DUI Lawyers,,DUI Laws,Penalties

Posts Tagged ‘Dui Convictions’

Driving under the influence can mean driving under the influence of drugs, alcohol, or both types of substances. No matter what type of substance is used in an offense, driving under the influence can cause serious injuries and property damage. In most states, DUI (or DWI as it is called in some states) is a misdemeanor charge. But, this can change if aggravating factors are present or if you’ve had multiple convictions within a specific time period. Aggravating factors can include injuries or property damage caused by DUI accidents, having a child in the vehicle while the offense is being committed, or having a blood alcohol level that is considered extremely high. Being knowledgeable about the consequences of DUI accidents can help you to better understand DUI law and perhaps help you avoid serious criminal charges.

Bodily Injuries – In many states, special provisions exist in the DUI laws that allow judges to impose harsher penalties if you’ve caused bodily injuries as a result of a DUI accident. These bodily injuries are often serious and can include broken bones, collapsed lungs, and even paralysis in the more serious accidents. These increased penalties make it possible for you to receive longer jail terms, increased fines, longer probationary periods, longer license suspension or revocation periods, and increased requirements for insurance and alcohol treatment and evaluation. These increased penalties are in place to deter drivers from driving under the influence and keep the roads safer from DUI accidents.

Fatalities – Some states have provisions that allow prosecutors to charge drivers with vehicular manslaughter and driving under the influence if any fatalities occur as a result of an accident caused by a driver charged with DUI. Many factors can influence how a DUI offense is charged including blood alcohol concentration levels, other crimes committed during the same offense, number of prior DUI convictions, etc.

Criminal Charges – If you are arrested for DUI, you will be charged with driving under the influence. This is a criminal offense and you will need to go through a criminal trial where a prosecutor will attempt to show that you are guilty of the crime. If you are convicted, you can face a number of penalties that vary from state to state and may also be dependent upon any special circumstances regarding your case.

Administrative Penalties – When you’re arrested for driving under the influence, you’ll experience administrative penalties through your state driver licensing agency. Some states offer a hearing process that may allow you to get your license back until your trial, but this can be a difficult task to accomplish. Hiring a qualified lawyer who specializes in DUI cases may be your only chance for getting your license back if that’s even an option in your state. A skilled attorney can represent you during administrative proceedings and speak on your behalf, possibly minimizing your penalties.

Criminal Penalties – The criminal penalties for driving under the influence can vary quite a bit from one state to another. Most states can impose penalties that include jail time, fines, court costs, probation, suspension or revocation of driving privileges, ignition interlock device installation, alcohol and drug education programs, and additional insurance requirements for DUI offenders. These penalties are imposed based on many factors including prior convictions, aggravating circumstances, and other information from each individual case. Some states are stricter than others when it comes to imposing penalties for driving under the influence. A first offense in one state may get an offender some community service time, a license suspension, and mandatory participation in an alcohol education program while a first offender in another state may spend several days in jail, have a longer license suspension, and have to attend more alcohol education classes. The hashness of penalties for driving under the influence begin at the first offense and escalate if you accumulate additional convictions.

DUI Attorneys – Hiring a lawyer who specializes in DUI cases is one of the best things you can do if you have been charged with driving under the influence. You’ll have better access to the resources you need to defend yourself and you’ll also have a legal professional on your side that can help you prepare for your criminal trial. No case is ever a sure thing, but having a DUI lawyer on your side is one of the best ways to achieve a successful outcome.

All DWI and DUI convictions or Florida DWI Arrest can have a significant impact on your driving privileges and your insurance premiums and rates. Laws regarding DWI and DUI in the 50 states generally determine the driving privileges of a person within the state. And if you are thinking about moving to another state to avoid the penalties and continue driving, think again.

If you are convicted of DWI or DUI and move to another state, there are important things you need to understand. Florida DWI arrest? Get the best quality lawyer for your defence.

Interstate drivers license compact and the non resident violator compact.

Interstate drivers license compact is an agreement between 45 states in the U.S. These states will share information regarding certain types of convictions including drunk driving offenses like DWI and DUI. Only five states namely; Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin do not belong to the compact. By sharing information on your DWI and DUI convictions, you would be left with very little choice but the five states. For Florida dwi arrest, you are under the compact.

With this compact agreement, you basically have one driving record for all forty five states belonging to the compact. Simply put, if you are convicted or suspended in another member state, you are also suspended in the other states as well. So you have to get reinstated in one of those states before you can get your driving privileges again.

Non resident violator compact is an agreement between 44 states in the U.S. This is designed to have a better enforcement of traffic offences and penalties in these various states. In this agreement, unpaid fines and penalties for traffic offences in another state can have your license taken away and or suspended in the state in which you are driving.

There are six states that did not join these agreement or compact. They are; California, Michigan, Alaska, Montana, Oregon, and Wisconsin. Being under the agreement or compact, Florida dwi arrest can have an impact on your license.

Driving while intoxicate legal limit in Texas is .08 blood alcohol concentration or (BAC). However, drivers can be stopped and cited for impaired driving due to alcohol or other drugs regardless of BAC. Texas has a zero tolerance law. For anyone under 21, it is illegal to drive with any detectable amount of alcohol.

Impairment begins with the first drink. Gender, body weight, the number of drinks consumed and the amount of food in ones stomach affect the bodys ability to handle alcohol. Women, younger people and smaller people, whether male or female often have a lower tolerances.

Get caught drinking and driving a second or third time and the penalties will increase including suspension of your drivers license for up to 180 days. That is called zero tolerance. It means zero alcohol. That is the law in Texas.

The privilege and ability to drive is very important for many people. And a Florida dwi arrest can change all that. Because without a car and a license to drive it means your ability to provide for your family is being hampered. So if you are concerned about your DWI or DUI contact a good and quality attorney or lawyer to defend your rights.

Hire a quality lawyer who knows and are familiar with your state DWI and DUI laws. The bottom line is that if you have a Florida dwi arrest, you need the best dwi attorney.

South Carolina was known as having some of the most lenient punishments for driving under the influence (DUI) in the country. As the number of alcohol-related fatalities in automobile accidents climbed, however, the state legislature decided that enough was enough and passed sweeping changes to South Carolina’s DUI laws in 2008. These changes came into effect February 10, 2009.

Under the 2009 changes, penalties for DUI convictions are determined based on the driver’s blood alcohol content (BAC) level. The higher the BAC, the more severe the possible punishments. An outline of these changes is provided below.

First DUI Conviction

The court cannot suspend the fine for a first-time conviction or offer a lower amount than required by state law.

BAC 0.08-0.09

2-30 days in jail OR 48 hours of community service $400 fine

BAC 0.10-0.15

3-30 days in jail OR 72 hours of community service $500 fine

BAC 0.16 and above

30-60 days in jail OR 30 days of community service $1,000 fine

Second DUI Conviction

In overhauling the DUI laws, the legislature removed the possibility of performing community service in lieu of jail time for second-time and subsequent DUI offenders. The court also may not suspend the fine for second-time offenders, but it may lower the fine to $1100. Second-time and subsequent offenders also will be required to serve minimum mandatory jail time and are subject to suspension and surrender of their vehicle registrations and license plates.

BAC 0.08-0.09

Mandatory minimum 5 days in jail May be sentenced up to 1 year in jail $2,100-$5,100 fine

BAC 0.10-0.15

Mandatory minimum 30 days in jail May be sentenced up to 2 years in jail $2,500-$5,500 fine

BAC 0.16 and above

Mandatory minimum 90 days in jail May be sentenced up to 3 years in jail $3,500-$6,500 fine

Third DUI Conviction

BAC 0.08-0.09

Mandatory minimum 60 days in jail May be sentenced up to 3 years in jail $3,800-$6,300 fine

BAC 0.10-0.15

Mandatory minimum 90 days in jail May be sentenced up to 4 years in jail $5,000-$7,000 fine

BAC 0.16 and above

Mandatory minimum 6 months in jail May be sentenced up to 5 years in jail $7,500-$10,000 fine

Fourth and Subsequent DUI Conviction

BAC 0.08-0.09

Mandatory minimum 1 year in jail May be sentenced up to 5 years in jail

BAC 0.10-0.15

Mandatory minimum 2 years in jail May be sentenced up to 6 years in jail

BAC 0.16 and above

Mandatory minimum 3 years in jail May be sentenced up to 7 years in jail

Refusal to Take a Breathalyzer

Anyone suspected of drunk driving who refuses to take the breathalyzer will have his or her license automatically suspended for six months (under the previous law, it was three months). Anyone who has a BAC reading of 0.15 or greater also automatically loses his or her driver’s license for six months. The length of license suspension time increases with each subsequent DUI conviction. For example, a second-time offender who refused to take the breathalyzer each time will have his or her license automatically suspended for nine months.

Felony DUI

A felony DUI may now be charged in any alcohol-related accident that causes great bodily injury or death to another person where the injury or death is caused by the actions of the impaired driver. “Great bodily injury” is defined under the statute as injury that “creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.”

The fines for causing great bodily injury range from $5,100-$10,100. Jail time can range from a mandatory minimum of 30 days to 15 years.

Drivers convicted of felony DUI in accidents that led to the death of another, however, face much more severe penalties: up to $25,000 in fines and up to 25 years in prison. Judges must impose the mandatory minimum sentences and may not offer probation to those convicted of felony DUI.

Mandatory Counseling

Even first-time offenders now must successfully complete an Alcohol and Drug Safety Action Program certified by the Department of Alcohol and Other Drug Abuse Services as a condition of their sentence for a DUI conviction. Before enrolling in a program, each DUI offender is evaluated to determine whether an education course, treatment or both are necessary. DUI offenders are required to pay for the program out of pocket, which may cost up to $2500. Those who fail to enroll in an acceptable program within 30 days of their conviction may be held in contempt of court.

Underage Drinkers

Drivers under 21 years of age who are convicted of DUI will have their driver’s licenses suspended for six months for a first time conviction. If they are convicted of DUI a second time within five years of the first conviction, they will lose their licenses for one year.

Drive Carefully

Before getting behind the wheel, consider South Carolina’s harsh punishments for DUI. If you have been arrested for DUI, be sure to consult an attorney for advice.

Types of DUI:There have been many attempts to find advance indicators of who will drive when impaired by alcohol. The most well-established predictor is prior driving under the influence (DUI) arrests. Also, people who injure others or who have been injured after drinking will have more DUI convictions (Buntain-Ricklefs et al., 1995). Those with more total moving violations and more prior convictions of all kinds have more repeat DUI offenses (Peck et al., 1994). Those who refuse blood alcohol concentration (BAC) tests or have higher BAC test results also have more DUI offenses (Marowitz, 1998). The alcohol ignition interlock is a device installed on the cars of some DUI offenders that requires a low-alcohol or alcohol-free breath sample before the ignition unlocks and allows an engine to be started. Studies in the United States and Canada have shown that the interlock reduces DUI (Beck et al., 1999; Coben and Larkin, 1999; Marques et al., 2001a; Voas et al., 1999). The interlock has also been reported to be a good predictor of DUI risk (Marques et al., 2001b). The BAC lock point for the interlock is stipulated in state or provincial law. Typical lock points range between .02% and .04%. The U.S. national guidelines (National Highway Traffic Safety Administration [NHTSA], 1992) recommend .025%; Alberta Canada uses .04%. The interlock’s recorder logs the time and result of all breath tests. The early months of interlock BAC tests predict repeat DUI offenses years later, after the interlock has been removed (Marques et al., 1999, 2001 b). A variety of DUI predictors have been studied, but, unless these are available to court or licensing authorities, they have little practical value. For example, information about drinking patterns has been shown to be predictive of DUI risk, but motor vehicle or court authorities tasked with imposing sanctions do not usually have access to this type of information. For new knowledge to usefully inform policy and lead to lower public risk exposure, it should be accessible to those who decide whether to reinstate driver’s license privileges or continue with sanctions that restrict those privileges. Personal history, adverse drinking consequences, family history of drinking, places of drinking and types of preferred beverages help researchers understand the characteristics of repeat DUI offenders but cannot sharpen sentencing decisions if this information is not in a driver’s file. Unlike some of our earlier work, all data reported here are available to sanctioning authorities in jurisdictions where the alcohol ignition interlock is in use. Alcohol is a factor in 43% of all crash costs (Miller et al., 2002), but alcohol-impaired drivers are hard to detect. Accordingly, a DUI arrest is a low-likelihood outcome relative to the prevalence of drunken driving.

The Penalties of DUI Accidents: Driving under the influence can mean driving under the influence of drugs, alcohol, or both types of substances. No matter what type of substance is used in an offense, driving under the influence can cause serious injuries and property damage. In most states, DUI (or DWI as it is called in some states) is a misdemeanor charge. But, this can change if aggravating factors are present or if you’ve had multiple convictions within a specific time period. Aggravating factors can include injuries or property damage caused by DUI accidents, having a child in the vehicle while the offense is being committed, or having a blood alcohol level that is considered extremely high. Being knowledgeable about the consequences of DUI accidents can help you to better understand DUI law and perhaps help you avoid serious criminal charges.

How to choose a DUI Attorney?Before you hire a DUI lawyer, or any other type of lawyer, meet with him or her first. Most lawyers will not charge you to meet with them while you’re looking for someone to handle your case. Having a face to face meeting with your lawyer before hiring him or her is good for both the client and the attorney. You’ll want to hire someone you feel comfortable working with. A face to face meeting helps you determine whether or not you feel comfortable. It also helps the lawyer decide if he or she feels comfortable working with you and wants to take on your case. Before going to any consultations with lawyers (and you should consult with at least two lawyers before making a decision) do some research. The yellow pages is a good place to look for a lawyer but remember that the DUI lawyer with the biggest ad is not necessarily the best lawyer for you to hire. He or she is just the person with the biggest ad. You want a lawyer with DUI expertise and experience. The library is another good place to do research. Your local library should have a copy of the Martindale Hubbell law directory. The directory does its best to list every lawyer in the United States along with his or her area(s) of speciality. You can search the directory by either location or area of law each lawyer deals with. The directory is also available online. People you know can also be a good source of information regarding a good lawyer. Create a list of questions you want to ask each lawyer during the consultation so you can compare each lawyer equally before deciding who you would like to hire to represent you. A few questions you may want to have on the list you make are:

1) What percent of the cases you handle are DUI or impaired driver? (Remember that you want someone who is very familiar with the current laws in your state.)

2) What do you charge and what is your fee structure? (You’ll want to know the most you’ll have to pay as well as how much you have to pay upfront. Many DUI lawyers charge a flat fee, which is a set amount for your case whether or not it goes to trial. Some lawyers charge an hourly fee. Others have staggered fee structures that break things into phases. They may charge a flat fee up until trial. If the case goes to trial then there’s another fee to pay. If the entire fee is required upfront but you are financially unable to pay it all upfront ask if a payment arrangement can be worked out. It can’t hurt to ask. The worst answer you can get is “no.”)

3) What costs besides attorney fees will I be responsible for? (In addition to lawyer fees you may be responsible for things like court costs and filing fees).

4) Will you be the lawyer handling my case or will someone else in the firm be the primary lawyer on my case? (This question is especially important if you are consulting at a firm with several lawyers. Some people have been very frustrated when they found out the lawyer they consulted with wasn’t the lawyer who handled the majority of their case.)

These are just a few of the questions you’ll likely want to ask before deciding which DUI lawyer you want to hire.