Posted On: September 8, 2009

Fort Lauderdale DUI Lawyer – Responsible Consumption of Alcohol and Driving Under the Influence (DUI)

In recent years, Mothers Against Drunk Driving and other interest groups have waged wars not only on drunk driving/DUI, says Broward DUI attorney William Moore, but also on the consumption of alcohol more generally. In particular, the group (not surprisingly, as it is largely composed of parents) has taken a stand against underage drinking and, of course, underage of “baby” DUI, which in Florida requires only a blood or breath alcohol concentration of 0.02 percent in order to prove the crime.

Nationally, Fort Lauderdale DUI attorney Moore says that many people have called for reform of the legal age to consume alcohol. In most states, the legal drinking age was 18 years, at least until laws changed across the country in the 1980s and 1990s. Now, Broward DUI lawyer Moore says that the legal drinking age is 21 in every state.

The United States is almost completely alone in the world at setting the legal drinking age so high and there are many advocates both for and against the relatively high age. After all, those against it sometimes argue, a young person can smoke and buy cigarettes, fight for his country in the armed forces (and even be drafter per the Selective Service), and perhaps most compellingly, take the vows of matrimony upon reaching his 18th birthday in any state in this country. And yet, after completing basic training or a hard day at work or even just at a frat party, he cannot legally consume a beer.

On the other hand, there a lot of people who support the current drinking age, and particularly due to its perceived impact on DUI and drunk driving-related fatalities. They argue that binge-drinking is increasingly common, even among young women (which is a relatively new phenomenon, at least in its more widespread current state), and that lowering the drinking age would only condone youthful drinking and make alcohol and a partying lifestyle more accessible to impressionable young people under the age of 21. They also believe that the higher legal drinking age saves lives because they contend that there are fewer intoxicated people under the age of 21 on the public roads.

One possible compromise might be a drinking age of 19, like Canada has, or a split age law, as is popular in many European countries. For example, a teenager might be permitted to consume lower-proof alcoholic beverages such as beer and wine with parents or when ordering a meal at the age of 16, but would be unable to purchase “hard” liquor until age 18, 19, or even older. Proponents of this kind of system argue that teenagers would be in a position to learn responsible drinking habits from and with their parents – instead of at parties with their binge-drinking friends at that age or a few years down the road.


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Posted On: September 5, 2009

Fort Lauderdale DUI Lawyer – Responsible Consumption of Alcohol and Driving Under the Influence (DUI)

In recent years, Mothers Against Drunk Driving and other interest groups have waged wars not only on drunk driving/DUI, says Broward DUI attorney William Moore, but also on the consumption of alcohol more generally. In particular, the group (not surprisingly, as it is largely composed of parents) has taken a stand against underage drinking and, of course, underage of “baby” DUI, which in Florida requires only a blood or breath alcohol concentration of 0.02 percent in order to prove the crime.

Nationally, Fort Lauderdale DUI attorney Moore says that many people have called for reform of the legal age to consume alcohol. In most states, the legal drinking age was 18 years, at least until laws changed across the country in the 1980s and 1990s. Now, Broward DUI lawyer Moore says that the legal drinking age is 21 in every state.

The United States is almost completely alone in the world at setting the legal drinking age so high and there are many advocates both for and against the relatively high age. After all, those against it sometimes argue, a young person can smoke and buy cigarettes, fight for his country in the armed forces (and even be drafter per the Selective Service), and perhaps most compellingly, take the vows of matrimony upon reaching his 18th birthday in any state in this country. And yet, after completing basic training or a hard day at work or even just at a frat party, he cannot legally consume a beer.

On the other hand, there a lot of people who support the current drinking age, and particularly due to its perceived impact on DUI and drunk driving-related fatalities. They argue that binge-drinking is increasingly common, even among young women (which is a relatively new phenomenon, at least in its more widespread current state), and that lowering the drinking age would only condone youthful drinking and make alcohol and a partying lifestyle more accessible to impressionable young people under the age of 21. They also believe that the higher legal drinking age saves lives because they contend that there are fewer intoxicated people under the age of 21 on the public roads.

One possible compromise might be a drinking age of 19, like Canada has, or a split age law, as is popular in many European countries. For example, a teenager might be permitted to consume lower-proof alcoholic beverages such as beer and wine with parents or when ordering a meal at the age of 16, but would be unable to purchase “hard” liquor until age 18, 19, or even older. Proponents of this kind of system argue that teenagers would be in a position to learn responsible drinking habits from and with their parents – instead of at parties with their binge-drinking friends at that age or a few years down the road.


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Posted On: September 3, 2009

Broward County DUI attorney: A Brief History of Drunk Driving Issues by a Broward DUI Attorney

Broward County DUI attorney William Moore knows better than anyone that the perception of driving under the influence of alcohol or drugs (DUI or DWI) has changed significantly over the past few decades – socially as well as from the perspective of law enforcement officers and the criminal justice system more generally. In the 1960s, if a police officer pulled over a female driver who appeared to be too impaired to drive, he would likely have quietly shuttled her home, says Fort Lauderdale DUI lawyer Moore. Now, the same thing would not happen, even if the driver’s impairment seemed only borderline. Likewise, a partying college student home for the summer who has had a little too much to drink would not be left to go on his way or taken home to his parents’ house: instead, he would be arrested and booked for DUI.

Beginning in the 1980s, states began lowering the BAC at which a driver is presumed to be impaired for the purposes of DUI. Until recently, most states presumed intoxicated with a blood or breath alcohol concentration of 0.10 percent, says Broward DUI lawyer Moore. Now, however, every single state has lowered the BAC at which a driver is “per se” committing a DUI to 0.08 percent, which affects significantly more drivers.

Mothers Against Drunk Driving campaigned hard to have the level lowered in each of the fifty states, but its success came as a result of federal legislation passed by the United States Congress. Congress mandated that states could only receive federal highway funding – on which they were heavily dependent – with the lowered per se DUI laws in place.

Since that time, DUI has become more punitive, and has also become an “enhanceable” offense. Previously, a driver might accrue two DUIs in as many years, but probably would not be punished any more harshly for the second DUI than he or she was for the first. Now, DUIs are punished harsher the more times a person is convicted of the crime. For example, if you are arrested for DUI in Florida for the third time in ten years – and your previous two DUIs resulted in guilty pleas or convictions, even if they occurred in other states – the state will almost certainly charge the third offense as a felony. Similarly, if you are in the same position but it is your fourth DUI ever, regardless of the timeframe, the State Attorney’s Office will probably charge the crime as a felony. Even a second DUI in five years will result in tougher sentencing than the first conviction for driving under the influence, a fact of which many drivers in the Fort Lauderdale area are unaware.

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