The point system is one of the penalties that can be issued for those that are convicted of drinking and driving. The amount of points will be dependent on the crime or your past criminal history. Points are issued in increments of two, three, four and six. For those accused of a higher crime, the points issued will be higher on the scale as well. Individuals that are found with an open container of alcohol in their car may have two points issued on the license. For those that are under the legal drinking age of 21, being found with any alcohol in your system can leave you facing four points. Operating while visibly impaired can lead to four points as well. If you are found with a blood alcohol content (BAC) at .08 or higher, or are found driving under the influence of drugs or liquor, you can deal with six points against your license.
Six points can also be issued to those that refuse to take a chemical test. This is in line with the implied consent law of the state. Even if it is only your first incident you can still sustain the highest amount of points. A first time conviction for operating while intoxicated will come with six points and a second conviction within a period of seven years could lead to another six points. Each case differs and it is best to have yours directly reviewed by a professional. Points will be on your record for two years from the day of the conviction. If up to 12 points are sustained then your license can be suspended. This will be on top of the license suspension that may already come with a conviction for drinking and driving. You can seek the option of having the points on your license removed by taking a Basic Driver Improvement Course.
There are a number of penalties that you can face if you are convicted but the burden of proof will fall on the shoulders of the prosecution. In criminal allegations for operating while intoxicated, the burden of proof will involve demonstrating without any room for reasonable doubt that you were operating the vehicle and you were under the influence of drugs or alcohol, which affected your ability to drive. You can also be charged for operating while visibly impaired and in these cases the burden of proof will involve showing that you were driving the vehicle and that the alcohol in your system influenced your ability to do so. In charges for unlawful bodily alcohol content/level it will be necessary to demonstrate that you were operating the vehicle and that you BAC level was at or above .08 percent at the time. Fill out a free case evaluation form on the site and we will be able to provide further insight to your case.