part of your driver record.

Other things to know:

If you are in a motor vehicle accident resulting in injuries while your license is suspended, you are subject to fines, suspension of driving privileges, and mandatory jail sentence!!!!!!!