 Chapter
 DRIVER
7
PRIVILEGES AND
PENALTIES
The Driving Privilege
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Driving is a privilege and can be taken
away.
In addition to license suspensions, you
can face fines and imprisonment for motor
vehicle violations
Habitual Offender-Someone who’s
license has been suspended 3x in 3
years.
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Suspensions occur on a CASE BY CASE
BASIS
HOW TO LOSE DRIVING
PRIVILEGES
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FAILURE TO APPEAR IN COURT
FAILURE TO PAY SURCHARGES
DRIVING WHILE SUSPENDED
FAILURE TO PROVIDE PROOF OF INSURANCE
PHYSICAL OR MENTAL DISQUALIFICATIONS
DRUG OR ALCOHOL USE
REPEATED TRAFFIC VIOLATIONS
RECKLESS DRIVING
VEHICLE ABANDONMENT ON PUBLIC HIGHWAY
AT FAULT IN FATAL ACCIDENT
Blood Alcohol Contents and DUI
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UNDERAGE
BAC ( blood alcohol
content) over .01 is
illegal for anyone
under 21
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OVER 21
BAC over .08
DUI (cont.)
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You must be over 21
to purchase, possess,
or consume alcoholic
beverages
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If you buy alcohol and are
under 21, you can be
fined $500 and lose your
license for 6 months.
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If you are caught in
possession,
purchasing, or
consuming alcohol
and do not yet have
your license, it is
suspended for 6
months once you
obtain a license.
MANDATORY SANCTIONS
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BETWEEN .08 AND .10
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OVER .10
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3 MONTH SUSPENSION
$250 - $400 FINE
12-48 HOURS IN IDRC
UP TO 30 DAYS IMPRISONMENT
$75 PER DAY IDRC FEE
$100 DRUNK DRIVING FUND FEE
$100 ALC. ED. REHAB AND
ENFORCEMENT FEE
1,000 ANNUAL SURCHARGE FOR 3
YEARS
$75 SAFE NEIGHBORHOOD FUND
FEE
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7-12 MONTH SUSPENSION
$300 - $500 FINE
12-48 HOURS IN IDRC
UP TO 30 DAYS IMPRISONMENT
$75 PER DAY IDRC FEE
$100 DRUNK DRIVING FUND FEE
$100 ALC. ED. REHAB AND
ENFORCEMENT FEE
1,000 ANNUAL SURCHARGE FOR 3
YEARS
$75 SAFE NEIGHBORHOOD FUND
FEE
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Under 21 BAC .01-.08
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30-90 day license suspension.
15-30 days community service
Participation in an IDRC or highway safety
program
Other offenses and penalties
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DUI (2nd offense) – License suspended 2
years, $500-$1000 fine, 48hrs-90 days in
jail
DUI (3rd offense) – License suspended 10
years, $1000 fine, 180 days in jail
Drinking while driving (but under legal
limit) Fine $200-$250 (even if you are a
passenger)
More penalties and suspensions
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Driving on DUI suspension – 1-2 year
license suspension 10-90 days in jail.
Driving with no insurance – License
suspended 1 year
Driving with possession of drugs – 2 year
license suspension
BREATH TESTS
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IMPLIED CONSENT LAW – You have agreed to
submit to a breath test after an arrest for
drinking and driving.
REFUSAL = taken to hospital to have blood
drawn.
REFUSAL = $1,000 SURCHARGE FOR 3
YEARS.
REFUSAL = EQUIVALENT TO FIRST TIME
OFFENSE
Ignition Interlock Device
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First DUI offense – installed for 6 months1 year (at judge’s discretion)
Second DUI offense – 1-3 years or a 2
year suspension of registration privileges
Third DUI offense – 1-3 years or a 10 year
suspension of registration privileges
Intoxicated Driver Resource Center
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1st and 3rd time offenders held at County
IDRC’s
2nd time offenders held at one of 3 regional
IDRC’s
Other Motor Vehicle Violations
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DUI with a passenger
under 18 in the car also
leads to a disorderly
person’s offense
Reasons to have license suspended
or postponed for 6 months:
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Age 13-18 and arrested for graffiti
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Under 21 and setting false alarms
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Under 21 but caught with alcohol
The Point System
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MVC keeps track of driver records through
point system.
Up to 3 points are subtracted for every 12
consecutive months of violation free
driving.
Point total cannot go under 0.
Driver Programs
Receive 12-14 points in more than a 24
month period and you receive a notice of
suspension letter.
 Take a defensive driving course to have 2
points removed from your license
 3 things you can do:
-Attend a driver improvement program
-Request a hearing
-Surrender your license
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Probationary Driver Program
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2 year probation period after receiving permit
PROBATION = 2 or more violations totaling 4 points or
more = must take PROBATIONARY DRIVER
PROGRAM or face license suspension
Completion of program subtracts 3 points from your
license.
If you have any more violations, your license is
suspended.
If you do not complete the program, license is suspended
Once license is restored, driver is on 1 year probation
Surcharges and Point Violations
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6 points or more within 3 years = $150 for
first 6 points and $25 surcharge each
additional point.
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Based on date violation is posted, not
occurred
Moving Violation Point Values
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Failure to stop at a traffic light
2
Failure to give way to passing vehicle
2
Failure to yield to a pedestrian
2
Exceeding speed limit 1-14 mph
2
Leaving scene of accident (property damage 2
Careless driving
2
Failure to obey traffic signs
2
Failure to yield to emergency vehicles
2
Failure to obey direction of officer
2
Driving on private property to avoid a traffic signal
Out of state moving violation
2
2
Point Values (cont.)
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Improper Turns
Speeding 15-29 mph over
Improper passing
Speeding 30mph over or more
Tailgating
Reckless driving
Passing a stopped school bus
Racing on a highway
Leaving scene of accident with personal injury
3
4
4
5
5
5
5
5
8
Interstate Compacts
NONRESIDENT
VIOLATER COMPACT
• Non resident and
residents of a state
given same rights and
face penalities as in
their home state.
• 44 states are members
DRIVER LICENCE
COMPACT
•
•
Provides exchange of
driver information between
states.
Out-of-state violations
become a part of your
driver record.
Other things to know:
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If you are in a motor vehicle accident resulting in
injuries while your license is suspended, you are
subject to fines, suspension of driving
privileges, and mandatory jail sentence!!!!!!!