Charlotte Byrom discusses the recent case of Unwired Planet v Huawei and Conversant Wireless Licensing v Huawei & ZTE [2020] UKSC 37
January 10, 2021Types of Traffic Tickets
January 13, 2021DUI or “driving under influence is a common acronym used to refer to when one is driving while intoxicated by a substance such as alcohol or another drug. Different states will refer to this as DWI which means ‘driving while impaired’ or ‘driving while intoxicated.’ Different countries have different laws that guide how this offense is handled. The main difference between them all is the acceptable alcohol limit in the blood before a person can be charged with a crime.
Comparing the United States to the UK, one would say the USA is a bit lenient on people found driving under influence. This piece aims at comparing the two countries to determine where driver rights are better.
USA
In the USA, the amount of alcohol in your system determines what will happen to you once you are pulled over after being found drunk on the wheel. The age of the driver also determines the action that will be taken against them. Any driver who is above 21 years isn’t allowed to have an alcohol concentration exceeding 0.08% when behind the wheel. Drivers under the age of 21 are only allowed up to 0.02% blood alcohol concentration. These limits are mostly applicable when handling cars and motorbikes. When it comes to boats, airplanes, and commercial vehicles, the limit is much lower than that.
Even though the federal government has laws and penalties in place differ these laws may vary depending on the state in which you have been pulled over. Different states in the country also have their own laws that govern how they handle cases of DUI. The main words used are driving and operating. Different states interpret these words differently and hence the variation in the application of their laws. For instance, failing to submit to a test in California can attract penalties plus a one-year license suspension.
The penalty for the offense also varies depending on the state and the kind of vehicle you are found driving. This is because when driving larger vehicles such as trucks, for instance, the consequences of an accident can be more devastating compared to smaller cars. As Patrick Salvi and his associates put it, truck accidents caused by drunk drivers can have grave results for the victims. This is why it is always advisable to seek expert legal representation when you or a loved one has been injured in a truck accident where the driver was probably intoxicated.
UK
Just like the US, the different municipalities in the UK have different laws regarding alcohol limits for drivers. England and Wales allow their drivers to have alcohol levels of 0.08 percent. The same drivers need to undergo a breathalyzer test and register below 0.035 percent. Scotland has stricter laws compared to England and Wales. To operate vehicles, you need to have a BAC below 0.05 percent and pass the breathalyzer test of under 0.022 percent.
The penalties in the UK are stricter compared to those in the USA. The penalties range from jail time, fines, license suspension, or revocation. Driving or attempting to drive any vehicle while intoxicated will attract the following:
- Six months of imprisonment
- License suspension of a whole year
- Fines
In case you are found driving under intoxication and you have your kids and pets or any other person in the vehicle, you risk facing:
- 3 months imprisonment
- Fines of up to £2,500
Driving under influence is an offense that most countries treat with harshness. Many democratic countries have in place laws that are meant to guide how law enforcement handles these situations. Comparing the USA to the UK, America tends to have more lenient laws.