Does a DUI Arrest Equal a Drinking Problem?

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Does a DUI Arrest Equal a Drinking Problem?
By Larissa Duron
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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.

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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.

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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.

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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

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Alcohol Consumption Online Survey
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Alcohol Consumption Online Survey
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Alcohol Consumption Online Survey
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Alcohol Consumption Online Survey
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Alcohol Consumption Online Survey
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Alcohol Consumption Online Survey
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Alcohol Consumption Online Survey
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Alcohol Consumption Online Survey
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Alcohol Consumption Online Survey
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Alcohol Consumption Online Survey
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Alcohol Consumption Online Survey
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Alcohol Consumption Online Survey
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Alcohol Consumption Online Survey
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Alcohol Consumption Online Survey
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Alcohol Consumption Online Survey
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Alcohol Consumption Online Survey
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Alcohol Consumption Online Survey
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Alcohol Consumption Online Survey
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Alcohol Consumption Online Survey
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Alcohol Consumption Online Survey
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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?

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Alcohol Consumption Online Survey
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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.