DUI Lawyers,,DUI Laws,Penalties

Archive for May, 2006

DUI laws are getting tougher all across the country. The blood alcohol content (BAC) limits have gone down, and the punishment rates have gone up. Getting pulled over is one thing, but it’s another when you have to get out of the car and discuss things over with the police, especially if they believe you may have been drinking. An exception to this is if you have driven into a sobriety checkpoint. These are set up as roadblocks, and are designed as devices to promote public safety. Make no mistake: driving under the influence of drugs or alcohol is a serious offense. But you do have rights if you are pulled over.

Penalties for DUI include:

• Points off your license

• Fines

• Insurance increases

• Jail time

• Probation

• Possible loss of employment

Being charged with a DUI can be potentially life changing. However, if the police want to charge you, you need to know what your rights are so you can protect them as soon as you are accused of DUI.

Your Rights

• Decline answering any questions until you speak to a lawyer

• Contact your lawyer at any time

• The right to a lawyer being present when you answer any questions

• If you cannot reach your lawyer, you have the right to decline answering any questions at all

• Decline answering any questions if you are taken into custody

• Decline to perform any field sobriety tests (alphabet test, walk the line, eye test, and more).

• Refuse to consent to a search of your car or yourself unless arrested

• May leave if you are not placed under arrest

• Must be advised that you are being placed under arrest

• Decline to give a breath test at the station until you have spoken to a lawyer

Many people have found themselves driving home from dinner or a night out, and then being arrested after having only a couple drinks. While there are definitely drunk drivers on the road who are a menace to others, many innocent people are pulled into the system by harsh DUI laws. It is up to you to know that if and when you are caught up by the authorities and possibly arrested for suspicion of DUI, you still have rights like anyone else.

New Year’s Eve and other holidays bring a shudder to law enforcement officials. As they clock in to start their shifts, many wonder if this will be the night that they have to pull the lifeless body of a passenger from a car that has been wrapped around a tree, an event that happened for just one reason: the driver had too much to drink and decided to get behind the wheel of a car and venture forth.

A survey conducted by FindLaw.com last fall, just before the busy Labor Day weekend, revealed a startling fact: as many as one in twelve drivers admit to have driven drunk at one time or another. Specifically, more than 7% drivers surveyed said that they had more alcohol in their bodies than legally allowable and chose to drive anyway. Each person who responded gave their answer based upon the previous twelve months only.

Specifically, the survey revealed:

Men were almost three times more likely than women to say they have driven when they thought they were above the legal limit.

Younger drivers — ages 18 to 34 — were more than twice as likely as older drivers to admit the same behavior.

Of those drivers who admitted driving while possibly over the legal limit, one in nine (12%) say they have been arrested for driving while intoxicated sometime in their life.

All states recognize a blood alcohol concentration (BOC) level of 0.08% or higher as evidence of drunk driving. However, even with rates lower than that figure, a driver can be stopped for driving impaired which can lead to their arrest and conviction. With all of that information in mind, FindLaw.com recommends the following:

Play it safe; call a cab. Besides putting your life and those of others in danger, some states give police the authority to make a DUI arrest on probable cause if you are intoxicated and in your vehicle with your keys, even if the vehicle is not moving.

DUI laws involve more than just alcohol. DUI laws are not limited to alcohol use. Most states take into account any substance, including marijuana, prescription drugs and even over-the-counter drugs, such as antihistamines, which may impair a driver’s ability to think clearly and safely operate a motor vehicle.

Think twice before refusing a sobriety test. You may refuse to take a chemical test (blood, breath, urine), but almost every state has a so-called “implied consent” law, and under such laws a refusal can result in suspension of your driver’s license for three to 12 months. This is true even if you’re eventually found not guilty of the drunk driving charge. Further, if your drunk driving case goes to trial, the prosecutor can tell the jury that you wouldn’t take the test, which may lead the jury members to conclude that because you refused you were, in fact, under the influence. In states such as California, juries are instructed that they may infer that you were conscious of your own guilt.

Get a lawyer. Because defending against a charge of driving under the influence requires an understanding of scientific and medical concepts, it’s best to hire an attorney who specializes in DUI law. If you need to find a lawyer, go to http://www.findlaw.com/, which can help you locate an attorney specializing in DUI and DWI law.

Cooperate at sobriety checkpoints. Even if you have not consumed any alcohol or drugs, you should cooperate with law enforcement authorities if instructed to pull over at a drunk driving checkpoint, which an increasing number of states conduct during major holiday weekends, such as Thanksgiving and New Year’s Eve.

Most certainly, you don’t want to be the cause of an accident that injures or kills you, a passenger or the passengers of another vehicle. Driving while impaired or while drunk is irresponsible, a practice that can destroy the lives of victims and their families.

There are two cases for Philadelphia DUI arrests in the state of Pennsylvania. The first one is the court case or criminal case which entails possible penalties such as jail time, mandatory alcohol education programs, loss of driving privileges, and others. The second is called the driver’s license case wherein your driver’s license will be confiscated by the Pennsylvania Department of Transportation and a separate action is taken. So if you are facing a Philadelphia DUI case, you have to find a good Philadelphia DUI lawyer immediately for your representation. With a good Philadelphia DUI lawyer, you’ll get a fair trail and there is a strong chance of you winning the case.

A lot of states have tightened up their laws when it comes to DUI, and Philadelphia DUI laws are not an exception. Furthermore, the fines and penalties for a Philadelphia DUI conviction have been raised as well. That is why in order to get out of this mess you need a strong Philadelphia DUI defense. An excellent Philadelphia DUI lawyer will explain to you everything you need to know about Philadelphia DUI laws and penalties that you are not yet familiar with. This way you would know how serious the case you are about to face. Your Philadelphia DUI lawyer will also discuss to you the defense strategy in order to win your case.

After being arrested for DUI, you may feel that it is impossible to win your case. After all, how can you question the breath test evidence made against you? An experienced Philadelphia DUI lawyer would know how to challenge the evidence. Did you know that breath test evidence is not always accurate? The key to winning your case is for your Philadelphia DUI lawyer to challenge the evidence. If you seek the help of an experienced Philadelphia DUI lawyer that may have handled several Philadelphia DUI cases before, it will definitely work to your advantage.

There are so many benefits in hiring an experienced Philadelphia DUI lawyers specializing in Philadelphia DUI cases. First of all, your Philadelphia DUI lawyer would know a lot about how the court system works and aware about the latest laws and regulations being implemented in the state. So when faced with Philadelphia DUI charges, your first move should be hiring a quality Philadelphia DUI lawyer that will work with your every step of the way. Sometimes, you may start feeling guilty right away after an arrest. But don’t give up just yet. You wouldn’t want to have a criminal record for the rest of your life. Find a reputable Philadelphia DUI lawyer right away.

Arizona, like every other state, has DUI (driving under the influence) laws meant to reduce driving after a few glasses of alcohol. Arizona is known throughout the country to have very strict laws regarding DUIs, which is all the more reason to hire an aggressive DUI attorney to fight for you.

Being arrested for an offense DUI can be a very upsetting experience. It may be your first time ever being accused of a crime and you may not know what your rights are or where you should turn.

It is therefore important to know the basics of the Arizona DUI laws and penalties to ensure that you stay on the right side of the law. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

1. While under the influence of intoxicating liquor, any drug and vapour releasing substance containing a toxic substance or any combination of liquor, drugs or vapour releasing substances if the person is impaired to the slightest degree.

2. If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.

3. While there is any drug or its metabolite in the person’s body.

4. If the vehicle is a commercial motor vehicle that requires a person to obtain a commercial driver license and the person has an alcohol concentration of 0.04 or more.

Sentencing

You’ve just been arrested for a DUI in Arizona, now you’ll be sentenced according to a classification of your crime. Aggravating factors may include the following:

You have a blood alcohol concentration of 0.15 for up to two hours after the offense.

You have 2 or more prior DUI convictions in Arizona or in another state within 7 years of the arrest. Your privileges to drive are revoked, suspended or restricted at the time you are charged with DUI in Arizona. You have a child under 15 years old in the vehicle.

First Impaired or Breath Alcohol Concentration above .080

10 consecutive days in jail. The Court may suspend 9 of the 10 days if you agree to get an alcohol evaluation, and submit to treatment. Fine & costs: $250.00 fine, plus a surcharge, plus an additional $500.00 assessment for DPS, and another $500.00 for the Arizona Prison Construction Fund. Driver license: The MVD will suspend your drivers’ license for 90 days. Counselling: If recommended in your evaluation and you want the Judge to suspend all but one day in jail. Probation: You may be placed on probation for up to five years.

Second Impaired or Breath Alcohol Concentration above .080

1.  90 days in jail. The Court may suspend 60 of the 90 days if you agree to get an alcohol evaluation, and submit to treatment.

2. Fine & costs: $500.00 fine, plus a surcharge, plus an additional $250.00 assessment to the Arizona DUI abatement fund, plus an additional $1250.00 assessment for arrests.

3. Driver License: Your drivers’ license will be revoked for one year.

4. Counselling: If recommended in your evaluation and you want the Judge to suspend all but 30 days in jail.

5. Probation: You may be placed on probation for up to five years.

First Extreme DUI (Breath Alcohol Concentration above .150)

30 consecutive days in jail. The Court may suspend 20 of the 30 days if you agree to get an alcohol evaluation, and submit to treatment. Fine & costs: $250.00 fine, plus a surcharge, plus an additional $250.00 assessment to the Arizona DUI abatement fund, plus an additional $1000.00 assessment for DPS, and an additional prison construction fund fee of $1,000.00. Driver License: The MVD will suspend your drivers’ license for 90 days. Counselling: If recommended in your evaluation and you want the Judge to suspend all but ten days in jail. Probation: You may be placed on probation for up to five years.

Second  Extreme DUI (Breath Alcohol Concentration above .150)

120 days in jail of which 60 must be consecutive. The Court may suspend 60 of the 120 days if you agree to get an alcohol evaluation, and submit to treatment. Fine & costs: $500.00 fine, plus a surcharge, plus an additional $250.00 assessment to the Arizona DUI abatement fund, plus an additional $1250.00 assessment for arrests. Driver License: Your drivers’ license will be revoked for one year. Counselling: If recommended in your evaluation and you want the Judge to suspend 60 of the 120 days of jail. Probation: You may be placed on probation for up to five years.

Felony DUI (3rd DUI w/i 5 Years, or DUI w/ License Suspended or Restricted)

The sentence guidelines below presuppose a completely clean felony record. Historical priors may significantly enhance any felony sentence. This is a class 4 felony and subject to the sentencing ranges based on historical priors as such. A DUI conviction under this section could carry over 10 years in prison.

4 months in prison at a minimum before you are eligible for probation, pardon, commutation or suspension of the sentence, or release on any other basis. Fine & costs: Up to $150,000.00 in fines, plus a surcharge, plus an additional $250.00 assessment to the Arizona DUI abatement fund, plus an additional $1,500.00 assessment for arrests. Driver License: Your drivers’ license will be revoked for three years. Counselling: If probation is granted by the sentencing Court, you will be required to submit to treatment. Probation: You may be placed on probation for up to five years. Vehicle Forfeiture: If you were driving a vehicle you owned at the time of the DUI arrest that led to your conviction, the Court may take your vehicle as well.

Felony DUI (w/ a child under 15 years old in vehicle)

The sentence guidelines below presuppose a completely clean felony record. Historical priors may significantly enhance any felony sentence. This is a class 6 felony and subject to the sentencing ranges based on historical priors as such.

A person convicted under this section will have to serve at least the minimum sentences for the misdemeanour DUIs described above if the offense would have been a misdemeanour but for the presence of the minor child. Fine & costs: Up to $150,000.00 in fines, plus a surcharge, plus an additional $250.00 assessment to the Arizona DUI abatement fund, plus an additional $500.00 assessment for arrests. Driver License: Your drivers’ license will be revoked for three years. Probation: You may be placed on probation for up to five years. Counselling: If probation is granted by the sentencing Court, you will be required to submit to treatment. Vehicle Forfeiture: If you were driving a vehicle you owned at the time of the DUI arrest that led to your conviction, the Court may take your vehicle as well.

As an update to a story we carried last month in our California drunk driving accident lawyers blog, a former Stockton police trainee has been arraigned in an accident case that killed one of his passengers.

According to the Modesto Bee, 27-year-old Ryan Honnette has been arraigned on charges including driving with a blood alcohol percentage of 0.08 percent or more, driving under the influence of alcohol causing injury, and gross vehicular manslaughter while intoxicated. The accident that he has been charged in relation to took place on October 18th. Honnette was driving a Ford Excursion with four passengers inside. As he approached the Highway 132-Lake Junction, Honnette seems to have lost control of the vehicle. He tried to get the vehicle back on track, and over-corrected. The SUV rolled over. 25-year-old Matthew Miller, who was sitting in the back seat, was thrown out of the SUV. He suffered severe injuries, and was taken to the hospital where he died a while later. The other passengers in the car escaped with minor injuries. Honnette walked away without any injuries.

Honnette was arrested on suspicion of drunk driving. His blood alcohol level was apparently 0.15 percent. He was just a few months away from finishing his police officer training, and was placed on paid leave as a result of the drunk driving accident. He is currently looking at a sentence of more than 10 years, if convicted.

This is a classic example of a man throwing his life and career away in one instant of lunacy. You would expect Honnette to be more aware of the dangers of drunk driving. As a police officer in training, he likely had access to DUI offenders who were looking at punishments ranging from license suspension to prison time. Yet, he chose to get behind the wheel too drunk to drive anyway. His blood alcohol levels were almost twice the legal limit, which makes you wonder what exactly he took home from his police training program.

This sort of behavior would be intolerable from an average motorist – from a man of the law, it’s completely unacceptable. Honnette deserves the strictest punishment he can get for his negligent behavior.