1. Driver Privileges and Penalties
Chapter 7
Driver Privileges and Penalties

2. DO NOW- 9/22 “Driving is a privilege”.
Explain this quotation in your own words in a few sentences.
You DO NOT have the right to drive

3. The Driving Privilege Driving is a PRIVILEGE, NOT a RIGHT
- a driver license can be suspended
for certain motor vehicle violations
The length of suspension time depends on the law that is broken and how many convictions a motorist receives

4. Reasons for LOSS of Driving Privileges
Failure to appear in court or pay fines
Failure to pay motor vehicle surcharges
Driving while suspended
Failure to provide proof of insurance
Physical or mental disqualification
Drug or alcohol use Traffic law violations
At fault in a fatal accident
Failure to respond to a MVC notice

5. Types of Sentences
Mandatory Sentence = penalties that are SET by LAW for certain driving offenses
- if CONVICTED of the offense, the penalty MUST be carried out
Examples: DUI; driving on a DUI suspension; driving with NO auto insurance; driving with possession of drugs

6. Discretionary Sentence = penalties that are SET by the COURTS for certain driving offenses on a case by case basis
- a judge will DECIDE your penalty based on the violation and your driving record
Examples: Traffic law violations; driver history will be a factor

7. In addition to license suspension - fines, surcharges and imprisonment may also be imposed
HABITUAL OFFENDER: a motorist whose license has been SUSPENDED
3 TIMES in 3 YEARS
If a license is SUSPENDED, the motorist is NOT PERMITTED to drive for ANY reason until the suspension period ends and the license is restored

8. DUI – Driving Under the Influence
Age 21 and over: BAC .08%
Under age 21: BAC .01%
21 is the legal age to purchase, possess and/or consume alcoholic beverages

9. MANDATORY DUI PENALTIES
21 or older: BAC .08% - .10%
- 3 month license suspension
- $250 - $400 fine
hours in an IDRC
- up to 30 days in jail
- $1000 year surcharge for 3 yrs.

10. 21 or older: BAC .10% or more
- 7 month to 1 yr license suspension
- $300 - $500 fine
hours in an IDRC
- up to 30 days in jail
- $1000 year surcharge for 3 yrs.

11. UNDER 21 yrs of age 30 to 90 day license suspension
- if you DO NOT have a license YET, the suspension will begin on the day you become eligible to get a license
15 to 30 days COMMUNITY SERVICE
Participation in an IDRC
Underage drinking MAY cause a 6 month delay in obtaining a license

12. IDRC Intoxicated Driver Resource Center
State law requires that any motorist charged with an alcohol related traffic offense MUST be detained in an IDRC
During detention – drivers attend an alcohol and highway safety education program and are evaluated for treatment
If referred for treatment – the driver MUST complete the program as a condition of re-licensing

13. IMPLIED CONSENT LAW Breath Test
The Implied Consent Law means that a motorist has AGREED to submit to a breath test following an arrest for drinking and driving.
Motorist who refuse the breath test will be brought to a hospital for a blood test.

14. PENALTY for REFUSING the BREATH TEST
EQUAL to driving with a BAC of .10%
- license suspension 7 months to 1 year
MVC insurance surcharge :
$1000 a year for 3 years

15. Driver Programs Driver Improvement Program Defensive Driving Courses
Probationary Driver Program
After a license suspension is complete and the license has been restored, the driver will then be on PROBATION for 1 year!

16. Point System
MVC keeps track of a driver’s record by assessing points for infractions committed.
Chart
Points are removed for each complete year of clean driving