Best DWI and DUI Lawyers | Best DWI Attorneys https://best-dwi-attorneys.net/ Trust Only the Best DWI Attorneys Mon, 05 Jun 2017 16:13:04 +0000 en-US hourly 1 https://wordpress.org/?v=6.4.3 DUI: Know the Facts https://best-dwi-attorneys.net/laws/dui-know-the-facts/ https://best-dwi-attorneys.net/laws/dui-know-the-facts/#respond Mon, 05 Jun 2017 16:12:00 +0000 https://best-dwi-attorneys.net/?p=15775 Driving Under the Influence Definitions DUI: Driving Under the Influence DWI: Driving While Intoxicated OUI: Operating Under the Influence These terms may vary depending on the state in which they are received. Some states may refer to drunken or impaired […]

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Driving Under the Influence Definitions

DUI: Driving Under the Influence

DWI: Driving While Intoxicated

OUI: Operating Under the Influence

These terms may vary depending on the state in which they are received. Some states may refer to drunken or impaired driving as a DWI, while others may consider it to be a DUI. While some states, such as Michigan give this charge a completely different name, and refer to impairment behind the wheel as an OUI, or operating under the influence. The tricky part is when one state uses DWI to refer to alcohol, while another uses DUI to reference the impairment of driving due to substance. Here is everything you need to know about what exactly constitutes a DUI, so that the next time you may be facing this kind of charge, you’ll be prepared.

In a typical DUI, the crime one may be charged with is accused of driving under the influence of drugs or alcohol to the extent that it impairs mental or physical functions. In most states, receiving a DUI must include two separate elements:

Operation: In order to be charged with a DUI, one must be physically operating a motor vehicle, however in certain situations even sleeping or sitting behind the wheel may suffice. A motor vehicle typically refers to a car, although it can include a golf cart, a motorcycle, a truck, a bicycle, a tractor, or even a horse!

Under the Influence: To receive a DUI, one must be legally impaired. This means that a person is under the impairment of an intoxicating beverage OR drug. In all states, the BAC, or blood alcohol content is .08 for everyone above the age of 21 and 0.0 for those below the age of 21. A breathalyzer is an instrument that can measure whether or not a person is within the legal limit to be operating a vehicle. If one is over the legal limit of .08, a DUI can be issued.

 

Influence of Drugs:

Driving under the influence of drugs, whether it is prescribed pain medicine, or illegal substances, such as cocaine or heroin, can result in a DUI charge in the same manner that alcohol can. You can be arrested for driving under the influence of drugs if 1.) the substances in your system are illegal or belong to someone else and 2.) If there is a specific warning against operating a vehicle while taking drugs in which you are prescribed. Doctor’s orders are no legal defense to driving under the influence of drugs that can affect one’s motor abilities–that’s why there are warning messages on the bottles! These drugs are not only illegal to drive after ingesting, they can have severe effects on your driving abilities:

Marijuana: May create an overall feeling of relaxation, disorientation, altered time and space perception, paranoia and drowsiness. This drug may cause drivers to drive at slower speeds due to lack of general awareness it creates.

Cocaine: Causes euphoria, excitation, aggressiveness, paranoia, and increased heart rate. Symptoms such as these may cause a driver to drive at faster speeds and disregard things such as stop signs and stop lights.

Methamphetamine: May cause feelings of euphoria, excitation, insomnia, delusions, in addition to hallucinations and “skin crawling.” Such effects may cause a driver to lose control of the wheel or imagine certain things on the road that are or are not actually present.

Morphine/Heroin: May elicit feelings of relaxation and sedation, euphoria, mental clouding, nausea, and vomiting. The nature of this drug could cause drivers to lose control of their vehicle due to intense muscle relaxation.    

LSD: Potential to create intense hallucinations and altered perceptions of reality, delusions, impaired time, space, and depth perceptions. Driving under the influence of this drug is extremely dangerous, as it could easily cause a driver to crash simply because they are hallucinating objects or people that are not there.

Valium: A mere 10 mg of this popular tranquilizer could quite possibly cause impairment similar to having a BAC of .10. The effects of this benzodiazepine can create drowsiness, severely impairing the manner in which a person may operate a moving vehicle.

Sleeping Pills (Ambien): Operating a vehicle even the morning after taking an Ambien can have severe effects on driving, such as drowsiness and disorientation, which can cause a driver to fall asleep at the wheel, creating unwarranted car accidents.

Hydrocodone/Oxycodone: This common pain reliever, whose main component is Vicodin, has similar effects to that of opiates and may cause drowsiness and muscle relaxation. Ingesting this drug before operating a vehicle may cause slower speeds and sleepiness, risking the possibility of falling asleep at the wheel and endangering other drivers on the road.

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The Truth Behind BUI https://best-dwi-attorneys.net/laws/drinking-boating-laws/ https://best-dwi-attorneys.net/laws/drinking-boating-laws/#respond Fri, 26 May 2017 15:33:39 +0000 https://best-dwi-attorneys.net/?p=15477 According to the U.S. Coast Guard, roughly half of all boating fatalities involve the use of alcohol. This memorial day stay safe and stay smart; don’t drink and drive! Just like drinking while driving, it is illegal to operate a […]

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According to the U.S. Coast Guard, roughly half of all boating fatalities involve the use of alcohol. This memorial day stay safe and stay smart; don’t drink and drive!

Just like drinking while driving, it is illegal to operate a boat while under the influence of alcohol, in all fifty states. Each state enforces its own unique penalties for operating a boat while under the influence. Penalties may include large fines, loss or suspension of license, or even jail time if caught. Most states set the legal limit of BAC to be .08, the same as the legal limit for operating a car. If you are operating a boat under the influence of alcohol, and your BAC is above .08, you could be issued a BUI. You could also be issued a BUI if you are operating a boat while under the influence of drugs, such as marijuana. Operating a boat while under the influence is considered a federal offense, with possible fines of $1,000-$5,000.

Top 5 rumors about boating and driving:

Drinking while operating a  boat is not as dangerous as drinking and driving a car.

Despite this commonly believed myth being held true, alcohol is the leading contributing factor in boating deaths. The fact is, someone operating a boat has many more factors to consider than someone driving a car. Such factors may include the depth of the water, whether or not there are any external factors around them, such as rocks or trees, the strength of the waves and what direction they are coming from, in addition to being aware of the other boats on the water. In addition, waterways are not marked by things such as lanes, stoplights, and stop signs. Operating a boat is challenging enough sober, especially in the dark, bright sunlight, or strong wind and rains. Adding alcohol to the mix can make the task of driving a boat extremely difficult and is likely to cause harm.

Boats are meant for partying!

Many people associate boats with partying, as it is common to see large groups of people on giant floating “party boats,” as they are commonly referred to. However, boats are meant to be a leisurely vehicle enjoyed with family and friends, they are NOT a means for the operator/operators to drink alcohol. Boat operators with a blood alcohol content of .10 or higher are ten times more likely to die in a boating accident than sober operators. The operator of a boat must not only be sober, but be able to concentrate in an environment that is free from too much distraction. It is often difficult for the operator of the boat to focus if they are surrounded by a crowd of drunk partiers!

Penalties for drinking and boating are lenient and I won’t get caught.

Operators who are found to be drinking while under the influence of alcohol can incur strict penalties such as the suspension or revocation of license, large fines, jail time, loss of boating vehicle, and in addition the operator may be arrested on the scene. Law enforcement has become stricter in recent years on BUIs. In addition to police and sheriff boat crew out on the open water, boaters can expect to encounter fish and game warden as well, who are authorized to handle BUIs. The Coast Guard, as well as any other federal, state, and local enforcement agencies are equipped with chemical testing devices that can test blood, breath, and urine samples. These samples are more than enough to test and possibly convict those above the legal BAC limit of .08.

It is okay to drink and operate a boat as long as it is not powered by a motor.

This is false as you can be issued a BUI for paddling a canoe under the influence of alcohol. BUI laws contain all boating vessels from canoes and rowboats to large cruise ships. Many boaters will turn off the motors to their boats and “float.” It is fairly easy for people to become unaware of their surroundings while “floating,” and can lead to drifting into unwarranted areas, such as shipping lanes. This creates a perfect opportunity for an unintended collision and is subject to trouble with the law.  In this past year, eight out of ten people who drowned involved boats that were smaller than 21 feet long.

It is okay to go for a swim after a few drinks if the boat is anchored.

Currents are often difficult to judge before entering the water, and a person that has had a few too many may judge the strength of these currents inaccurately. Currents can easily sweep people away, and before they know it, they are miles away from the boat in which they were on. Extended periods floating in the water, perhaps miles away from your boat, may cause hypothermia, especially in a person whose core body temperature is unregulated due to alcohol use. Decisions are easily impaired with the increasing use of alcohol, so if it may seem like a brilliant idea to jump off the edge of a dock for a quick dip in the lake, could become a catastrophic nightmare.  

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Alabama Football Player Arrested After Passing Sobriety Test https://best-dwi-attorneys.net/tips/alphonse-taylor-dui-arrest/ https://best-dwi-attorneys.net/tips/alphonse-taylor-dui-arrest/#respond Mon, 01 Aug 2016 20:30:54 +0000 https://best-dwi-attorneys.net/?p=8745 Alphonse Taylor, starting offensive lineman for Alabama, was arrested on July 17th for drinking and driving. The arrest came after the police got a report that Taylor hit another vehicle just before 9:00 a.m. The police conducted sobriety tests and […]

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Alphonse Taylor

Alphonse Taylor, starting offensive lineman for Alabama, was arrested on July 17th for drinking and driving. The arrest came after the police got a report that Taylor hit another vehicle just before 9:00 a.m.

The police conducted sobriety tests and used a breath anaylzer device and ultimately determined that Taylor had been drinking. An arresting officer said he “immediately noticed that Taylor’s speech was very slow and he appeared lethargic.” He also noted that the player dropped his phone and “struggled and swayed” when trying to pick it up.

Taylor Arrested After Blowing a 0.0 BAC

However, Taylor passed the breath analyzer test, blowing a 0.0% Blood Alcohol Contentration (BAC) and the officers did not mention that they saw or smelled alcohol on the scene. Taylor had told the police officers that he may have hit his head on the steering wheel during the collision, but he was not given any immediate medical treatment. The officers also did not allow Taylor the possibility that his behavior could be due to trauma or shock from the accident.

The day after his arrest, Alphonse Taylor posted this message to Twitter, saying “Isolated events does not define ones character…”

 

DUI Lawyer Defends Alabama Lineman

Taylor’s attorney, Jason Neff, looks defeat the states case. “I have reviewed the reports and based on the blood alcohol concentration of .000 and him having just been in an accident, I believe the case has some points to work with for a defense,” he said. “As always, I need to get all the information and facts before we can make a complete analysis.”

Sobriety Tests Prove Unreliable

There is a systematic issue with arrests based solely on sobriety tests. They are not mandatory and have no legal consequences except that a failed test will strengthen the police officer’s case against a citizen. They are based on very little (if any) scientific basis and were created in the 70’s as a way to give probable cause to arrest someone for a DWI/DUI.

Shortly after the news broke, Alabama coach Nick Saban suspended the player “indefinitely” saying that a DUI offense will “put other people in danger.” Saban has not commented since it was revealed that Taylor passed the breath analyzer test.

Alphonse Taylor is scheduled to appear in count of August 16, where his attorney will fight the conviction. We will be following the news of this case and update the story accordingly.

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Oregon DUI & DUI Laws https://best-dwi-attorneys.net/state/or/oregon-dui-dui-laws/ https://best-dwi-attorneys.net/state/or/oregon-dui-dui-laws/#respond Fri, 29 Jul 2016 16:19:30 +0000 https://best-dwi-attorneys.net/?p=7344 Like every state, Oregon takes drinking and driving very seriously. You could be charged with a DUI (driving under the influence) or a DUII (driving under the influence of intoxicants) if you are pulled over with a blood alcohol concentration […]

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Like every state, Oregon takes drinking and driving very seriously. You could be charged with a DUI (driving under the influence) or a DUII (driving under the influence of intoxicants) if you are pulled over with a blood alcohol concentration (BAC) of .08 or higher. This offense will incompany serious penalties and fines.

Legal limit in Oregon:

  • Standard, non-commercial drivers: 0.08% BAC
  • Commercial drivers: 0.04% BAC
  • Drivers under 21: 0.0% BAC

Penalties, Fines, & Suspension

Oregon DUI & DUI Penalties, Fines, & Suspension
Penalty 1st offense 2nd offense 3rd offense
Sentence 48 hours – 1 year Up to 1 year Up to 5 years
Fine $1,000-$2,000 $2,000-$10,000 $2,000-$10,000
Driver’s License Suspension 1 year 3 years License permanently revoked.

Chemical Test Refusal

Oregon is an “implied consent” state, which means that anyone with an Oregon driver’s license has agreed to take a chemical test, such as a breathalyzer, if arrested or stopped for a DWI. If you do not comply with the chemical test, the state can suspend a person’s driving privileges. All driver’s license are subject to driver’s license suspension for chemical test refusal is in addition to any punishment for the DUI conviction.
1st offense: 1 year driver’s license suspension; $500-$1,000 fine
2nd offense: 3 year driver’s license suspension; $500-$1,000 fine
3rd offense: 3 year driver’s license suspension; $500-$1,000 fine

Ignition Interlock

In Oregon, drinking and driving offenders will be subject to a license suspension. An ignition interlock device may be required in order to regain driving rights. The IID device will be installed to a vehicle’s ignition requiring legal blood alcohol levels to drive the car.

Criminal Record

A DUI conviction will remain on an offender’s criminal record for 5 years. If another drunk driving conviction occurs during this time, the offender will be subject to intensified fines and penalties.

Under 21

Oregon has zero-tolerance for minors under the age of 21 drinking and driving. Any driver underage with a BAC above .00% will result in a sentence period from 2 days to 1 year, a fine ranging from $500 to $1,000 and a license suspension for up to 1 year. These penalties will increase with a second conviction within 10 years.

DWI with a Child Passenger

Receiving a DUI with a child passenger in the vehicle can add additional fines and punishments. Oregon law states if there is a passenger in the car under the age of 18 and at least 3 years younger than the driver at the time of a DUI arrest, then the offender is subject to a fine up to $10,000. The minor may also be charged for minor in possession (MIP), soliciting alcohol, false identification and/or other underage violations.

More on OR DUI Laws:

Oregon.gov – Suspensions and Revocations: https://www.oregon.gov/ODOT/DMV/pages/driverid/suspreasons.aspx

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Connecticut OUI Laws https://best-dwi-attorneys.net/state/ct/connecticut-oui-laws/ https://best-dwi-attorneys.net/state/ct/connecticut-oui-laws/#respond Thu, 30 Jun 2016 21:12:35 +0000 https://best-dwi-attorneys.net/?p=7350 Connecticut refers to drinking and driving related convictions as an OUI or operating under the influence. You can be arrested for an OUI if you have a blood alcohol concentration (BAC) of .08% or greater. An OUI arrest is a […]

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Connecticut refers to drinking and driving related convictions as an OUI or operating under the influence. You can be arrested for an OUI if you have a blood alcohol concentration (BAC) of .08% or greater. An OUI arrest is a serious drunk driving crime that will result in fines and penalties as outlined below.

Legal limit in Connecticut:

  • Standard, non-commercial drivers: 0.08% BAC
  • Commercial drivers: 0.04% BAC
  • Drivers under 21: 0.02% BAC

Penalties, Fines, & Suspension

Connecticut OUI Penalties, Fines, & Suspension
Penalty 1st offense 2nd offense 3rd offense
Sentence 2 days to 6 months 120 days to 2 years 1 to 3 years
Fine $500 to $1,000 $1,000 to $4,000 $2,000 to $8,000
Driver’s License Suspension 1 year 1 year Indefinite

Chemical Test Refusal

Connecticut’s implied consent law states that, by driving, you have given your consent to a chemical test. This test is taken by blood, breath or urine to determine blood alcohol content. If someone refuses this test, they will be subject to a license suspension.
1st offense: 6 months license suspension
2nd offense: 1 year license suspension
3rd offense: 3 year license suspension

Ignition Interlock

All alcohol related convictions in Connecticut will result in immediate installation of an IID or ignition interlock device in the offender’s vehicle. This device will act as a breathalyzer, preventing the car’s ignition to start without a legal BAC. The charts below specify how long an IID will be required for each circumstance.

Criminal Record

How long does a OUI stay on your record? A OUI in Connecticut will remain on your personal criminal record for 10 years. During this time, a drinking and driving offense will remain relevant and could be used against you in a court of law.

Under 21

Operating a vehicle under the influence and under the age of 21 will result in harsh penalties. After a first conviction, offenders will face a license suspension of 1 year. After a second conviction, offenders must either wait until they turn 21 to regain license or wait 3 years, whichever is longer. Any other offenses after that will result in a permanent revocation of license.

DWI with a Child Passenger

Child endangerment is a serious crime in Connecticut. Violators will suffer additional punishments to their OUI conviction if arrested with a minor in the car. These include a sentence from 30 days to 1 year, 100 hours of community service, undergo a treatment program as well as a fine from $500 to $2,000. Additional penalties could arise based on specific situation.

More on CT OUI laws:

Connecticut Department of Motor Vechicles: Drunk Driving Law: http://www.ct.gov/dmv/cwp/view.asp?a=813&q=249562

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Kentucky DUI & DWI Laws https://best-dwi-attorneys.net/state/ky/kentucky-dui-dwi-laws/ https://best-dwi-attorneys.net/state/ky/kentucky-dui-dwi-laws/#respond Thu, 30 Jun 2016 20:38:08 +0000 https://best-dwi-attorneys.net/?p=7341 In Kentucky, a person can be arrested for a DUI if their blood alcohol concentration (BAC) is .08% or higher. A DUI, or driving under the influence, is a drunk driving conviction where the BAC is above the state legal […]

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In Kentucky, a person can be arrested for a DUI if their blood alcohol concentration (BAC) is .08% or higher. A DUI, or driving under the influence, is a drunk driving conviction where the BAC is above the state legal alcohol limit, rendering the driver legally impaired.

Legal limit in Kentucky:

  • Standard, non-commercial drivers: 0.08% BAC
  • Commercial drivers: 0.04% BAC
  • Drivers under 21: 0.02% BAC

Penalties, Fines, & Suspension

Kentucky DUI & DWI Penalties, Fines, & Suspension
Penalty 1st offense 2nd offense 3rd offense
Sentence N/A 5 days 60 days
Fine $600 to $2,100 $1,100 to $5,100 $2,100 to $10,000
Driver’s License Suspension 90 days 1 year 3 years

Chemical Test Refusal

Kentucky is an implied consent state meaning any person operating a motor vehicle is subject to a chemical test requiring a blood, breath or urine sample to test BAC levels. If someone chooses to deny this test, they can face serious punishments.
1st offense: Minimum 30 day license suspension, maximum punishment: jail time doubled
2nd offense: Minimum 1 year license suspension, maximum punishment: jail time doubled
3rd offense: Minimum 2 year license suspension, maximum punishment: jail time doubled

Ignition Interlock

In Kentucky, an ignition interlock device may be required on a case by case basis dependent on enhanced BAC levels, repeat offenders or aggravated DUI factors such as excess speeding, chemical test refusal, injury or death or children passengers. An ignition interlock or IID is a device connected to a car’s ignition that requires legal BAC levels to start the vehicle.  

Criminal Record

A DUI arrest will remain on your personal criminal record for 5 years before it can be removed. During this time period, this conviction can be used against you in regards to punishment in the case of a second DUI offense.

Under 21

Kentucky is classified as a “no exceptions” state in regards to underage drinking and driving. If someone under the age of 21 is convicted of a DUI they will face imprisonment for 2 to 30 days, a fine from $200 to $500 and a license suspension for 30 to 120 days. These penalties will increase with each offense.

DWI with a Child Passenger

There are multiple factors that can turn a DUI into an “aggravated DUI” including drinking and driving with a child under the age of 12 in the car. An aggravated DUI can increase the minimum imprisonment time as well as increase other fines and penalties.

More on KY DUI Laws:

Kentucky Transportation Cabinet: DUI Laws in Kentucky

http://transportation.ky.gov/driver-licensing/pages/dui-laws-in-kentucky.aspx

 

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Louisiana DWI & DUI Laws https://best-dwi-attorneys.net/state/la/louisiana-dwi-dui-laws/ https://best-dwi-attorneys.net/state/la/louisiana-dwi-dui-laws/#respond Thu, 30 Jun 2016 20:32:29 +0000 https://best-dwi-attorneys.net/?p=7338 Louisiana has strict drinking and driving laws to protect its roads. You can be convicted of a DWI or driving while impaired if you are caught driving with a BAC (blood alcohol concentration) of .08% or higher. Penalties and punishments […]

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Louisiana has strict drinking and driving laws to protect its roads. You can be convicted of a DWI or driving while impaired if you are caught driving with a BAC (blood alcohol concentration) of .08% or higher. Penalties and punishments vary based on degree of BAC levels, multiple offense and other factors.

Legal limit in Louisiana:

  • Standard, non-commercial drivers: 0.08% BAC
  • Commercial drivers: 0.04% BAC
  • Drivers under 21: 0.02% BAC

Penalties, Fines, & Suspension

Louisiana DUI & DWI Penalties, Fines, & Suspension
Penalty 1st offense 2nd offense 3rd offense 4th offense
Sentence 2 days to 6 months 30 days to 6 months 45 days to 5 years 75 days to 30 years
Fine $1,000 $1,000 $2,000 $5,000
Driver’s License Suspension 90 days 1 year 2 years 2 years

Chemical Test Refusal

Due to Louisiana’s implied consent law, offenders who refuse a chemical test could be subject to harsh punishments. The law states that anyone arrested for drinking and driving is required to submit a blood, urine or breath sample to test BAC levels. Failure to do so will result in the following punishments and could result in the requirement of an IID in your vehicle.
1st offense: 6 month license revocation
2nd offense: 6 month license revocation
3rd offense: Jail sentence of at least 2 days

Ignition Interlock

An ignition interlock device (IID) may be required to regain your license and driving rights after convicted of a DWI in Louisiana. First offenders with a BAC of .08 to .14 must have the device installed in their car for 6 months. The IID will be required for 2 years if you were convicted with a child in the car, had a BAC of .15 or greater or threatened the healthy or life of another person due to drinking and driving. An IID is a device connected to a vehicle ignition preventing driving without a legal blood alcohol level.

Criminal Record

A DWI conviction in Louisiana will stay on a person’s criminal record for 10 years before it can be removed. During this time prior DWI’s will be used against you if another drinking and driving arrest occurs resulting in an increased punishment.

Under 21

Consuming alcohol under the age 21 is illegal without a legal guardian’s consent in Louisiana. If caught underage drinking and driving, a minor will suffer harsh penalties under any circumstance. A minor pulled over with a BAC of .02% or greater will be penalized with 2 days to 6 months jail time, a fine no more than $1,000 as well as a license suspension of 90 days. These punishments will increase with multiple convictions within 10 years.

DWI with a Child Passenger

Drinking and driving with a child passenger under the age of 12 in the car is considered child endangerment in Louisiana. A first offense will result in a 10 day jail sentence and a $125 fine. The punishment increases with the second offense with a 30 day jail sentence and a $300 fine and so on with each offense.

More on LA DWI Laws:

Louisiana Department of Transportation: Breaking Down the DWI Arrest: http://wwwsp.dotd.la.gov/Inside_LaDOTD/Divisions/Multimodal/Highway_Safety/SafetySummit_Day3/Breaking%20Down%20The%20DWI%20Arrest.pdf

Center for Disease Control: Louisiana Drunk Driving Fact Sheet: http://www.cdc.gov/motorvehiclesafety/pdf/impaired_driving/drunk_driving_in_la.pdf

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Alabama DUI & DWI Laws https://best-dwi-attorneys.net/state/al/alabama-dui-dwi-laws/ https://best-dwi-attorneys.net/state/al/alabama-dui-dwi-laws/#respond Thu, 30 Jun 2016 20:25:44 +0000 https://best-dwi-attorneys.net/?p=7335 Drinking and driving is taken very seriously in Alabama. If you are operating a vehicle with a with a blood alcohol concentration or BAC of .08% or above you are committed a DUI (driving under the influence) or DWI (driving […]

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Drinking and driving is taken very seriously in Alabama. If you are operating a vehicle with a with a blood alcohol concentration or BAC of .08% or above you are committed a DUI (driving under the influence) or DWI (driving while intoxicated). Offenders will face harsh punishments from the state courts and the department of public safety. Additionally, all DUI offenders are required to complete a substance abuse program.

Legal limit in Alabama:

  • Standard, non-commercial drivers: 0.08% BAC
  • Commercial drivers: 0.04% BAC
  • Drivers under 21: 0.02% BAC

Penalties, Fines, & Suspension

Alabama DUI & DWI Penalties, Fines, & Suspension
Penalty 1st offense 2nd offense 3rd offense 3rd offense
Sentence n/a 5 days 60 days 1 year
Fine $600 to $2,100 $1,100 to $5,100 $2,100 to $10,000 $4,100 to $10,000
Driver’s License Suspension 90 days 1 year 3 years 5 years

 

Chemical Test Refusal

Refusing to adhere to a chemical test during a DUI arrest is considered a violation of Alabama’s implied consent law. The law states that all drivers are required to take a blood or breath test to determine BAC levels by a law enforcement officer. Refusing this test can lead to serious punishments put in place by the department of public safety.
1st offense: 90 day license suspension
2nd offense: 1 year license suspension
3rd offense: 1 year license suspension

Ignition Interlock

An ignition interlock device or IID is a device that is connected to a vehicle’s ignition preventing it to start without a legal BAC level. The state of Alabama may require a person to install this in their car in order to regain driving rights after a DUI. The circumstances in which this will be required include: a first offense DUI with a BAC of .15 or higher, a DUI that caused an accident, refusal of a chemical test, a DUI conviction with a child in the vehicle or a second, third or fourth DUI offense.

Criminal Record

A DUI will remain on your record for 5 years in Alabama. After that time the charge can be removed, but could be used against you if a second conviction occurs during that 5 year time period.

Under 21

Alabama has no exceptions for a person under the age of 21 driving under the influence. A minor can receive a DUI with a BAC of .02% or above. Convictors will face imprisonment for up to 1 year, a fine from $600 to $2,100 and a license suspension of 30 days. Punishments and fines will increase with higher BAC levels or after multiple convictions.

DWI with a Child Passenger

Jail sentences are doubled if a driver is convicted of drinking and driving with a passenger under the age of 14 in the vehicle. In addition, the offender will be subject to a 90 day license suspension in which an ignition interlock device must be required for 2 years thereafter.

More on AL DUI Laws:

Alabama Law Enforcement Agency – Department of Public Safety – DUI Penalities: http://dps.alabama.gov/Home/wfContent.aspx?ID=40&PLH1=plhHighwayPatrol-DUIConvictions
Center for Disease Control – Alabama Drunk Driving Facts: https://www.cdc.gov/motorvehiclesafety/pdf/impaired_driving/drunk_driving_in_al.pdf

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]]> https://best-dwi-attorneys.net/state/al/alabama-dui-dwi-laws/feed/ 0 South Carolina DUI & DWI Laws https://best-dwi-attorneys.net/state/sc/south-carolina-dui-dwi-laws/ https://best-dwi-attorneys.net/state/sc/south-carolina-dui-dwi-laws/#respond Thu, 30 Jun 2016 20:19:31 +0000 https://best-dwi-attorneys.net/?p=7332 A DUI is a serious crime in South Carolina and offenders will suffer extensive fines, punishments and requirements. You can be convicted of a DUI in SC if your BAC or blood alcohol concentration (BAC) is .08% or greater. Driving […]

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A DUI is a serious crime in South Carolina and offenders will suffer extensive fines, punishments and requirements. You can be convicted of a DUI in SC if your BAC or blood alcohol concentration (BAC) is .08% or greater. Driving under the influence can be defined as driving while impaired by both drugs and/or alcohol as well as driving both a car or a boat.
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Legal limit in South Carolina:

  • Standard, non-commercial drivers: 0.08% BAC
  • Commercial drivers: 0.04% BAC
  • Drivers under 21: 0.02% BAC

Penalties, Fines, & Suspension

South Carolina DUI & DWI Penalties, Fines, & Suspension
Penalty 1st offense 2nd offense 3rd offense 4th offense
Sentence 48 hours to 90 days 5 days to 3 years 60 days to 5 years 1 to 7 years
Fine $400 to $1,000 $2,100 to $6,500 $3,800 to $10,000 Up to $10,000
Driver’s License Suspension 6 months 1 year 2 years indefinitely

 

Chemical Test Refusal

South Carolina is an implied consent state meaning drivers are required to take a chemical test to determine BAC levels if lawfully arrested with probable cause that you are under the influence of drugs and/or alcohol. Law enforcement officers have the right to choose between a breath, blood or urine test and you cannot refuse these tests without punishment.
1st offense: 6 month license suspension
2nd offense: 9 month license suspension
3rd offense: 1 year license suspension

Ignition Interlock

Anyone convicted of a DUI with a BAC at or above as well as second, third or fourth offenders will be required to install a BAIID or a breath alcohol ignition interlock device in their vehicle. This device will prevent drivers from starting their vehicle with a BAC any higher than a .02%. This is the only option for drivers under these DUI circumstances to regain driving privileges during suspension.

Criminal Record

A DUI charge will remain on a person’s criminal record for 10 years and is likely to be used against them if another conviction occurs during this time period.

Under 21

Drinking alcohol under the age of 21 is against the law under most circumstances in South Carolina. If caught driving with a BAC at or above .02% as a minor will result in various fines and punishments including 2 to 30 days in jail, $400 or more in fines and a license suspension for 6 months. After a second conviction this will increase to 5 days to 1 year in jail, a $2,100 plus fine and a year long license suspension.

DWI with a Child Passenger

DUI offenses with a child passenger under the age of 16 is considered child endangerment in South Carolina. Offenders of child endangerment are subject to additional jail time and fines. Additionally, offenders will suffer a mandatory 60 day license suspension.

More on SC DUI Laws:

South Carolina Department of Public Safety: DUI Facts: http://www.scsoberorslammer.com/factsaboutdui.asp

South Carolina Department of Public Safety; DUI Laws: http://www.scsoberorslammer.com/scduilaws.asp

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]]> https://best-dwi-attorneys.net/state/sc/south-carolina-dui-dwi-laws/feed/ 0 Colorado DUI & DWAI Laws https://best-dwi-attorneys.net/state/co/colorado-dui-dwai-laws/ https://best-dwi-attorneys.net/state/co/colorado-dui-dwai-laws/#respond Thu, 30 Jun 2016 20:13:39 +0000 https://best-dwi-attorneys.net/?p=7329 In Colorado a drunk driving conviction can classify as either a DUI (driving under the influence) or a DWAI (driving while ability impaired). These classifications are based on a person’s blood alcohol concentration or BAC. A DUI is defined by […]

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In Colorado a drunk driving conviction can classify as either a DUI (driving under the influence) or a DWAI (driving while ability impaired). These classifications are based on a person’s blood alcohol concentration or BAC. A DUI is defined by a .08% or higher BAC and a DWAI is defined by a .05% to .08% BAC.

Legal limit in Colorado:

  • Standard, non-commercial drivers: DWAI: 0.05%
  • Standard, non-commercial drivers: DUI: 0.08%
  • Drivers under 21: 0.02%

Penalties, Fines, & Suspension

Colorado DUI & DWAI Penalties, Fines, & Suspension
Penalty 1st offense 2nd offense 3rd offense
Sentence DWAI: up to 180 days
DUI: up to 1 year
Up to 1 year (DWAI & DUI) Up to 1 year (DWAI & DUI)
Fine DWAI: up to $500
DUI: up to $1,000
Up to $1,500 (DWAI & DUI) DWAI: up to $1,000
DUI: up to $1,500
Driver’s License Suspension DWAI: n/a
DUI: up to 9 months
1 year (DWAI & DUI) 2 years (DWAI & DUI)

 
In addition, Colorado outlines specific penalties for offenders who receive a DWAI with a previous DUI and vice versa.
DWAI With Previous DUI: 60 days to 1 year sentence, $800 to $1,200 fine, 52 to 104 hours of public service.
DUI With Previous DWAI: 70 days to 1 year sentence, $900 to $1,500 fine, 56 to 112 hours of public service.

Chemical Test Refusal

Colorado has an expressed consent law requiring drivers to take a breath or blood test if pulled over under the influence of drugs and/or alcohol. Refusal of this chemical based test can result in a license suspension.
1st offense: 12 month license suspension
2nd offense: 24 month license suspension, with possible early reinstatement after 12 months
3rd offense: 36 month license suspension, with possible early reinstatement after 12 months

Ignition Interlock

There are several instances where an ignition interlock device (IID) may be needed to operate a vehicle after a DUI or DWAI in Colorado. After a second or third drinking and driving conviction a driver will be required to install this device if regain use of their license. You must complete all reinstatement requirements to apply for this option.

Criminal Record

A drinking and driving offense will stay on a person’s record for life and cannot be removed in the state of Colorado. All previous DUI and DWAI convictions can be used against a person in a court of law.

Under 21

Underage drinking is illegal in the state of Colorado under most circumstances. If someone under the age of 21 is pulled over for drinking and driving with a BAC between .02% and .05% will usually result in a 3 month license suspension as well as various fines, penalties or community service as determined by the court. If a minor has a BAC over .05 they will suffer typical adult consequences as outlined above. Punishments, fines and penalties will increase after a second or third offense.

DWI with a Child Passenger

A child abuse misdemeanor could accompany a DUI or DWAI charge if the conviction involves a minor in the vehicle. A minor is classified as anyone under the age of 16 and penalties and punishments will increase if the minor’s life or health is put in danger.

More on CO DUI Laws:

Colorado Department of Transportation: Cost of a DUI: https://www.codot.gov/library/Brochures/COSTDUI09.pdf

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