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LEGAL TIPS

Driving Under the Influence :
Driving while consuming alcohol is generally illegal, though driving after drinking remains legal. In some jurisdictions it is also illegal for an open container of an alcoholic beverage to be in the passenger compartment of a motor vehicle or in some specific area of that compartment.


Legal Term "MISDEMEANOR" Print E-mail
arrestedforacrime A misdemeanor, in many common law legal systems, is a "lesser" criminal act. Misdemeanors are generally punished less severely than felonies, but theoretically more so than administrative infractions (also known as regulatory offenses).

In some jurisdictions, those who are convicted of a misdemeanor are known as misdemeanants (as contrasted with those convicted of a felony, who are known as felons). Depending on the jurisdiction, examples of misdemeanors may include petty theft, prostitution, public intoxication, simple assault, disorderly conduct, trespass, vandalism, and other similar crimes. In general, misdemeanors are crimes with a maximum punishment of 12 months or less of incarceration, typically in a local jail or prison. Those people who are convicted of misdemeanors are often punished with probation, community service, or part-time imprisonment, served on the weekends.

In Anglo-American law, misdemeanors are in the middle range of seriousness for violations of the law. Felonies are the most serious and typically result in automatic forfeiture of some civil rights, including suffrage, and commonly involve lengthy incarceration. Typically, only those charged with felonies are entitled to the right of trial and jury. Infractions are the least serious, are punishable only by fine (and a command to reverse the behavior), and never carry a formal social stigma (examples of violations include parking and minor traffic offenses, late payment of fees, and building code violations).

Misdemeanors never result in the loss of civil rights, but may result in loss of privileges, such as professional licenses, public offices, or public employment. Such effects are known as the collateral consequences of criminal charges. This is more common when the misdemeanor is related to the privilege in question (such as the loss of a taxi for reckless driving), or when the misdemeanor involves moral turpitude—and in general is evaluated on a case-by-case basis. One prominent example of this is found in the United States Constitution, which provides that the president may be impeached by Congress for "high crimes and misdemeanors" and removed from office accordingly. The definition of a "high" misdemeanor is left to the judgement of Congress.

Within classes of offenses, the form of punishment can vary widely. For example, the U.S. federal government and many U.S. states divide misdemeanors into several classes, with certain classes punishable by jail time and others carrying only a fine.

 
DUI & Driving Under The Influence:
DUI Jurisdictions :
Many jurisdictions require more serious penalties (such as jail time, larger fines, longer DUI program, the installation of ignition interlock devices) in cases where the driver's BAC is over 0.20, or 0.15 in some places. These additional sanctions are an attempt to deter and punish the operation of a vehicle at extremely high BAC levels and the concomitant danger posed to the safety of persons and property by heavily impaired drivers. In many cases, the reason given for these additional sanctions is because an average person would have passed out from that much alcohol.

Field Sobriety Test :
An increasingly used field sobriety test involves having the suspect breathe into a small, handheld breath testing device. Called variously a PAS (preliminary alcohol screening) or PBT (preliminary breath test), the units are small, inexpensive versions of their larger, more sophisticated instruments at the police stations, the EBTs (evidentiary breath test). Whereas the EBTs usually employ infrared spectroscopy, the PAS units use a relatively simple electrochemical (fuel cell) technology. Their purpose, along with other FSTs, is to assist the officer in determining probable cause for arrest. Although because of their relative inaccuracy they were never intended to be used in court for proving actual blood-alcohol concentration, some courts have begun to admit them as evidence of BAC.

* No representation is made that the quality of legal services to be performed is greater than the quality
of legal services performed by other lawyers. The information presented at this site should
not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

All Rights Reserved. Copyright © 2008 Richardson Law Offices, LLC
National Association of Consumer Bankruptcy Attorneys

Glossary of Legal Terms :: Alabama Lawyers
DUI Related Stats :
According to state Department of Transportation statistics, there were 582 alcohol-related deaths on our state highways in 2005, and 544 in 2006, the latest year for which data were available.


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