Drug & Alcohol Policy

Transcription

1 Drug & Alchl Plicy NORTHWOOD UNIVERSITY Reviewed September 2017

2 Table f Cntents Drug & Alchl Plicy... 3 Drug and Alchl Preventin Cunseling... 3 Health Risks f Substance/Alchl Abuse... 4 Wh is at Risk?... 5 Self-Assessment... 6 Emplyee Drug & Alchl Plicy... 6 Laws & Plicies... 7 Legal Sanctins... 7 State f Califrnia Legal Sanctins fr Vilatins f a Cntrlled Substance/Alchl... 8 State f Indiana Legal Sanctins fr Vilatins f a Cntrlled Substance/Alchl State f Kentucky Legal Sanctins fr Vilatins f a Cntrlled Substance/Alchl State f Luisiana Legal Sanctins fr Vilatins f a Cntrlled Substance/Alchl State f Michigan Legal Sanctins fr Vilatins f a Cntrlled Substance/Alchl State f Texas Legal Sanctins fr Vilatins f a Cntrlled Substance/Alchl

3 Drug & Alchl Plicy The Drug-Free Wrkplace Act was enacted int Federal law in The university recgnizes its bligatin t supprt the law and is aware f the damaging impact illegal drugs can have n ur culture and especially its yung peple. The Drug-Free Wrkplace Act f 1988, Subtitle D, Sectin 5152 and the Drug-Free Schls and Cmmunities Act amendments f 1989, PL n requires that Nrthwd University maintain an envirnment free frm the unlawful manufacture, distributin, dispensatin, pssessin r use f cntrlled substances, r alchl. The unlawful manufacture, distributin, dispensing, pssessin r use f a cntrlled substance is prhibited while n cllege prperty, attending Nrthwd events, r perfrming wrk-related duties. Pursuant t applicable prcedures, plicies, r apprpriate cllective bargaining agreements, gverning emplyee r student discipline, invlvement in the unauthrized use r sale, manufacturing, dispensing r pssessin f cntrlled substances r alchl n Nrthwd University premises r during Nrthwd University activities, r wrking under the influence f such substances, will be subject t disciplinary actins up t and including dismissal r expulsin. Any emplyee r student wh is cnvicted f vilating any criminal drug/alchl statue when such vilatins ccurs at the University r as part f any cllege activities, must ntify the university n later than five (5) days after such cnvictin. Failure t prvide such a ntice may subject the emplyee/student t dismissal/expulsin. He/she shall ntify his/her immediate supervisr, wh will reprt the incident t the Human Resurces Department. Students in the Adult Degree Prgram will ntify the Assciate Dean f Academics. All ther students will ntify the Dean f Student. Yu can use the table belw t cntact the apprpriate persn either by telephne r . DeVs Graduate fairbair@nrthwd.edu Michigan Campus cripe@nrthwd.edu Texas Campus fegan@nrthwd.edu Adult Degree Prgrams farahm@nrthwd.edu Nrthwd University supprts prgrams aimed at the preventin f substance abuse by University emplyees and students. The University will prvide preventative educatinal prgrams fr students and refer emplyee/students experiencing substance-dependency-related prblems fr cunseling and assistance. Drug and Alchl Preventin Cunseling Nrthwd encurages faculty staff and students with alchl r ther drug dependency prblems t cntact cmmunity cunseling centers fr assistance. Cnfidential substance abuse cunseling may be arranged by cntacting the Human Resurces Department, the Vice President f Finance, Dean f Students r ur Emplyee Assistance Prgram (EAR). Belw is a list f sme drug and alchl preventin, cunseling treatment and rehabilitatin prgrams. Additinal prgrams may be fund by researching nline Drug Abuse & Addictin Infrmatin r Alchl Infrmatin and Treatment. 3

4 Midland Cunty Nrthwd University - Student Assistance Campus Office in the Health Center, Miner Hall Nrthwd University Student Services Alchlics Annymus Cmmunity Mental Health 218 Fast Ice Drive, Midland Texas Nrthwd University Alchlics Annymus Balmede Ave Lancaster, Texas Or (214) W Camp Wisdm Rad #B, Duncanville, Texas Department f State Health Services, Austin TX Mental Health America f Greater Dallas N gd Latimer Expy# 200, Dallas, Texas Adult Degree Prgram Califrnia Nrthwd University Student Services Alchlics Annymus Stantn Ave # D Buena Park, Califrnia Adult Degree Prgram Indiana Nrthwd University Student Services Suthwestern Indiana Alchlics Annymus NW 4 th St #12 Evansville, IN Adult Degree Prgram Kentucky Nrthwd University Student Services Alchlics Annymus W. Bradway Rm 620 Luisville, Kentucky Adult Degree Prgram Luisiana Nrthwd University Student Services Alchlics Annymus Papwrth Ave A, Metairie, LA Health Risks f Substance/Alchl Abuse Drug use can start ut as experimentatin r casual use and can prgress int prblem use r addictin. Lng-term research has prven that the abuse f alchl and ther drugs can erde the fundatin f the University's gals and bjectives and diminishes the persnal attainment f intellectual, scial, physical and mral grwth and develpment. The fllwing prvide sme specific risks incurred with the use f particular cmmn drugs r substances. Amphetamines. Shrt-term effects such as rushed, careless behavir; tlerance increases rapidly. Lng term effects include physical and psychlgical dependence and withdrawal can result in depressin and suicide; cntinued high dses can cause heart prblems, infectins, malnutritin and death. Ccaine. Shrt-term effects such as impaired judgment; increased breathing, heart rate, heart palpitatins; anxiety, restlessness, hstility, parania, cnfusin. Lng-term effects may include damage t respiratry and immune systems; malnutritin, seizures and lss f brain functin; highly addictive. 4

5 Designer Drugs/Synthetic Cannabinids. Shrt-term effects such as elevated heart rate, bld pressure and chest pain; hallucinatins, seizures, vilent behavir and parania; culd lead t lack f appetite, vmiting and tremr. Lng-term effects culd include kidney/liver failure, increased risk f suicide and death. Alchl. Shrt-term effects such as lss f cncentratin and judgment; slwed reflexes; disrientatin leading t higher risk f accidents and prblem behavir. Lng term effects include risk f liver and heart damage, malnutritin, cancer and ther illnesses; can be addictive t sme persns. Can cause cma r death when cnsumed rapidly and in large amunts. Hallucingens Culd cause extreme distrtins f what s seen and heard; induces sudden changes in behavir, lss f cncentratin and memry; increase f birth defects in user s children; verdse can cause psychsis, cnvulsins, cma and death. Opiates/Narctics. Can cause physical and psychlgical dependence; verdse can cause cma, cnvulsins, respiratry arrest and death. Lng-term effects may lead t malnutritin, infectin and hepatitis; sharing needles is a leading cause f the spread f HIV and Hepatitis; highly addictive, tlerance increases rapidly. Inhalants. Shrt-term effects can cause such as nausea, dizziness, fatigue, slurred speech, hallucinatins r delusins; may lead t rapid and irregular heart rhythms, heart failure and death. Lng-term effects may result in lss f feeling, hearing and visin; can result in permanent damage t the brain, heart, lungs, liver and kidneys. Cannabis (Marijuana). Shrt-term effects such as slw reflexes; increase in frgetfulness; alters judgment f space and distance; aggravate pre-existing heart and/r mental health prblems. Lng-term effects include permanent damage t lungs, reprductive rgans and brain functin; can interfere with physical, psychlgical, scial develpment f yung users. Prescriptin Drugs (nn-medical use). Allergic reactin, dependence, addictin, tlerance, psychtic episdes, risk f heart attack r strke, r death due t verdsing. Wh is at Risk? The key t preventing and treating drug/alchl abuse is t treat the underlying reasns fr use. Factrs putting peple at higher risk fr drug/alchl use are: a) Family histry f alchlism r drug abuse b) Favrable attitudes tward use c) Friends wh use drugs d) Lw self-esteem & self-wrth e) Academic r wrk related failures f) Weak intra & interpersnal skills g) Inadequate bnding h) Incest, sexual abuse victim i) Inadequate cping skills j) Stress k) Depressin Educatin and training is imprtant in learning t help urselves and thers. Cmpnents f this educatin include: 5

6 Early Detectin: Understanding signs and symptms f drug/alchl abuse Interventin: Appraching smene yu think has a prblem Referral: Knwing where t get help r sending smene fr help Self-Assessment What are yur attitudes and behavirs regarding the use f alchl and drugs? Analyzing yur attitudes in cnjunctin with knwing the facts abut drugs is imprtant t respnsible decisin making cncerning yur well-being. Answer the fllwing questins t assess yurself. All questins include reference t the use f legal and illegal drugs. 1. Are yu unable t stp drinking/dsing after a certain number f drinks/dses? 2. D yu need a drink/drug t get mtivated? 3. D yu frget what happened while yu were partying? (Blackuts) 4. D yu drink r take drugs alne? 5. Have thers annyed yu by questining yu abut yu re drinking/drug use? 6. Have yu been invlved in physical vilence while yu were drunk/high? 7. Have yu destryed r damaged prperty while drinking r using drugs? 8. D yu drive while drunk r high? 9. Have yu been physically hurt while under the influence f alchl/drugs? 10. Have yu been in truble with University fficials r campus security because f alchl/drug use? 11. Have yu chsen friends based upn their favrable attitudes tward drinking and drugs? 12. D yu think yu are nrmal despite friend s cmments that yu drink r use drugs t much? 13. Have yu ever missed wrk/classes because yu were t hung ver t get up n time? 14. Have yu ever dne prly n an exam/assigned wrk because f drinking/drug use? 15. D yu think abut drinking r getting high ften? 16. D yur scial activities invlve drinking r the use f drugs in rder fr yu t enjy yurself? 17. D yu feel drinking/drug use is affecting yur ability t maintain healthy, intimate relatinships with a significant ther? 18. D yu feel that drinking/drug use is affecting yur physical health n an n-ging basis including insmnia, intestinal disturbances, mental prcessing, etc.? 19. D yu believe yu need t drink/use drugs (ther than prescribed) t functin at wrk, hme r in scial situatins? If yu answered "yes" t three r mre f these questins, r yu are cncerned abut yur use, yu may be using alchl/drugs in a way in which the quality f yur life is diminished and the effects are harmful. D nt blame yurself. Ask fr help. Use the resurces listed abve. Emplyee Drug & Alchl Plicy Substance Abuse & Drug-Free Wrkplace Scpe In 1988, the Drug-Free Wrkplace Act was enacted int federal law. The University recgnizes its bligatin t supprt the law and is aware f the damaging impact legal/illegal drugs can have n ur culture and especially its yung peple. The Drug-Free Wrkplace Act f 1988, Subtitle D, Sectin 5152 and the Drug Free Schls and Cmmunities Act Amendments f 1989, PL N , requires that Nrthwd University maintain an envirnment free frm the unlawful manufacturing, distributin, dispensing, pssessin r use f cntrlled substances, and r alchl. It is the respnsibility f Nrthwd University emplyees and students t familiarize themselves with the plicies, regulatins and prcedures. Students shuld refer t the Student Handbk r the Dean f Students Office and 6

7 emplyees can refer t applicable cllective bargaining agreements, r the Human Resurces Department/Representative fr additinal infrmatin. A summary f legal sanctins fr the vilatin f cntrlled substances/alchl laws and plicies can be btained frm the Student Services Office r the Human Resurces Department/Representative. POLICY A. The manufacturing and unlawful distributin, dispensing, pssessin r use f a cntrlled substance and/r alchl is prhibited while n University prperty, attending Nrthwd. University events, r perfrming wrk-related duties. B. Pursuant t applicable prcedures, plicies, r apprpriate cllective bargaining agreements, gverning emplyee r student discipline, invlvement in the unauthrized use, sale, manufacturing, dispensing r pssessin f cntrlled substances and/r alchl n Nrthwd. University premises r during Nrthwd University activities, r wrking under the influence f such substances, will be subject t disciplinary actin up t and including terminatin f emplyment r expulsin. C. Any emplyee r student wh is cnvicted f vilating any criminal drug/alchl statute, must ntify the University n later than five (5) days after such cnvictin. Failure t prvide such ntice may subject the emplyee/student t terminatin f emplyment/expulsin. The emplyee shall ntify his/her immediate manager, wh will reprt the incident t the Human Resurces Department. The student will ntify the Dean f Students. D. Nrthwd University supprts prgrams aimed at the preventin f substance abuse by University emplyees and students. E. Legal Sanctins fr Vilatins f Cntrlled Substances/Alchl Laws & Plicies In additin t federal, state and lcal laws which prhibit and cntrl legal sanctins fr vilatins f cntrlled substances and alchl, Nrthwd University will impse its wn sanctins fr any vilatins ccurring at the University r at University-related events. F. Drug and Alchl Preventin Cunseling in Nrthwd University encurages faculty, staff and students with alchl r ther drug dependency prblems t cntact cmmunity cunseling centers fr assistance. Laws & Plicies Federal, State and lcal laws prhibit the pssessin, use, manufacturing, distributin and sales f cntrlled substances. Sanctins fr vilatins f these laws can range frm fine and penalties t imprisnment. There are als laws against the abuse f alchl. Drinking and driving is the mst frequent vilatin and can result in prbatin, imprisnment, and lss f driving privileges. Cntributin t anther s abuse f alchl can als lead t legal sanctins. Legal Sanctins There are legal sanctins under lcal rdinances, and under state and federal law fr the unlawful pssessin, use, r distributin f illicit drugs and alchl. A vilatin under state law may result in a misdemeanr r felny cnvictin depending n the nature f the ffense, punishable by imprisnment, payment f fines, cnfiscatin f real and persnal prperty r a cmbinatin f the three. It is the respnsibility f Nrthwd emplyees and students t familiarize themselves with the plicies, regulatins and prcedures. Students shuld refer t the Student Handbk r the Dean f Students Office and emplyees can refer t applicable cllective bargaining agreements, the Emplyee Handbk, Plicies & Prcedures Manual r the Human Resurces Office fr additinal infrmatin. A summary f legal sanctins fr the vilatin f cntrlled 7

8 substances/alchl laws and plicies can be btained frm the Student Services Office r Human Resurces Representative. *Disclaimer: Belw is a summary f laws by state, individuals shuld refer t the full text f the State law befre drawing legal cnclusins State f Califrnia Sanctins fr Vilatins f a Cntrlled Substance/Alchl DUI (Driving Under the Influence) Penalties Under Califrnia law, it is illegal fr anyne t perate a vehicle with a Bld Alchl Cntent (BAC) f.08 r higher. It is als illegal fr anyne under 21 t perate a vehicle with a BAC f.02 r higher First Offense (Misdemeanr) Fund t have BAC f.08 r higher while driving Summary prbatin fr 3-5 years 48-hur jail sentence r a 90-day license restrictin impsed, it begins after yur DMV fur-mnth suspensin r 30-day suspensin fllwed by a five-mnth restrictin 4 days t 6 mnths in cunty jail $390 fine plus ver $1,000 in rdinary penalty assessment Attendance and cmpletin f a $500, three-mnth alchl-treatment prgram instead f the six- r tenmnth flat suspensin that wuld therwise be impsed Secnd Offense (Misdemeanr) Fr a secnd DUI within 10 years Summary prbatin fr 3-5 years 10 days t 12 mnths in cunty jail $390 fine plus ver $1,800 in rdinary penalty assessment 18 r 30 mnth DUI educatin prgram 2 year driver s license suspensin; after 12 mnths, suspensin may be cnverted t restricted license (Installatin f an interlck device) Third Offense (Misdemeanr) Fr a third DUI within 10 years Infrmal prbatin fr 3-5 years N less than 120 days and n mre than 1 year in a cunty jail $390 in fines, ver $1,000 rdinary penalty assessment, DUI-nly assessments fr abut $ mnth DUI educatin prgram 3 year driver s license revcatin; after 18 mnths may be cnverted t a restricted license Designated as habitual traffic ffender by the DMV 16 mnths in state prisn & revcatin f yur driver s license fr fur years (furth ffense) DUI with Injury (Misdemeanr) May be charged with misdemeanr r felny based n (1) the circumstances f arrest, and (2) criminal histry Summary prbatin fr 3-5 years N less than 5 days and n mre than 1 year in cunty jail $390 $5,000 rdinary penalty assessment 3, 18, r 30 mnth alchl prgram 1-3 years driver s license restrictin Restitutin t all injured parties DUI with Injury (Felny) Driving under the influence f causing an injury, vehicle manslaughter, secnd degree murder. N less than 16 mnths and up t 10 years in the Califrnia State Prisn Additin f 1-6 year prisn sentence depending n 8

9 Hw many peple were injured The extent f their injuries Pssibility f a strike n yur recrd (Califrnia s Three Strikes Law) $1,015-$5,000 in fines mnth drug/alchl prgram Habitual Traffic Offender status fr three years Restitutin t all injured parties Felny DUI If cnvicted f felny driving under the influence fr acquiring fur r mre DUI cnvictins within 10 years time N less than 16 mnths, r 2-3 years in the Califrnia State Prisn $390-$1,000 in fines 4 year Califrnia driver s license revcatin Habitual Traffic Offender status Cnditins f Prbatin fr DUI The fllwing cnditins are always included when a DUI sentence including prbatin is impsed N driving with any measurable amunt f alchl in the bldstream Cmplete a twelve-hur t thirty-mnth alchl prgram N refusal t submit t a chemical test f bld, breath, r urine N cmmitting f any ther crimes Pssible cnditins that als may be impsed: Attendance in AA r NA meetings Participatin in MAAD prgrams Restitutin Installatin f an Ignitin Interlck Device Aggravating Factrs that May Increase DUI Sentence The fllwing factrs will increase DUI penalties, regardless f the number f ffenses yu have had BAC f 15% r higher Refusal t take chemical test Causing an accident Multiple Victims Enhanced Penalty Driving at excessive speeds Having children under age 14 in the car Being under 21 at the time f DUI ffense Prir DUIs r Felny DUIs & DUI in a cnstructin zne Other Cmmn Alchl Offenses and Penalties Business and Prfessin Cde (a) Anyne wh sells, furnishes, gives r causes any persn under the age f 21 years is guilty f misdemeanr Penalty: Fine f $250 and lss f driver s license fr 1 year (24 hurs r mre than 32 hurs f cmmunity service fr the first vilatin and it wuld be increased fr the secnd) Vehicle Cde (a) It is unlawful fr a persn under the age f 21 years wh has a bld alchl level f anything between 0.05% and 0.07% t drive a vehicle. Penalty: Suspensin f driver s license fr up t 1 year and the vehicle may be impunded, minimum threemnth alchl educatin prgram. Anything abve 0.08%, yu will be charged with a Califrnia DUI ffense regardless f the age. Penal Cde

10 Grss vehicular manslaughter while intxicated is the unlawful killing f a human being withut malice r afrethught while driving under the influence f alchl and/r drugs. Penalty: Imprisnment in the state prisn fr 4, 6 r 10 years. Drug Penalties (Marijuana) Pssessin 28.5 grams r less, ver 18 years f age, n schl grunds 10 days in jail Up t $500 fine Over 28.5 grams f Marijuana ther than cncentrated Cannabis, ver 18 years f age, n schl grunds 6 mnths in jail Up t $500 fine Or bth Pssessin with Intent t Distribute Any amunt 16 mnths-3 years in jail Sale r Delivery Any amunt 2-4 years in jail State f Indiana Sanctins fr Vilatins f a Cntrlled Substance/Alchl OWI (Operating while intxicated) Penalties Under Indiana law, it is illegal fr any driver t drive with a Bld Alchl Cntent (BAC) f.08 r higher. It is als illegal fr anyne under 21 t perate a vehicle with a BAC f.01 r higher First OWI (Class C r A Misdemeanr) Fine: up t $500 fine (up t $5,000 if BAC 0.15 r abve) Jail: 30 t 60 days in jail (up t 1 year if BAC 0.15 r abve) License Suspensin: 90 days t 2 years driver s license suspensin (after 30 days the curt may stay executin f suspensin and grant prbatinary restricted driving privileges either with r withut an ignitin interlck fr 180 days instead) Ignitin Interlck: pssible ignitin interlck restrictin fr a perid nt t exceed the maximum term f imprisnment the curt culd have impsed Pssible alchl/drug abuse assessment and apprpriate treatment May be required t attend a victim impact panel Indiana SR22 insurance requirement Secnd OWI (Class D Felny) Fine: up t $10,000 fine Jail: between 5 days and 3 years in jail License Suspensin: 180 days t 2 years driver s license suspensin (prbatinary ignitin interlck restricted driving privileges may be available after 180 days suspensin) Ignitin Interlck: pssible ignitin interlck restrictin fr a perid nt t exceed the maximum term f imprisnment the curt culd have impsed 10

11 Mandatry 180 hurs cmmunity service r restitutin Pssible alchl/drug abuse assessment and apprpriate treatment May be required t attend a victim impact panel Indiana SR22 insurance requirement Third OWI (Class D Felny) Fine: up t $10,000 fine Jail: between 10 days and 3 years in jail License Suspensin: 1 year t 10 years driver s license suspensin Ignitin Interlck: pssible ignitin interlck restrictin fr a perid nt t exceed the maximum term f imprisnment the curt culd have impsed Mandatry 360 hurs cmmunity service r restitutin alchl/drug abuse assessment and apprpriate treatment May be required t attend a victim impact panel May be declared as habitual vilatr (If yu are charged and sentenced as a habitual substance ffender, yu may be imprisned fr an additinal 1 t 8 years in jail) Indiana SR22 insurance requirement Penalties fr refusing t submit t a chemical test in Indiana It is an ffense t refuse t submit t a chemical test in Indiana and implied cnsent laws are enfrced. If the accused refuses t take a chemical test f their bld, breath r urine, their driver s license will be suspended/revked. In additin t any ther penalty impsed, the curt shall suspend the persn s driving privileges: First Chemical Test Refusal License Suspensin: 1 year driver s license suspensin Indiana SR22 insurance requirement Secnd (and subsequent) Chemical Test Refusal License Suspensin: 2 years driver s license suspensin Indiana SR22 insurance requirement Drug Penalties (Marijuana) Pssessin Any amunt 180 days in jail Up t $1,000 fine Less than 30g and prir drug ffense 1 year in jail Up t $5,000 fine 30g r mre and prir drug ffense 6 mnths 2 ½ years in jail Sale r Cultivatin Less than 30g 1 year in jail Up t $5,000 fine 30g less than 10lbs 11

12 6 mnths 2 ½ years in jail 10lbs r mre 1-6 years in jail T a minr 1 6 years in jail State f Kentucky Legal Sanctins fr Vilatins f a Cntrlled Substance/Alchl Driving Under the Influence (DUI) Penalties Under Kentucky law, it is illegal fr anyne t perate a vehicle with a Bld Alchl Cntent (BAC) f.08 r higher. It is als illegal fr anyne under 21 t perate a vehicle with a BAC f.02 r higher. First Cnvictin Penalties 2-30 days jail time 4-30 days fr an aggravated DUI $200-$500 fine days license suspensin 90 days f an Alchl r Drug treatment prgram 48 hurs-30 days cmmunity service Secnd Cnvictin Penalties 7 days-6 mnths jail time 14 days-6 mnths fr an aggravated DUI $350-$500 fine mnths license suspensin 1 year in an alchl r drug treatment prgram 10 days-6 mnths cmmunity service Third Cnvictin Penalties 30 days-12 mnths jail time 60 days-12 mnths fr an aggravated DUI $500-$1,000 fine 30 Days-12 Mnths Jail 2-3 years license suspensin 1 year in an alchl r drug treatment prgram 10 days-1 year cmmunity service Furth Cnvictin Penalties Felny ffense Minimum 120 days in jail Minimum 240 days fr an aggravated DUI $500-$1,000 fine 5 years license suspensin Aggravated DUI Circumstances Driving 30 mph ver speed limit 12

13 Driving the wrng way n limited access highway Causing an accident that results in injury r death Alchl level.18 r mre DUI test refusal Passengers under the age f 12 Refusal t Submit t Chemical Testing First ffense day license revcatin 2 days jail time 4 if aggravating circumstances are present If cnvicted f DUI after refusing t take test, jail penalty is dubled Secnd ffense 1 1 ½ year license revcatin 7 days jail time If cnvicted f DUI after refusing t take test, jail penalty is dubled Third ffense 2-3 years license revcatin 30 days jail time If cnvicted f DUI after refusing t take test, jail penalty is dubled Drug Penalties (Marijuana) Pssessin 8 unces r less Up t 45 days in jail Up t $250 fine Sale r Trafficking Less than 8 unces (First Offense) Up t 1 year in jail Up t $500 fine Less than 8 unces (Subsequent Offenses) Up t 1-5 years in jail 8 unces-5 punds 1-5 years in jail 8 unces-5 punds 5-10 years in jail 13

14 State f Luisiana Legal Sanctins fr Vilatins f a Cntrlled Substance/Alchl Driving Under the Influence (DUI) Penalties Under Luisiana law, it is illegal fr anyne t perate a vehicle with a Bld Alchl Cntent (BAC) f.08 r higher. It is als illegal fr anyne under 21 t perate a vehicle with a BAC f.02 r higher. First Offense (Misdemeanr) Administrative Penalties Driving privileges suspended fr up t 1 year. Driver's license reinstatement fee: $100 Prf f financial respnsibility fr 3 years after date f cnvictin 32 hurs cmmunity service Substance abuse evaluatin Driver imprvement schl 90 day license suspensin Criminal Penalties Up t 6 mnths in jail. Fined up t $1,000, in additin t curt csts Secnd Offense (Misdemeanr) Administrative Penalties Driving privileges suspended fr up t 2 years. Driver's license reinstatement fee: $200 Prf f financial respnsibility fr 3 years after date f cnvictin $750-$1,000 fine 240 hurs cmmunity service Substance abuse evaluatin Driver imprvement schl 1 year license suspensin Criminal Penalties Mandatry 48 hurs in jail. Up t 6 mnths f additinal jail time. Fined up t $1,000, in additin t curt csts Secnd Offense (Felny) When prir cnvictin is fr vehicular hmicide r 1 st degree vehicular injuring $2,000 fine 1-5 years jail (all but 6 mnths can be suspended) 240 hurs cmmunity service Substance abuse evaluatin Driver imprvement schl 1 year license suspensin Third Offense (Misdemeanr) Administrative Penalties Driving privileges suspended fr up t 3 years. Driver's license reinstatement fee: $300 Prf f financial respnsibility fr 3 years after date f cnvictin Third Offense (Felny) $2,000 fine 1-5 years in jail (all but 6 mnths can be suspended) Substance abuse evaluatin 14

15 Driver imprvement schl Mandatry seizure and sale f the vehicle being perated at time f arrest Prceeds frfeited t the State 2 years license suspensin Pssible hme cnfinement. Pssible lss f vehicle. 4 weeks in an inpatient substance abuse prgram, and anther 4 weeks in an utpatient substance abuse prgram Furth Offense (Felny) $5,000 fine years in jail (all but 2 years can be suspended) Mandatry seizure and sale f the vehicle being perated at the time f arrest Prceeds frfeited t the State 2 years license suspensin Vehicular Hmicide Killing a human being while perating a mtr vehicle, watercraft, etc. while under the influence f alchl $15,000 fine 5-30 years in prisn Substance abuse evaluatin Driver imprvement schl Vehicular Negligent Injuring Injuring a persn by perating a mtr vehicle, watercraft, etc. under the influence f alchl $1,000 fine 6 mnths in prisn Or a cmbinatin f bth 90 days license suspensin 180 days license suspensin if under 21 Child Endangerment Law DUI when a child 12 r under was a passenger in the vehicle First ffense 30 days in jail Secnd ffense 30 days in jail Perfrm thirty eight-hur days f curt-apprved cmmunity service activities Cmplete a curt-mnitred dmestic abuse interventin prgram Third ffense 1 5 year in jail with r withut hard labr $2000 fine Furth ffense years in jail with hard labr $5000 fine Underage DUI A persn under the age f 21 cannt perate a vehicle with a BAC f 0.02% r ver First ffense misdemeanr Maximum $1000 fine 2 days 6 mnth f imprisnment 90 day license suspensin Substance abuse evaluatin & Driver imprvement schl Secnd ffense misdemeanr 15

16 $1000 fine 30 days-6 mnths in jail (all may be suspended) 1 year license suspensin 80 hurs cmmunity service Substance abuse evaluatin and Driver imprvement schl Anyne under the age f 21 wh has a BAC f 0.08% r higher is charged under regular DUI statute Other Alchl Related Laws False Identificatin Using a fake ID t gain entry t a bar, liqur stre, etc. t purchase alchl $200 fine 30 hurs f cmmunity service r 90 day driver s license suspensin Unlawful Purchase f Alchl by Persns n Behalf f Persns under 21 Purchasing alchl fr smene wh is under 21 and yu are nt that persn s spuse, parent, r legal guardian $500 fine Up t 30 days in prisn Or bth Public Pssessin f Alchlic Beverages by Persns under 21 $100 fine Up t 6 mnths in prisn 180 day driver s license suspensin Unlawful Cnsumptin f Alchlic Beverages by Persns under 21 Cnsuming any alchlic beverage withut the knwledge, presence, and cnsent f a parent r guardian $300 fine Up t 6 mnths in prisn Pssessin f Alchl in Mtr Vehicles Open alchlic beverage in car by driver r passengers $100 fine Lss f driver s license Refusal t Submit t Chemical Testing Refusing t take a chemical test while under arrest fr perating a vehicle while intxicated First Offense and Secnd Offense 6 mnth license revcatin Third ffense 2 days minimum in Jail $300-$1,000 fine 10 days-6 mnths in prisn Drug Penalties (Marijuana) Pssessin Less than 60 punds (First Offense) Up t 6 mnths in jail Up t $500 fine Less than 60 punds (Secnd Offense) Up t 5 years in jail Up t $2,000 fine 16

17 Less than 60 punds (Subsequent Offenses) Up t 20 years in jail Up t $5,000 fine Penalties fr ver 60 punds but less than 2000 punds : years in jail Over 2000 punds but less than punds : years in jail Over punds : years Distributin r Cultivatin Any Amunt (First Offense) - Any amunt 5-30 years in jail Up t $50,000 fine - T a minr 5 45 years in jail Up t $100,000 Any Amunt (Subsequent Offense) - Any amunt years in jail Up t $100,000 fine - T a minr years in jail Up t $200,000 Miscellaneus Pssessin, distributin, r cultivatin f marijuana within 2,000 feet f a drug free zne is punishable by 1.5 times the maximum sentence Staying in a public place with the purpse t distribute marijuana is a crime punishable by a fine f $100-$1,000, and/r up t 6 mnths in jail, and/r 120 hurs f cmmunity service State f Michigan Legal Sanctins Operating While Intxicated (OWI) Penalties Operating With Any Presence f a Schedule 1 Drug r Ccaine (OWPD) Determined t have even a trace f drugs in bdy as a result f chemical testing Operating While Intxicated (OWI) Under Michigan law, it is illegal fr anyne t perate a vehicle with a Bld Alchl Cntent (BAC) f.08 r higher. It is als illegal fr anyne under 21 t perate a vehicle with a BAC f.02 r higher. First Offense OWI r OWPD $100-$500 fine Up t 93 days in jail Vehicle immbilizatin pssible Ignitin interlck device pssible 6 pints added t driving recrd Up t 6 mnths f License suspensin Driver respnsibility fees 17

18 $1,000 fr 2 cnsecutive years fr OWI $500 fr 2 cnsecutive years fr OWPD Secnd Offense OWI Within 7 years f first ffense $200-$1,000 fine 5 days-1 year in jail days cmmunity service Driver s license revcatin and denial fr a minimum f 1 year Minimum f 5 years if there was a prir revcatin within 7 years License plate cnfiscatin Vehicle immbilizatin fr days Pssible vehicle frfeiture Ignitin interlck device 6 pints added t driving recrd Driver respnsibility fee f $1,000 fr 2 cnsecutive years Third Offense OWI Within lifetime f ther ffenses $200-$1,000 fine 30days - 5 years imprisnment Prbatin with 30 days-1 year in jail days cmmunity service Driver s license revcatin and denial fr a minimum f 1 year Minimum f 5 years if there was a prir revcatin within 7 years License plate cnfiscatin Vehicle immbilizatin fr 1-3 years Pssible vehicle frfeiture Vehicle registratin denial 6 pints added t driving recrd Driver respnsibility fee f $1,000 fr 2 cnsecutive years OWI with BAC f.17 r higher Up t 180 days in jail Up t $700 fine Up t 360 hurs f cmmunity service Driver s license suspensin fr 1 year Eligible fr restrictins after 45 days if an ignitin interlck device is installed n all vehicles Pssible license plate cnfiscatin Vehicle immbilizatin 6 pints added t driving recrd Driver respnsibility fee f $1,000 fr 2 cnsecutive years Operating While Visibly Impaired (OWVI) Ability t perate a mtr vehicle was visibly impaired because f alchl r drugs First Offense OWVI Up t a $300 fine Up t 93 days in jail Up t 360 hurs f cmmunity service Driver s license restrictins fr 90 days 180 days if impaired by a cntrlled substance Pssible vehicle immbilizatin 18

19 4 pints added t driving recrd Driver respnsibility fee f $500 fr 2 cnsecutive years Secnd Offense OWVI $200-$1,000 fine 5 days-1year in jail days f cmmunity service Driver s license revcatin and denial fr a minimum f 1 year Minimum f 5 years if there was a prir revcatin within 7 years License plate cnfiscatin Vehicle immbilizatin fr days Pssible vehicle frfeiture 4 pints added t driving recrd Driver respnsibility fee f $500 fr 2 cnsecutive years Third Offense OWVI $500-$5,000 fine 1-5 years imprisnment Prbatin with 30 days-1 year in jail days cmmunity service Driver s license revcatin fr a minimum f 1 year Minimum f 5 years if there was a prir revcatin within 7 years License plate cnfiscatin Vehicle immbilizatin fr 1-3 years Pssible vehicle frfeiture Vehicle registratin denial 4 pints added t driving recrd Driver respnsibility fee f $500 fr 2 cnsecutive years First Offense: Cause f Death r Serius Injury OWI, OWVI, r OWPD Death: Up t 15 years imprisnment $2,500-$10,000 fine Injury: Up t 5 years imprisnment $1,000-$5,000 fine Emergency Respnder Death: Up t 20 years imprisnment $2,500-$10,000 fine Driver s license revcatin and denial fr a minimum f 1 year Minimum f 5 years if there was a prir revcatin within 7 years License plate cnfiscatin Vehicle immbilizatin fr up t 180 days Pssible vehicle frfeiture 6 pints added t driving recrd Driver respnsibility fee f $1,000 fr 2 cnsecutive years Prperty damage penalty $500 fine 360 hur cmmunity service 93 days f imprisnment 30 day suspensin f driver s license fllwed by 150 days f license restrictins 6 pints n yur Michigan state driving recrd Driver Respnsibility fee f $1,000 fr 2 cnsecutive years 19

20 Secnd Offense: Cause f Death r Serius Injury OWI, OWVI, r OWPD Death: Up t 15 years imprisnment $2,500-$10,000 fine Injury: Up t 5 years imprisnment $1,000-$5,000 fine Emergency Respnder Death: Up t 20 years imprisnment $2,500-$10,000 fine Driver s license revcatin and denial fr a minimum f 1 year Minimum f 5 years if there was a prir revcatin within 7 years License plate cnfiscatin Vehicle immbilizatin fr 180 days Vehicle frfeiture 6 pints added t driving recrd Driver respnsibility fee f $1,000 fr 2 cnsecutive years Open Intxicants in a Vehicle Up t $100 fine First ffense: N actin taken against driver s license Secnd ffense: Third ffense: Driver s license is suspended fr 30 days Restricted fr 60 days fllwing suspensin Driver s license is suspended fr 60 days Restricted fr 305 days fllwing suspensin Alchl screening may be required Pints added t driving recrd Refusal t Submit t Chemical Testing Refusal t take tests 1 st ffense : 1 year license suspensin 2 nd ffense : 2 year license suspensin 3 rd ffense : 5 year license suspensin Preliminary Breath Test (PBT) $150 fine If under 21 receive adds 2 pints t driving recrd Under 21 Alchl Laws Zer Tlerance (Under Age 21) BAC f 0.02% % First ffense: Up t $250 fine Up t 15 days f cmmunity service 93 day imprisnment Driver s license restricted fr 30 days 6 mnths 4 pints n driving recrd Driver respnsibility fee f $500 fr 2 cnsecutive years Secnd ffense: Up t $500 fine 20

21 Up t 60 days cmmunity service 5 days 1 year in jail Driver s license suspensin fr 90 days If prir cnvictin, revcatin and denial fr a minimum f 1 year 4 pints added t driving recrd Driver respnsibility fee f $500 fr 2 cnsecutive years Persn under 21 Purchase/Cnsume/Pssess Alchl First ffense: $100 fine Secnd ffense: $200 fine Driver s license suspended fr 30 days Restricted fr 60 days after suspensin Third ffense: $500 fine Driver s license suspended fr 60 days Restricted fr 305 days after suspensin Alchl screening may be required Cmmunity service may be required Persn under 21 Transprting r Pssessing Alchl in a Mtr Vehicle Up t $100 fine Driver s license sanctins: First ffense n driver s license sanctin Secnd ffense driver s license suspensin fr 30 days Restricted fr 60 days after suspensin Third ffense driver s license suspensin fr 60 days Restricted fr 305 days after suspensin Alchl screening may be required Cmmunity service may be required Vehicle may be impunded fr up t 30 days 2 pints added t driving recrd Using Fraudulent ID t Purchase Alchl Up t $1000 fine Up t 90 days in jail Driver s license suspended fr 90 days Alchl screening may be required Drug Penalties (Marijuana) Pssessin Any amunt Up t 1 year in jail Up t $2,000 fine In a Park r Felny Up t 2 years in jail Up t $2,000 fine 21

22 Use Up t 90 days in jail Up t $100 fine Sale Sale withut remuneratin Up t 1 year in jail Up t $1,000 fine Less than 5 kilgrams Up t 4 years in jail Up t $20,000 fine 5-45 kilgrams Up t 7 years in jail Up t $500,000 fine 45 kilgrams r mre Up t 15 years in jail Up t $10,000,000 fine Cultivatin Less than 20 plants Up t 4 years in jail Up t $20,000 fine Less than 20 plants Up t 7 years in jail Up t $500,000 fine Less than 20 plants Up t 15 years in jail Up t $10,000,000 fine Paraphernalia Sale f Paraphernalia Up t 90 days in jail Up t $5,000 fine Miscellaneus Any cnvictin will result in a driver s license suspensin fr 6 mnths In Ann Arbr there will be a maximum fine f $100 22

23 State f Texas Legal Sanctins fr Vilatins f a Cntrlled Substance/Alchl Texas Driving Under the Influence (DUI) Penalties Under Texas law, it is illegal fr anyne t perate a vehicle with a Bld Alchl Cntent (BAC) f.08 r higher. It is als illegal fr anyne under 21 t perate a vehicle with a BAC f.02 r higher. First Offense (Misdemeanr) Up t $2,000 fine 72 hurs-6 mnths in jail 90 days-1 year license suspensin Pssible ignitin interlck restrictin Annual fee f $1,000 fr 3 years t retain driver s license First Offense (If BAC is.15 r mre) Up t $4,000 fine Up t 1 year in jail Annual fee f $2,000 fr 3 years t retain driver s license Secnd Offense (Misdemeanr) Up t $4,000 fine 30 days-1 year in jail 1-2 year license suspensin Pssible ignitin interlck restrictin Annual fee f $1,500 fr 3 years t retain driver s license Third / Subsequent Offense (Felny) 2-10 years in jail 2 year license suspensin Pssible ignitin interlck restrictin Annual fee f $2,000 fr 3 years t retain driver s license Driving With a Child Felny with immediate license suspensin 2 years in jail Up t $10,000 fine Refusal t Submit t Chemical Testing First ffense: 6 mnth driver s license suspensin Secnd ffense: 2 years driver s license suspensin Under 21 Alchl Laws Zer Tlerance DUI 23

24 Up t $500 fine 8-40 hurs f cmmunity service day driver s license suspensin Alchl awareness classes Zer Tlerance DUI (BAC.08 r higher) Get same DUI penalties as adults, as well as thse fr underage drinking Drug Penalties (Marijuana) Pssessin 2 unces r less Up t 180 days in jail Up t $2,000 fine 2-4 unces Up t 1 year in jail Up t $4,000 fine 4 unces-5 punds 180 days-2 years in jail 5-50 punds 2-10 years in jail punds 2-20 years in jail Mre than 2000 punds 5 99 years in jail Up t $50,000 fine Sale r Cultivatin 7 grams r less fr n remuneratin Up t 180 days in jail Up t $2,000 fine 7 grams r less Up t 1 year in jail Up t $4,000 fine 7 grams t 5 punds 24

25 180 days - 2 years in jail 4 unces-5 punds 180 days-2 years in jail 5-50 punds 2-20 years in jail punds 5-99 years in jail Mre than 2000 punds years in jail T a minr 2 20 years in jail Up t $100,000 fine Paraphernalia Pssessin f Paraphernalia Up t $500 fine Miscellaneus Falsifying a drug test Up t 180 days in jail Up t $2,000 fine 25