Minnesota DWI And DUI Law

July 14th, 2009 at 03:02pm Under DUI Law

Being charged with a DUI, driving under the influence (of drugs or alcohol) or a DWI, driving while intoxicated, is a very serious situation. The possibility exists that either charge could affect one’s future. They can result in substation fines, loss of a driver’s license, have implications for future employment, increase insurance premiums, and in some cases, can result in serving time in jail.
When charged with a DUI or DWI, it is important to find someone that will understand what steps must be taken to successfully navigate through the legal processes. A lawyer or attorney can be a great help in these situations. This lawyer will defend the person involved in the situation, and will make sure that his or her rights are protected throughout the whole process.
In the state of Minnesota, a blood alcohol of 0.08 or higher will allow you to be convicted of a DUI charge. Although this is when one can be convicted, it does not mean that driving is impaired prior to this point. Driving skills are affected from the first drink of alcohol. The ability to react, pay attention, maintain coordination, and make good choices are affected more and more with each drink.
Unfortunately, there is no specific number of drinks that can alert you when you are over 0.08. Wine, beer, mixed drinks, and hard liquor all have different percentages of alcohol. It is more important to keep track of the total amount of alcohol that is entering your system over a certain timeframe rather than just counting drinks. A few beers will have a different affect on a person than a few shots of hard liquor. This number is also not the same for everyone, however. Blood alcohol levels are also influenced by gender, age, weight, medications, the amount and type of food that has recently been eaten, and other factors.
If one does end up being pulled over for DUI or DWI by police, a series of tests may be administered, including a blood, breath, or urine test. If these tests are refused, it is considered a Gross Misdemeanor, which can lead to removal of your license for at least year.
When a DWI conviction does happen, there are a number of legal and financial consequences, which vary depending on how many offenses one has been charged with. For the first DWI offense, it is usually a Misdemeanor, which is punishable by a maximum fine of $1,000 and/or ninety days in jail. A court may order you to attend an alcohol treatment program, and maybe revoke your license for at least 90 days. This is the case if the driver’s blood alcohol reading is under 0.20%. If the reading is over 0.20%, or the person is convicted with a child in the car, it is considered a Gross Misdemeanor, which can lead to a maximum fine of $3,000 and/or a year in jail. If a second offense is committed within ten years, it is also considered a Gross Misdemeanor.
When a third offense is committed within ten years of two prior offenses, one will either have a minimum of 90 days in jail, or an intensive probation program which will include at least six consecutive days in jail as well. Police will most likely take a person’s car away at this point, and a lawyer will be needed to help deal with financial consequences of this seizure. After three offenses in Minnesota, the state will also be likely to cancel one’s driver’s license as this person is seen as a threat to public safety.
The fourth offense within ten years of three prior offenses will result in a Felony. This conviction will result in at least three years in prison and a fine of not less than $14,000. A judge my decide to reduce this three year term, but there is still a mandatory sentence of at least 180 days in jail, 30 of which must be served consecutively.
Driving while under the influence of drugs or alcohol is a very serious situation. Not only is the driver’s life in danger, but also the driver’s passengers, and any other car or pedestrian that happens to be on the road during that time. The results of a DWI conviction can lead to fairly severe penalties. Ideally, one would not place him or her self in a situation where one can be convicted, meaning to not drive while under the influence. When one does happen to be pulled over and charged with this offense, however, a lawyer who will be able to protect one’s rights and will be able to lead a person through the legal process can be an invaluable asset.
The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Dui Laws in Arizona

July 14th, 2009 at 09:03am Under DUI Law

Arizona is one of the toughest states when it comes to DUI. If a drunk driver is pulled over and a police officer is suspecting that a driver is under the influence of alcohol or drugs, a sobriety test followed by the breath test is given to the driver. When the breath test shows blood alcohol level above the norm, the driver is arrested and charged with DUI. DUI laws in Arizona warrant for a mandatory time is jail, which amounts for thirty consecutive days. So, if you happen to be driving on Arizona road while under the influence of alcohol or drugs, you are out of luck. What can you do to fight for your rights if you have been wrongly charged with DUI?

The question that many drivers charged with DUI ask is how accurate is the breath test given by the police? The answer is, the test is highly inaccurate. So, if you are under the allowed limit of blood alcohol level, there is still a chance you may serve thirty hours of jail time, pay the fines, get driver’s license suspension and later have a restricted driver’s license that will only allow you to drive in the course and scope of employment. Once you complete a DUI program you may qualify to reinstate your driver’s license.

 All those penalties create a hassle for the driver charged with DUI. Thus, it is important to know your rights and fight for your rights if you are charged with DUI based on the fact that flawed breath test device has shown exceeded blood alcohol level. If you think that your blood alcohol level was not above the limit, check out How To Dismiss Your DUI Charges In Phoenix, Arizona

Illinois Dui Law

July 14th, 2009 at 03:03am Under DUI Law

Illinois DUI Law

DUI FACT SHEET

DUI DEFINED: The operation of a motor vehicle in the State of Illinois while 1) having a blood or breath alcohol concentration of .08 or greater; 2) under the influence of alcohol; 3) under the influence of any intoxicating compound, compounds, drug or drugs either in combination with alcohol or alone, rendering the driver incapable of driving safely; or 4) having any amount of a controlled substance, intoxicating compound, or cannabis in the driver’s system resulting from the illegal use of that substance, compound or cannabis.

PENALTIES: If charged as a Class A misdemeanor, the potential penalty is up to 364 days in jail and a fine of up to $2,500. If charged as a Class 4 felony, the potential penalty is up to 3 years in prison and a fine of up to $25,000.00. In certain instances it may be a Class 2 Felony carrying up to 7 years in prison.

LICENSE PENALTIES: There are two types of driver license penalties associated with a DUI. The first is the Statutory Summary Suspension. This happens on the 46th day after receiving notice, and is related to the taking of chemical tests shortly after being arrested for a DUI. This suspension can range from 3 months to 3 years. There are strict time periods related to court proceedings for a Summary Suspension.      If you receive such a suspension, you have only 90 days in which to contest it in court by filing a petition, asking a judge to lift the suspension. After filing the petition, the State must give you a hearing on your license status within 30 days or the suspension is lifted. This is a complex procedure, and it is best to have a lawyer quickly to best protect your driving privileges, or to assist you in obtaining a Judicial Driving Permit (JDP), which may allow you to drive during your suspension for work, school, or medical care.      The second type of license penalty is a revocation. This takes place with a conviction on the DUI, and takes away your driving privileges without a time limit. It is very difficult to have your license restored after a revocation. Individuals who are first time DUI offenders are eligible for supervision. This is not a conviction, and will not result in a revocation. CRIMINAL MATTER: A DUI is a criminal charge, and the process after the arrest is the same as all other criminal charges. DISCOVERY: The state must provide to you and your attorney the evidence that it has against you. This would include police reports, video tapes, hospital records, test results, status of testing equipment, and all other information in the state’s possession relating to the charges. MOTIONS: This is a request by an attorney asking the judge to order that something be done. Some motions, if successful, such as Motion to Quash Arrest, Motion to Suppress Evidence, and Motion to Suppress Statement, can result in a case being dismissed. Experienced lawyers monitor the case and the evidence to determine if there are important motions to be made that affect their client’s freedom. PLEA AGREEMENT: This is when the State’s Attorney, Defense Attorney, and Defendant agree what penalty will be imposed if the Defendant pleads guilty. An experienced attorney knows what the usual penalties are for specific situations; in that way he can arrange for the best possible outcome for his client. TRIAL: In the event that there is no agreement in return for a plea (or the case is not disposed of by way of a motion), then a trial is held, and the defendant maintains his plea of not guilty. At trial, the state presents evidence to either a judge or a jury. If the state does not prove the defendant guilty beyond a reasonable doubt, the defendant is found not guilty and the case is over. If guilt is proved beyond a reasonable doubt, then the judge who presided at the trial will impose a penalty within the boundaries of the law.

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How You Can Crack Down Dui Laws in Nevada?

July 13th, 2009 at 09:03pm Under DUI Law

When you think of Nevada you most likely think of Las Vegas, and when you think of Las Vegas, certain things always come to mind: the blur of the neon lights, the monstrous scale of the strip, and the cacophonous, smoke filled casino’s where day is night and night is day and the alcohol is free for anyone who gambles long enough. Las Vegas may be just one of many Nevada cities, but the people who come to play and stay in Las Vegas may be at a higher risk for DUI than people visiting, say, the Hoover Dam.

With more than enough out of state tourists, Nevada uses harsh DUI laws to crack down on anyone caught drinking and driving within its borders. Although many states’ DUI laws are very similar, Nevada breaks the mold when it comes to blood alcohol testing, using harsh laws to ensure that a person arrested for possible DUI is always given a test to determine what his blood alcohol level was at the time of arrest.

Few Tips:

1. If I am stopped by a police officer, I have the right to consult with a lawyer to determine whether to answer his questions, or to decide whether submit to a blood or breath test.

Your constitutional right to speak with an attorney doesn’t allow you to consult with one before deciding whether to remain silent, or before deciding whether to submit to an evidentiary test of your blood or breath. It is only after you answer the officer’s question, and after you submit to the testing, that you can call a lawyer to determine what you should have done.

TIP: Although you are generally expected to answer a police officer’s legitimate “identity” type questions, you should not admit to having consumed any alcohol or any controlled substances. By doing so, especially with the controlled substances, you may be admitting to a felony. When in doubt, don’t talk. You should only agree to take tests that are required by law. Don’t volunteer to take any tests that are not required. Ask if the test is required.

2. I have the right to refuse a test of my blood or breath, even if the officer tells me to submit to one.

Years ago, it was possible to refuse to submit to a blood or breath test, without very much fallout. Today, however, should you refuse to submit to a “preliminary” test of your breath, the officer is permitted to arrest you, if he has “reasonable grounds” to do so, and to force you to take an evidentiary test of your blood or breath. If you are asked to submit to an “evidentiary” test of your breath or blood, and you refuse, the officer can use reasonable force to compel you to take the test.

TIP: Cooperate, but don’t volunteer to take tests. Your refusal to take a test may result in your being charged with an additional charge of obstructing or resisting an officer. Be polite, and if told that you have to submit to a test, then submit to it and fight about it later, in court.

3. If I am stopped and arrested for Driving Under the Influence, I am as good as convicted.

Despite the attitude of many courts and prosecutors, there are defenses to the crime which should be raised by you. Sadly, there are law enforcement officers who are not above coloring the truth and are willing to do so. Also, many officers who investigate DUI cases are not qualified to administer the sobriety tests, and they make serious mistakes in so doing. Remember this: If you plead guilty, you have a 100% chance of being found guilty. If, however, you are willing to fight for your rights, and to contest the prosecution’s case, you will have the best chance of a satisfactory outcome.

TIP: Pleading Not Guilty at the Arraignment does not mean that you cannot change your mind later. For this reason, do not plead guilty until you are satisfied that nothing can be done to improve your legal position. Your attorney will know how to advise you.

4. I can defend myself effectively in this kind of case, if I just let the judge know the facts.

If you have a headache, it is perfectly acceptable to take an aspirin or two. Similarly, a small cut on your may heal perfectly well without your doing anything to remedy it. If your appendix bursts, however, you need to consult an expert, and no one would suggest that you should personally attempt to remove that appendix. If you are arrested for Driving Under the Influence, you need professional help to get past the many pitfalls and adverse consequences. You need a competent lawyer, one who is experienced in the defense of Driving Under the Influence cases, and who is well versed on the law and facts regarding these offenses. Your investment in such representation is essential.

TIP: Hire the best attorney you can afford, one with depth of knowledge and experience in defending other drinking drivers.

San Diego Dui Laws

July 13th, 2009 at 03:02pm Under DUI Law

Driving under the influence, or DUI, is the law that prohibits driving a motor vehicle while intoxicated and a San Diego DUI defense lawyer can help you in such cases. In many states a person is charged with DUI when he is found driving with a blood alcohol concentration over .08% or .10 %, this representing the blood alcohol concentration (BAC), the percentage of alcohol in a person’s bloodstream. In most places a BAC limit is set under which people can legally drive motor vehicles, therefore, a driver’s BAC is used to determine guilt in cases of driving under the influence in which a San Diego DUI defense lawyer is the person to contact. A San Diego DUI defense lawyer is a resource for the accused to counter the influence of extremist groups advocating unfair laws, the destruction of constitutional rights and a new era of prohibition.

Often the decision to arrest depends upon the performance on the field sobriety tests (balance and coordination) and also the driving pattern (weaving, speeding or an accident, etc.). An officer can in fact arrest for simply being under the influence of alcohol or drugs with no reference to your blood alcohol level at all!

If the person charged with DUI is having a hard time finding a San Diego DUI defense lawyer, then he can immediately call 1-800-DUI-laws and a San Diego DUI defense lawyer will be provided to him in no time. If the person doesn’t like his San Diego DUI defense lawyer then he can contact DUI laws directly at 818-884-8075 and another attorney will be found for him. The person will not be charged to speak to a San Diego DUI defense lawyer about his case as the initial consultation charge is absolutely free.

For more resources regarding drunk driving lawyer or even about drunk driving chart and especially about San Diego DUI attorney please review these pages.

Arizona’s Tough New Dui Laws Make Proper Representation a Must

July 13th, 2009 at 09:03am Under DUI Law

The Arizona Legislature continues to update and change Arizona’s DUI laws, making them some of the strictest laws in the country. The Law Offices of Craig W. Penrod, P.C., would like to remind you that it is more important than ever for those charged with driving under the influence to seek proper and qualified legal representation when choosing an Arizona DUI attorney.

A conviction under the new Arizona DUI statute brings with it stiffer penalties including increased jail time, fines, an ignition interlock device and license suspension, even for first time offenders. With so much at stake, finding an Arizona DUI lawyer who can mount a viable criminal defense is imperative. A creative and experienced lawyer can be a harbor in a tempest and can help minimize the penalties which you may be facing. While having a drink and driving is not illegal, many people don’t realize when they have crossed the line to “impaired to the slightest degree” which make them subject to Arizona’s strict laws and the potential consequences which follow.

Among the laws now in place are that all offenders, even first time offenders, will be required to install an ignition interlock device in their vehicle for at least one year. This acts as a breathalyzer which you are required to blow into before starting your vehicle and intermittently while driving. If the device detects alcohol, your vehicle will not start and your failed attempt will be reported to the Motor Vehicle Division. In addition to the cost of installation, this device costs the consumer an average of $80 a month.

Other penalties under the new law for first time offenders include a minimum 90-day license suspension, up to six months in jail and fines beginning at approximately $1,800. The amount of fines and your jail sentence increase depending upon the result of your breath or blood alcohol analysis and whether it is a first, second or subsequent offense. The law is clear and the penalties are harsh. If you have been charged with driving under the influence, the fact remains that you have rights. And those rights should enforced by an experienced DUI attorney.

While no attorney can ever guarantee the outcome of your case, the Law Offices of Craig W. Penrod has limited its practice to DUI and criminal defense, and employs a team concept in which four of the finest DUI lawyers in the state work together to champion your cause. Don’t wait to consult an attorney and retain the legal representation you need.

Maryland Dui Law – What are the Penalties?

July 13th, 2009 at 03:02am Under DUI Law

DUI laws vary by state, so it is important to understand the laws specific to where you have been charged when going about your defense. Most states assess different penalties depending on your level of intoxication. The state of Maryland is no exception.

There are three different types of drug and alcohol related charges you can be convicted of in Maryland. The penalties are more severe for your second offense than they are for your first offense.

In order to determine whether or not you are intoxicated, the police officer will perform a series of field sobriety tests on you. If he suspects that you are impaired, he will ask you to submit to a breath test. If you refuse the breath test, your license will automatically be suspended for 120 days and it will be considered an admission of guilt in court.

If your blood alcohol level (BAC) is between .07 and .08, you will be charged with Driving While Impaired (DWI). The penalties for a first offense DWI are:

· Maximum 2 months in jail

· $500 fine

· 8 points on your license

· Suspension of your license

The penalties for a second offense DWI are:

· Maximum one year in jail

· $500 fine

· 8 points on your license

· Suspension of your license

If your BAC is .08 or greater, you will be charged with Driving Under the Influence (DUI). The penalties for a first offense DUI are:

· Maximum one year in jail

· $1,000 fine

· 12 points on your license

· 45 day suspension of your license

The penalties for a second offense DUI are:

· Maximum two years in jail, minimum five days if both convictions are within a five year period

· $2,000 fine

· 12 points on your license

· 90 day suspension of your license

You do not need to be drunk to get a DUI. You will be charged with Driving Under the Influence of a Controlled or Dangerous Substance if you are impaired by something other than alcohol or common non-prescription medication. This covers impairment from illegal drugs as well as prescription medication that inhibits your ability to drive.

The penalties for a first offense are:

· Maximum one year in jail

· $1,000 fine

· Suspension of your license for up to a year

The penalties for a second offense are:

· Maximum three years in jail

· $3,000 fine

· Revocation of your license and referral to the medical advisory board

The penalties for each of these offenses are greater when you are transporting a minor. Your first and second convictions will be misdemeanors. On your third conviction, all subsequent DUI infractions will be felonies.

If you have been charged with a DUI, you have ten days to request a hearing with the Motor Vehicle Association (MVA) to keep your driver’s license. If you fail to request your hearing in this time period, your license will automatically be suspended.

A DUI conviction may also cause problems with your insurance company. Many insurance carriers will either drastically raise your rates or possibly cancel your policy once they become aware of your conviction.

It is important to consult an experienced DUI attorney immediately after you’ve been charged. He will be able to help you deal with hearings and insurance company issues. Proper representation will greatly increase your chances of reducing your sentence. A good attorney can sometimes get you a Probation Before Judgment (PBJ), which would keep your DUI offense off of your driving record so that your insurance company will never know about it.

If you have been charged with a DUI offense in the Baltimore, Maryland area, please contact the law offices of Jimeno & Gray, P.A. today to schedule an initial consultation.

A Few Points Worth to Know About Kentucky’s Dui Law

July 12th, 2009 at 09:02pm Under DUI Law

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?

Dui Law – Under New Arizona Dui Law Convicts Get More Time

July 12th, 2009 at 03:04pm Under DUI Law

Phoenix, Arizona – The new Arizona DUI Laws quietly took effect on September 26, 2008. The revised law has been so quiet that it has gone all but unnoticed in the media.The new law piles on the amount of jail time for a first conviction for extreme DUI. Under the old law, a person convicted of having an alcohol concentration of .150 or greater would be sentenced to at least 30 days in jail. Of the 30 days, all but 10 days in jail could be suspended. This was the sentence that most people would get. No longer.Now, under the new law, Judges are powerless to suspend any of the 30 day sentence. This means that the minimum jail sentence a person convicted of extreme DUI in Arizona will get is 30 days.For second offense convictions it gets even worse. Now a judge must put the second offender in jail for 120 consecutive days. The Arizona legislature simply eliminated a judge’s ability to suspend 60 days.

Many believe that the reason for the legislature’s action is that they simply don’t trust judges to do what will make state politicians look good, especially in an election year.Not only does this mean more people will be doing more time in jail, it also means that the system will be further burdened. In an already crowded criminal court system, DUI lawyers will have to fight more cases to help their clients avoid a jail sentence that can be life-altering to say the least.Time will tell whether these new Arizona DUI penalties are effective at reducing the numbers of drunk drivers and DUI related accidents. One thing is for certain, it is not good to be charged with DUI in Arizona, especially in an election year.

Top Reasons to Know Your Dui Laws

July 12th, 2009 at 09:03am Under DUI Law

DUI laws now entail reform which will continue to sweep the nation. In the past it was a few states that took the forefront when it came to arrests and prosecutions. Some instances may have seemed onerous or even is some cases unconstitutional. Yet, despite opposition. Many of these changes in legislation are now law.

Myriad states have been under serious pressure to lower the thresholds for evidentiary prosecution and to raise the bar in regards to ramifications and punishments. Activist groups like SADD and MADD have for many years led the charge for reform and are no longer small groups with a weak cry. In fact, they are well organized and well funded. The type of resources they wield equates to political clout.

It is no secret that politicians whether incumbents or those up for first time election make DUI reform part of their political platform. This is despite opposition by civil rights groups who will argue that many of the changes border on violations of civil rights. Many of the tactics and procedures being used in the majority of the United States by police officers and sheriff departments have been characterized as being Draconian and at minimum onerous.

The opposition has achieved little traction in their efforts to dilute widespread reform as it is has become clearly politically incorrect to appear to condone drunk driving especially when so many states can tout death rates due to alcohol related accidents diminishing at an unprecedented rate. These statistics have been the impetus to quickly attract some of the states that were lagging in DUI reform.

Some states have actually initiated test programs whereby under specific circumstances if a police officer who senses a motorist may be intoxicated to the point they exceed the legal limit (in most states is .08 for Blood Alcohol Content), then the motorist is subject to immediate imprisonment if they do not agree to a field chemical test. The motorist in some scenarios is then taken to the police station whereby a round the clock rotating judge system awaits them. It could be adjudicated that a blood sample be drawn voluntarily or involuntarily.

If the above sounds over the top to you, you are by no means in the minority. Few individuals realize that the majority of states require a series of implied concessions to receive a driver’s license in their state. You have agreed to many of the procedures and potential consequences as a predicate to the issuance of your license.

These laws are sometimes referred to as a violation of the state’s per se laws. In addition, most states are now moving to what is called an actual physical control state. This means any individual, not just the driver, may be prosecuted. The law stipulates that an individual must have exclusive physical power and present ability to operate, move, park or direct whatsoever a motor vehicle.

Types of DUI laws can be complex and confusing. If a person is asleep or simply sitting in a motor vehicle they may be guilty of DUI. It is critical that you research and hire a quality DUI attorney. Do not settle for deals or vague promises of success. The cold truth is that the prosecution is not looking to find you innocent. A skilled and experienced DUI attorney is paramount in order to have a chance for a positive outcome.