DUII Driving under the

DUI Arrest An officer

CHRONOLOGY OF A DUI ARREST SERVICES PROGRAMS PRESS PUBLICATIONS DEPARTMENTS CONTACT Chronology of a DUI Arrest An officer stops a vehicle at a roadside safety check or for probable cause, reasonable suspicion or unusual operation. The officer observes the driver and requests a driver's license, vehicle registration and insurance card. If the officer suspects the driver is under the influence, the driver is requested to submit to field sobriety tests. If the officer does not suspect the driver is under the influence, the driver is released with any applicable violations. If the officer has probable cause based on the field sobriety tests, the driver is placed under arrest for DUI and taken to the police station. The driver is requested to submit to a chemical testing of breath, urine or blood. If the chemical test determines the driver is not under the influence, the driver is released with any applicable violations. If a tested driver's BAC is more than .05 but less than .08 percent and no drugs are found in the system, no Statutory Summary Suspension will apply. However, the associated DUI charge will remain until appropriate action is taken by the court. If the driver refuses or fails to complete testing, the Statutory Summary Suspension will apply. A repeat offender who refuses testing will not be eligible for a Restricted Driving Permit (RDP) during the three-year suspension. A repeat offender who takes the test and fails is not eligible for an RDP during the 12-month suspension. If the driver's test results show a BAC of .08 percent or more, or any trace of a drug, illegal substance or intoxicating compound, the driver will be issued a law enforcement sworn report notifying the driver of a Statutory Summary Suspension. If the driver's license is valid, a receipt is issued that will allow driving for 45 days. A driver may obtain additional testing at his/her own expense; the results are admissible in court. The offender is required to post bond and may be detained until bond is posted. The offender's vehicle may be towed, impounded or seized. Table of Contents Message | DUI | DUI Facts | Chronology of a DUI Arrest | Statutory Summary Suspension | Penalties for a DUI Conviction | Driving with a BAC of .16 or Greater | DUI with a Child in the Vehicle | Penalties for Other Alcohol-Related Offenses | Administrative License Revocations | Judicial Hearings | Driving Permits | Driver's License Reinstatement | Case Dispositions | Average Cost of a DUI Conviction | "Use It & Lose It" | Offenses Related to Underage Drinking | Secretary of State Programs | Victims Rights | Emergency Room Reporting of Injured Impaired Drivers | History of DUI Laws in Illinois | This edition of the DUI Fact Book is as accurate as possible at the time of publication. This manual does not cover every aspect of Illinois' DUI laws and should not be cited as a legal authority in court. BACK TO CYBERDRIVEILLINOIS.COM HOME PAGE

PSU - Student Legal and Mediation Services DUIIYOUR RIGHTS AND RESPONSIBILITIES BEFORE GOING OUT: THINGS TO KNOW ABOUT DUII Driving under the influence of intoxicants (DUII) is a Class A Misdemeanor in Oregon. The minimum penalty for a DUII conviction is a $1000 fine and two days of incarceration. The maximum penalty for a DUII conviction is a $5000 fine and up to one year in jail. Even if one is not convicted, they will likely incur high financial costs associated with hiring an attorney, a diversion program (see below), court fees, as well as increased automobile insurance premiums that will likely result from the arrest. A person does not have to be "drunk" to be charged with DUII; they only have to be "under the influence" of alcohol. Being under the influence means that someone is perceptibly affected by alcohol in the way they think, act, or speak. In Oregon, if someone has a breath test result of .08 blood alcohol level or higher, they are presumed to be under the influence for purposes of DUII. If the person is under 21, they are presumed to be under the influence if they have had any alcohol whatsoever. Generally, a 170 lb male's blood alcohol level will reach .08 or higher by having four drinks (12 ounce beer, glass of wine, shot of hard liquor) in one hour or five drinks in two hours. A 140 lb female's blood alcohol level will reach .08 or higher by having three drinks in one hour or four drinks in two hours. It is important to remember that the number of drinks it takes to reach a certain blood alcohol level varies from person to person and is dependent on many factors, including gender, weight, and food consumed before drinking. For example, it may actually take less than four drinks in one hour for a 170 lb males blood alcohol level to reach .08 and less than three drinks in one hour for a 140 lb females blood alcohol level to reach .08. Thus, it is very important for people to have a designated driver and to know their limits when drinking. If someone has had several drinks in an hour or two or has had many drinks over the course of an evening, it is always best for them to let a friend drive them home or call a cab. A person is taking a huge risk by getting in their car and thinking that they wont get pulled over if they just drive slow. Remember that the $30 cost of a cab or the inconvenience of staying overnight at a friend's house are far preferable to the thousands one may have to spend if they are pulled over and arrested for DUII. WHAT TO DO IF PULLED OVER If someone is pulled over for suspicion of DUII, it is important for them to be polite and amicable with the police officer. Being argumentative or emotional may agitate the officer and will often make things worse. The officer will probably ask the person if they have had anything to drink and then ask them to take an eye test or horizontal gaze test. The person may politely refuse to take the eye test and state that they wish to speak with an attorney before taking the test or answering any questions. However, the police officer may then arrest the person at this point if they choose not to comply. Field Sobriety Tests The person may be asked to take a field sobriety or balance test. These tests usually involve walking back and forth in a straight line while counting out their steps aloud and keeping their arms at their sides. The person may politely refuse to take the field sobriety test and state that they do not want to take a test or say anything until they have had the opportunity to consult with an attorney. The officer may arrest them if they refuse to take the field sobriety test, after which the person may assert their right to an attorney and remain silent. It should be noted that these tests are difficult to take even when sober--especially when under the watchful eye of a police officer. Someone who has had very little to drink and is well-coordinated may want to take the balance test. However, there have been many instances where people believed themselves to be sober enough to perform well but instead failed miserably. The police officer's report may include in detail how well or poorly the person performed on the test and what parts of the test they failed. Breath Tests Along with a field sobriety test, it is likely that the person will be asked to take a breath test. Unlike the eye and balance tests however, there are fairly serious consequences for refusing to take a breath test. If one refuses to take the breath test, their license will automatically be suspended for one year or possibly three years depending on their record. So unless the person does not care about having their license suspended outright for one year, it is usually advisable for them to take the breath test and prepare to come up with a good defense if they fail it and are arrested. If someone takes the test and has a blood alcohol level of .08 or higher (or anything above .0 if the person is a minor), that will lead to an arrest for DUII. Failing a breath test automatically leads to having one's license suspended by the DMV for 90 days, which is imposed independently of any sentence the court hands down later. Assuming the person is not later convicted, they will be able to get their license back after the 90-day period by paying a $53 reinstatement fee to the DMV. If the person is convicted, they will lose their driving privileges for at least one year. Immediately After Arrest After being arrested, the person may tell the officer that they would like to assert their right to remain silent and that they do not wish to answer any questions until they speak with an attorney. They should be mindful of what they say to the officer, as they may inadvertently say something incriminating in response to the officer's questions. If the person must speak, they may want to limit their remarks to truthful explanations of any relevant medical conditions they may have. The person should remember to be polite and not hostile towards the officer. The person should contact an attorney as soon as possible so that they may find out what options are available and what defenses they might be able to raise. The person should remember to take the attorney all of their paper work. FACING THE CHARGES Appearing in Court The person must appear at the arraignment date noted on the ticket. Arraignment is when someone makes their first appearance in court and enters a plea. At arraignment, the person should be aware that if they enter a not guilty plea, they can always change it later. If the person does not have an attorney at this point, they may ask the court to appoint one for them. To be eligible for court-appointed counsel, the person must show that they do not make very much money and cannot afford to hire their own attorney. Diversion If this is the person's first DUII offense, their best option is to petition the court for diversion. Diversion is when the court allows the defendant to enter an alcohol treatment/education program as an alternative to being prosecuted. It is an 8-10 week program that involves evaluation, treatment, and random urine tests. Generally, someone is eligible for diversion if: (1) they have not been convicted of DUII in the past ten years; (2) they have not participated in a diversion program in the past ten years; (3) they have not been convicted of a violent crime involving a motor vehicle in the past ten years; and (4) the present offense did not involve death or physical injury to another person. As a matter of practice, courts usually favor diversion for first-time DUII offenders. Courts will suspend the DUII charges pending successful completion of the program, after which the person may have the charges dismissed. While diversion is preferable to being prosecuted, it is not inexpensive. A defendant will have to pay for the cost of the program (usually around $800) as well as court fees, filing fees, and diagnostic fees. In all, diversion will end up costing a defendant at least $1000. Additionally, participation in diversion appears on their driving record and their insurance company will likely raise their premium at least 30% to 50% based on this item. A person will be notified of their option to petition for diversion at their arraignment, after which they will have 30 days to petition the court for diversion. Going to Trial If a person has failed the breath test, the test results can be rebutted by evidence of sobriety, such as the testimony of a witness who was sober at the time. Additionally, it may be possible to challenge the sufficiency of the test results with technical, legal, or factual defenses to the charges. This may include arguing that: (1) The police officer did not have probable cause to stop the person in the first place; (2) The breathalyzer was not working properly; (3) The test was administered incorrectly; (4) A medical condition caused a false reading; (5) The stop and arrest was not performed correctly. Consequences of a Conviction If convicted, the person faces a minimum penalty of a $1000 fine and either two days in jail or 80 hours of community service. However, a conviction may result in a $5000 fine and up to two years in jail or 240 hours of community service. The person will also be responsible for the cost of attending a treatment program (up to $1000), as well as any fines and fees imposed by the court. Additionally, the conviction may cause their insurance carrier to dramatically increase their premium or cancel their policy altogether. FINAL THOUGHTS The costs and penalties that result from a DUII arrest in Oregon are steep and reflect the state's commitment to keeping drunk drivers off the roads. One should keep the potential repercussions of drinking and driving in mind before they go out for a round of drinks. Even if they manage to avoid getting into a car accident, the state's law enforcement policies will not let them off easily, as a DUII charge could end up costing them several thousand dollars and possibly result in jail time.

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Original DUI Attorney - DWI Lawyer Directory and Drunk Driving Defense Guides - since 1997 - www.DUI-Help.com Find your statebelow and click for information (choosestate) Alabama Alaska Arizona Arkansas California Canada Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinoi s Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada NewHampshire NewJersey NewMexico NewYork NorthCarolina NorthDakota Ohio Oklahoma Oregon Pennsylvania RhodeIsland SouthCarolina SouthDakota Tennessee Texas Utah Vermont Virginia Washington WestVirginia Wisconsin Wyoming Canada Did You Know? You can purchase Drunk Driving Defense related books here on this site.Click Books for more information. SecureDo-it-yourself Quiz Do YouHave a Case? FreeDefense Report SecureAsk-your-question Form NoObligation FreeConsultation LargestCollection of DUI Qualified Directory Search Page Find anAttorney DWI DUI Expert Lawyers &Attorneys can apply to have practicelisted in the directory, clickhere Get your Free Defense Report above BREAKINGDUI NEWS & DUI BLOG stories from agencies acrossthe internet 1/15/2006 - BLOODalcohol content calculations Health24.com - Cape Town,South Africa When you drink, your blood alcohol levels are not skyhigh withinminutes. When alcohol is consumed and the blood alcohol concentration... 1/8/2006 - SFST -Standardized Field Sobriety Tests - Junk or Not? AZ Central.com - AZ,USA ... slew of DUI defense attorneys have been assiduously picking apartBurns' research on the standardized field sobriety tests for years.Spurgeon Cole, a Georgia ... 12/25/2005 - SITESand Sound Advice For Your Eve Washington Post - United States ... In case you're thinking of trying your luck at avoiding the law,consider that a DUI these days will cost you at least $7,800.FriendsDriveSober ... 12/6/2005 - THE Claim:Never Drink on an Empty Stomach New YorkTimes - United States ... But the subjects also reached significantlylower blood-alcohol levels over all - on average about 70 percent ofwhat they were on the day they skipped ... 12/4/2005 - HOWmuch booze OK? Debate of .05 or .08 blood-alcohol level EdmontonSun - Canada Raynald Marchand, the Canada Safety Council'smanager of trafficsafety, says criminalizing motorists with a blood-alcohol concentration(BAC) of .05 is the ... 12/3/2005 - Sucking on a pennyor a breath mint will help someone who has been drinking defeat abreathalyzer test . fromSnopes.com ... 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The days are gonewhen ... **editor'snote -the common DUI DWI is not mentioned once in this article. 11/5/2005 - CRITICIZING'zero tolerance' for DUIs is nonsense DailyPress - Newport News,VA,USA ... breath, her speech, any redness of her eyes, herability to performstandard field sobriety tests and the result of the preliminary breathtest taken at the ... 11/4/2005 - LEGALIZEDRUNK DRIVING FreeMarket News Network - PompanoBeach,FL,USA ... ransom note. Now the feds declare that ablood-alcohol level of0.08 percent and above is criminal and must be severely punished. The... Past News Stories Here sitemap RSSFeeds NewAttorney Listings - Begin Here Onlyqualifiedlawyers are selected to become members of this prestigious directory ( Back to Top of Page ) (to payannual listing dues, please usePayPal below) Alllawyers, attorneys andlaw firms listed are responsible for their advertising. Before hiringany professional, please check them out with your local State BarAssociation or Better Business Bureau. DUI-Help.com is solely adirectory similar to any telephone book. We have no control of theprofessional's administration of legal duties in your case. 1996-2006© DUI-Help.com. All rights reserved. Alexa Report at the National SafetyCouncil Drug ImpairedDriving How Good Drivers Get Killed , a special report fromReader's Digest We hope you never get arrested for drinkingand driving. Read on ... 1998 HEADLINE DUI-Help.combecomes 1st niche drunk driving defense website on the internet. Firsttooffer free consultations by email, call back, or CGI form. DUI-Help.comout performs LegalMatch, Findlaw, LawInfo and all others in drunkdriving defenseassistance to the public. HAVE LAWYER CALL YOU A.C.L.U.Police Bust Card available Policeabuse is a serious national problem -- and one that especially affectsyoung people and people of color. While many police officers do striveto be courteous, and while we all understand the stress and dangerinvolved in policing, each of us has the right to be treated withrespect -- and without abuse -- by the police ... FULL ACLUPAGE - Download Card OurBookstore will help you find the best defense literature for your case. BOOKSTORE MADD-NESS & Money Get Your Own Breathalyzer! LawyersElsewhere 500+DUI law firms CA'sDUI-Clinic.org DUI-Help-CA.com 1-800-Dial-DUI.com drunkdrivingdefense.com dui-dwi.com 1800DUIlaws.com PLAYTIME IsYour Mugshot on the Web ? Do You Need a Degreein Drinking Alcohol ? if you have alawyer, you need to get your mind off your arrest. Check outCalifornia's Vacation Wonderland Monte-Rio.info Monster Swap Links

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