Chapter 7 DRIVER PRIVILEGES AND PENALTIES

1. Chapter 7 • DRIVER PRIVILEGES AND PENALTIES

2. 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-Someonewho’s license has been suspended 3x in 3 years.

3. Suspensions occur on a CASE BY CASE BASIS

4. 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

5. UNDERAGE BAC ( blood alcohol content) over .01 is illegal for anyone under 21 OVER 21 BAC over .08 Blood Alcohol Contents and DUI

6. 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.

7. 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 MANDATORY SANCTIONS

8. Under 21 BAC .01-.08 • 30-90 day license suspension. • 15-30 days community service • Participation in an IDRC or highway safety program

9. 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)

10. 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

11. 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

12. 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

13. 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

14. Other Motor Vehicle Violations DUI with a passenger under 18 in the car also leads to a disorderly person’s offense

15. 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

16. 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.

17. 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

18. 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

19. Surcharges and Point Violations • 6points or more within 3 years = $150 for first 6 points and $25 surcharge each additional point. • Based on date violation is posted, not occurred

20. 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

21. 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

22. 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. Interstate Compacts

23. 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!!!!!!!