What Are the Most Common DUI Penalties?

July 21, 2010 By Leave a Comment

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

July 11, 2010 By Leave a Comment

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

June 18, 2010 By Leave a Comment

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

June 16, 2010 By Leave a Comment

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

June 14, 2010 By Leave a Comment

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.

http://duidefinition.com/

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DUI Child Endangerment

June 9, 2010 By Leave a Comment

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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DUI Checkpoints

June 8, 2010 By Leave a Comment

By Andrew K.

What is a DUI Checkpoint?

A DUI Checkpoint is a tool used by law enforcement to prevent drunk driving. The goals are two-fold: to stop drunk driving before it starts, and to remove drunk drivers from the road. By publishing the Checkpoint in the local paper, law enforcement hopes that people who drink will simply stay off the road. However, for those who decide to take their chances, the Checkpoint is designed to identify and remove them from the road before an accident can occur. The big question many people ask is whether it is legal for law enforcement to conduct a Checkpoint. The answer is “yes” as long as the police follow the appropriate procedures.

What procedures do police have to follow do set up a DUI Checkpoint?

This question is important because all people have a Constitutional Right to be free from illegal search and seizure. Normally, this means an officer must have “reasonable suspicion” to make a stop, and “probable cause” to make an arrest. But with DUI Checkpoints, people are stopped even though officers have neither of these. So how can they do this without violating the Constitution? By following judicially created guidelines to ensure that the Checkpoints are conducted with as little intrusion as possible.

Generally, there are eight (8) guidelines that law enforcement must adhere to in order for the DUI Checkpoint to be legal. They are as follows:

(1) The decision to set up the Checkpoint must be made at the supervisory level: This is to ensure that some rogue officers do not just decide to set up a makeshift checkpoint outside a bar to catch some unsuspecting people.

(2) Limits on discretion of field officers as to who is to be stopped: If you pay attention, you may notice that at a checkpoint, they usually only stop every 3rd or 4th car. The frequency of the stop is predetermined to avoid any bias on the part of the individual officer.

(3) Maintenance of safety conditions: DUI Checkpoints have to be clearly marked with safety cones to protect the safety of both the officers and the drivers being stopped. The area must also be well lit.

(4) Reasonable location of the checkpoint: Law enforcement set up a DUI Checkpoints in areas where previous DUI arrests are known to be common. This indicates to officers that this is a place where people are commonly found to be driving drunk.

(5) A reasonable time and duration of the checkpoint: DUI Checkpoints can only last a few hours so that the general intrusion on public privacy is protected.

(6) Roadblock must look official: The roadblock for a DUI Checkpoint must have sufficient signage and markings so that there is no question it is an official DUI Checkpoint as opposed to something makeshift.

(7) The length and nature of the detention: Once a person is stopped at a roadblock and asked for their identification, that “detention” must not take any longer than necessary for the officer to check the information requested. If, during that time, the objective symptoms of intoxication are not present, the officer has to let the person move on.

(8) Advance publicity regarding each checkpoint: Usually, law enforcement must publicize the fact that they are going to conduct a DUI Checkpoint. This helps in the “deterrence” aspect of the operation.

The foregoing guidelines are just that: guidelines. However, be aware that if law enforcement neglects to do one of them, that does not necessarily mean the Checkpoint was illegal. That would have to be argued to the court to see if the omission of one of the guidelines rose to the level of a constitution violation. While many might not like these Checkpoints, they are an important tool to identify those who insist on driving drunk.

For more information about issues relating to drunk driving, the law, and how it affects you, please visit http://www.driving-drunk.org.

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8 Critical Mistakes to Avoid When Charged With DUI or DW

June 7, 2010 By Leave a Comment

By Patrick Barone

If you’re charged with a drunk driving offense in Michigan, the choices you make during your case are crucial because of the state’s unique laws. Here are 8 common mistakes you must avoid:

1. Assuming a drunk driving charge can’t be defended. Michigan has some of the nation’s toughest DUI and DWI laws. So a conviction can result in a lengthy jail sentence (up to 93 days), license suspension and points, fines up to $500, 360 hours of community service, and an ignition interlock device on your car — and that’s only for a low breath test first offense. A first offense conviction under Michigan’s new super drunk law carries much more significant punishment, including more jail time, fines and mandatory substance abuse counseling. Lawyers have legal knowledge and information about laws that can sometimes help lower your fine and jail time.

2. Believing your drunk driving charge doesn’t carry serious consequences. Don’t think you can just walk into court, plead guilty and then move on. If your charge isn’t defended properly, and you end up with a conviction, then you face a lifetime of consequences because Michigan drunk driving cases stay on your record permanently. Negative outcomes include skyrocketing insurance rates, employment challenges and travel restrictions to Canada.

3. Taking advice from someone other than your lawyer. You might be surprised to find out Michigan police officers rarely really know or understand the law and are known to offer questionable guidance, such as downplaying the situation and stating you don’t need a lawyer. Also, avoid talking to prosecutors or taking their advice because they are only interested in obtaining a conviction — not helping you.

4. Expecting a legal outcome based on another person’s case. Each drunk driving situation offers a unique set of circumstances. In Michigan, outcomes vary from court-to-court and case-to-case.

5. Thinking your social status will result in leniency in the courtroom. Due to Michigan’s strict drunk driving laws, history has proven people with higher status can be punished more severely. The consequences are also often more damaging. For example, if you have a high-profile job requiring a professional license (e.g., doctor, dentist, therapist, etc.), a drunk driving charge puts this license in jeopardy.

6. Holding back information from your lawyer. Although not unique to client-attorney relationships in Michigan, withholding or lying to your lawyer is a mistake — in any situation — that will always come back to haunt you.

7. Not documenting the events that occurred during your drunk driving charge. Memories fade, so write down your version of what happened during your arrest as soon as possible.

8. Hiring a lawyer based on the lowest price. Michigan does not have a continuing education requirement. As a result, many of Michigan’s lawyers don’t get additional training after law school. The lawyers who spend the time and money to stay on top of specialized education in topics such as breath and blood testing and alcohol metabolism gain knowledge that helps deliver successful results for clients. Rarely will the most qualified lawyers have the lowest fees.

Patrick T. Barone is the principal and founding member of the Barone Defense Firm in Birmingham, Michigan. He is the author of two books on DUI defense: “Defending Drinking Drivers” and “The DUI Book – A Citizen’s Guide to Understanding DUI Litigation in America.” Get more of his free tips and insider information about how to win your drunk driving case at http://www.winbackyourlife.org.

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Facts About Drunk Driving

June 1, 2010 By Leave a Comment

By Don Zens

When you are pulled over the first thing the officer is going to ask is, “Do you know why I stopped you?” Sometimes a person will say what they think the reason is, but more than likely the officer will be told no.

When the officer tells you the reason he will then ask you how much you have had to drink. The officer is actually looking for evidence that there is a possibility your blood levels are over the legal limit. If you had a glass of wine with dinner you could tell them that unless you think it might hurt you. You can refuse to answer the question if you do not feel comfortable responding.

If the officer believes you are over the legal limits they will ask you to step out of the car so you can take some sobriety tests. Be prepared to do three or four different tests so the officer can come to their conclusion if you are drunk. The tests could be having you balance on one foot, recite your ABC’s, count backwards or even walk a straight line.

If you fail these tests the officer might offer a breath test so he can see exactly how intoxicated you are. Even if you refuse to do the breath test if you failed the sobriety tests then you will find yourself being arrested and transported to jail.

There is nothing written that says if you are stopped you have to take the sobriety tests. You do have the right to refuse, but it will not stop you from being arrested if there is enough evidence that you are drunk while driving.

The thing you to remember is the officer does have a camera in his car. If you were driving and swerving all over the road it will be on their video camera. Also as you are doing the sobriety testing you are usually being videoed. This is for when you go to court the officer can show the video and why you were pulled over to begin with. Then they will also be able to show the courts how you performed on the sobriety tests.

Many states now take your drivers license the day you are pulled over for drinking and driving. They usually keep the license until the outcome of the charges has been decided. If you are found guilty of the charges then it is up to the state how long your license will be suspended for.

If the drunken driving charges stick it will appear on your criminal record. These are public records and anyone can view them. It could stop you from any type of driving job until your license is reinstated.

Your criminal records are easy to find if you know where to look. It only takes simple background checks for the records to be shown to a person. If you do not know exactly what your records show then take a minute and look. You will be happy that you did.

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The Real Costs Behind a DUI Arrest and Conviction

November 13, 2009 By Leave a Comment

By Colin Daives –

When people drink and drive, they often never think about the consequences that come with getting caught driving under the influence. People assume that the only thing they have to do is show up in court, pay a fine and that be that. However, that’s not the way it goes. DUIs are a lot more expensive than fines and time commitments; it could mean a loss of your driving privileges, social stigma, jail or prison time.

There’s not a doubt that a DUI is much more than a simple fine. There’s a whole wide range of costs and not all at the same time. Your costs may include:

- Cost of ticket
- Court cost
- Court-ordered testing and/or programs
- DUI lawyer fees
- Impound fees
- Increase in insurance premiums

Add these fees together and it can run you thousands of dollars.

You also can’t escape the emotional side of a DUI arrest. Most people will feel embarrassed and/or ashamed for being arrested; their family members may feel the same way. Emotions can also run high in a DUI case if a person has been injured. You may also sustain injury behind the wheel if you are under the influence. If you’ve injured someone while you were intoxicated, you could be sued for the pain and suffering; these are often very high costs.

There aren’t just the emotional and financial costs attached to the DUI that you must content with; you must also deal with the court-ordered commitments such as attending a DUI school, participating in community service or attending a victim impact panel. It’s also possible you’ll need to serve time in jail or prison. These kinds of programs also have financial costs you must deal with… work time loss and court-related programs. If you have a DUI conviction, some jobs will turn you down.

The judge may suggest that your driving privileges be revoked. Once your suspension has ended, you’ll have to pay a hefty fee to reinstate it. You may also need to install an ignition interlock system before you are able to drive again after your DUI conviction.

As you can see, there are immediate and long-term costs to driving under the influence, as having a DUI can alter your life forever. While you may not be able to avoid all costs linked with a DUI, a DUI attorney can mitigate them, lowering some of the fees. It’s not uncommon for some cases to see fees range in the $60,000 range. If you’ve been arrested for DUI, you’ll want to hire the best DUI attorney who has the experience and training to help you avoid a DUI conviction.

Colin Daives writes general information articles about criminal and DUI law. Each state has different laws and every case is unique. His articles are not meant to be legal advice. To learn more, contact a Denver DUI attorney or for assistance with your case in the state of Colorado, contact a [http://www.rosenthal-law.net]Colorado DUI lawyer today.

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