Administrative and Civil Penalties Drunk driving in the United States

1 administrative , civil penalties

1.1 sr-22 - proof of financial responsibility
1.2 diversion programs
1.3 dui plates
1.4 ignition interlock devices - iid devices
1.5 vehicle impoundment , forfeiture

administrative , civil penalties

the federal assimilative crimes act, makes state law applicable on lands reserved or acquired federal government when act or omission not made punishable enactment of congress, recognizes collateral actions related dui convictions punishments. according 18 u.s.c. § 13:

… may or shall imposed through judicial or administrative action under law of state, territory, possession, or district, conviction operating motor vehicle under influence of drug or alcohol, shall considered punishment provided law …

sr-22 - proof of financial responsibility

an sr-22 addendum insurance policy. administrative form attests insurance company s coverage, or posting of personal public bond in amount of state s minimum liability coverage licensed driver or vehicle registration. sr in sr-22 stands safety responsibility, , needed reinstate suspended driver s license after dui conviction in 49 states , district of columbia. submitted state s dmv auto insurance company serve proof driver has minimum liability insurance states requires. agreement between driver s insurance company , respective state s dmv requires driver s insurance company notify respective state s dmv driver s insurance has either been terminated or lapsed; instituting suspension of driver s driving privileges until proof of insurance re-filed state s dmv.

while sr-22s typically filed respective state s dmv, states require driver carry proof of sr-22 or carry in registered vehicle, (particularly if driver has been cited coverage lapses or other administrative infractions). sr-22s may attest coverage vehicle regardless of operator (owner liability coverage), or cover specific person regardless of specific vehicle operated (operator liability coverage).

as stated, form required in 49 states , district of columbia in order register vehicle usage on public roads. required redeem license has been suspended due coverage lapse in these required states. these states also, generally, require issuing insurance company provide relevant state s dmv timely updates status of such coverage. if policy sr22 cancels, form called sr26 issued , sent state dmv. upon notice there has been lapse in coverage, state suspend driver s license again. sr-22 filing need submitted regain driving privileges.

diversion programs

the state of washington used permit charged first offense dui/dwi/owi complete diversion program resulted in charges being dismissed upon completion of diversion program. in 1975, under revised code of washington or rcw section 10.05, washington state legislature established deferred prosecution option offenders arrested driving under influence of alcohol or impairing drugs (dui). intended encourage individuals seek appropriate treatment and, under option, defendants significant alcohol or drug dependence problem petition court defer disposition of charge until have completed intensive substance dependence treatment , met other conditions required court. if defendant completed terms of program, charge dismissed; failed, deferred status revoked , defendant prosecuted original dui charge. (rcw 10.05.010 , 10.05.020) in 1992, university of washington alcohol , drug abuse institute evaluated dui deferred prosecution , concluded program reduced dui recidivism. in 1998, legislature modified dui statutes. among other things, length of deferred prosecution supervision increased 2 5 years , defendants restricted 1 deferred prosecution per lifetime.

alcohol programs

every jurisdiction imposes completion of alcohol education programs, commonly known dui programs, subsequent dui/dwi/owi conviction. additionally, states impose additional requirement person attend victim impact panel (vip) administered mothers against drunk driving (madd), established in 1982. both dui classes , victim impact panels available in states first offense duis dependent on judge s decision.

dui plates

in 1967, ohio began issue special license plates dui offenders granted limited driving privileges such work-related driving until court can rule can have full privileges back. however, judges enforced plates, in 2004, plates became mandated state law dui offenders. unlike ohio s standard-issue plates (which of 2008 have picture of ohio country side), dui plates yellow red writing no registration stickers or graphics. commonly referred party plates .

minnesota has similar program, plates white either blue or black text. plate number w , followed letter , 4 numbers. these plates may issued drivers @ least 2 offenses in five-year period; 3 offenses in ten-year period; having bac twice legal limit; or having child in car @ time of arrest. in minnesota, dui plates referred whiskey plates , whiskey being name of letter w in nato phonetic alphabet.

ignition interlock devices - iid devices

some states, such california, may impose installation of ignition interlock devices in cases driver s bac on 0.20%, or 0.15% in places. these additional sanctions meant deter , punish operation of vehicle @ extremely high bac levels , concomitant danger posed safety of persons , property heavily impaired drivers.

as of july 1, 2010, california implemented pilot project dui sentencing. in 4 counties, los angeles, sacramento, tulare , alameda, first offenders convicted of drunk driving required install ignition interlock device in car period of 5 months , second offenders period of 1 year. previously, requirement required third offenders , permitted second offenders, , three-year period. california dmv has written guidelines clear ambiguities in law. costs associated ignition interlock devices include $70 – $150 installation , fees in range of $60 - $80 per month thereafter.

vehicle impoundment , forfeiture

some states, such california, allow impoundment , forfeiture of vehicles under conditions.