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Archive for the ‘dui laws’ Category


Lasting Effects of DUI

Saturday, June 6th, 2009

Most likely, your concern when arrested for DUI is your immediate freedom and restoration of driving privileges. These are very pressing concerns because a DUI conviction typically leads to loss of driving privileges and prison terms.

However, there are long-lasting effects that you need to handle after settling your immediate concerns. Aside from the economic effects, the criminal record or history will haunt you forever.

It will be much worse if your DUI offense was as a felony. This consideration would depend on the case specifics (habitual offender, property damage with high value, serious injury/accident/or death, etc.).

So if you have a felony DUI, then you need to reduce it to a misdemeanor at least. Your DUI attorney can help you with this. Basically, you would need to obtain a “pardon” by petitioning your state Governor and requesting for a conversion of your felony case to a mere misdemeanor.

Then, once pardon is obtained, you can go through an “expungement” process where your misdemeanor record can be cleared. Of course, this may not be granted to all cases, but there’s no harm in trying. Again, it’s important to do all these with the help of your DUI attorney. You can search online for various attorney directories in order to find the right professional help that you seek.

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Effectiveness of Breath-Alcohol Odor

Tuesday, June 2nd, 2009

In every DUI case, the officer is always prepared to testify against the arrested suspect, especially for breath-alcohol. If the arrest report doesn’t include such odor, then the suspect would probably be booked for driving under drugs’ influence. In other words, alcohol on a suspect’s breath would always be the observation encountered in every DUI case.

It’s also the most damaging because the jury would inevitably conclude that “when there’s smoke, there’s fire.” This means that alcohol present on the breath would lead to alcohol present in the body.

Fortunately, your DUI lawyer can raise two effective defense attacks:

  1. -Question the source of smell
  2. -Question the intoxication conclusion

One important point to take note: basic alcohol does not have any odor (or only a little). The fact is: the officer only smells the “flavoring odor” of the drink (wine, gin, beer, and scotch). And this odor can be deceptive as to the drink’s strength and amount consumed. For example, beer and wine will leave the strongest alcohol odor yet they’re the least intoxicating ones. In fact, a single beer can smell stronger on the breath than several martinis.

Furthermore, the smell of alcohol can be detected from a person who consumed a “near beer” beverage. These are non-alcoholic beverages made from yeast, hops, malt, and grain. It tastes, smells, and looks like regular beer but it does not contain any alcohol at all.

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DUI Case Role Play: A Good Reminder

Wednesday, May 27th, 2009

Does DUI mean that the driver is weaving all over the road sloppy drunk? Not necessarily. This was found out by around three dozen high school students from Riverside. The consequences could be as severe even if you went behind the wheel drinking only one cocktail made with cranberry juice and vodka.

Students witnessed the final act of a role play – a DUI case for the trial of Amada Wallace played at Pittsburg City Hall. “You can be pulled over for not signaling or for leaving the lights out even if you’re the perfect driver,” said Karen Zelis Holder, Deputy District Attorney, during the closing remarks. “But if the police detected alcohol odor or saw signs of red, watery eyes, then they could conduct field sobriety tests right away.”

“Thank goodness no one got hurt,” she added, emphasizing that there were other passengers in the car. Then looking at the teenagers in the crowd, she warned “Abide by the laws if you are going to drink or you will end up here.”

This courtroom scene is part of a program named “DUI Court in the Schools” – a joint effort of state Department of Motor Vehicles, Sheriff’s Office, Public Defender’s Office, District Attorney’s Office, Contra Costa County Superior Court, and participating school districts.

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DUI Boating in California

Monday, May 25th, 2009

DUI boating is also known as drunk boating or boating under the influence. It can happen in an ocean, a river, or a lake. It’s the same as operating a land vehicle with a BAC (blood-alcohol concentration) of .08%. And in California State, it’s a criminal offense.

Section 655 of Harbors and Navigation Code explains this rule in detail. It states that no person shall operate or manipulate an aquaplane, water ski, or similar device while under drug or alcoholic beverage influence. The symptoms include:

  • *Erratic driving of watercraft
  • *Lack of current and visible registration
  • *Equipment violations (life preservers, navigation lights)
  • *Right-of-way violations
  • *Speeding

Upon suspicion, officers may conduct chemical testing (blood or breath), field sobriety tests, and preliminary questioning. Although the defenses or consequences for DUI boating are similar to a regular DUI, they’re not truly identical. However, fines, probations, and jail sentences may still ensue.

One important key fact to note: a DUI boating conviction is “priorable” – this means that if you’re charged with another DUI in the future (the next 10 years), it will be regarded as a second offense. And the consequences for second offenders are usually much harsher than first timers.

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“I want a Lawyer”

Saturday, May 23rd, 2009

DUI wasn’t a big thing twenty or thirty years in the past. As long as you didn’t cause an accident or no one was hurt, you will just be given some points on your license, small fine, probably a mandatory DUI Class, and one night to sober up in jail.

Today, however, things are different. First time offense can give you significant jail time, hefty fines in most courts, costly and extensive classes to attend, and probably some community service requirements. Some insurance companies even routinely cancel the car insurance if a person has a DWI or DUI conviction.

So what can you do to prevent all this? First of all, don’t try to explain anything to the police officer arresting you. Remember that “anything you say may be used against you…”

As soon as you are arrested, cooperate fully with the police officer and say these words “I want a lawyer.” These should be the first words as well as the last that goes out of your mouth. Then repeat these words often. It would help you avoid more problems and even stop the police officer from questioning you further.

A lawyer can minimize your sentence or even throw your case out of court. Of course, there are no guarantees, but without contacting a lawyer, it may be difficult or impossible to acquire leniency before the judge.

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Using Ignition Interlock Systems

Tuesday, May 19th, 2009

A sophisticated system that tests the driver’s breath for alcohol is called Ignition Interlock System. It’s a device requiring the vehicle operator to blow through an alcohol sensor unit attached to the vehicle’s dashboard. And if the BAC is above the preset level (around .02 to .04 BAC), the car cannot be started.

Some alcohol safety interlocks do not only require one test to start the engine, but it also calls for the test every few minutes while the car is running. This is called a “running or rolling retest” and would prevent drunken drivers to use their friend’s breath in the test to start the car.

All DUI offenders can benefit from ignition interlock use. Their lives will remain undisrupted and they can still use their car – to run errands, pick up their children, go to work, etc. At the same time, installing this device will also remind them that their right to drive comes with a responsibility to be sober each time they want to control the wheel.

The use of an ignition interlock system is also required as provision of parole/probation. DUI offenders better ensure that they use this device properly when they get behind the wheel to avoid jail time.

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DUI Conviction of Airline Pilots

Friday, May 15th, 2009

Are you wondering about DUI rules on airline pilots? Federal Aviation Administration (FAA) has set a rule that those commercial pilots who are convicted (not just arrested for) DUI must report it on their medical application at the time of their renewal. Then, they must notify FAA Civil Security Division in writing.

The FAA should be notified within 60 days after the date of incident. Disclosure on a medical certificate or calling the local FAA will not suffice. In addition, the pilots should report any action taken on their driver’s license emanating from a DUI arrest. For example, refusing a breath/blood alcohol test or failing a test.

This report should also be made in writing and submitted to FAA’s Oklahoma Office within 60 days of suspension. In cases where a particular pilot suffers from both an administrative license suspension and a DUI conviction, he must report both of them to Civil Security Division or else face a non-reporting violation.

However, note that only one of these two reports may be used for suspension or revocation of your license. According to FAA, they need at least two separate incidents within three years to deny your application or suspend/revoke your pilot license.

Protect your license and get help through this mess. You can call AOPA (Aircraft Owners and Pilot Association) or search for a lawyer directory online to seek assistance.

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DUI Cases using International Drivers Licenses

Monday, May 11th, 2009

Out there, a misconception exists that if you lose your license due to a DUI charge, you can still drive using an “international driver’s license.”

Be very careful. If you see a website that sells an international license and says you could use the license to avoid suspension for United States DUI, don’t jump on it too quickly. It’s best to consult a DUI lawyer before you try it. Based on lawyers’ professional experience, these might be scams.

For example, if you get a DUI in Arizona, the state will suspend your driving privileges in Arizona only. Even if you came from Washington and you own a California drivers license, your driving privileges in Arizona can still be suspended.

This means that you can drive legally from California up to the Arizona border only. It will not matter if you get an Oregon driver’s license in exchange for your California license. The reality still remains that if you drive in Arizona, you’re breaking the law. You’ll only be allowed to do so once Arizona reinstated your driving privileges.

It’s important to note that a “driver’s license” is different from a “driver’s privilege.” A state has the ability to revoke your driving privileges in their state, but not the driver’s license (unless it’s also from the same state, although, motor vehicle compact may also revoke your license in your home state).

Therefore, even if an international driver’s license is valid in another country, it will not reinstate your driving privileges with the state where you got a DUI charge.

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The DUI Trial Process

Sunday, May 10th, 2009

Some DUI cases are resolved or thrown out before reaching trial. However, many will still reach this climactic point.

Jury selection is the first segment of any DUI trial. Juries are selected from potential jurors “pool.” They are usually questioned by prosecution or defense (like requesting certain potential jurors to be removed). For instance, if one of the potential jurors has strong ties with Mothers Against Drunk Driving (MADD), he or she may be taken out of the jury. This is done so that dispositions are not biased and a fair verdict will be achieved.

When trial begins, both prosecution and defense starts their opening statements. Evidence and witnesses will be presented and the opposing party may cross-examine them.

Lawyers from opposing camps will have the final chance to convince the jury during the closing arguments. Typically, the prosecution will prove guilt while the defense will argue innocence. Then, the judge will give instructions to the jury.

It’s now time for deliberation and conclusion. Some cases will take a few minutes while some take a few days. Upon reaching the verdict, the courtroom clerk will read it aloud.

With this process, it would be unwise to hire a lawyer who doesn’t specialize in DUI law. And don’t even try to defend yourself. A DUI charge is a serious matter and should be given to the hands of the expert.

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DUI Arrests are Repeat Offenders

Friday, May 8th, 2009

A recent study published in Denver Post found that out of the drivers charged with DUI every year in Colorado, 10,000 have already been arrested for the same offense. In fact, from 2005-2007, the unique offenders are just above 31,000. This means that there is roughly one out of three drunk drivers repeating their offense and habitually breaking the law.

Out of the 10,000 drunk drivers, these are also true:

· 5,679 had three prior offenses

· 84 had 10 offenses

· 5 had over 20 offenses

The city of Colorado did some steps to combat this issue. One of them is dropping the DUI threshold from .08 to .10. However, there was little improvement that occurred since 2004.

Now, there are some discussions taking place in the state. Organizations such as MADD (Mothers Against Drunk Driving) have been lobbying for a change in Colorado’s laws.

Therefore, lawmakers plan to make drunk driving as a felony offense after several occurrences. In other states, this is already being done – sending convicted drunk drivers to jail after a certain number of offenses. However, Colorado has no limit to the DUI charges that you can obtain in your lifetime. The state has attributed this issue to budget problems.

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Boston’s DUI Laws

Thursday, May 7th, 2009

In Boston, defending against DUI (Driving Under the Influence) is very tricky. You must hire Boston lawyers who understand medical and scientific concepts. Also, they must be experienced in questioning tough witnesses, including police officers and scientists.

The DUI punishment in Boston set by the state statute is also incredibly complex. Basically, there is a range of possible sentences but it has modifications for things like:

  • *Refusal to cooperate in chemical testing
  • *With a BAC (Blood Alcohol Content) over .20%
  • *Having a child (less than 14 years old) in the car
  • *Speeding over the limit (more than 20mph of the speeding limit)
  • *With prior conviction within the last seven years

In addition, the actual sentence in a DUI case may be affected by the following:

  • *Policies of prosecutors and local court
  • *Weaknesses in the case exposed by defense lawyers
  • *Facts of the case
  • *Reputation of the lawyers

All of these are independent of DMV (Department of Motor Vehicle) suspension, which can be complicated and determined separately.

Unfortunately, general practice lawyers with little or no experience in DUI attempt to represent clients in this field. Always remember that only an experienced DUI lawyer who specializes in drunk driving cases and blood alcohol analysis could effectively handle these administrative and criminal proceedings.

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Your DUI Case is not Hopeless

Tuesday, May 5th, 2009

A DUI charge doesn’t necessarily lead to instant convictions. Actually, there are many ways to challenge it. If you speak to an experienced DUI lawyer, he or she can assess your case. In many instances, an attorney may clear your record fully, or keep consequences to a minimum at the very least.

Challenge your initial arrest – when you’re arrested by a police officer under suspicion of DUI, he or she should have a probable cause as prescribed under the United States constitution. If your arrest is based solely on a random basis, an anonymous tip, or on “suspicious” reasons such as race and ethnicity, then your DUI lawyer can question this arrest.

Challenge your questioning – upon arrest, officers must read your “Miranda rights,” which is composed of specific rights to remain silent, entitlement to a lawyer, etc. So if you’re arrested and the officer didn’t recite these famous lines, your DUI lawyer’s defense will move towards a violation of your rights.

Challenge your tests – in most states, officers will require a test (urine, saliva, blood, or breath test) to check the level of alcohol in your blood. Even if you failed on these tests, your DUI lawyer can question the functionality and maintenance of breathalyzers, as well as the medical qualification of the person who did the blood alcohol testing. On these grounds, your case is definitely not an instant losing battle.

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The Toughest DUI Laws in the Country

Sunday, May 3rd, 2009

Washington State carries the stiffest DUI penalties in the country. A single arrest will dramatically change your life. Therefore, it’s important to retain a Washington lawyer experienced in DUI cases. If your lawyer is familiar with prosecutors and local practices, you have a higher chance of meeting the special rules and demands of the court, and therefore enhancing your chance of winning.

Here are some key aspects of the tough DUI laws in Washington:

· Immediate appearance – most courts will take maybe a month or two before prosecutors file your DUI case. But not in Washington. If you are arrested for DUI in this state, a court appearance will be required from you within 48 hours starting from the next business day.

· Pre-trial release policies – the prosecutors of most courthouses will not seek to increase bail during the first court appearance. However, Washington prosecutors will usually request pre-trial release conditions and substantial bail on all DUI cases. These include things such as abstinence from all alcohol, immediate installation of devices such as ignition interlock, and attending alcohol abuse classes as well.

· Oftentimes, alleged DUI offenders (who will appear in court unrepresented) are taken immediately to jail until they post bail. No credit cards or personal checks are accepted for it. They really have to stay in jail until arrangements are made. Therefore, it’s critical that an experienced DUI Washington lawyer represent them and ensure their immediate release.

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Driving is only a Privilege

Friday, May 1st, 2009

In the United States, there’s a common misconception that anyone has the right to drive. But this is not true. If you would look at the constitution, there is a right to life, liberty, as well as the pursuit of happiness. There is nothing there that says any person has the right to drive.

Therefore, driving motor vehicles can only be considered a privilege. And that privilege can be modified or taken away based on certain conduct or several issues such as DUI cases. If you understand this, you will also understand why many constitutional and procedural safeguards don’t apply when you drive a motor vehicle after a DUI arrest.

Also, driving can be removed with due process. Usually, this process involves an administrative hearing in the court of a DMV (Department of Motor Vehicle) law judge. When you’re facing these issues, make sure that you seek attorney consultation right away. Take note that there are 50 states, and each one has their own licensing department.

Some states even have a department for driver improvement. It’s typically their job to investigate drivers who seem to have higher risk than others. They also make sure that the minimum safety standards are followed. Aside from DUI cases, they may also investigate drivers with histories of instability or mental illness, drivers on anti-seizure drugs or other medications, and elderly drivers as well.

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Drunk Driving: A Serious Charge for Teens

Thursday, April 30th, 2009

According to statistics, nearly 70% of teenagers have already consumed alcohol - whether hard liquor, wine, or beer.  Even if it’s illegal to sell these beverages to minors, still, there are irresponsible people doing it.

In fact, many teens have been caught for DUI (driving under the influence).  Also, more than 3,000 teens die of drinking and driving every year.  Why does this happen?

Most of the time, teens succumb to peer pressure.  Since parents do not allow them to drink at home, they resort to drinking in parties and neighborhood hangout.  And because of inexperience with alcohol, they often consume more than they could handle.  Therefore, they’re intoxicated while driving home.

The 18-year-olds record the highest crash rate.  Apparently, they feel that they’re indestructible, especially if alcohol is in their blood.

Though alcohol limit is usually between .08 - .10, most states apply zero tolerance laws to teen drivers.  So if teenagers are caught with any blood alcohol level (BAC), he or she will immediately be arrested by the police and charged with DUI.

Take note that this is a serious offense.  So when this happens, consult a DUI lawyer right away.  Lawyers can give help and legal assistance.  They can be found online through numerous websites and lawyer listings.

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Avoid these Common Mistakes in DUI Arrest

Monday, April 27th, 2009

A DUI (Driving Under Influence) arrest can leave you hanging by a thread. After a stressful police encounter and jail nightmare, it’s predictable that everyone in your life right now are giving you different opinions on what to do next. And if you want to end it all, you need to avoid these common mistakes:

  • Failure to consult a DUI lawyer

Most people arrested for DUI get advice from family and friends, police, other people arrested for DUI, and lawyers who don’t specialize in DUI defense. Don’t make this mistake!

Since DMV (Department of Motor Vehicles) administrative laws and DUI laws are very complicated, it’s very important to consult with a lawyer who specializes in DUI defense. Only DUI lawyers can help you with accurate advice on the next step that you should take.

  • Failure to request an administrative hearing from DMV

It is wrong to assume that it’s hopeless to fight for your case. There are many reasons why you should apply for DMV hearing including the following:

    1. *Your defense lawyer could question the police officer who arrested you – this may help lift the  criminal case
    2. *It’s possible to win the case – DUI lawyers know how to challenge DUI license suspension or revocation with many reasons
    3. *You don’t want to give up your license - take note, you only have 10 days (from your arrest date) to apply for this hearing. Failure to do so will automatically suspend your driver’s license.

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New Kansas Law calls for Stronger Penalties

Wednesday, April 22nd, 2009

The governor of Kansas signed a new DUI law to strengthen their existing penalties. The state will form a task force called the “Kansas DUI Commission.” The objective of this group is to review existing laws, compare them to others, and suggest improvements.

The signing of the bill came 6 months after Claudia Mijares and Gisele (her 4-year-old daughter) were killed by a driver under the influence of alcohol. The sad part is that they were just crossing the street to Wichita school when it happened.

It was shocking to find out that the driver, Gary Hammitt, already had 4 DUI convictions but he still possessed a valid driver’s license. Now, he was sentenced to almost 40 years in prison when he pleaded guilty to second-degree murder (2 counts).

The state’s Substance Abuse Policy Board admitted that the DUI laws of Kansas were so dysfunctional and complex – in fact, the system truly needs a complete overhaul. Lawmakers believe that this newly-formed commission will create an effective system to prevent future crimes, and eventually, future victims as well.

The new DUI commission includes law enforcement officers, prosecutors, judges, and legislators who will submit their initial report at the start of 2010 Legislative session and then the final report will be provided during the 2011 session. Some of the provisions consist of stiffer penalties to take effect on July 1, 2010.

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DUI Penalties in Kansas

Wednesday, April 22nd, 2009

Like any other state, Kansas has its own DUI (Driving Under the Influence) laws and penalties. Generally, drivers suspected of drinking and driving need to cooperate with urine, breath, or blood testing to determine alcohol content. This is called “implied consent laws.” If a suspect rejects this, the license can be suspended.

Here are other considerations:

· Blood-Alcohol Concentration (BAC) – any driver with BAC above .08% is already considered “intoxicated” under the law. When this has been proven and substantiated, a driver can be convicted of DUI or DWI (Driving While Intoxicated).

· Enhanced Penalty BAC – some states have more stern punishment for BAC of .15%-.20% above legal limit. These enhanced penalty laws are not available in Kansas.

· Zero Tolerance BAC – all states have “zero tolerance laws” focused on drivers who have not yet reached the legal drinking age. For Kansas, however, people under 21 years old who have BAC of .02% or more are the ones subject to DUI penalties.

· Mandatory Alcohol Education – treatment for alcohol abuse and alcohol prevention programs may be required for Kansas offenders. These steps can take the place of paying fines or serving an imprisonment sentence.

· Administrative License Suspension or Revocation Penalties – For drivers declining to submit to urine, breath, or blood testing, penalties vary from temporary or permanent removal of the license. First offense in Kansas is for 90 days, second offense is for one year, and third offense is for three years.

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Various Tests in Field Sobriety

Tuesday, April 21st, 2009

Sometimes, do you wonder how police officers know if drivers are drinking and driving? It’s simple. An officer usually asks suspects of intoxication to perform voluntary tests. These are called “field sobriety tests.”

These tests have exercises that will determine if a person still has lucidity, motor skills, and balance. Some of them are as follows:

· Finger to nose – this will require the individual to stand straight, feet together, close their eyes, and touch their nose with an index finger. Officers usually look for muscle tension, eyelid tremors, or body sway.

· Walk and turn – individuals will take “heel-to-toe” steps in one line and then turn to take the same number of steps back. Officers are checking whether the drivers can still follow instructions, balance, and be coordinated.

· Rhomberg Balance Test – drivers will be asked to tilt their head back, close their eyes, and then count silently for 30 seconds. Officers observe if they can stand steady and find out if their internal clock is sped up with stimulant use or slowed down with alcohol intoxication.

· Follow the pen – officers place an object 12 inches from the person’s face and then move it from side to side. They are watching for trembling or involuntary jerking of the eyeball.

In addition to these roadside exercises, some officers also have a “Breathalyzer test” that can check the BAC (Blood Alcohol Content) of a person through their breath. It is a chemical test that will estimate their intoxication level.

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The honorable Judge M. plead guilty to DUI

Saturday, November 15th, 2008

A judge in cook county is planning to plead guilty in the latest case of drunk driving, the attorney of the judge has indicated on the latest appearance in the court which was done on Friday. The judge who is now 47 years old and comes from the beverly community, potentially could face up to a whole year behind the prison bars if and when the judge gets convicted in this latest DUI case. Some of the main case prosecutors indicated that she has continually refused to conform to the standard test and take breathalyzer when the almost fatal accident involving the chevy blazer and family van occured. What has happened according to the police report is that she still continuned to drive even after the DUI collision came into place.

At this time she has been assigned to only perform administrative duties, and her status is not very clearly known. There might possibly not be any trial but there is a possible jail time as well as the fine associated with this DUI case involving the minivan and the family of five people according to one source, which is assistant atty General Daniel Nikolic. There are also other fines for not reducing the speed in connection with this same DUI incident.

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New State Law Is Giving The Illinois DUI Residents a Memorial Sign

Saturday, November 15th, 2008

In the state of Illinois, a person called Joel Mains tried to recently lead a news conference in the full cooperation of the Cook County Circuit, the Illinois Department of Transportation, and the Alliance Against Intoxicated Motorists. They finally unveiled a new type of a sign that they hoped will try and prevent the state of Illinois DUI or Driving Under Influence number of fatalities. The actual law came to the effect in January of 2008 and basically enables the new memorial signs to honor those who were killed in the fatal DUI or Drinking Under Influence accidents. The signs are to be placed at the exact crash site on any number of the state owned highways.

Some initiators indicated that when other people passed by the crosses and flowers on the highway and roadside they got the feeling and knew that something serious involving had happened there, but immidately it wasn’t evident what exactly it was. They additionally said or expressed opinion that they were hoping for the signs placed on the highway letting people know about the cause of the death, which was a result of a DUI or drunk driver and that it would serve as a reminder and raise complete awareness about the dangers of drinking and driving on the roads of Illinois.

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Deputy and the Officer try to argue over the related DUI incident

Friday, November 14th, 2008

A cop who pulled over a not on duty sheriff deputy on the yet to be determined suspicion of DUI and drunk driving was what it seems tried to help the fellow officer, the audiotape of the traffic pit stop has confirmed this finding. The conversation revealed some details about what the pair was arguing. It seems the officer was trying to help the other deputy by saying “You know you’ve been drinking probably a little too much.” I saw the alcohol in the car. I can smell it.” and also “You’re a sergeant now. You get to keep your job, and that’s your career.”

The other deputy however kept on insisting that he has done nothing wrong in this DUI incident involving alcohol and said that he had not done anything bad on the road yet and was not speeding at all. However the  other officer has said  that he did go off road and called him a liar.  Suddenly the tone of the conversation went from the calm and mild to basically lot of arguing. At one specific moment in time the officer was quoted saying “”You’ll be lucky if you have a job after this. Now, sign the ticket, keep your mouth shut and go home.” However when all was finished and completed in this DUI case the deputy was cited only for a wrong lane change.

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DUI with a child, drunk driver found in van with minor, family drunk

Thursday, November 13th, 2008

It seems that according to some very credible sources a Kelli T. was finally arrested and brought to justice for the crazy driving and drinking incident involving the minor. When she was pulled over the police officer found her own one year old only son in her own minivan and immidately tried to reach for the actual relatives to help and come take the child away.

But to surprise of the police officer, when actually the three relatives came onto the scene to try and pick up the child, the officer in charge and on duty at the time found that they too have all been exposed to alcohol and had pretty much been drinking for a while it seems.  The actual child father, was among the first ones to arrive onto the incident scene. Once officer actually found out that even he had been drinking, they charged him and he was immidately taken to the local jail as his wife which is also being charged with DUI or driving under influence of alcohol. The grandparents finnally arrived on the scene as well, but they were intoxicated as well, but luckily the grandmother was not of the legal limit. The officers could not believe so many people including most of family members would be drinking and driving.

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The new beer or alcohol class in Wisconsin is raising some very serious issues

Thursday, November 13th, 2008

The University of Wisconsin finally said earlier in the week that it will begin offering to the students a new  wine and beer brewing classes, starting early this this spring all within the the instruction of a senior person.  According to some research this will be the first campus in the United States to offer this type of course as well as some DUI courses. State of Wisconsin is also well known for having the biggest alcohol drinking rate in the whole country, which is intresting.

The actual course being offered at the campus will try to teach students and other people about fermentation and how to brew beer.  Some beer companies have already donated their own equipment to help the class with the whole process, this will allow them to easily make 10 gallons of quality beer by using the given process.  By the time the term ends the hope is that the students will be able to criticize a sample, and the actual rest of the beer that was produced will be discarded or destroyed.

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Organizations against drunk driving in California

Sunday, September 21st, 2008

There are many organizations which are against dui and one of the more bigger ones is MADD. Mothers against drunk driving organization has been around for quite some time. It is an organization that protests against those who take drugs or alcohol when driving. They also try to teach younger teens about the consequences of driving under influence and the effect it can have on other peoples lives. Presentations are usually held in schools and effects of DUI are showcased to the teens. They feel that they can make a positive effect on the teens and make them less likely to commit this offense. Other organizations also do get involved in trying to discourage anyone from participating in an dui. Ads are made on tv showcasing the dangers of drinking and driving. In california both public and private organizations are involved in trying to promote the message not to commit dui violations.

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High school student pulled over extreme speeding and DUI

Thursday, September 18th, 2008

The Chicago Tribune reported a story that a high school student was recently pulled over after police noticed the car was going 118 m.p.h. near Merrillville, IN.  The 17 year-old girl told the police she was in a extreme rush because she was going to be late for her classes in the school.

According to the one independant police report, the actual girl, who was driving a red 2000 Toyota Celica vehicle, was pulled over for doing slalom driving in traffic.  The police officer has detected the bitter smell of alcohol and substance.  During a breathalyzer test, the girl finally showed or registered way higher than normal alcohol level reading in blood it was shown to be .08 percent.  She was later finally arrested for operating or driving a vehicle when being seriously intoxicated and fined/ticketed for extreme, reckless and unsafe driving also she has been charged with the unsafe lane movement and speeding while not having a valid driver’s license to begin in her possession.

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Dire Dui and DWI consequences after reading about a Hammonds Case

Wednesday, September 17th, 2008

Hello folks, just found out something very intresting about Hammonds DUI case. It seems the person involved with the accident had alcohol blood level which was below the norm. But still in the court it would not hold up against the arguments which the Judge brought forward in the local jurisdiction. This seems like an intresting case for a lawyer who has been involved for many years in the DUI cases. What makes the Hammonds DUI case particularly intresting is how it was handled by the local courts. In some instances it brought a new way of looking into the same old mirror and illustrated some very intresting points surrounding the hype of “cattera”. When you have a chance I would definately recommend a good reading of this case as it may help either you or your client in the future.

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Legal Limits for DUI and DWI in the state of California in United States

Tuesday, September 16th, 2008

Are you legal ? In 2004 actually all 50 states have established a formal or general legal level of alcohol in your blood. It is .08%. Howver lot of states including California are enforcing extremely strict zero tolerance regulations and laws for people who are less then 21 years old. These kinds of people are considered minors as per substance abuse regard. In state of California the DUI means you are simply under the influence of any mind altering substance such as alcohol. DWI however refers to you being impaired while driving. This for example could stem from drug or alcohol related charges and usually is the case.

Did you know that in California alone there were over 250,000 individual cases of DUI incidents during the year of 2007. This number is heavily on the rise and one of the major drivers is the bad examples uttered to teenagers through celebrities, especially Hollywood stars. In recent studies it has been shown that teenagers are heavily suspect and under lot of influence from media and celebrities about how to behave in DUI / DWI related incidents. We hope however that these numbers will change and that California will become more sober state.

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DUI Fines

Tuesday, September 16th, 2008

It has come to my attention that fines can be paid off through community service. If the fine is actually too much for an individual to pay, it can be payed off through credit or community service. Fines do range anywhere from $300-$1000, but for more serious offense it can be thousands of dollars. California courts allow for the individuals to pay off their fines by simply providing services for the state. Dui incidents in california are a common occurence and it should be noted that there are many people who end up doing voluntary services.

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California Dui Case Procedures

Tuesday, September 16th, 2008

What to do when charged with an offense??? First step would be to hire an attorney in order to assist you with the charges. The court will expect you to find one yourself and make your case presentable prior to the court date. It is important to go over the case and discuss all the possible clauses, the evidence also can’t be undermined and must be fully brought up during the proceedings. The more evidence towards a case the better of one can be. In California attorneys can be found in almost every town and community, sometimes it is better to hire one with great dui and dwi experience. If attorneys have been associated with other california dui cases you might be able to spot them easily and use them in your own case.

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California drivers with prior DUI and DWI convictions at high risk

Tuesday, September 16th, 2008

As according to studies conducted by some independant research organizations, last month it was shown that there is a remarkable 7.1% higher chance of someone with prior conviction in state of California to be involved in fatal crash or accident. The studies were done and researched by over 200 different groups with experts on the DUI and DWI. Drivers with blood alcohol level of .15 or above are especially at risk and very high risk that is as these kind of drivers are usually not very responsive to general and legal measures. There is definately a need to have a new court system which will specifically address the extreme and high risk drivers or offenders and their addiction to the substance.

With this data in mind it is not that shocking to know that DUI and DWI related accident numbers have been on the constant rise in the California. What people should be doing is spending appropriate time at the rehabilitation facility and go through mandatory pass checks before they are given opportunity to sit behind the wheel of a vehicle again. This in accordance with the accountability is critical to building the sucessfull strategy in years to come in California state.

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Extreme cases of DUI inside the sunny California

Tuesday, September 16th, 2008

Maybe it is related to the nice weather or something else, but DUI in sunny state of California is always up during the summer. Maybe it is that there are many more parties in the summer then there are in the winter, but no one is 100% sure about it. During summer hours people are usually caught with extreme cases of DUI in the California. These range from simple minor incidents to cases where a person ends up losing life in car accident. It is unfortanate to see people losing their lives in accidents related to DUI and these are the most extreme cases of all.

We interviewed several candidates from California to tell us what they thought about the DUI over there and how it affects them during summer days. They all told us that there was too much partying involved, they didn’t really pay too much attention, got intoxicated and ended up going into their cars and back on the road. It seems during winter they managed to stay much more sober then they did during summer days. These are interesting facts for people who reside in the state of California and are affected by the dangers of DUI.

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Dui sentences to become stricter by the year 2009 in California

Monday, September 15th, 2008

Yes that is right. The sentences for DUI will become much stricter by the year 2009 in state of California. There are new laws coming which will make it very difficult to person to be bailed out of jail once under DUI investigation. The judges also agree that this new process should make it much more effective in the constant police fighting against the DUI drivers in the state of California.

This means you should not drive if you are under influence or you will face some extremely hefty fines and fees for your behaviour. The law will make it possible for official to hold you in jail without posting bond for very long time. This should be a reminder to all those who abuse substance in California. DUI is serious crime and when in doubt better don’t drink and drive.

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California DUI

Monday, September 15th, 2008

DUI in California is a common theme that we see across the state.   People seem to forget that drinking and driving do not mix very good.   Accidents can and do happen, they are usually a result of alchocol or drugs.  Majority of dui causes that occur are simply bad judgement.   People who usually come from a party or an event have consumed some sort of alcohol, but they have not considered that this can lead to a dui.   DUI levels are measured on the amount consumed and can be measured by a breatllizer test or simple routine walking procedure.   Alcohol is not the only substance consumed, there are also numerous cases of drugs.   Throughout California we see numerous cases of both drugs and alcohol playing a role in the DUI offense.   Offense will be more severe if the level of consumption is higher.   Another major part of this is that convictions are made on even the slighest detection of crossing.  This means if you have failed the breathlizer test by even a little bit, it can become an offense.  California laws are very strict about this and DUI is a serious offense that not only threatens the driver, but those around him as weel.

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DUI Fines are very costly and expensive

Monday, September 15th, 2008

DUI Fines can be very expensive depending on the charges that have been set forth.   Driving under influence in California is a serious offense.  If there is felony commited with the offense the fine can become even more costly.  The laws clearly state that if additional damage has been inflected, the charges will increase.  Fines have been known to be sometimes over thousand dollars and this is not uncommon to see.   If the case is more serious it can cost thousands of dollars.  This however does not include the court case price and the actual process of hiring / paying for attorney in state of California.   The costs can actually add up to a lot more when all this is included.  The fines can be paid over time if the offender does not have the money right away.   Also in some courts the offenders can repay the fine by providing community services and doing work.  A normal dui fine will range any where from 300-800$ , of course if no damage or injury has been caused.  This amount could change drastically if damage or injury has occured. 

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Lawyer Milloy arrested on DUI charges in Atlanta

Monday, September 15th, 2008

Looks like Lawyer Milloy the 34 year old Atlanta Falcons Player has been arrested on extreme DUI and speeding charges in suburban part of Atlanta state.

The official authorities in this case indicate that the 34 year old Lawyer Milloy has been released from jail  on Monday after someone has posted a bond of more than $1600.00 USD on the alleged DUI charges he was facing. Lawyer Milloy seemed to have been arrested about five hours before the incident occured. A through police spokes person however did not have any details about the arrest.

Lawyer Milloy is a player who is in his thirteen season and his third season with Atlanta Falcons. Finally his coach Mike Smith has indicated he will further comment on the above arrest during his upcoming general news conference. This shows that DUI and some players are out of control when it comes to abusing substance and driving.

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California DUI growth concerns over minors

Saturday, September 13th, 2008

More minors are beggining to get involved in dui cases in recent years.  There is a growing convern over this because this will carry on in the future years more if it is not stopped.  It is important for communities to get involved in preventing this from happening. Many minors pick this up from their parents or relatives and some even from the media.   Parents should get involved with their children and talk about this because it is one of the issues that parents actually rarely discuss.  In movies we actually see some actors portraying it as a part of life but actually it is not.  It is an extremely dangerous and reckless thing to do.  Also the news sometime reports and it also gets picked up by younger individuals. 

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Daniel Dae Kim California Dui Case

Saturday, September 13th, 2008

Daniel Dae Kim, the star of popular TV show “Lost” pleaded no contest to DUI charges yesterday in state of California. This makes Daniel Dae Kim third DUI member of the popular TV show cast. Other members including previous two, Michelle Rodriguez and Cynthia Watros were booted off from the show in result to their DUI convictions. We will have to se how Daniel fares and wish him good luck. This shows that celebrities are the ones under most media scrutiny when it comes to DUI cases in state of California. As shown by the previous statistics and research DUI is on the high rise.

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Southern California DUI Cases

Saturday, September 13th, 2008

There are many instances of DUI in California. But the numbers are quite alarming this year. There has been over 35,000 reported DUI incidents in California according to one source. There may be many more that are undisclosed. Celebrity influence over DUI in California is quite stunning too. Paris Hilton for example and Lindsay Lohan have been caught many times involved in DUI cases. The media has certainly brought this mainstream and there are many more individuals now who think DUI is cool in California and may be tempted to try something on their own. As we continue the DUI cases in Southern California will just continue to grow and increase at steady pace. There is no certainty on what exactly will happen and how it will end. In case you have been a victim of DUI please seek professional help now.

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Common types of DUI offenses

Friday, September 12th, 2008

DUI offenses can be split into three common types found :

Misdemeanor DUI - This offense carries a fine and some jail time, there is also criminal record report added to your file.  Can also result in a prolonged period of jail time if convicted under more serious charges.

Felony DUI - This is a more serious offense and is a result of someone being injured or damage being done to something.  This can result in a federal prison sentence and can carry a fine.   Also this goes on your permanent record.

Vehicular Manslaughter  - Least common out of the three, this is usually an result of someone dying as a result of an accident.  It is an extremely serious offense and carry life in prison. 

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California Dui differs from other states

Friday, September 12th, 2008

Other states may treat their cases differently.  For example an ohio dui may be less severe than a california dui in certain parts of that state.  Some places it could be just a slap on the wrist, although most states have begun to enfore their rules and have become more strict in terms of jail time.  It all depends on the severity of the case and how bad it really was.  Caliornia has one of the highest reported countes of dui in the country per year.  It is important to note that the law enforcment has to become a lot more strict to stabilize this amount.  

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Breathlizer failures in dui testing

Thursday, September 11th, 2008

California dui cases can sometimes be determined by a simple error in the breathlizer test.  I was in a situation where my alchocol consumption that night was only one beer.  A random check point on a side road during christmas time was my turning point.  The breathlizer test showed that i was in fact over the limit.  However i tried to explain that it could not be possible, because i had consumed only one beer and had numerous witnesses to back that claim.  During the trial i was in fact able to prove that dui testing sometimes cannot be fully accurate.  There must be newer methods of more accurate testing implemented in California, because the current system is not complete. 

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Finding the right lawyer in a California DUI case

Wednesday, September 10th, 2008

DUI law cases in california can take be enduring and hard fought.  It is important to always look for a good lawyer when it comes to a california dui.  A good lawyer will know how to protect you in court and try to find justice.  Many people choose to use public attorneys, but sometimes it is a better decision to look for someone more suitable.   A case in court can take on average anywhere 10 days and this does not include the criminal proceedings and bookings.   It is important to note that the arresting office always has stronger power in court and his opinion is much more relevant unless strong evidence is presented.  Evidence in the case must be also supported and substainiated in law offices of california.  Dui offenders must take events into context before choosing the right person to defend them in court.

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Getting caught in Santa Barbara California DUI

Monday, September 8th, 2008

I want to share a story with everyone that happened to me last august.  I had a few drinks coming back from a party in Santa Barbara California, unfortunately i did not really want to take a car pool home.  The thought of being drunk never occured to me, i had only had two beers and never had this amount of alcohol influenced my decision making before.  My friends recommended that i take a car pool but i preffered to drive home since i was only 15 minutes away from the party.   I got into my car at around 3 o clock in the night and began to drive home when a car pulled up behind me.  Surely it was a cop and he signalled to me to pull over.   I pulled over and began to explain the situation but he wanted me to get out of the car.   At this point i was a little ticked off because he was suspecting a DUI!!  I did a breathlize and didnt pass,  he offered to take me home and told me to leave the car.  I did not want to fight him, as i had previous crime history in california and kept my mouth shut!  However i did tell him that i would fight this case in court, he didnt say anything back.   Do the breathlizers even work accurately???!?!!!?

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DUI California Lawyers

Monday, September 8th, 2008

The best lawyers can be found locally through the phone book or internet.  It is important to find a local represantitive because they will be more familiar with the local laws.   Lawyers can be expensive and all this depends on how serious the conviction is.  If they feel like the case is impossible to win they will not even bother.   California laws are always examined by the top lawyers to find clauses which can help set you free.   There also other attorneys that are brought on in case you can’t afford your own.   This process shouldn’t be rushed when selecting an attorney, the right one can save you money and time.  They are directly responsible in dealing with all the proceedings regarding your case in the state of California.   If the sentence has been given to an individual, they may still proceed to fight the case once again.  It is very important to look for all possible ways out of a sentence and continue on investaging other possibilities when it comes to closure times.  Laws in california are strict and they must be followed, DUI is very serious offense and can harm not only one person but multiple persons.

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DUI in California

Monday, September 8th, 2008

DUI in california is a serious offense.  Driving under the influence can carry a lengthy and costly sentence.  Sentences can carry penalties and jail time within the stats.  Many people do get caught while intoxicated and claim they are not guilty.  Police officers in California determine if in fact you are guilty and proven.  Evidence must be established prior to a conviction DUI California charge and it also must be presentable in court if needed.  In court the attorney hired will be the one trying to reduce the sentence and get rid of all charges.  The evidence found with DUI has to be presentable and attainable for the charges to be carried out.  If the intoxication levels are quite high the sentence could carry a longer term or higher fines.  Levels of intoxication do vary at time when DUI has occured, at times the level of intoxication is not so high, but the arresting officer can make the claim that he is right and make the conviction.  Everyone has the ability to stand up in correct and fight their convictions.  It is also very important to hire an attorney that understands the situation and county/city within California.  For example, different towns may have different regulations towards DUI in California.   The best way to find this information is to look on the internet or local library.

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DUI in America

Wednesday, August 6th, 2008

Whether you live California or new jersey DUI is a serious crime.  The laws can change in different states but the consequences do not vary.  DUI is a very serious crime and carry long prison sentences.   Many people today don’t think about the consequences before they get into their car and drive.  It is important to note that before you do drink to plan out how to get home.  Most people will choose to take a taxi but in Illinois and florid we have heard often of people choosing otherwise.   Lawyers and attorneys will try to make changes in how the approach the situation but the police wont.  The police will try to prevent this and can sometimes even prevent further accidents from happening.   The laws might change but they also might not change the legal issues can arise from multiple items.  A man in Oregon was convicted of DUI and was faced with prison time.  His family supported him and was able to offer support for him to go through the tough times.

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DUI Laws Blog is open!

Wednesday, August 6th, 2008

This blog will feature DUI laws in all 50 states of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia*, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming

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