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Driving under the influence (DUI), sometimes referred to as driving while intoxicated (DWI), is a traffic violation that can incur serious physical, legal, professional, and personal consequences. However, it is important to remember that, if you are charged with DUI/DWI, your best course of action would be to hire a DUI/DWI attorney who will ensure that your rights are protected during your legal proceedings. Expertise and Knowledge The foremost benefit of hiring a DUI/DWI attorney is obvious: expertise in DUI/DWI law. A good DWI/DUI attorney will have experience handling cases similar to yours and will understand the nuances of the law as it pertains to your case. They will be able to explain the charges against you, the potential consequences, and the legal process that will unfold. A less obvious benefit of hiring a DUI/DWI attorney is their skill in identifying weaknesses in the prosecution’s case against you. They can review the evidence, including police reports, witness statements, and any chemical tests, to determine whether or not the prosecution has a strong case against you. They will also be able to identify any legal or procedural issues that could affect the outcome of your case. Reduced Penalties If you are […]

Driving under the influence is obviously a serious offense, but what is less obvious are the legal ramifications of committing this traffic violation in particular. A DUI (or DWI) conviction will not only incur legal consequences, but financial, professional, and personal consequences, as well. Let’s take a look at how a DUI conviction can alter your life and what you can do to protect yourself. Legal Consequences of DUI Not every state in the United States treats DUI/DWI equally. The consequences are affected by both the state in which it took place and the circumstances of the violation. However, common consequences of a DUI conviction can include fines, license suspension, mandatory attendance in DUI education classes, and even jail time. In some states, a DUI conviction can also result in the installation of an ignition interlock device on the offender’s vehicle. Fines for DUI convictions can range from a few hundred dollars to several thousand dollars, depending on the severity of the offense and the offender’s criminal history. License suspension periods can also vary, with some states imposing a suspension of six months or less, while others may impose a suspension of a year or more. The length of suspension […]

In 2018, Tennessee enacted a law that requires DUI offenders to be financially responsible for the needs of children whose parents were killed in DUI-related accidents. This law, known as “Bentley’s Law,” is named after a 17-year-old girl who lost her parents in a DUI-related accident. In this article, we will discuss the details of Bentley’s Law and its implications for DUI offenders in Tennessee. Background of Bentley’s Law Bentley’s Law was enacted in response to a tragic accident that occurred in December 2017. On the night of December 23, 2017, a drunk driver crashed into the car of Tony and Patricia Forte, killing them both. The Fortes left behind a 17-year-old daughter, Bentley, who became the face of the fight for justice for victims of DUI-related accidents. The law was proposed by Tennessee State Senator Todd Gardenhire and signed into law by Governor Bill Haslam in May 2018. The law requires that any person convicted of a DUI-related offense that results in the death of another person must pay child support for any children left behind by the victim. Details of Bentley’s Law Under Bentley’s Law, DUI offenders are required to pay child support until the child reaches the […]

One of the most precarious traffic violations an individual can commit is driving under the influence (DUI/DWI). However, the severity of the consequences can be drastically exacerbated if a minor is present in the vehicle at the time of the arrest. What exactly is the scope of the consequences of this particular type of infraction? Are there any legal defenses that might prevent significant legal penalties, such as fines and jail time?  2 Criminal Cases A DUI arrest with a minor in the vehicle can trigger 2 separate cases: A DUI case and a child endangerment case.  DUI Criminal Case A DUI criminal case will be charged as such. Your BAC levels, field sobriety test, or breathalyzer results will be factored into the case against you. If convicted, the penalties for your DUI will result in fines, possible jail time, license suspension, and possible DUI courses.  Child Endangerment Case The specific penalties for this offense can vary depending on the state where the offense occurred. In some states, the offense is considered a felony, which can result in more severe penalties. If a minor is present during a DUI arrest, you may be charged with child endangerment, which can require […]

Driving under the influence (DUI) or driving while intoxicated (DWI) is a serious criminal offense in the United States. If you are arrested for DUI/DWI, you will likely have to face the legal process in court. Understanding this process can help you prepare for what is to come. Step 1: Arrest and Booking The first step in the DUI/DWI court process is the arrest and booking. If the police have probable cause to believe that you are driving under the influence, they will pull you over and administer field sobriety tests and in most cases a BAC test. If you fail these tests, you will be arrested and taken to the police station or jail for booking and possibly more testing. This process involves recording your personal information, taking your fingerprints and mugshot, and searching you for any contraband. At the point of arrest, you are entitled to an attorney.  Step 2: Arraignment and DMV Hearing Criminal Case After you have been arrested and booked, the next step is arraignment. This is the initial court appearance where you will be formally charged with DUI/DWI. At this time, you will enter a plea of guilty, not guilty, or no contest. It […]

“Impairment” Comes in Many Forms Driving under the influence (DUI) is often associated with alcohol, but it’s important to recognize that impairment can stem from various substances and conditions. This article explores lesser-known factors that can lead to DUI charges without alcohol consumption. By examining these scenarios comprehensively, we aim to raise awareness and promote responsible driving habits. It’s important to understand that any substance or activity which results in an elevated blood alcohol content (BAC) will impair a driver’s ability to operate a vehicle responsibly, as well as invite the possibility of a DUI charge and conviction. Prescription and Over-the-Counter Medications: Certain prescription drugs and over-the-counter medications can impair driving abilities due to their sedative effects or impacts on motor skills. Driving while under the influence of these substances can lead to impaired judgment, reduced reaction times, and compromised coordination. If arrested and charged with a DUI involving prescription or over-the-counter medications, individuals may face legal consequences, including fines, license suspension, mandatory alcohol education programs, probation, or even imprisonment. Illicit Drugs and Marijuana: Driving under the influence of illicit drugs, including marijuana, poses significant risks to road safety. These substances can impair cognitive functions, alter perception, and affect motor […]

Driving under the influence (DUI) is a serious offense, and when coupled with a suspended license in Alabama, the consequences can be severe. This informative article explores the repercussions of driving under the influence with a suspended license in Alabama, shedding light on the legal ramifications, heightened penalties, and potential long-term impacts. Enhanced Penalties Driving under the influence with a suspended license in Alabama triggers enhanced penalties compared to a typical DUI offense. Offenders can face additional charges, such as Driving While License Suspended (DWLS), which carries its own set of consequences. These penalties may include fines, extended license suspensions, mandatory attendance in a DUI school, probation, and potential imprisonment. Aggravating Factors and Felony DUI Certain factors can exacerbate the penalties for driving under the influence with a suspended license in Alabama. Aggravating factors include driving with a high blood alcohol concentration (BAC) of 0.15% or above, causing injury or death while under the influence, transporting a minor during the offense, or having multiple prior DUI convictions within a specific timeframe. These factors can elevate the offense to a felony DUI, resulting in more severe penalties, including longer prison sentences, higher fines, and potential loss of civil rights in the […]

In the ongoing battle against drunk driving, California has implemented a robust system of measures to protect road users. One key tool in this fight is the ignition interlock device (IID), a machine that aims to prevent intoxicated individuals from operating a vehicle. In this article, we will delve into the specifics of IID usage in California, answering crucial questions about installation, duration of use, and the consequences of tampering. When are Ignition Interlock Devices Used in California? First and foremost, when are ignition interlock devices installed on vehicles in California? The answer lies in the legal framework established by the state. IIDs are primarily required for individuals convicted of driving under the influence (DUI) offenses. Specifically, anyone convicted of a DUI in California will be mandated to install an IID in their vehicle, especially for repeat offenders or those with high blood alcohol concentrations (BAC). Additionally, individuals who have their driving privileges reinstated following a license suspension may also be subject to IID installation. How Long Are Ignition Interlock Devices Installed in California? The duration of IID usage varies depending on the circumstances of the offense. For first-time DUI offenders, the installation period typically ranges from 4 to 6 […]

Driving under the influence (DUI) is a serious offense with severe consequences. However, the situation becomes even more complex when individuals are charged with a DUI while driving with a suspended license. In the state of Arizona, such violations carry significant penalties and can have long-lasting repercussions on one’s life. In this article, we will explore the consequences of being charged with a DUI while driving with a suspended license in Arizona, including the penalties, fines, jail time, and the implications for repeat offenders. Penalties for DUI with a Suspended License In Arizona, driving with a suspended license due to a DUI conviction is considered an aggravated offense. The penalties for this violation are harsher compared to a standard DUI charge. Upon conviction, individuals can expect increased fines, longer license suspension, and potential jail time. Increased Fines: The exact amount can vary depending on the circumstances of the case, but individuals can expect substantial financial penalties starting at $4,000 and increasing based on the magnitude of the infraction. Extended License Suspension: Arizona imposes an extended period of license suspension for those charged with a DUI while driving with a suspended license. The suspension can range from a minimum of 4 […]

Ignition Interlock Devices (IIDs) have become an integral part of Arizona’s efforts to combat DUI offenses. If you find yourself facing a DUI charge, you may be required to install an IID in your vehicle. So, what exactly are IIDs, and what do you need to know about them? Explaining Ignition Interlock Devices To start, an IID is a device installed in your vehicle that measures your blood alcohol concentration (BAC) before allowing the engine to start. It acts as a safeguard, ensuring that drivers do not operate their vehicles under the influence. IIDs have proven to be effective in reducing drunk driving incidents and preventing potential accidents. In Arizona, to earn an IID, you must comply with the requirements set forth by the Motor Vehicle Division (MVD) and the court. These requirements typically include attending alcohol education programs, paying fines, and serving any mandatory license suspension or revocation period. Once these prerequisites are fulfilled, you can proceed with the IID installation process. Misconceptions About Ignition Interlock Devices Some misconceptions surround IIDs, which can lead to confusion. One common misconception is that IIDs are only for those convicted of repeat DUI offenses. However, in Arizona, even first-time DUI offenders are […]

In the State of New York, being charged with Driving While Intoxicated (DWI) is a grave offense. This situation becomes increasingly complex when coupled with the offense of driving with a suspended license.  As you might imagine, the consequences of this particular infraction are severe. Let’s take a look at how exactly your life could be affected as a result of this charge. Legal Consequences According to New York’s Vehicle and Traffic Law (VTL) § 1192, drivers charged with DWI have operated a motor vehicle while impaired by alcohol or drugs. The severity of the charges and penalties vary depending on the blood alcohol concentration (BAC) and the number of previous offenses. In the state of New York, a BAC over 0.08 is considered intoxicated. If it’s a first-time DWI offense, it’s considered a misdemeanor with penalties including up to 1 year in jail, fines from $500 to $1,000, and a minimum six-month license suspension. When a DWI charge is associated with driving on a suspended license, it escalates the seriousness of the situation. As per the VTL § 511, this could be considered Aggravated Unlicensed Operation (AUO) in the first degree, a class E felony, when the driver is […]

Driving under the influence of alcohol or drugs (DUI/DWI) is a severe offense that carries hefty legal and financial consequences. When the offender is a minor possessing a learner’s permit, the penalties can be even more stringent, dramatically affecting the individual’s life trajectory. This essay examines the implications of such charges and underscores the critical importance of hiring a qualified DUI/DWI attorney. Legal Consequences Underage drinking is illegal in all 50 U.S. states, and so is operating a motor vehicle under the influence of alcohol or drugs. While the legal blood alcohol concentration (BAC) limit for drivers aged 21 and over is typically 0.08%, for those under 21, any detectable amount of alcohol can result in a DUI/DWI charge due to “zero tolerance” laws. In many states, a minor charged with a DUI/DWI while possessing a learner’s permit can expect severe penalties. These may include: Suspension or revocation of their learner’s permit: Depending on the state and severity of the offense, this suspension could last until they reach the age of 18 or even 21. For minors who have their license revoked as a result of a severe traffic violation, a unique penalty would include being barred from applying for […]

What is a DUID? The state of California has broadened the scope of its DUI laws to encompass not only alcohol-impaired driving but also the rising issue of drugged driving. Effective January 1, 2022, California’s DUI laws introduced new sections, namely section 23152 and section 23153, emphasizing the dangers of driving under the influence of drugs (DUID). Breath Alcohol Ignition Interlock Device (IID) Laws Another vital update to California’s regulations pertains to the Breath Alcohol Ignition Interlock Device (IID) laws. Given the challenges of driving with an IID and its implications, it’s imperative for drivers to understand how they might legally avoid an IID requirement, especially before any DMV hearings determining potential license suspensions. Enhanced Training for Law Enforcement California is also prioritizing the training of its law enforcement officers to identify signs of DUID more effectively. By enhancing officers’ ability to detect drug-impaired drivers and increasing public awareness about these initiatives, the state aims to deter potential offenders and reduce drug-impaired driving incidents. Notably, many drivers remain unaware that state law doesn’t penalize them for refusing a roadside field sobriety test. Thus, anyone charged with a DUI is encouraged to seek a thorough DUI arrest review to ensure all […]

Driving under the influence (DUI) is a serious crime that poses risks not just to the driver, but to others on the road. In Florida, as with many states, DUI laws have been enforced rigorously to ensure the safety of all road users. This article will provide an in-depth exploration of Florida’s DUI laws, shedding light on the intricate facets of these regulations. BAC Limits and Florida’s Definition of Impairment Florida defines DUI as driving or being in actual physical control of a vehicle while impaired by alcohol or other drugs. For those 21 years and older, a blood alcohol concentration (BAC) of 0.08% or higher qualifies as impairment. For commercial drivers, the limit is set at 0.04%. Notably, Florida enforces a “zero tolerance” policy for those under 21, which means any BAC above 0.02% can lead to DUI charges. Penalties and Consequences DUI consequences in Florida vary depending on the number of offenses and the BAC level. Here’s a breakdown: First Offense Fines ranging from $500 to $1,000 Imprisonment up to 6 months License revocation for a minimum of 180 days Second Offense (within five years) Fines between $1,000 to $2,000 Imprisonment up to 9 months Mandatory ignition interlock […]

In the realm of driving laws and regulations, the concept of “implied consent” might not be as widely understood as speed limits or seat belt requirements, but it is a crucial aspect of DUI/DWI enforcement across the United States. This article delves into the specifics of implied consent, its legal implications, and its role in combating impaired driving. What is Implied Consent? Implied consent refers to a legal principle where drivers are considered to have implicitly agreed to submit to certain tests if they are suspected of driving under the influence (DUI/DWI) of alcohol or drugs. By operating a vehicle on public roads, drivers are essentially consenting to chemical tests, such as breath, blood, or urine tests, to determine their blood alcohol concentration (BAC) or presence of drugs. Legal Basis for Implied Consent Implied consent laws were established to facilitate the prosecution of DUI/DWI offenses. Before these laws were enacted, refusing to submit to a BAC test was a common tactic to evade DUI/DWI charges. By implementing implied consent, states have created a mechanism to penalize refusals and encourage compliance with law enforcement. Despite the fact that implied consent is not a federal statute, all fifty states have implemented implied […]

When it comes to DUI offenses in South Carolina, consequences largely hinge on the number of prior DUIs within a decade. Let’s take a closer look at South Carolina’s DUI regulations and the repercussions for various convictions. Understanding South Carolina’s DUI Legislation South Carolina’s laws strictly prohibit driving: With a BAC (blood alcohol content) of .08% or above (.04% if in a commercial vehicle). Under any drug’s influence or while intoxicated. Be aware that this can include a non-alcoholic substance – click here to learn more about how a driver might be charged with a DUI without ever consuming alcohol.  “Under the influence” in South Carolina means one’s driving ability is notably compromised. Even if a driver feels unimpaired, a BAC of .08% or higher constitutes a “per se DUI” offense. Several factors can influence BAC, such as body size and alcohol type. It’s worth noting that breathalyzer tests are far from definitive, as some studies have shown that the machines are not often calibrated and that they operate with significant margins of error. First-time DUI Conviction Penalties Consequences for a first DUI conviction in South Carolina vary based on BAC: BAC below .10%: Penalties include 48 hours to 30 […]

If you’re convicted of a DUI (Driving Under the Influence) in California, you might be required to attend DUI traffic school as part of your sentencing. DUI traffic school, also known as DUI school, is designed to educate individuals about the dangers of driving under the influence of alcohol or drugs and to prevent future DUI offenses. What exactly does traffic school entail?  In this article, we will discuss the details of DUI traffic school in California, including the associated costs, the circumstances that may lead to attendance, and the possibility of failing the program. What Does DUI Traffic School Entail? DUI traffic school in California typically consists of classroom instruction, counseling, and group discussions led by certified professionals. The curriculum addresses the effects of alcohol and drugs on driving performance, the legal consequences of DUI, and strategies for avoiding future DUI offenses. The goal of DUI traffic school is to help offenders understand the risks associated with impaired driving and to promote responsible behavior on the road. The length and requirements of DUI traffic school vary depending on the severity of the DUI offense and any prior DUI convictions. In California, there are several different DUI school programs, including: […]

In the era of digital communication, social media platforms like Facebook, Instagram, Twitter, and Snapchat have become a part of our daily lives. However, these platforms can have a significant impact on legal proceedings, particularly in cases involving Driving Under the Influence (DUI). Social media can both negatively and positively affect the outcomes of a DUI case, making it imperative for individuals involved in such incidents to understand the full scope of its implications. Let’s take a look at the role which social media plays in DUI cases. Incriminating Evidence Pre-Arrest Posts Imagine you’re at a party and you upload a picture of yourself holding a cocktail. Later that night, you get pulled over and arrested for DUI. The prosecution can use that photograph as evidence that you were drinking prior to driving. Even a simple tweet about “having a blast with shots” can serve as evidence of your mental state and actions prior to the arrest. Location Tracking Platforms like Facebook and Instagram offer location tagging features that can track where you’ve been. If your profile shows you checked into a bar or a party, and later you are arrested for DUI, this information could substantiate claims that you […]

In the realm of DUI and DWI law, the accuracy and reliability of sobriety tests are crucial for both prosecution and defense. Two of the most commonly used methods to establish evidence of impairment are blood tests and breathalyzer tests. In this article, we will examine the merits and drawbacks of each, shedding light on how these tests may influence a DUI/DWI case. Breathalyzer Tests When you imagine a driver being pulled over on suspicion of DUI or DWI, the image of a police officer holding a breathalyzer to the driver’s face certainly comes to mind. These machines are often thought of as a means to definitively determine whether a driver is intoxicated or not, but the reality is more complicated than that. Let’s briefly discuss the upsides and downsides of the use of breathalyzer tests during routine traffic stops. Pros: Quick and Convenient: Police officers can administer breathalyzer tests on the spot, providing immediate results that enable swift decision-making, rather than having to administer a lengthy blood test at a separate location from the initial traffic stop. Non-Invasive: The test merely requires the individual to blow into a device, making it less invasive compared to blood tests. The non-intrusive […]

The rise of autonomous vehicles (AV’s) has left legal scholars, policymakers, and the general public pondering various questions about responsibility and lawfulness. One area under scrutiny is how DUI (Driving Under the Influence) laws apply to drivers—or “operators”—of self-driving cars. While the technology is still relatively new, it’s crucial to understand how existing DUI laws may evolve and what the implications could be for those who may find themselves navigating this uncharted legal terrain. General DUI Laws: A Quick Overview Typically, DUI laws penalize individuals found to be operating a motor vehicle with a blood alcohol content (BAC) level exceeding a specific limit, usually 0.08% in the United States. Violating these laws can result in severe penalties, such as fines, license suspension, and even imprisonment.  Autonomous Vehicles and Current Legislation Autonomous vehicles function under varying levels of automation, from Level 0, which is no automation, to Level 5, which is full automation. Many of the self-driving cars being tested or in limited use are at Level 2 or Level 3, requiring some human intervention. In the United States, federal guidelines for AVs are still developing, but individual states like California, Arizona, and Florida have implemented laws to create a legal […]

We often associate breathalyzers with roadside stops, flashing police lights, and the anxiety of whether one is under or over the legal limit. But how do these small devices translate human breath into a measurable blood alcohol concentration (BAC)? Let’s dive into the intricate science behind breathalyzers, exploring their mechanics, reliability, and margin of error. History of the Breathalyzer The first breathalyzer, named the “Drunkometer,” was developed in 1938 by Dr. Rolla Harger. However, it was Robert Borkenstein’s invention in 1954, aptly named the “Breathalyzer”, that became the basis for modern devices used worldwide. While there have been developments to the breathalyzer, such as the infrared absorption to measure alcohol, the technology is largely identical to its original iteration. How Does a Breathalyzer Work? The principle behind a breathalyzer is relatively straightforward, yet ingeniously scientific. When you consume alcohol, it enters your bloodstream and eventually reaches your lungs. As you breathe out, a small fraction of this alcohol travels out through your breath. The breathalyzer’s primary task is to measure this alcohol content and equate it to your BAC. There are primarily three types of breathalyzer technologies: Semiconductor Oxide-based Breathalyzers: These have a sensor coated with a material that reacts […]

Driving under the influence (DUI) or driving while intoxicated (DWI) checkpoints have long been a tool employed by law enforcement agencies to identify and arrest impaired drivers. While their effectiveness in enhancing public safety is often heralded, they have also been a subject of contention, particularly concerning their constitutionality. Let’s delve into the debates surrounding DUI/DWI checkpoints and explore how different states interpret and apply them. The Case For Checkpoints: Enhancing Public Safety Proponents argue that DUI/DWI checkpoints serve a crucial public safety function. The mere presence of these checkpoints can act as a deterrent, discouraging potential drunk drivers from getting behind the wheel. Supporting Case Law Michigan Dept. of State Police v. Sitz (1990): The U.S. Supreme Court held that, despite being a “seizure” under the Fourth Amendment, the interest in reducing alcohol-impaired driving was sufficient to justify sobriety checkpoints. The Court reasoned that the state’s interest in preventing drunk driving accidents outweighed the minor infringement on a driver’s Constitutional rights. The Case Against Checkpoints: Constitutional Concerns Critics argue that DUI/DWI checkpoints infringe on individual rights, specifically pointing to the Fourth Amendment, which protects against unreasonable searches and seizures. Concerns Include: Lack of Individual Suspicion: Traditional law enforcement stops […]

An incident in Pennsylvania has cast a spotlight on the unusual and potentially dangerous occurrence of fake DUI checkpoints. In a bizarre twist, a 19-year-old from Somerset, Pennsylvania, reportedly set up his own illegal checkpoint, disrupting traffic and misleading motorists. This story not only raises concerns about the legality and ethics of such actions but also highlights the importance for drivers to recognize and verify legitimate law enforcement activities. Verifying the Legitimacy of a Checkpoint When approaching a DUI checkpoint, it’s crucial to ensure its authenticity. Here are some steps to consider: Look for Official Indicators There are a few things to look out for when approaching a DUI checkpoint that will allow you to identify the legitimacy of the operation: Legitimate checkpoints are required to be highly visible by approaching drivers – this isn’t a suggestion, it is a legal requirement that police departments must abide by. You should see police vehicles with active lights, illuminated signs, and officers wearing reflective vests. In most states across the country, police departments are required by law to inform the public of an upcoming sobriety checkpoint. If you feel unsure about a checkpoint, then a quick search of your county may help […]