The Bdles
Vol.XLV No.l
900 HILLSBOROUGH STREET,
ST. MARY’S COLLEGE. RALEIGH. N.C.
Of
St. Mary’s
Collese^
September, 1983
AN OPEN LETTER TO COLLEGE AND UNIVERSITY STUDENTS
NEW DUI LAWS TO GO INTO physical or m ental faculties are to $1,000. if J oe has two or more one year. He is eligible for a
EFFECT appreciably impaired by an im- prior convictions for driving severely curtailed limited
pairing substance or; impaired within seven years, driving privilege only after he
On Octoberl, 1983, the new (2) By showing the driver's punishment is the same as if he has served a court-ordered
Safe Roads Act will go into ef- alcohol concentration (AC) is had two GADD factors,
feet. The following is an open 010°^ more. If no GADD factors are
letter to all students from if Joe refuses to subm it to a present, the judge weighs the
Heman Clark, Secretary of chemical test, his license will be aggravating and mitigating
Crime Control and Public revoked for one year. He can factors. If aggravating factors privilege. Revocation is per-
Safety, outlining the points of ^pply for limited driving priv- outweigh mitigating factors, manent for the third offense,
the act which most directly Heges only after surrendering Joe can be sentenced to a In matters of license revo-
apply to college and university his license for six months of the minimum of 72 hours in jail, or cation for out-of-state students,
students revocation. 72 hours of community service North Carolina has reciprocity
If J oe registers 0.10 AC or or 90 days without driving or a with m ost states for im paired
more on a chemical test, or re- combination of all. He also driving crimes. The North
period of vehicle non-operation.
If it is Joe’s second offense, he
loses his license for four years
and can get no limited
On October 1, 1983, North
Carolina will have a new set of fuses the test, he will be taken
laws dealing with those who before a magistrate and his
operate a vehicle while im- license will be suspended im
paired by alcoholic beverages mediately for 10 days. This is
or any other impairing sub- mandatory. No one gets off.
stance. The Safe Roads Act of Out-of-state students will have
1983does m uch m ore than raise their privilege to drive in North
the drinking age for beer and Carolina suspended for 10days,
unfortified wine to 19. We would just the same as students
like for the students attending licensed in North Carolina,
colleges and universities to be If the magistrate deter-
aware of the new law. m ines J oe is too im paired to be
Perhaps the best way to ex- released, the m ^gistrate is em -
plain
faces a fine of up to $500. If ag- Carolina Divison of Motor
gravating and mitigating Vehicles would send the report
factors balance out, J oe faces a of your conviction to your horn e
sentence of 48 hours in jail, 48 state and that state could apply
hours community service or 60 the sanction. In any event,
days without driving or a com- North Carolina will revoke your
bination of all. Additionally, Joe privilege to operate a motor
can be fined up to $250. if the
mitigating factors outweigh the
aggravating factors. Joe faces
a jail term of 24 hours, or 24
hours community service or 30
vehicle in this state.
If Joe holds a North
Carolina provisional license
(issued to 16- and 17-year-olds)
and is convicted of DWI or
days without driving or a com - refuses to take a chem ical test,
some of the comprehen- powered under the act to hold bination of all. J oe can be fined or is caught driving with any
up to $100. amount of alcohol or any im-
Some aggravating factors pairing substance in his system
are; grossimpairmentor an AC (excluding prescriptions taken
of 0.20or more; especially reck
less driving; an accident
causing over $500 damage or
personal injury; driving while
license revoked; two or m ore 3-
point motor vehicle offenses
within 5 years, or one or more
prior convictions of DWI or
m ore than 7 years old; speeding
sive provisionsof the new law is Joe for up to 24 hours or until a
to state a hypothetical case in- responsible, sober adult will
volving a student-we will call take responsibility for him. In
him Joe-stopped by a State no event may Joib be' held for
Highway Patrolman for driving more than 24 hours,
under the influence of an im- Next. Joe will have a trial
pairing substance. on the charge. If Joe is con-
Joe may have been stopped victed of driving while im-
at one of the roadblocks law en- paired, the law requires the
forcem ent agencies can now es- judge to hold a sentencing
tablish under the Safe Roads hearing where Grossly Aggra-
Act to check for drunk drivers, voting Drunk Driving (GADD)
He may have been stopped factors, aggravating factors
because the trooper saw him and mitigating factors are pre
J tented bv the prosecutor and posted limit, and passing a
drinking a beer while driving, senteo y . j c..hnni h,.c
. . • j.fencp attorneys. The judge stopped school bus.
UndertheSafeRoadsAct. It IS defense aiiorneys. j s
, m net weiffh these factors in im-
unlawful for the driver of a mustw g
vehicle to consume any posing sentence,
alcoholic beverage while (3
‘^fiving. '' ffonce
Under the new law, Joe can p^jor impaired driving 0
be arrested and charged under jn the past seven years, dr' g
the single offense of impaired y^jth revoked license for
driving. There are no lesser in- impaired offense, causing
eluded offenses, such as care- accident resulting in
less and reckless driving after injury to another) are pr
(tfinking, in the new law; thus, there is a mandatory min
there will be no more plea bar- jail term of 14 j
saining. There is only one be fined up ' ’ * jQg
charge, and it can be proved in GADD factor is Pf®*®
mandatory minimum
one of two ways; faces a man ,
.. :-ji and a fine up
(1) By showing the driver’s seven days m j
in a lawful am ount), his license
will be revoked until he is 18. or
for 45days,whichever islonger.
The law also provides a one-
year license revocation if;
-An underage person at
tempts to purchase or pur
chases an alcoholic beverage;
-An underage person aids
to elude arrest; speeding more or abets another to attempt to
than 30milesper hour above the purchase or purchases an alco
holic beverage;
An underage person at
tempts to purchase, purchases
or possesses alcholic beverages
by using or attempting to use a
fraudulent driver’s license or
other I.D., or by lending his
driver’s license or any other
I.D. for that purpose.
Some mitigating factors
are: slight impairment solely
from alcohol. AC of 0.11 or less;
slight impairment solely from
alcohol and no chemical test
available; generally safe
driving at time of offense; no
serious traffic offenses within
past 5 years; impairment
caused by lawfully prescribed
majority of accidents involving
impaired drivers.
If Joe is caught for DWI
after his license is revoked, he
faces forfeiture of his vehicle.
Another important aspect
of the Safe Roads Act which
may affect students is the
“Dramshop” provision. Under
this provision, negligent sale of
beer, wine or liquor to an under
age person may subject the sel
ler to civil liability if the under
age person then consumes the
beverage and as a result of
consuming the beverage has an
accident while driving im
paired, This provision led
operators of establishments
which sell alcoholic beverages
to ask for the power to hold a
person’s I.D. for a reasonable
timetocheck the I.D.’svalidity.
The seller must tell the person
why he is holding the I.D.
In addition to the criminal
and administrative sanctions
mentioned above, Joe faces a
host of other problems arising
from a conviction for DWI. If he
is a first offender, he will be
required to pay for and attend
classes at one of the state’s
Alcohol D'rug E ducation Traffic
Schools. His car insurance will
climb precipitously. Whatever
it cost before conviction, it will
now cost him 395 percent m ore -
395 percent more for three
years!
It is not worth it to drink
and drive. Y our personal costs
are too high. The costs to
society are too high. If you
drink, don’t drive. If you drive,
don’t drink.
Sincerely,
Neman R. Clark
If Joe registers 0.20 or more
on a chemical test, he will be
referred to an appropriate
drug; and voluntary submission ^ . .... ,
public or private facility for
to treatment before trial.
treatment and counseling. AC
If this is Joe’s first im- levels in those ranges are in-
paired driving offense, he will dicative of problem drinkers,
lose his driving privileges for Problem drinkers cause the
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