Driver Privileges and Penalties Chapter 7 Driver Privileges and Penalties

DO NOW- 9/22 “Driving is a privilege”. Explain this quotation in your own words in a few sentences. You DO NOT have the right to drive

The Driving Privilege Driving is a PRIVILEGE, NOT a RIGHT - a driver license can be suspended for certain motor vehicle violations The length of suspension time depends on the law that is broken and how many convictions a motorist receives

Reasons for LOSS of Driving Privileges Failure to appear in court or pay fines Failure to pay motor vehicle surcharges Driving while suspended Failure to provide proof of insurance Physical or mental disqualification Drug or alcohol use Traffic law violations At fault in a fatal accident Failure to respond to a MVC notice

Types of Sentences Mandatory Sentence = penalties that are SET by LAW for certain driving offenses - if CONVICTED of the offense, the penalty MUST be carried out Examples: DUI; driving on a DUI suspension; driving with NO auto insurance; driving with possession of drugs

Discretionary Sentence = penalties that are SET by the COURTS for certain driving offenses on a case by case basis - a judge will DECIDE your penalty based on the violation and your driving record Examples: Traffic law violations; driver history will be a factor

In addition to license suspension - fines, surcharges and imprisonment may also be imposed HABITUAL OFFENDER: a motorist whose license has been SUSPENDED 3 TIMES in 3 YEARS If a license is SUSPENDED, the motorist is NOT PERMITTED to drive for ANY reason until the suspension period ends and the license is restored

DUI – Driving Under the Influence Age 21 and over: BAC .08% Under age 21: BAC .01% 21 is the legal age to purchase, possess and/or consume alcoholic beverages

MANDATORY DUI PENALTIES 21 or older: BAC .08% - .10% - 3 month license suspension - $250 - $400 fine - 12-48 hours in an IDRC - up to 30 days in jail - $1000 year surcharge for 3 yrs.

21 or older: BAC .10% or more - 7 month to 1 yr license suspension - $300 - $500 fine - 12-48 hours in an IDRC - up to 30 days in jail - $1000 year surcharge for 3 yrs.

UNDER 21 yrs of age 30 to 90 day license suspension - if you DO NOT have a license YET, the suspension will begin on the day you become eligible to get a license 15 to 30 days COMMUNITY SERVICE Participation in an IDRC Underage drinking MAY cause a 6 month delay in obtaining a license

IDRC Intoxicated Driver Resource Center State law requires that any motorist charged with an alcohol related traffic offense MUST be detained in an IDRC During detention – drivers attend an alcohol and highway safety education program and are evaluated for treatment If referred for treatment – the driver MUST complete the program as a condition of re-licensing

IMPLIED CONSENT LAW Breath Test The Implied Consent Law means that a motorist has AGREED to submit to a breath test following an arrest for drinking and driving. Motorist who refuse the breath test will be brought to a hospital for a blood test.

PENALTY for REFUSING the BREATH TEST EQUAL to driving with a BAC of .10% - license suspension 7 months to 1 year MVC insurance surcharge : $1000 a year for 3 years

Driver Programs Driver Improvement Program Defensive Driving Courses Probationary Driver Program After a license suspension is complete and the license has been restored, the driver will then be on PROBATION for 1 year!

Point System MVC keeps track of a driver’s record by assessing points for infractions committed. Chart Points are removed for each complete year of clean driving