Driving impaired, often a misdemeanor as a first or second offense, can escalate and become a felony charge with the presence of aggravating factors that elevate the public's risks. Repeat offenses, having a child passenger, and causing severe injuries or death are common examples of such factors.
Driving under the influence (DUI) of alcohol or drugs is particularly serious, as they can significantly interfere with driving abilities and performance. The National Highway Traffic Safety Administration even says that in the U.S., around three in ten (30%) traffic crash fatalities involve drunk drivers.
What Does Driving Impaired Mean?
The term "driving impaired" means operating a motor vehicle despite the presence of factors that reduce one's physical and mental faculties. Such impairments make it unsafe for an individual to drive.
There are several ways a person can drive impaired, including:
- Driving while intoxicated (under the influence of alcohol)
- Operating a motor vehicle under the influence of drugs (illegal substances or prescription medications)
- Driving while experiencing extreme tiredness or fatigue
What Is a Specific Example of Impaired Driving?
Driving drunk is a specific example of driving impaired; in most states, it legally means a driver aged 21 and above has a blood alcohol concentration (BAC) of 0.08 grams per deciliter (g/dL). In Utah, this drops to 0.05 g/dL. In all 50 states, it's illegal for drivers under 21 to have any detectable BAC.
Alcohol and Driving Impaired
Alcohol impairs almost all organs and systems in the body, and the more alcoholic beverages a person drinks in an hour or less, the higher their BAC. The higher their BAC, the more impaired their physical, mental, and cognitive abilities, making it dangerous for them to drive.
Even a BAC of just 0.02 to 0.04, which a person can have after only a single standard alcoholic drink, can already lead to lightheadedness and minor impairment, says the University of Toledo. At 0.08 to 0.10, the effects become far more pronounced. With a BAC at this level, one can experience impaired:
- Reaction times
- Hearing
- Balance
- Speech
- Vision
- Self-control
- Judgment
Alcohol and Drugs, Illegal or Not
Another example of impaired driving is driving under the influence of marijuana. GetSmartAboutDrugs.gov says that after alcohol, it's the second-most commonly used drug when driving. Any other drug, however, whether over-the-counter, prescription, or illegal, can impair one's driving abilities.
When Can Driving Impaired Become a Felony?
Drivers caught operating a vehicle impaired for the first or second time usually face a misdemeanor offense. The prosecutor, however, can elevate the charge to a felony DUI if aggravating factors, such as the following, are present.
Repeat Offense
In many states, a third or subsequent DUI charge within a specified timeframe often upgrades from a misdemeanor to a felony charge. An example is Georgia.
As noted by the Georgia Department of Driver Services, under the state law O.C.G.A. §40-6-391(c)(4), a fourth DUI within 10 years is a felony. If convicted, the consequences of impaired driving in this case are prison time of up to 5 years and a fine of up to $5,000.
Driving Impaired With a Child Passenger
Another way driving impaired can lead to a felony charge is if the police catch a driver operating a motor vehicle with a child passenger. The upgrade is primarily due to child endangerment laws.
Severe Injuries or Death
Not all cases involving impaired drivers lead to motor vehicle crashes, but many of them do. In many instances, the collisions, which often involve high-speed crashes, result in injuries or property damage.
The severe harm that drunk driving can cause is due to impaired drivers being unable to take evasive action, as pointed out by this Marietta DUI accident lawyer. In these situations involving injuries or death, the misdemeanor offense becomes a felony crime.
Steps Impaired Driving Victims Should Take Following the Incident
The first step victims of impaired drivers must take is to check themselves and their passengers for injuries. If there's anyone injured, please call 911 without delay, regardless of severity.
If there are no visible injuries, move off the road to a safer area and turn the vehicle's hazard lights on. Contact the police, as this will allow for the reporting of the impaired driving incident.
Next, document the incident as thoroughly as possible, taking as many photos and videos of the crash site, including all involved vehicles. Get the names of witnesses, too.
Even with no visible injuries, your next stop should be the doctor once the police say you can go. Healthcare professionals can run tests to confirm if you have hidden injuries. They'll give you medical reports that you can use for your compensation claim.
Frequently Asked Questions
Should Impaired Driving Victims Seek the Help of a Lawyer?
Victims of impaired driving crashes don't legally need a personal injury lawyer to file a claim or sue. Still, it's a highly recommended step, as it can help raise the chances of getting fair compensation.
With a lawyer on their team, victims can protect their rights to recover damages, such as for injuries, medications, therapy, hospital bills, and lost work.
Personal injury attorneys can handle the entire claims or lawsuit process, allowing victims to focus on recovery. They'll help value the case, collect evidence, and negotiate fair compensation with insurers. If negotiations fall through, they can take the case to court.
Is There Any "Safe" Number of Alcoholic Drinks for Someone Who Will Drive?
Even if the legal BAC threshold in most states is 0.08 g/dL, any detectable alcohol in the blood can already make a person impaired. Gender and weight also affect this; the BAC of women and people who weigh less rises faster with every drink.
As such, even just one standard alcoholic drink can already be unsafe, even dangerous. If you're going out for drinks, take a cab back or have a trusted friend or loved one who doesn't drink drive you home.
Felony or Not, Driving Impaired Is Dangerous
From repeat offenses to driving with a child passenger and causing severe injuries or death, these are all ways driving impaired can turn into a felony. Even if the offense remains a misdemeanor, operating a motor vehicle under the influence of alcohol, drugs, or extreme fatigue is unsafe.
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