Driving Under the Influence among Adult Drivers July 1, 2005 Driving Under the Influence among Adult Drivers In Brief In 2002 and 2003, almost 16.6 percent of adult drivers aged 21 or older reported that they had driven while under the influence of alcohol or illicit drugs during the past year Male drivers aged 21 or older (22.0 percent) were nearly twice as likely as their female counterparts (11.4 percent) to have driven under the influence of alcohol or drugs during the past year More than one in three adult drivers aged 21 to 25 (33.8 percent) reported having driven under the influence of alcohol or drugs during the past year According to a 2001 survey by the National Highway Traffic Safety Administration, most persons of driving age (62.0 percent) believed that they should not drive after having two or more drinks, and nearly all reported that they perceived drinking and driving to threaten their personal safety. 1 Nonetheless, in 2003, 10.9 percent of drivers/motorcyclists in fatal motor vehicle crashes were under the influence of alcohol, drugs, or medication. 2 The National Survey on Drug Use and Health (NSDUH) asks persons aged 12 or older if they had driven a vehicle while under the influence of alcohol or illicit drugs in the past year. 3 The survey also asks about the use of alcohol and any illicit drugs during the past year. NSDUH defines "illicit drugs" to include marijuana/hashish, cocaine (including crack), inhalants, hallucinogens, heroin, or prescription-type drugs used nonmedically. This report focuses on past year alcohol and illicit drug use and driving behaviorsof adult drivers aged 21 or older. All findings presented in this report are annual averages based on combined 2002 and 2003 NSDUH data. Alcohol and Illicit Drug Use among Adult Drivers In the Nation as a whole, 93.6 percent of persons aged 21 or older were classified as drivers. 4 Among adult drivers aged 21 or older, 71.0 percent reported using alcohol during the 12 months prior to the survey, and 12.6 percent reported having used an illicit drug during the past year. Figure 1. Percentages of Adult Drivers Aged 21 or Older Who Reported Driving a Vehicle Under the Influence of Alcohol and/or Illicit Drugs During the Past Year: 2002 and 2003 Figure 2. Percentages of Drivers Aged 21 or Older Who Reported Driving Under the Influence of Alcohol or Illicit Drugs During the Past Year, by Age Group: 2002 and 2003 Driving Under the Influence of Alcohol or Drugs in the Past Year In 2002 and 2003, 16.6 percent of adult drivers aged 21 or older (an estimated 30.7 million persons) reported that they had driven while under the influence of alcohol or illicit drugs during the past year. Among drivers of this age group, 15.7 percent had driven under the influence of alcohol during the past year, 4.3 percent had driven under the influence of illicit drugs, and 3.0 percent had driven under the combined influence of alcohol and drugs during the past year (Figure 1). Demographic Characteristics In 2002 and 2003, male drivers aged 21 or older (22.0 percent) were nearly twice as likely as their female counterparts (11.4 percent) to have driven under the influence of alcohol or drugs during the past year. Younger adult drivers were more likely to have driven under the influence of alcohol or illicit drugs than older adult drivers. For example, 33.8 percent of adult drivers aged 21 to 25 reported having driven under the influence during the past year compared with 10.0 percent of drivers aged 50 to 64 and 3.4 percent of drivers aged 65 or older who reported having done so (Figure 2). Among racial/ethnic groups, American Indians/Alaska Natives and non-Hispanic whites (18.8 and 18.1 percent, respectively) were generally more likely to have driven under the influence of alcohol or illicit drugs than were members of other racial and ethnic groups (Figure 3). Figure 3. Percentages of Drivers Aged 21 or Older Who Reported Driving a Vehicle Under the Influence of Alcohol or Illicit Drugs During the Past Year, by Race/Ethnicity: 2002 and 2003 Geographic Differences Rates of driving under the influence of alcohol or illicit drugs also differed among geographic regions of the country and among counties of different population density. Drivers aged 21 or older living in the Midwest (20.5 percent) were more likely to have driven under the influence of alcohol or illicit drugs in the past year than their counterparts living in the West (17.1 percent), Northeast (15.6 percent), or the South (14.3 percent). 5 Adult drivers in this age group residing in non-metropolitan counties (14.2 percent) were less likely to have driven under the influence of alcohol or illicit drugs during the past year than those residing in small metropolitan counties (17.2 percent) or large metropolitan counties (17.0 percent). 6 End Notes National Highway Traffic Safety Administration. (2003, June). National survey of drinking and driving attitudes and behaviors, 2001 (Traffic Tech No. 280, NHTSA Technology Transfer Series). Retrieved April 11, 2005, from http://www.nhtsa.gov/people/injury/alcohol/traffic-tech2003/TT280.pdf National Highway Traffic Safety Administration, National Center for Statistics and Analysis. (2005, January). Table 65: Related factors for drivers and motorcycle operators involved in fatal crashes. In Traffic Safety Facts 2003: A compilation of motor vehicle crash data from the Fatality Analysis Reporting System and the General Estimates System (p. 100, DOT HS 809 775). Washington, DC: Author. [Available in http://www-nrd.nhtsa.dot.gov/departments/nrd-30/ncsa/AvailInf.html ] Respondents were asked, in three different questions, if during the past 12 months they had driven a vehicle while under the influence of (a) alcohol only, (b) illicit drugs only, or (c) a combination of alcohol and illicit drugs used together. Responses to these questions then were recoded to determine the prevalence of driving under the influence (DUI) involving (a) alcohol, (b) illicit drugs, (c) either alcohol or illicit drugs, or (d) both alcohol and illicit drugs. Respondents were identified as drivers if they responded "never," "seldom," "sometimes," or "always" to a question about the frequency of their wearing a seatbelt when they drove. If a respondent indicated that he or she did not drive when asked the question about wearing a seatbelt while driving or did not give a response to that question, he or she was excluded from this analysis. The Midwest has 12 States: IA, IL, IN, KS, MI, MN, MO, ND, NE, OH, SD, and WI. The South has 17 States: AL, AR, DC, DE, FL, GA, KY, LA, MD, MS, NC, OK, SC, TN, TX, VA, and WV. The Northeast has 9 States: CT, MA, ME, NH, NJ, NY, PA, RI, and VT. And the West has 13 States: AK, AZ, CA, CO, HI, ID, MT, NM, NV, OR, UT, WA, and WY. Large metropolitan areas have a population of 1 million or more. Small metropolitan areas have a population of fewer than 1 million. Non-metropolitan areas are outside metropolitan statistical areas (MSAs), as defined by the Office of Management and Budget. See the U.S. Bureau of the Census. (2003, June 12). About metropolitan and micropolitan statistical areas . Retrieved May 26, 2005, from http://www.census.gov/population/www/estimates/aboutmetro.html Figure Note Source: SAMHSA, 2002 and 2003 NSDUH. The National Survey on Drug Use and Health (NSDUH) is an annual survey sponsored by the Substance Abuse and Mental Health Services Administration (SAMHSA). Prior to 2002, this survey was called the National Household Survey on Drug Abuse (NHSDA). The 2002 and 2003 data used in this report are based on information obtained from 71,648 persons aged 21 or older. The survey collects data by administering questionnaires to a representative sample of the population through face-to-face interviews at their place of residence. The NSDUH Report is prepared by the Office of Applied Studies (OAS), SAMHSA, and by RTI International in Research Triangle Park, North Carolina. (RTI International is a trade name of Research Triangle Institute.) Information and data for this issue are based on the following publications and statistics: Office of Applied Studies. (2004). Results from the 2003 National Survey on Drug Use and Health: National findings (DHHS Publication No. SMA 04-3964, NSDUH Series H-25). Rockville, MD: Substance Abuse and Mental Health Services Administration. Office of Applied Studies. (2003). Results from the 2002 National Survey on Drug Use and Health: National findings (DHHS Publication No. SMA 03-3836, NSDUH Series H-22). Rockville, MD: Substance Abuse and Mental Health Services Administration. Also available online: http://www.oas.samhsa.gov . Because of improvements and modifications to the 2002 NSDUH, estimates from the 2002 and 2003 surveys should not be compared with estimates from the 2001 or earlier versions of the survey to examine changes over time. The NSDUH Report (formerly The NHSDA Report ) is published periodically by the Office of Applied Studies, Substance Abuse and Mental Health Services Administration ( SAMHSA ). All material appearing in this report is in the public domain and may be reproduced or copied without permission from SAMHSA . Additional copies of this report or other reports from the Office of Applied Studies are available on-line: http://www.oas.samhsa.gov . Citation of the source is appreciated. For questions about this report please e-mail: shortreports@samhsa.hhs.gov . Click to Return to OAS Home Page Click to Email OAS Data Questions Click For Non-frames / text version of site This page was last updated on June 23, 2005 . SAMHSA, an agency in the Department of Health and Human Services, is the Federal Government's lead agency for improving the quality and availability of substance abuse prevention, addiction treatment, and mental health services in the United States. 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Drunk Driving Defense Information Drunk Driving Defense Sites by a dui trial lawyer, dui attorney, duilawyer DRUNK DRIVING DEFENSE SITES ON THE INTERNET Informative DrunkDriving Defense Sites on the Internet: A directory ofsites maintained by Jim Forslund, a DUI defense attorney in Colorado. Linkschecked weekly. Mail proposed additions to links@colorado-dui.com RECIPROCAL LINKS APPRECIATED Name Index dui attorney, dui lawyer A-L M-Z Other Countries dui attorney, dui lawyer Search by City, County, State or Postal Code Also visit DUI Help -the first directory of DUI attorneys on the Net. Alabama Alaska Anchorage Sponsor Attorney Fred Sloane How to Handle Your DUI Arrest Even though you've been arrested for DUI, you don't have to let it ruinyour life. You may not realize it yet, but if you are thinking aboutsimply going to court and pleading guilty to your DUI charge you may becheating yourself. You see, a qualified attorney can review the case for defects, suppressevidence, compel discovery of such things as calibration andmaintenance records for the breath machine, have blood samplesindependently analyzed, obtain expert witnesses all of which may helpyou to win your case at trial. To find out what you need to know about your DUI arrest I've developeda website to give you a wealth of useful information . . . informationwhich will show you how you may be able to save your license and yourfreedom . . . and possibly avoid fines, fees, and sharply increased carinsurance costs of as much as $6,800. For the most part, my easy-to-navigate site has information on it whichyou can't get anywhere else unless you are willing to do a great dealof legal research. When you're on my site, you'll also learn how you can get a free,no-obligation consultation where I'll review your case and show you howI may be able to save your license and your freedom. Alaska DUI Drunk Driving Defense Information Dan Allan : If you are going to drink alcohol and /or consume prescription and/or non-prescription drugs, please do not drive, both for your safety and safety of your fellow citizens. If you drive, or are in actual physical possession, of a motor vehicle, please don't drink alcoholic beverages and/or consume prescription and/or non-prescription drugs. When driving a motor vehicle always observe the speed limit, stop signs and the other rules of the road. Prior to driving please verify that your motor vehicle is free of mechanical defects, such as obscure license plate(s), broken or cracked head or ta il lights, over tinted windows, etc. If you carefully observe and follow the three rules listed above it is extremely unlikely that you will atttract police attention and/or be legally stopped for a DUI investigation. As you may know it is not unlawful to drink alcoholic beveratges and drive, ut it is unlawful to drive if you're impaired by alcohol or drug consuption, or if the datamaster or other chemical test taken within four (4) hours after the alleged offense results in 0.08 grams or more of alcohol per 210 liters of the person's breath. Everyone is aware there are numerous bars, clubs, saloons and restuarants in Alask that serve alcoholic beverages, which establishments host large parking lots where citizens may park their vehicles while inside enjoying the food and/or beverages sold by the proprietor. The large parking lots are open invitations to cutomers to drive in/out. In the unlikely event that you or one of your loved ones are stopped by police after leavig such an establishment (or other place where alcoholic beverages are served) it is suggested that you remain courteous and observe the following steps in dealing with the police. Provide your driver's license, proof of insurance and vehicle registration. Always invoke your RIGHT TO REMAIN SILENT, and do not make any statements and do not answer any questions relating to consuption of alcohol and/or drugs. It will not help you to answer questions or talk to the police. DO NOT TAKE ANY SO-CALLED FIELD SOBRIETY TEST, (such as Horizontal Gaze Nystamus test, Walk-And-Turn, One-Leg Stand, Nose Touch, ABCs, Backwards Count, etc.) DO NOT TAKE APRELIMINARY BREATH TEST in the field. The police often don't ask you, but order you to take these test. There is no penalty for not taking so called Field Sobriety Tests, and it is a mere violation to refuse the preliminary breath tests. These so-called test are unfair (and generally will not help you). If you are arrested and taken to a police sub-station, and are requested to blow into the DATAMASTER device, DO give a sample of your breath by blowing into the device. It is a crime with penalties equal to and as devastating as a DUI CONVICTION. After submitting a sample of your breath DO NOT request an independent blood test and continue to remain silent. DO NOT CONSENT to a search of your person, vehicle or other property. Karen Weimer : Delay getting legal help may damage your chance of a successful outcome in your case. It's especially important to deal with license issues promptly. Claman Law Firm: ... you should know that moving violations can affect your right to drive and your insurance rates and coverage. Josephson & Associates : The U.S. Supreme Court has generally interpreted the Fourth Amendment prohibition against "unreasonable searches and seizures" to impose a warrant requirement upon police officers who wish to perform a valid search or arrest. However, the Court has carved out some exceptions to the warrant requirement, which make certain "seizures" constitutionally permissible in the absence of a warrant. One exception that the Court has recognized is for investigative detentions based on less than probable cause. In 1968, the Court established a notable exception to the warrant requirement in Terry v. Ohio for investigative detentions based on less than probable cause (i.e., sufficient reason based on known facts to believe a crime has been committed). Sidney Billingslea: Insurance companies will most likely raise the premiums of a driver convicted of DUI, depending on the driver's history with the company and the driver's claims record. In addition, an insurance company might cancel the policy of a driver convicted of DUI altogether (especially if the driver is in a preferred class). If the insurance company raises insurance premiums, it will label the convicted driver "high-risk" and the driver will be required to file proof of insurance for three to five years with the state DMV. If the insurance company cancels the policy, the driver will have a cancellation on their claims history, which can make it more difficult for the driver to find another insurer. In some states, insurance companies are even allowed to cancel insurance in the middle of the policy term for customers convicted of DUI. Robert Herz: Many states have "enhanced penalty BAC level" laws that impose harsher penalties for drivers with BAC levels at or above the state's enhanced penalty standards. These laws typically apply to drivers with a particularly high BAC, ranging from .15% to .20%. In addition, all states have "zero tolerance" laws that penalize drivers under age 21 for driving with any trace of alcohol in their systems. Pradell & Associates :Alaskans charged with the crime of driving under the influence of alcohol (DWI)may not be aware that they have important legal rights which will be lost ifthey do not act within seven days of their arrest. Those accused of DWI oftenoverlook the tiny print contained on the temporary license stating that withinseven days, you must request an administrative hearing from the Department ofMotor Vehicles (DMV). If you do not do so, your driver's license willautomatically be suspended and you will lose your right to have a DMV hearing.Even if you win a jury trial on your DWI, your license will still be suspendedif you do not request a DMV hearing within 7 days and win at that hearing. Whatshould you do? One option is to contact an attorney immediately after you havebeen charged to learn your rights and to properly prepare your request foradministrative DMV hearing and submit it in a timely manner. Calling anattorney on the eighth day after you are charged may be a costly error! Jody Brion : Anyone who has ever been accused or charged with a crime knows the importance of having an experienced criminal defense attorney by his or her side. The quality of legal representation can often account for the difference between going to jail and going home to one's family. In addition to loss of freedom, a criminal conviction or even a simple arrest can have life long effects in the areas of employment, family relations, and on the quality of life in general. Regardless of the severity of the crime, you deserve the best legal representation available. Fairbanks Downes, MacDonald & Levengood : DWI cases are unique in the criminal justice system and require experienced and knowledgeable counsel. A charge of DWI can have serious ramifications on a defendant's driver's license, criminal record and ability to work and function in society. Cook,Schuhman & Groseclose :Because of increasing fines, longer license suspensions, and a law making athird offense a felony, it is very important to have a thorough understandingof your legal rights, the evidence against you, and your possible defenses. Before automatically pleading guilty or entering into a rushed plea agreementbecause the breath test machine recorded a score above the legal limit, youshould seek legal assistance. Often, these cases can be successfully defendedbefore a jury. Juneau Thomas Nave : In general, the Sixth Amendment guarantees all criminal defendants the right "to have the assistance of counsel." The U.S. Supreme Court has interpreted the Sixth Amendment right to assistance of counsel to be an absolute right, meaning that it applies to any criminal defendant during all critical stages of a criminal proceeding. Specifically, the right to counsel attaches the moment a criminal case has been initiated, extending to criminal defendants charged with felonies or misdemeanors punishable by imprisonment.In addition, the Court has held that fairness requires courts to provide counsel for criminal defendants who cannot afford to hire a lawyer, unless the criminal defendant has knowingly and intelligently waived the right to assistance of counsel. In fact, convictions obtained in the absence of counsel without a valid waiver are voidable, and may not be used later to establish the guilt of the criminal defendant in a new trial or to enhance punishment in the event of a valid conviction. Arizona Arkansas California Colorado Boulder-Denver-Greeley-Ft. Collins, I-70 Corridor and Beyond Jim Forslund : When you've been arrestedfor a DUI and you don't think it's fair, you need a lawyer who can protect yourrights...make sure you're treated fairly...and who knows how to get results.Drinking and driving offenses. Colorado Springs Stephen Anderson Durango Phillip Snyder :If you have been arrested for an alcohol or substance related driving offense,you could face stiff penalties if convicted--including jail time and a monetaryfine. Hiring a lawyer to review the details of the arrest, the evidenceagainst you, and the mitigating circumstances is an essential ingredient inassuring yourself that the judicial system is treating you fairly. Grand Junction Dick Gurley Pagosa Springs Robin Auld :DUI? Who Says You Have To Lose Your License and Your Freedom? Trinidad Rodolfo Reveles Connecticut Delaware Rahaim & Saints : If you are charged with operating a motor vehicle under the influence of drugs or alcohol, you face serious penalties including fines, potential jail time and license suspension. Your choice of attorney to protect your legal rights and represent your interests could mean the difference between returning to your family or going to jail. Jerry Capone : Every American is entitled to the protection of the first Ten Amendments to our Constitution (the Bill of Rights). These include the right to counsel, the right to be protected against unreasonable searches, the right against self incrimination, the right to confront the prosecution witnesses, the right to be presumed innocent until and unless proven guilty beyond a reasonable doubt. Lyons Law : Under Delaware law it is illegal (as it is in all States) to drive a vehicle under the influence of alcohol or any drug, even if prescribed. There are two ways police attempt to prove a driver was under the influence. Usually, if the driver has taken a chemical test which calculates the amount of alcohol in the blood sample, the police rely on a provision of Delaware law that says that any test result .08 or above, so long as the test was taken within four hours after driving, is an automatic violation of the law. A second way the police sometimes, but far less often, attempt to prove DUI is to rely on all the evidence in the case, arguing that it would lead a reasonable person to conclude that the driver was under the influence. These "no test" cases are easier to defend. For a first offense, a driver can be fined up to $1,150.00 or imprisoned up to six months. In addition, following a conviction, a driver will be required to complete an drinking/driving course at his/her own expense. For a first offense, the fine imposed is usually the minimum fine ($230.00) and a sentence of imprisonment (normally 60 days) is suspended so long as the driver completes the course of instruction Ordered. For a second offense within five years of a first offense, however, the conviction means jail time. Normally, second offenders are sentenced to 60 days although they can be sentenced to as much as 18 months in jail. The 60 days usually amounts to 6-7 days in custody with the balance suspended. Second offense fines may be as low as $575.00 or as much as $2,300.00. The jail sentence required for a second offense cannot be suspended other than as set forth above. In addition, a drinking/driving course will be required. For a third offense, anytime within five years of the first offense, the drinking driver, if convicted, is guilty of a felony under Delaware law and subject to fines between $1,000.00 and $3,000.00 and imprisonment from one year to two years. The minimum one year sentence of imprisonment cannot be suspended until after the Defendant has served at least the first three months. This three months is not subject to any early release, furlough or reduction of any kind. Of course, the course of instruction will also be required. For a fourth offense DUI occurring any time after three prior offenses, the charge becomes a more serious felony punishable by $2,000.00 to $6,000.00 fine and two to five years imprisonment. At least six months of any sentence of imprisonment must be served and is not subject to suspension of any kind. Again, the course of instruction must also be taken. To summarize, for a second, third or fourth or greater offense, in Delaware, the drinking driver, if convicted, will always go to jail. In addition to giving you a ticket charging you with an offense under the above referenced guidelines (note that offenses from other States are also counted so long as they are violations of a Statute similar to Delaware's Statutes), the officer, at the time of arrest, will take your Delaware license and issue you a slip of paper serving as a temporary license. Although the form the police use is somewhat confusing, this temporary license is good for only 15 days and unless you request the Department of Motor Vehicle to schedule a hearing regarding whether or not your license should be taken, the temporary license will expire in 15 days. At that point, you will have no license to drive a vehicle. If you allow the temporary license to expire without requesting a hearing or if you request a hearing and subsequently lose the administrative hearing at the Department of Motor Vehicle, your license will be revoked as follows: (a) If you have taken the chemical test demanded by the police officer at the time of the arrest, your revocation will be a period of three months for a first offense, one year for a second offense and 18 months for more than two offenses. (b) If you refused the chemical test at the time of your arrest, the revocation will be for a period of one year for a first offense, 18 months for a second offense and 24 months for a third or greater offense. In addition to the license revocation set forth above, you will also be required to take a drinking/driving educational course and this course must be completed before your license can be restored. In terms of early reinstatement of driving privileges after revocation by the Department of Motor Vehicle, you will be required to serve at least a six months period of license suspension. Eric Mooney : A jury has a certain number of men and women who are selected to inquire into factual matters in criminal and civil proceedings. The sworn jury is known as the "Trier of Fact" because the jurors contemplate and decide factual issues, not legal issues. For example, a jury may decide what weight to give a piece of evidence or a person's testimony, but it has no authority to decide whether a statute of limitations has run out, or whether evidence is hearsay.There are various types of juries, from grand juries, which decide if a trial should even be pursued, to petit juries, which decide factual issues in criminal and civil trials. Jury Size & Make-UpThe size of a jury will vary from state to state, though 12 is common. Although the U.S. Constitution does not set a certain number of jurors, the U.S. Supreme Court has suggested that as few as 6 jurors is constitutionally permissible. A defendant has the right to an impartial jury composed of a representative cross-section of the community. When selecting the jury, lawyers cannot excuse a juror because of race or sex. This illustrates a court's diligence to reflect the sociological make-up of the community, so no biases arise that were not already present.Right to a JuryFor misdemeanors and felonies, defendants are entitled to sit before their peers and be judged on their guilt or innocence. Generally, conviction for a serious crime cannot occur unless: A jury has delivered a verdict You have waived your right to a jury You have entered a plea of guilty Unanimous VerdictThe U.S. Constitution does not mandate, and federal courts will not require, a jury to reach a unanimous agreement on a verdict. However, many states require juries to reach unanimous verdicts for capital crimes and felonies, but not misdemeanors. Ferry & Joseph :The alcohol you drink, after reaching the stomach, is absorbed into the blood.When the alcohol reaches the brain, it affects a person's judgment,coordination and reaction time. When police officers suspect a person is underthe influence, they usually want to conduct a test to determine blood alcoholconcentration (BAC), the percentage of alcohol in a person's bloodstream. Thefollowing types of tests are permitted: breath, blood and urine. Breath testsare most common, especially when a person is stopped by police while driving amotor vehicle. Blood tests are more common when there has been an accident, orwhere drug usage is suspected. Urine tests are rare. If properly done, allthree tests are regarded as reliable and are admissible in Court to provewhether or not a person is under the influence. Breath tests are not mandatory,but there can be sanctions, such as loss of license and driving privileges, forrefusal. Blood tests are mandatory. Richard Wier :Driving While Intoxicated (DWI) is considered a serious crime in every state.Drinking alcohol or taking drugs may affect your ability to operate cars, boatsor industrial equipment in a safe manner. It is against the law in every stateto drive under the influence of alcohol or drugs if you cannot safely operatethe vehicle. DWI and Driving Under the Influence (DUI) refer to the same crime.If the police observe you driving erratically or violating traffic laws, theyare permitted to stop and question you for a DWI violation. If they suspectthat you are intoxicated, they can ask you to submit to various tests,including a blood alcohol test. Joseph Giordano : Most DUI cases have a criminal side and a civil side. The DUI arrest results in criminal charges, which carry severe penalties. What most drivers do not realize is that a DUI arrest also initiates a civil proceeding against your driving privileges called an administrative license revocation (ALR).If you are charged with DUI in Delaware, you have 15 days to request an administrative license revocation hearing (ALR) to challenge the suspension of your license. If you do not request the hearing within 15 days of your arrest, then your license will automatically be suspended. James Folsom: Being involved in the legal system can be a stressful, frustrating, and intimidating experience for non-lawyers and not just for the people who have been drawn into legal conflicts. Their families face hardships and difficult decisions as well. Florida Georgia Hawaii -Oahu Paul Cunny : The Fourth Amendment expressly protects "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." Usually, the prohibition against unreasonable searches and seizures requires police officers to obtain a warrant before performing a search or arresting someone. Although there are several exceptions to the warrant requirement, police officers cannot normally search someone's home without a warrant. In fact, as people have a heightened expectation of privacy in the home, the U.S. Supreme Court has historically afforded the highest level of protection to the right of privacy in the home. John Burge :Driving Under the Influence of Alcohol, or drugs, is a very common crime. Itusually is heavily enforced, due to close scrutiny by groups such as MothersAgainst Drunk Driving. This crime also effects the most average, everydaycitizens. Since the required blood alcohol content (BAC) is so low (.08) inHawaii, it is easy to get arrested if you have as little as two beers, anddrive. Timothy I. Mac Master :In our country, all persons charged with committing a crime are innocent untilproven guilty. You are legally innocent unless you are proven guilty. Even ifyou were DUI, a knowledgeable and skilled attorney may be able to help you to"stay innocent" by avoiding a conviction. EarlePartington If you are arrested for driving under the influence of intoxicating liquor ordrugs, you are in serious trouble. You will face two separate and complex proceedings, one civil and one criminal, that must be dealt with at the sametime. Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska New Hampshire New Jersey New Mexico Nevada New York North Carolina North Dakota Grand Forks-Fargo Steven Light -sponsor attorney How to Handle Your DUI Arrest Even though you've been arrested for DUI, you don't have to let it ruinyour life. You may not realize it yet, but if you are thinking aboutsimply going to court and pleading guilty to your DUI charge you may becheating yourself. You see, a qualified attorney can review the case for defects, suppressevidence, compel discovery of such things as calibration andmaintenance records for the breath machine, have blood samplesindependently analyzed, obtain expert witnesses all of which may helpyou to win your case at trial. To find out what you need to know about your DUI arrest I've developeda website to give you a wealth of useful information . . . informationwhich will show you how you may be able to save your license and yourfreedom . . . and possibly avoid fines, fees, and sharply increased carinsurance costs of as much as $6,800. For the most part, my easy-to-navigate site has information on it whichyou can't get anywhere else unless you are willing to do a great dealof legal research. When you're on my site, you'll also learn how you can get a free,no-obligation consultation where I'll review your case and show you howI may be able to save your license and your freedom. Omdahl Law Office: These criminal charges as well as rape or theft require the representation of an experienced lawyer. George Ulseth :You can be arrested by driving while over the legal BAC in your state or whileimpaired, however, you need not actually operate the car in order to bearrested. You may be found guilty if you had the capability and power todominate, direct, or regulate the vehicle, regardless of whether you wereexercising that capability or power at the time of the arrest. Simply sittingbehind the wheel with the keys in the ignition can lead to your arrest for DUIby being in "actual physical control" of the car. Kirschner Law Firm : If you are charged with a crime, you are in serious trouble. You can be sent to jail, forced to pay substantial fines, and costs, and can be found civilly liable for the same conduct and be required to pay damages to the alleged victim. It is very important that you obtain experienced, knowledgeable and aggressive representation to handle your case. Ohio Oklahoma Oregon Pennsylvania Rhode Island Cranston Schreiber & Schreiber : The first line of defense is to challenge the reason that you were stopped. There are bad stops! There are many things that you need to do before appearing before a judge. Providence James Howe : If you have been arrested for DUI or DWI in Rhode Island within the last 10 days, you must act quickly to save your license. Even if it has been more than 10 days since the arrest, you may be able to reduce, delay and/or prevent many, if not all, of the DUI arrest consequences. Being arrested for drunk driving, driving under the influence (DUI), or driving while intoxicated (DWI) can be an unsettling proposition, to say the least. A DUI - DWI conviction in Rhode Island carries with it heavy penalties, including: A permanent criminal record Suspension or loss of license Increased insurance rates Community service Possible jail or prison time Alcohol assessment and treatment Probation Vehicle immobilization or forfeiture Serious fines Possible job loss If you have been arrested or accused of drunk driving, DUI, DWI, vehicular homicide, or any other alcohol-related criminal offense, you need to hire well qualified legal counsel. The selection of an experienced attorney is the first step towards regaining control of your life. Pelletier & Mirza : DUI Questions Whatconstitutes 'drunk driving"? Drivingunder the influence of alcohol, as it is usually called, is probablyone of the most commonly committed crimes. Yet, the crime is oftencommitted by non-criminal types-respectable members of the communitywho have never before had any trouble with the law. The driver of amotor vehicle need not be "drunk" to be convicted of operating ordriving under the influence of alcohol. All that need be shown is thatthe driver or operator is affected by the alcohol to the extent whichrenders him or her incapable of safely operating a motor vehicle. Aperson may not seem to be "drunk" but if his or her reflexes have beenimpaired by drinking, he or she can be convicted for driving under theinfluence. Under Rhode Island law, there is no requirement that the driving be on a public road. Aperson may be convicted for operating or driving a vehicle anywhere inthe state. It is conceivable that someone could be convicted fordriving under the influence while he or she was pulling in or backingout of a private driveway or driving in a parking lot. All that need beshown is that the person was driving and was under the influence of anintoxicating liquor to a degree that rendered the driver incapable ofsafe operation at the time he or she was driving. Under Rhode Island 'sdrunk driving law, a person can also be found guilty of driving underthe influence if at the time of driving, he or she had a blood alcoholcontent of . 1 0 or more. The blood alcohol content becomes the crimeitself. Our new law is known as a per se law. What happens if I am stoppedby the police for driving under the influence? If a police officer has reasonable groundsto believe that you are operating a motor vehicle while under theinfluence of an intoxicating liquor, he/she may ask you to performcertain tests, known as field sobriety tests, to determine whether youare actually under the influence of an intoxicating liquor. The fieldsobriety tests vary in number and kind and each police departmentfavors certain tests over others. The standardized field sobriety testsconsist of the "one-leg stand" test, the "walk and turn" test, and the"horizontal gaze nystagmus" test. After completion of the fieldsobriety tests, the police officer may, based upon his or herobservations, arrest you for driving under the influence, advise you ofyour constitutional rights and ask you to submit to a chemical test.Most police departments in Rhode Island use a breath test,although the police actually have the option of giving you either abreath test, a urine test, or a blood test. Under Rhode Island law, you have the right to refuse to take any of the chemicaltests. What happens if I refuse to take a chemical test? In Rhode Island ,anyone who operates a motor vehicle is deemed to have given his/herconsent to take a chemical test if a police officer reasonably believesthat person is driving under the influence of an intoxicating liquor.The following administrative as opposed to criminal, penalties will beimposed after a hearing if you refuse to take a chemical test and are afirst-time offender: A. a minimum fine of $200-$500; B. a highwayassessment fee of $500; C. a criminal/juvenile justice informationsystem's fee of $147; D. 3 to 6 months loss of license; E. 1 0 to 60hours of community service; and F. attendance at a special course forthose convicted of driving while intoxicated. in addition, after thesuspension period has expired you will have to pay a reinstatement feeand additional assessments prior to license reinstatement. Theadministrative penalties are mandatory and cannot be suspended orreduced by an Administrative judge. There are further and stricterpenalties for subsequent violations for the same offense. Some policedepartments are satisfied with an administrative conviction for refusalto submit to a chemical test. Other police departments prosecutecriminally for driving under the influence even without the benefit ofa breath, blood or urine test evidence. Some police departments willprosecute a suspected drunk driver both administratively (for refusal)and criminally (for DWI). What happens if I agree totake a chemical test? As previously stated, most police departments use breathtesting equipment to test the amount of alcohol in a person's blood.The machines test the amount of alcohol a person has in his or herlungs, and make a mathematical computation to convert breath alcohol toblood alcohol. If you agree to take the test the police will have acertified breath test operator utilizing certified breath-testingequipment. The breath test consists of two phases, that is, twoseparate readings are taken at least 30 minutes apart. If your blood-alcohol content (BAC) level is . 1 0 or greater, the police have strongrebuttal evidence of your guilt of driving under the influence. Attrial, the court is allowed to draw the inference that BAC at the timeyou were driving was the same as when the test was administered. If youagree to take the breath test, the police must advise you of your rightto have an additional test taken at your own expense, and the policemust give you reasonable opportunity to exercise this right. Inaddition, in both refusal cases and in drunk driving cases, the policemust advise you immediately after your arrest of your right to beexamined by a physician of your choosing at your expense. What happens if the readingsindicate that I am intoxicated? In RhodeIsland chemical test readings of .1 0 or moreare sufficient, without any further evidence, to sustain a convictionfor driving under the influence of alcohol. You-, of course, have theright to present evidence to rebut any evidence of intoxicationincluding evidence which rebuts or calls into question the chemicaltest result. This rebuttal evidence can take many forms and an attorneyshould be consulted with respect to preparing a defense on any chargeof driving under the influence. What happens if I am foundguilty of driving under the influence? Driving under the influence is a criminaloffense. The minimum penalties for driving under the influence are asfollows: A. a fine of $100-$300; B. 1 0 to 60 hours of communityservice; C. 3 to 6 months loss of license and/or up to one year injail; D. a $500 highway assessment fee; E. a criminal/juvenile justiceinformation system's fee of $147.00; and F. attendance at a specialcourse for those convicted of driving while intoxicated. There arestricter penalties, including a mandatory jail sentence, for second andsubsequent violations and convictions. All of the criminal penalties,including jail sentences for second and third convictions, aremandatory and cannot be suspended or reduced by a judge. Louis Serio: There are very important decisions to be made related to blood tests, breathtests, and a doctor's examination immediately after being arrested. JohnTarantino : Bibliography Warwick Jan Head Drunk driving is not a social problem, it is a crime. The biggest problem tothe individual charged with DUI is that it is one of the few crimes where theprimary evidence against you is provided by you, yourself and without yourconsent. This is done by your mannerisms at the time you're stopped, yourspeech pattern, field sobriety test, the breath test, and in the case of anaccident sometimes a blood test. Woonsocket Richard Kyte : You should consult an attorney for individual advice regarding your own situation. South Carolina South Dakota Day Morris & Schreiber: You should consult an attorney for individual advice regarding your own situation. Jack Hagopian : If you or someone you know is charged with a crime, choosing experienced quality legal representation can be the single most decision made about the case. Every good criminal defense attorney must be a good experienced trial attorney. Every lawyer, like every doctor or other professional, has his first surgery or case. When your future is on the line, you need someone who has the experience to advise you whether to go to trial or not and the reputation to back it up. Quite often, cases do plea bargain at the last minute and it is a great advantage to have an attorney who is known to aggressively try and win cases. Bantz, Gosch & Cremer : There is an inequality of power and material resources in the criminal justice system. The government has a large staff of lawyers, police and agents, sophisticated crime labs and experts, and a huge budget provided by the taxpayers. This gives them a tremendous advantage because the legal system is based on the premise that "the whole truth" is that presented at the trial. If a defendant cannot challenge the government's case, or submit his or her own witnesses, then the jury by default will probably accept as true whatever evidence the prosecutor produces. Timothy Rensch David Palmer : Your right to an impartial trial means that your case should be decided by ajudge or jurors who do not have preconceived notions about the type of offensebeing charged. It also means that your case should be decided by a judge orjurors who have not already made up their mind about your guilt. John Wilka: It is important to remember that not all is lost when you are arrestedit is not against the law to be over the legal limit at police station, only when you are behind the wheel. Tennessee Texas Utah Vermont Bradley Myerson -Manchester Center:In Vermont, a conviction of D.W.I. 1st offense, which includes either OperatingUnder the Influence or Operating With at Least .08% of Alcohol in the body,carries a minimum 90 days license suspension with the maximum fine of $750.00,and Court fees. In addition, you will need to successfully complete alcoholeducation screening, and if necessary counseling (at your expense) in order tobe eligible to get your license back, at which time you would also have to paya $50.00 reinstatement fee. Your auto insurance rates will also skyrocket asyour agent will have to file proof of insurance with the State of Vermont. Ifyou are a licensed driver in another State and are convicted of D.W.I. inVermont, you will be subject to the same fines and penalties, and your right todrive will also be suspended for 90 days. There will almost certainly beconsequences in your Home State which may include license suspension for longerthan 90 days as Vermont will report your suspension to your Home State. I havethe experience, determination and skill to defend your D.W.I. charge and tohelp protect your license. Kramer & Durkin-West Dover: In the event that a criminal charge goes to trial, an individual is entitled tolegal counsel to assist him/her at trial, and to ensure that all constitutionaland statutory protections are extended to the Defendant. Burlington Stephen MacKenzie : Is marijuana decriminalised in Vermont NO! many students mistakenly think that small amounts of marijuana are decriminalised here. Even a small quantity of marijuana can result in a criminal conviction, which will lead to a loss of eligibility for government guaranted student loans, employment opportunities, and other related unpleasantries. Murdoch & Hughes : A recent decision by Judge Kupersmith, relying on a decision of a three-justice panel of the Vermont Supreme Court, calls into question the viability of attacks on the DataMaster machine based upon violations of the fifteen-minute observation. White River Junction Michael Kainen : Frequent Drunk Driving Questions I had a buzz but I was not drunk, how can they get me for DWI/DUI? 1) Thirty years ago drunk driving meant that you were drunk. Public outcry and legislative desires to be tough on drunk driving have brought the legal limit down to .08 in most states. That is the level at which you are presumed impaired. You can be charged with DWI if you have a test below a .08. With field sobriety tests the State only needs to prove that you were slightly impaired. I wasnt even driving when they arrested me, how can they charge me with drunk driving? 2) Usually this happens in a couple of different scenarios. The first is where someone reports that you were driving erratically or that you appeared intoxicated. This person could be a store clerk, a bartender, or an angry spouse. An officer may show up at your door and ask you to submit to a test. Based on a number of factors, you could be charged with DWI/DUI. Another scenario is when someone leaves an establishment and realizes that they shouldnt be driving. They pull to the side of the road and fall asleep. An officer may approach the car to see if the occupant is okay and detect the smell of alcohol during the course of conversation. The officer never has to see you driving the vehicle. If you are in actual physical control of the vehicle, and the officer has probable cause to believe that you are impaired, you can be arrested. Actual physical control can be as simple as having the keys in the ignition while sleeping in the car. I need my license to get to work and to get my kids back and forth to school. Can I pay a higher fine and still keep my license? 3) No. In both Vermont and New Hampshire the suspension is absolute. There is no provision for work licenses or any other type of license that would allow you to operate a motor vehicle while under suspension. My friend was driving when we were in the accident. He took off before the police got there, and they arrested me. How can they do this? 4) You can be arrested if the police have probable cause to believe that you were driving, and you were impaired. You would probably want to take your case to trial. As part of your defense, it would be helpful if you could produce the phantom driver. Im guilty. I know I was wrong, is there anything you can do for me? 5) Maybe. There are very specific procedures that the police need to follow when investigating and processing someone for drunk driving. We can review the procedures to determine whether the officer made an error that would prevent the State from using your test result in court. We can negotiate with the State to try to lessen the impact regarding the amount of fine you could have to pay, or try to plea bargain to a lesser offense. In some instances we can waive your appearance at hearings so that you never need to set foot in a courtroom. I refused to submit to a test when the officer asked me, how can I figure out what my BAC was? 6) We have included a BAC calculator as part of this site. This is not intended to assist someone in determining whether or not they can operate legally (and safely), but merely to provide a guide in determining what your BAC may be. It is important to note that there are a variety of factors that may impact the accuracy of the BAC calculator. Virginia Washington Washington, DC : West Virginia Wisconsin Wyoming Other Countries Australia Canada China Beijing- Chen & Associates Denmark Christian Vinaa : + = England Singapore Raffles Law :When a driver is charged under section 67 or 68, evidence that he had at thematerial time a blood alcohol concentration in excess of 80mg of alcohol in100ml of blood creates a presumption that he was incapable of having propercontrol of the vehicle. The onus then falls on the accused to rebut thepresumption. He may not do so, however, by showing that he has a great capacityfor alcohol, since the specific limit set in section 70 is plainly intended topreclude the individual accused from introducing medical evidence as to hispersonal tolerance for drink. New Zealand Hawke's Bay- Bannister and vonDadelszen :The police officer who is dealing with you in these situations can take twoapproaches. The officer can make it easy for you or he/she can make it hard foryou. Invariably, if you, as a potential offender, are arrogant, obnoxious orabusive, you will be dealt with differently than a person who is polite andcordial. After all, it is the police who decide whether or not to release youthat evening. In many cases, the police will give a non-demanding offender alift home. Those who are offensive will, at the worst, find themselves lockedup in the cells to "sober up" or, at best, find themselves walking home.
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