DUI Lawyers,,DUI Laws,Penalties

Archive for March, 2007

Drinking and driving are not the best of friends. Laws against drinking and driving are strict in every state, especially Virginia, in order to prevent accidents and injuries on the road.

If you are a resident of Virginia, you should know the DWI laws before you reach for your keys after having consumed alcohol.

Here is a glimpse of some of the alcohol-related laws in Virginia, where you can be arrested and charged with DWI/DUI if:

- You are caught driving with a blood alcohol concentration level of .08 or more.

- You show signs and symptoms, which clearly indicate to a law enforcement officer that you have had one too many. This means that your manner, disposition, speech, muscle movement and overall appearance are significantly altered by the influence of alcohol.

- You drive after drinking or consuming any intoxicant (drug) either singly or in combination with alcohol to the extent that it retards your ability to drive.

- The following concentration of intoxicants is found in your blood

- .02 milligrams of cocaine per liter of blood; 0 .01 milligrams of phencyclidine (PCP) per liter of blood; 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood

- You are below 21 years of age, and have a blood alcohol concentration of .02 or greater.

It is important to note that if the Virginia law enforcement authorities have arrested you for drunk driving (DWI/DUI), then you do not have the absolute right to ask for a blood test (which is a change from years past when you had the choice between a blood or breath test).

Additionally, if the apprehending law enforcement officer charges you with DWI/DUI and you refuse to take the breath test, then you face the additional charge of “unreasonable refusal.” This charge carries the potential for more fines and associated penalties, including loss of your license for one year without the possibility of obtaining a restricted permit to drive to and from work.

So, the next time you think about getting behind the wheel in a state of inebriation, remember all the penalties you face. Also, please remember that you could seriously hurt yourself or an unsuspecting victim. It is important to realize that nearly one-third of all serious Virginia traffic accidents involve a driver with a blood alcohol content beyond the legal limit and nearly 6% of those drunk drivers had a blood alcohol content more than twice the legal limit!

What Is Kentucky’s DUI Law? What Does It Mean?

DWI/DUI is an abbreviation of driving while under the influence of intoxicants (alcohol) or of any substance or substances which impair driving ability. Other substances can include illegal drugs, prescription drugs, inhalants such as glue, gasoline, spray paint etc., and/or over the counter medications. Kentucky’s DUI law has an “Illegal Per Se” provision. “Illegal Per Se” (On the face of or by itself) means it is illegal to drive with a blood or breath alcohol content of 0.08 or higher.

Highlights of Kentucky’s DUI Law

Here are highlights from Kentucky law on driving under the influence (KRS Chapter 189A). Legal terms associated with drunk driving in Kentucky.

‘Per Se’ BAC Level: .08

Zero Tolerance BAC Level: .02

Enhanced Penalty BAC Level: .18

Implied Consent Law: Yes

License Suspension 1st Offense: 30 days

License Suspension 2nd Offense: 1 year

License Suspension 3rd Offense: 2 years

Mandatory Jail Time after 2nd offense: Yes

Mandatory Alcohol Education: Yes

Mandatory Assessment/Treatment: Yes

Possible Ignition Interlock: Yes

Possible Vehicle Confiscation: Yes

Hardship License while license suspended: No

Open Container Law: For driver and passenger

These are highlights of the main provisions of Kentucky law pertaining to drunk driving. Other factors can increase the penalties for drunk driving, such as if an injury or death occurred, or if a child was endangered.

Source: KRS Chapter 189A

Another Important Fact to Know: 90% of DUI arrests occur between 10PM and 3AM.

How Can I Clear My DUI Record?

you may have some options available to clear your record. Your first option after a DUI conviction is to seek a new trial from the court. If there was an error in the admission of evidence at your trial or some other procedural problems, your attorney can ask the court for a new trial. If the judge grants your request for a new trial, you will be allowed to present your entire case again, this time before a new jury. If you’re found not guilty after your second trial, then your record will be cleared and the legal effect would be as if you never were convicted. If the judge refuses to grant you a new trial, or you lose at your second trial, you may be eligible to appeal your DUI conviction. If there is an error of law at your trial, or the jury completely disregarded the facts, you may have grounds for an appeal. An appeal involves filing briefs with the court and an oral argument-you will not be required to appear or participate in the appeal. If your appeal is successful, your conviction will be reversed, and your record will be cleared.

The Truth about Lawyers – Even though lawyers are the brunt of a lot of jokes out there, they really are in the legal industry to help you. You could hire one of the most expensive lawyers out there to represent you for your DUI case, and you will still pay less money to him than you would to the court system. If you had the option to pay a certain amount of money to the court, have your license taken away, have to go to jail and spend a weekend at a conference where they describe to you how bad drinking and driving is… OR, pay a lawyer a smaller amount of money, have a good chance of keeping your license, have a better chance of having the DUI dropped and to stay out of jail, wouldn’t that be better?