A DICTIONARY OF LAW

Wednesday, April 8, 2009

Old-Fashioned DUI & Liquor Legislation Repealed in Utah

Every state gets to choose the components of its own criminal code, although some alcohol-related laws have federal roots. For instance, every state raised its legal drinking age to 21 and lowered the blood alcohol content at which a driver is presumed impaired to 0.08 percent at federal urging through strings attached to highway funding, according to Fort Lauderdale DUI lawyer William Moore. Utah, however, has some particularly stringent laws, which have gone hand in hand which the voter’s comparatively strict views of alcohol consumption. The state has elected to change some of its laws recently, however, in light of new times and the troubled economy.

One of the more famous relics of drinking in Utah is the so-called Zion Curtain, a piece of green fabric that serves as a partition between the bar, where drinks are poured and mixed, and the eating area in restaurants. That requirement, along with many others, will be lifted in May of this year. The requirement that establishments that sell liquor must operate as private clubs – with membership fees – will also be dropped. Tourism advocates in the state believe the harsh liquor laws are stunting potential funds. Broward DUI lawyer Moore agrees that the legislation could stave off carefree vacationers. Each individual bar requires a membership, so even locals are unlikely to go bar-hopping on the weekends, and a membership is required to go into the bar – not just to drink. A one-year membership at a Utah bar costs a minimum of $12. Nonetheless, there are ways to bring in guests with a temporary membership, so locals and tourists alike frequently share temporary three-week memberships.

Utah currently brings in about $6 billion annually from tourism, leading the proponents of lifting the liquor restrictions to believe that the changes could raise the profits or at least maintain them during tough economic times. Alcohol policy in Utah has typically been more conservative than in other U.S. states, including neighboring Western party destination Nevada. Nonetheless, tourists are attracted to Salt Lake City and the scenic national parks in the state. Perhaps the largest attraction is the Sundance Film Festival, hosted annually in Park City, Utah.

Florida’s tourism industry is about 10 times larger than Utah’s, at close to $60 billion. The state’s reputation as a beach vacation spot and a great party destination for spring break have fueled the tourism and hospitality industries. Beachside bars and restaurants, in particular, reap the benefits of the travelers in the spring months, as well as the part-time residents during the winter. Florida alcohol policy is currently in line with national trends, with comparable DUI laws and liquor sales requirements.

The Role of Alcoholism in DUIs

Alcoholism is frequently described as both a disease and an addiction. Alcoholics continue drinking, despite the often intensely negative consequences: convictions for driving under the influence, loss of employment, and estrangement from family members. For some, even becoming homeless is not enough to make them quit drinking, although the degree of consequences – and what constitutes “rock bottom” – varies significantly from one alcoholic to another.

The fact that a person is charged with driving under the influence of alcohol does not mean that he or she is an alcoholic, according to Broward DUI lawyer William Moore.. If the charges are correct and the person is subsequently convicted, the court will frequently order the defendant to complete DUI school and alcohol abuse treatment. Unfortunately, Broward DUI attorney Moore has found that many families of DUI defendants become alarmed and assume that a DUI arrest necessarily means that the defendant was an alcoholic – even if he had previously gone undetected. In reality, driving under the influence of alcohol can be a symptom of alcoholism, but a single DUI does not mean that the driver has an ongoing problem with alcohol. It can also mean that the person made an error. It is fairly common for first-time DUI defendants never to have another criminal problem again.

Symptoms of alcoholism vary. Some people becoming “functioning alcoholics,” where they continue with their employment and present a healthy face to the outside world. For others, their lives obviously deteriorate, and they may have many arrests – DUIs, public intoxication, and other matters stemming from the abuse. Long-term alcoholism can result In deteriorating mental condition, including alcohol-related dementia. In fact, alcoholism is the second-highest cause of dementia. Alcohol is also tied to major depression and certain forms of psychosis. From a social standpoint, divorce is a common effect, as alcoholics frequently have difficulty maintaining their marriages. Loss of employment is another serious problem alcoholics fact. In the same vein, homelessness is frequently associated with substance abuse (in addition to factors such as mental illness). One of the worst problems with alcohol abuse for women is the possibility of fetal alcohol syndrome as a result of alcohol consumption during pregnancy, which can cause significant physical and mental defects. Despite these problems, Fort Lauderdale DUI lawyer

William Moore believes that many DUIs are not the result of long-term alcohol abuse.