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Page 23 text:
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DWI The DWI law has many hard to inter- pret elements and perhaps an easier way to communicate these elements that would be relevant to students is through a series of examples. Pete was stopped on October 10th. 1983 by Officer R. Jones. Officer Jones, unless a road block was used, must be justified by a reason- able and articulable suspicion to stop Pete. Pete was convicted on an impaired driving offense in 1980 which resulted in serious injury to another person. Pete faces a minimum of 14 days in jail and up to two years and a fine up to $2000.00. Mary is charged with DWI and her alcohol concentra- tion was over 0.20 and has no serious traffic offense in the last 5 years. Mary faces a minimum of 72 hours in jail, 72 hours of Community Service or 90 days non-operation or a combination of the three and a fine up to S500.00. Tom is cruising down Highway 49 and is seen by Officer Riley consuming a beer. Officer Riley apprehends Tom and stops him. Tom faces a fine, up to 2 years in jail, or both. Nancy. Henry, and Laurie are three passengers in Dave ' s car. The three are drinking rum daiquiris and are stopped by Officer Smith. Each passenger faces a fine, up to 2 years in jail, or both. Jimmy is on a prescription drug lawfully obtained and taken in prescribed amounts. While driving. Officer Reece notices Jimmy swerving down the road. Officer Reece determines that the drug caused impairment and charges Jimmy with DWI. Jerry, an 18 year old student, attempts to purchase a 6-pack of beer from 7-Eleven. Jerry faces a fine, up to 2 years in jail, or both. Sandy and Sal go out on a date. Sandy does not drink — Sal gets wasted. Officer Workman stops Sal for speeding and charges Sal for DWI and Sandy for accompanying Sal while he is under the influence of an impairing sub- stance. Sandy faces possible license revocation for up to a year, a fine of up to $100.00. an imprisonment for not more than 60 days or any combination thereof. by Sonya K. Wiley gnu
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Page 22 text:
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DWI The raising of the legal drinking age for beer or fortified wine to 19 years of age poses several changes for behavior on campus. The passage of the new DWI law will also limit the activities students attend off-campus due to the seriousness of getting caught while impaired. The DWI law came about after the previous DUI law was repealed. The DUI law consisted of three statutes: (1) Driving under the influence of narcotics or drugs. (2) Careless or reckless driving after drinking. (3) Driving under the influence of al- cohol and above 0.10. These statutes were repealed and combined under one statute making up the DWI law — Driving While Impaired. The new statute makes it unlawful for a person to: 1. drive or operate 2. any vehicle 3. on a highway, street or PVA (University Roads) 4. a. while under the influence of an impairing substance, or, b. with an alcohol concentration of 0.10 or more at any relevant time after driving. In order to prove the fourth element, the officer must prove (1) by showing the driver ' s physical or mental faculties are appreciably im- paired by an impairing substance or: (2) by showing the driver ' s alcohol concentration (AC) is 0.10 or more. Refusal to take any required test will result in an immediate revocation of his her driving privilege for at least ten days and an additional twelve- month revocaton by the Department of Motor Vehicles. If a person takes any test (blood test, breath test, etc.) and alcohol concentration is 0.10, the person will lose his license for ten davs. 18
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Page 24 text:
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