How Much is Too Much?

By Jonathan Stone

One frequently asked question is how many drinks does it take to put someone over the legally admissible blood alcohol content (BAC) for driving.  This is a very complicated question as there are many factors that come into play.  These can include your body type, weight, sex, the time period over which you imbibed your drinks, etc.  Of course, the simplest and most obvious answer to this question is to never ever drink and drive and you won’t have a problem.  This article and its author admonishes you to you never drink and drive and always have a designated driver whenever ANY alcohol is being consumed.  You will be safer by doing so, and so will those who share the roads with you.  If you have been arrested for DUI or a similar charge, you need to find the best DUI lawyer you can find to help defend you.

However, to answer the question, we’ll offer some thoughts here.  Remember, this is certainly not an exact science, but there are some rules of thumb that might aid you in determining whether you are likely to be over the limit.

In all states, the legal limit is .08 BAC. In general, a 100 lb. person can ingest ONE serving of alcohol (a 12 oz beer, 1oz of 100 proof liquor, etc) before reaching this legal limit.  Some will be over the limit with just one, and others will go over the limit (and even over the .1 limit of other states) with only two servings of alcohol.

While this may seem pretty steep, remember that most people are not 100 lbs, and the math changes for those who weigh more.  For example, a man weighing approximately 160-165 pounds can generally have about three servings of alcohol before going over the legal BAC level.  Most people at this weight are still under the legal limit and can drive.  The rule of thumb that is easiest to remember if you are an average sized adult is that if you have had three drinks within a short period of time, you are probably still under the limit, but fast approaching it.

But this is still simply a rule of thumb.  Other factors such as medications, general fatigue, health conditions, and amount and kind of food ingested recently can all have significant effects on BAC.  Again, this article is not meant to endorse drinking and driving of any kind, even when under the legally permissible BAC limit.  Having a designated driver is always the safest and best alternative.  If you have been arrested for DUI in Maryland, you can find good information and find a baltimore dui lawyer.

Jonathan Stone is an expert on the practical implications of criminal law. He lives in the Baltimore, Maryland metro area and writes articles for information hubs such as BaltimoreDUIlawyers.org and Virginia DUI Lawyer Virginia Blog..

Drunk Driving Statistics and You

By Joseph Devine -

Driving while drunk is a serious mistake that can have severe consequences. Each time you get behind the wheel while intoxicated, you put yourself, your passengers, and other road users at risk of being involved in a serious accident. You also risk being stopped by police and arrested for driving while intoxicated. If convicted, your punishment may include suspension of your driver’s license, heavy fines, probation or jail time, and community service.

Alcohol-Related Crash Deaths

Despite the heavy penalties for drunk driving, many people still choose to get in the car while drunk. Each year thousands of people are killed in alcohol related accidents across the country. A report by the organization End Needless Death on Our Roadways found that, in several states, alcohol related road deaths accounted for 40 percent or more of all road deaths each year. The state with the highest alcohol related death rate was Rhode Island, with a whopping 55% of all traffic deaths involving alcohol. Rhode Island’s alcohol-related death rate has remained higher than the national average since 1982. The percentage of traffic deaths involving alcohol in Rhode Island has been calculated between 45% and 67% each year, much higher than the national average of 30%.

It Could Be You

The National Highway Traffic Safety Administration (NHTSA) estimates that on average a person dies in an alcohol-related accident every 30 minutes. Even more alarming is the fact that impaired driving will affect one-third of Americans at some point in their lifetime, either by being a drunk driver, riding with a drunk driver, or being involved in an accident with an impaired driver. In 2002 alone, 17,419 people were killed in alcohol-related crashes in the U.S.

If you are drunk, don’t even risk getting the car. In many states, even just sitting in a parked car while drunk can result in an Operating Under the Influence (OUI) charge. Even if you just feel tipsy, wait until you are sober to drive or call a friend or taxi, or take the bus, bike, or walk home if possible. Don’t rely on a drunk friend to take you home, even if they say that they are okay to drive. If they have been drinking right alongside you, chances are they are still drunk too. Getting behind the wheel while drunk is not worth the risk of being arrested for a DUI, and it certainly isn’t worth the risk to your life or someone else’s.

For More Information

If you or someone you know has been arrested for drunk driving, consider contacting a DUI defense lawyer immediately to help you with your case. To learn more about drunk driving charges and preparing for court, please visit the website of experienced Rhode Island DUI defense attorney James Powderly today.

Joseph Devine

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DUI Penalties – Do We Need to Be Harsher?

By Wayne A. Campbell -

Even as DUI penalties become more harsh, people still drink and drive. Is the answer really stricter penalties when faced with the facts? Or should we take a different approach?

According to an official government pamphlet put out by the Province of Ontario, “there are about 13,000 drinking and driving convictions recorded annually in Ontario.” This number does not take into consideration the number of drunk drivers that are not caught, or, who are caught and manage to get off the charges. According to the Province of Ontario, the majority of the 13,000 annual convictions are first time offenders – perhaps they’ve driven impaired before, but have never been caught. Or perhaps one night, their judgment about their own impairment was – well – impaired and the did something they never thought they would do.

Are harsh penalties truly the answer? Penalties that will wreak financial ruin on many, making them unable to work and earn an income? Or is there a better way to prevent drunk driving in the first place?

Drunk driving is an interesting criminal offense in the sense that it’s an illegal offense often without intent. In other criminal matters, the fact that someone was under the influence of alcohol is taken into consideration with regard to intent. The more alcohol a person may consume prior to engaging in a criminal activity is compared to the intent of a person who was sober and calculating before they committed the offense. It’s recognized that alcohol can be a mitigating factor in determining intent.

Yet, driving while impaired, there is no consideration that a person’s judgment may have been impaired; simply having an impaired judgment and then getting behind the wheel is a criminal offense in most jurisdictions.

Why not prevent it in the first place by making ignition interlocks mandatory in all vehicles? That way, the vehicle cannot be started unless a sober person blows into the ignition interlock prior to the vehicle being started. Years ago, there was a huge outcry from many circles when seatbelt laws came into effect, but for the sake of the greater good, and the fact that seatbelts saved lives, eventually seatbelt laws and safety requirements around seatbelt laws have become to be accepted. So why not legislate that all vehicles also have an additional safety mechanism – an ignition interlock – to ensure the driver is sober?

It may not solve totally the problem of impaired or DUI driving, but if it substantially cuts down on the problem, then isn’t worthwhile?

In the meantime, read my story, and how I wished I had my own personal breathalyzer before I got into my vehicle – not only could I have been prevented from causing major property damage, but also wouldn’t have to endure the dui penalties imposed in Ontario.

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First Offense DUI’s

By James Witherspoon -

When you are given a citation for a first offense DUI in many states, the penalties for the offense can range greatly based on a number of factors that may influence the judge in charge of your case. Multiple DUI citations are much stricter and more severe.

The main factor that influences the penalties for a DUI is the accused’s Blood Alcohol Content or BAC. The potential penalties for a first offense DUI are increasingly extreme depending on which tier your BAC fell into.

First offense DUI penalties typically fall into three categories. These categories and their accompanying penalties are:

BAC .08-.10

• A fine ranging from $100-$300
• 10-60 hours of community service
• And/or imprisonment for up to one year
• License suspension for 30-180 days
• Required attendance at a course on driving while intoxicated

BAC .10-.15

• A fine ranging from $100-$400
• 10-60 hours of community service
• And/or imprisonment for up to one yea4
• License suspension for 3-12 months
• Required attendance at a course on driving while intoxicated

BAC .15 +

• $500 fine
• 20-60 hours of community service
• And/or imprisonment for up to one year
• License suspension for 3-18 months
• Required attendance at a course on driving while intoxicated

There is a great deal of leeway with the penalties of this type of DUI. It is important to get an idea of what may impact the judge in charge of your case. Every judge is different, but it is possible to improve your chances of avoiding a harsh sentencing by getting the help of a professional.

James Witherspoon
To find out more about first offense DUIs and the things that you can do to improve your case, visit the website of the Rhode Island DUI defense attorneys at the Powderly Law Firm today.

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What Are the Most Common DUI Penalties?

By Hillary Scott Wallace -

DUI was in the spotlight last year as some young Hollywood celebrities were arrested, fined and even jailed for drunk driving. Even if DUI is not a major offense, the damages and dangers it could have brought to the driver and to other people on the road is life changing. However, one cannot avoid making a lapse in judgment once in a while. What can DUI penalties should you expect if you’re case is not resolved favorably? Here are a few scenarios.

In order to get the full scope of laws and penalties regarding drunk driving read the Driver’s Manual provided by the local Department of Motor Vehicles. DUI penalties vary from state to state and from the graveness of the penalty. For first offenders, expect a license suspension or restriction and a fine. Expect to pay quiet a large sum of money since the fine will cost about hundreds to thousands of dollars. Plus, there is a cost to getting your licensing back. At some states the arresting officer are allowed to retain your license until you pay the imposed fine. First offenders are also order to do forced community service and to attend DUI classes.

DUI penalties for second and repeat offenders are the same. However, the fines and the provisions for the restrictions are much harsher. Offenders may be prohibited from the driving the streets within the territory for a given period of time. The driving license may be restricted or revoked depending on the graveness of the offense. There is also the possibility of a jail sentence. The term will depend on how grave the DUI offense is. Offenders are also required to do community service and to attend DUI classes, albeit for a longer period of time.

However, the DUI penalties imposed by law are not only repercussion for drunk driving. There is a possibility that your insurance premium may go higher or may even be cancelled. Some insurance company may even refuse to approve your application. Mobility is also limited due to the restrictions and prohibitions of the penalties. Plus, attending DUI classes and doing community service may eat up your leisure time. There is also a possibility of a reprimand from your employer. If the offense is grave, some companies may consider firing an employee. Applying for a new job can also be a challenge since the DUI case will be in your record.

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DUI and DWI Part 1 – Booking, Arrest, and Bai

By Ken LaMance

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ARREST

An “arrest” in strict legal terms occurs when a person has been placed under police custody and no long feels they have the freedom to move around or leave the area. An arrest occurs when you are under the authority of the officer. Therefore, an arrest has occurred if you are handcuffed or if you are placed in the back of the police car; but it also could have occurred without the use of any physical restraints at all. If the officer tells you that you are under arrest and at that moment you feel you cannot leave the area, legally speaking, you are in fact under arrest, even without those restraints.

Once the police officer pulls you over he can arrest you if he actually observed you committing a crime, if he has probable cause to believe that you committed a crime or if he has a warrant for your arrest.

Officers will pull over drivers on suspicion of DUI/DWI when they observe that person driving erratically, but these arrests also occur when an officer pulls people over for speeding, expired registration tags, broken headlights/taillights. Some arrests occur after unfortunate accidents or at sobriety roadblocks or check points.

Once the officer has pulled you over, he will often administer a breathalyzer test or have you conduct some “field sobriety tests.” If you blow a.08% blood alcohol level or above, most state laws consider this result sufficient cause for arrest. If you blow below a.08% blood alcohol level you may still be arrested if the officer suspects that you are so under the influence that your ability to drive is impaired. (If the officers do not have breathalyzers, they may issue a test via urine or blood sample once they take you to the police station for booking.)

Some officers are not equipped with breathalyzers and conduct a variety of “field sobriety tests” that they have been trained to administer. These tests include things like walking a straight line or standing on one foot. These tests are not designed to humiliate you, but to determine whether you are fit to drive.

If you think that your arrest was not properly conducted, it could be that the procedure was done unlawfully.

BOOKING

Once you have been arrested on suspicion of DUI or DWI the officer will take you to a central location where you will be “booked.” Booking is an administrative process during which the police officer will record specific information and perform other administrative tasks.

These administrative tasks include:

• Recording the suspect’s personal information
• Recording the facts and circumstances of the suspect’s alleged crime
• Searching for and records any information on the suspect’s possible past criminal activities
• Photographing and fingerprinting the suspect
• Searching the suspect, confiscating any personal property (i.e. wallets, purses, jewelry, keys, etc.) and inventorying it for return upon the suspect’s release
• Placing suspect in holding cell at the police station or in a local jail where they will be held unless they are released on bail

BAIL

This process is generally available for those who wish to pay money in order to be released from custody. As a requirement of your release you must promise to appear for all scheduled court proceedings; this includes your arraignment, preliminary hearing, pre-trial motions and the trial.

Bail may be available immediately after booking. If not, it will be up to a judge or magistrate to decide whether to allow the suspect to be released on bail.

The amount of the bail payment can be a set amount or it could be based on the suspect’s past criminal record (and prior DUI/DWI offenses), the seriousness of the suspect’s offense in this instance (are there any injuries? property damage?), or even the suspect’s ties to the community (i.e. family, employment, community).

If you or your family cannot afford the bail payment you can contact a bail bond agency which will post a bond on behalf of the individual with the promise that the entire amount will be paid should you (the suspect) fail to appear as you promised. The bond agency will charge a fee for this service, usually around 10% of the bail amount.

Sometimes a judge will decide to release a suspect on their “own recognizance,” without the need for any bail payments, but with some restrictions attached. Such restrictions would include an order to remain in the area while the case is proceeding. The judge will consider the factors listed above to make this determination.

If you are released on your own recognizance and do not appear at your court dates you can be arrested immediately. A word to the wise – attend ALL your court dates.

Ken LaMance is the Corporate Counsel for LegalMatch.com in South San Francisco, California. LegalMatch ( http://www.legalmatch.com/ ) is fast, free, and confidential. LegalMatch is America’s original attorney/client matching service and is not a referral service. When a consumer presents their issue to LegalMatch, our system matches the consumer’s case to LegalMatch lawyers in their city or county based on the specifics of the consumer’s case, lawyer’s location, and area of legal practice. LegalMatch also offers a number of useful resources like an online law library, tips, law blog, and forums on nearly every topic.

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Drunk Driving Penalties For Out of State Residents

By Joseph Devine

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Many people regularly travel out of state to neighboring states or across the country for business, to visit family, or to vacation in other parts of the country. Each state has its own traffic laws, and laws can vary significantly from state to state. Before traveling it is a good idea to look up traffic laws for states that you plan to travel to or through.

Drunk Driving Laws

One universal driving law that all states enforce is the law against driving while intoxicated. All states have drunk driving laws with the same legal blood alcohol content (BAC) limit, .08. If you are found to be in violation of state drunk driving laws, you may be arrested for a DUI, DWI, or other offense. All states take drunk driving charges seriously, and out of state residents are not exempt. Being arrested for a DUI out of state could lead to penalties both in the state in which you were arrested and in your home state.

Out of State Penalties

When you are arrested for drunk driving out of state, you will face DUI charges just as a state resident would. It is important to find a local lawyer who knows the state’s DUI laws to assist you with your case. He or she can help you arrange a plea deal or can assist you in preparing your defense for court. If convicted, you will face the same DUI penalties as any state resident. You may be ordered to pay a fine, perform community service, attend a DUI course, or even go to jail, depending on the severity of the case.

Home State Penalties

While the state in which you received your DUI will handle your criminal charges, your home state will likely handle your driving penalties. Your state DMV will likely suspend your license according to your state’s DUI penalties, and the DMV may also charge you a fine. All together, a DUI conviction could lead to severe penalties both out of state and at home.

For More Information

To learn more about out of state DUI charges and preparing your case, please visit the website of experienced Rhode Island DUI defense attorney James Powderly today.

Joseph Devine

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Treatment Instead of Jail

By Christian Shire

DWI Courts

DWI Courts are not as well established or necessarily separated from their sister court, Drug Courts, but they continue to provide a welcome alternative to time spent in jail or more superficial forms of punishment through the criminal justice system. People who are arrested for a DUI offense or commit crimes while under the influence of alcohol with indications that they have a serious alcohol problem either by a history of alcohol-related arrests or a significantly high BAC (blood alcohol content) may get processed through the DWI Court or Drug Court system.

Better Results

The DWI Court was established in recognition that the crime needed to be punished, but at the same time the underlying problem of alcohol abuse and addiction needed to be addressed as well and the court seeks the hardcore repeat offenders. With as many as a 1 in 3 DUI arrests being repeat offenders and over half of fatal car accidents involving a drunk driver, treatment and education is way to fix the problem at its root and keep the community safe. The program seeks to make the offender accountable for their actions and provides the supervision and support necessary to live a healthier lifestyle.

Supervised treatment

After arrest, if a candidate is seen as needing treatment, they will undergo a clinical assessment to see the severity of dependency, medical and mental health status, extent of social and familial support and individual level of motivation to change. Then a treatment plan will be developed according to the needs of the offender and they will then begin treatment under the supervision of the court. This will usually involve frequent and random testing. Since alcohol leaves the body much quicker than other drugs, they have developed a number of creative and effective ways to check other than the Breathalyzer including technology to detect alcohol through voice analysis that can be done over the phone.

Long Term Treatment

The program set out by the court usually involves intensive supervision by a probation officer, counseling, attending AA and 12 step meetings, community service activities, court appearances and can include vocational training. Programs general last for 9 or more months with some courts having an aftercare period with reduced counseling and testing sessions, but regular AA attendance.

Although the DWI Court program is voluntary, failure to follow the rules can result in loss of points within the program, increased length and repetition of treatments and jail time.

Is DWI Court for you? Find out at http://www.choosehelp.com/alcoholism/dwi-court-alternative-sentencing-for-alcoholics.html/

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Facts and Definition of DUI

By Renz Ariane Soriano

What is a DUI?

D.U.I. stands for Driving Under the Influence, it is defined as the act of operating a motor vehicle or any means of transportation after consuming alcohol beverages or other intoxicating substance that could alter a driver’s mind and ability to drive.

Drunken driving statistics show, DUI has become an upsetting crime nowadays because of the fact that it has extremely increased to an alarming number of cases. You don’t want that to happen to you, otherwise you will suffer the consequences that will utterly affect your life, your employment status, and most especially your freedom.

After you have been convicted, you have to do your part and do what your lawyer ask or tell you so that you will not have DUI on your record. You should have known that DUI record is not just a simple problem you could encounter.

Accidents and fatality cases attributed to DUI reveal how gruesome this crime has become. It leads people’s curiosity when is a DUI a felony? Felony refers to any criminal offense punishable by imprisonment or even death.

When is a DUI a Felony?

DUI is considered a felony when it causes accidents such as severe injuries, fatalities, and extreme damage of properties. If you drive under the influence, it can expand to a serious crime and can possibly charge you of committing felony. In some states, the seriousness of the issue is taken into consideration to charge the DUI offense as a felony. In some cases the numbers of convictions are taken into consideration to determine if it is a felony. For some states, second conviction for DUI in a stipulated time period is considered to be a felony. On the other hand, some states consider fourth conviction as a felony.

Can my lawyer negotiate plea bargain in DUI cases?

It is important that you must understand whether your lawyer can get you a plea or not. If he could, then you must be lucky because this might take away the DUI case off your record.

However, due to recent law implementation, state lawyers refuse to negotiate plea bargains in DUI cases especially if the evidence of your DUI offense is strong and resilient. In fact, most of the state laws prohibit attorneys from entering into plea bargains with DUI defendants. But in rare cases, a DUI charge may be reduced to a minor offense such as reckless driving.

Have Your DUI Lawyer Through out Due Process

It is your DUI lawyer who should be the first person to come in mind once arrested by authorities. Even if it is just a simple DUI arrest, you will need the service of a lawyer so critically. Having a lawyer is indispensable to ensure that you will be taken cared of suitably in the whole process of investigation court trial.

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DUI Child Endangerment

By David S Caldwell

People have appreciated both the taste and effects of alcohol for thousands of years. However, it has only been in recent decades that we have had to worry about the combination of drinking and driving. Alcohol can disrupt your ability to drive, and it can also trick you into thinking that you are sober enough to drive when actually you are not. This can lead to crimes such as driving while intoxicated and child endangerment.

Alcohol works as a depressant on the brain. The brain uses two types of transmitters, excitatory signals and inhibitory signals, in order to function. Alcohol enhances the effects of the primary inhibitory. This is why alcohol makes you slur your words and trip over your feet. As for driving skills, alcohol can cause delayed reaction speeds and decreased coordination. Also, you will notice a difficulty to reach rational decisions and a predilection for recklessness. Overall, these effects of alcoholic beverages can spell disaster for a driver.

If you drink and drive with a blood alcohol content over the legal limit, you can be charged with a DUI or DWI. If you make the mistake of intoxicated driving with a child passenger, you can also be charged with child endangerment. Child endangerment laws are in place to hold adults responsible for their actions around children. If an adult risks a child’s safety due to negligence, recklessness, or indifference, he or she can be charged with this crime.

Child endangerment applies to everything from leaving a child alone in a car to making drugs in front of a minor. Additionally, many states consider DWI with a child in the car as child endangerment as well. This is a very serious combination of crimes that can have a permanent negative effect on your record and reputation.

If you have been charged with DUI and child endangerment, you should contact an experienced attorney to discuss your legal options. Contact a Rhode Island DUI defense attorney from the Powderly Law Office today to learn more.

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