blank

.08 at Any Relevant Time after the Driving

Every state and the District of Columbia prohibits driving with an alcohol concentration of 0.08 or more though state laws vary regarding whether to establish a violation of the per se impaired driving law an alcohol concentration of .08 or more must exist at the time of driving (see, for example, Ala Code § 32-5A-191; … Read more

blank

No Privilege for You

Among the most frequently asked motor vehicle law questions is whether a person convicted of impaired driving for an offense that occurred when the person was less than 21 years old is eligible for a limited driving privilege.  The answer is no.  The reason?  No statute confers authority for the granting of a limited driving … Read more

blank

Level 3, 4 and 5 Punishment in Impaired Driving Cases

I wrote here about grossly aggravating factors (GAFs) and Level One and Two punishment in impaired driving cases sentenced under G.S. 20-179, leaving discussion of Level Three, Four, and Five punishment for another day. That day is upon us. If the judge or jury in the sentencing hearing determine that there are no GAFs, the … Read more