Stricter DUI Laws for Wyoming

Friday, May 29th, 2009

The Senate Judiciary Committee in Wyoming rejected a comprehensive bill that would have created stricter penalties for DUI. Fortunately, even if Governor’s Council on Impaired Driving has been working on this effort for six years, they have not given up the fight yet.

Last week, the council held a conference in Casper and developed legislative proposals for their lawmakers to consider next year. The hurdle for these measures were placed pretty high because it’s budget season and non-budget bills would require at least two thirds vote to be introduced – so the hurdle has been placed high. In addition, the same senators who opposed the bill is still in office.

Here are five recommendations of the council (in this year’s legislation, the first three were included):

• -Make it illegal to have .08 BAC (blood-alcohol content) while driving if the test was done within two hours of being stopped.
• -Create an offense of “aggravated DUI” for people driving with .15 BAC or greater.
• -Increase jail time and the fourth offense should result in felony conviction and five years in prison.
• -Give a mandatory alcohol or drug assessment and a maximum fine of $750 even for the first DUI offense of a person with a minor inside the vehicle. The second offense in this case would have to be fined up to $5,000.
• -Include in DUI law any psychoactive or drug substance that causes a person to be impaired.

Tags: BAC, Casper, dui, Governor's Council on Impaired Driving, law, Senate Judiciary Committee, Wyoming
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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.

Tags: BAC, boating under the influence, drunk boating, dui, DUI boating, Harbors and Navigation Code
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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.

Tags: BAC, dui, Ignition Interlock System
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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.

Tags: BAC, Boston, Boston lawyers, DMV, dui, DUI lawyer, general practice lawyers
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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.

Tags: BAC, dui, DUI lawyer, lawyer listings, lawyers, teenagers. alcohol
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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.

Tags: BAC, drinking and driving, dui, Kansas
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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.

Tags: BAC, breathalyzer test, drinking and driving, field sobriety tests
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