drunk driving laws, FAQs

Driving under influence of

61-8-442. Driving under influence of alcohol or drugs -- driving with excessive alcohol concentration -- ignition interlock device. 61-8-442. Driving under influence of alcohol or drugs -- driving with excessive alcohol concentration -- ignition interlock device. (1) In addition to the punishments provided in 61-8-714 and 61-8-722 , regardless of disposition and if a probationary license is recommended by the court, the court may, for a person convicted of a first offense under 61-8-401 or 61-8-406 , restrict the person to driving only a motor vehicle equipped with a functioning ignition interlock device during the probationary period and require the person to pay the reasonable cost of leasing, installing, and maintaining the device. (2) If a person is convicted of a second or subsequent violation of 61-8-401 or 61-8-406 , in addition to the punishments provided in 61-8-714 and 61-8-722 , regardless of disposition, the court shall order that each motor vehicle owned by the person at the time of the offense be either: (a) seized and subjected to the forfeiture procedure provided under 61-8-421 ; or (b) during the 12-month period beginning with the end of the period of driver's license revocation, equipped with a functioning ignition interlock device and require the person to pay the reasonable cost of leasing, installing, and maintaining the device. (3) Any restriction imposed under this section must be included in a report of the conviction made by the court to the department in accordance with 61-11-101 and placed upon the person's driving record maintained by the department in accordance with 61-11-102 . (4) The duration of a restriction imposed under this section must be monitored by the department. History: En. Sec. 8, Ch. 107, L. 1997; amd. Sec. 3, Ch. 258, L. 1999; amd. Sec. 4, Ch. 300, L. 2003; amd. Sec. 5, Ch. 329, L. 2003; amd. Sec. 3, Ch. 547, L. 2005; amd. Sec. 117, Ch. 596, L. 2005.

Google Directory - Society > Law > Legal Information > Drunk Driving Directory Help Search only in Drunk Driving Search the Web Drunk Driving Society > Law > Legal Information > Drunk Driving Go to Directory Home Categories Defense Lawyers (228) Related Categories: Health > Addictions > Substance Abuse > Alcoholism (1026) Society > Issues > Health > Alcohol > Drunk Driving (145) Society > Law > Services > Expert Witnesses (1418) Web Pages Viewing in Google PageRank order View in alphabetical order Century Council - National Hardcore Drunk Driver Project - http://www.dwidata.org/ Information and links for drunk driving law enforcement, prosecution, prevention and alcoholism treatment, sponsored by an organization of distillers. National Center for Injury Prevention and Control - Impaired Driving Studies. - http://www.cdc.gov/ncipc/factsheets/drving.htm Injury fact sheet on alcohol-related motor vehicle accidents. Transport Canada - Information on Drinking and Driving - http://www.tc.gc.ca/roadsafety/tp/tp1535/menu.htm Includes information from the Canadian government about national, provincial, and territorial laws concerning standards and penalties for driving impaired, as well as information about how the laws are applied. Intoximeter's Drink Wheel - http://www.intox.com/wheel/drinkwheel.asp Calculator to approximate blood-alcohol levels. Police Notebook - BAC Calculator - http://www.ou.edu/oupd/bac.htm Facts about alcohol consumption, a blood-alcohol chart and online calculator, provided by the Oklahoma University Police Department. National Highway Traffic Safety Administration - http://www.nhtsa.dot.gov/people/injury/alcohol/ Information and resources on drunk driving and its effects on society, as well as prosecution and adjudication of impaired driving offenses. Steven Oberman - DUI Network - http://www.duinetwork.com/ Tennessee drunk driving laws, FAQs and information. U.S. Federal Aviation Administration - http://asi.faa.gov/duidwi/index.html Rules, regulations, and programs, relating to drunk driving offenses by pilots. National Highway Traffic Safety Administration - Detecting Drunk Drivers - http://www.nhtsa.dot.gov/people/injury/alcohol/dwi/dwihtml/ Description of visual cues to drunk driving, from USDOT's DWI Detection Guide. Lawrence Taylor - Drunk Driving Law Center - http://www.duicenter.com/ Attorney site providing information for attorneys and the public on California's drunk driving laws, science, and police procedures. National College For DUI Defense, Inc. - http://www.ncdd.com/ Providing legal training and information for drunk driving defense attorneys and accused drunk drivers. Insurance Institute for Highway Safety - http://www.hwysafety.org/safety%5Ffacts/state_laws/dui.htm Overview of state drunk driving laws and penalties. Whats Driving You? - http://www.whatsdrivingyou.org/ Information about alcohol, drinking and driving, and ways to think about behaviors associated with drinking, with summaries of drunk driving and 'zero tolerance' laws by state, from Intervention Instruction, Inc. American Prosecutor's Research Institute - National Traffic Law Center - http://www.ndaa-apri.org/apri/programs/traffic/ntlc_home.html Drunk driving legal issues, prosecutorial and judicial resources, legal briefs and a newsletter. National Highway Traffic Safety Administration - Highway Safety Desk Book - http://www.nhtsa.dot.gov/people/injury/enforce/deskbk.html The officer's guide to DUI detection and investigation. Road Traffic Authority, NSW - Drug and Alcohol Offences - http://www.rta.nsw.gov.au/rulesregulations/penalties/serioustrafficoffences/newpenalties.html Information from the government of New South Wales, Australia, primarily about penalties for alcohol-related driving offences. Impaired Driving On Trial - http://www.iupui.edu/~iutox/Impaired_Driving/ Information about how driving behavior is affected by alcohol and drugs, as well as scientific and evidentiary issues relating to criminal prosecution, from the Indiana Department of Toxicology. Last revised, September 30, 2003. Land Transport Safety Authority - http://www.ltsa.govt.nz/road-user-safety/motorists/drink.html New Zealand statistics and penalties for drink driving. Thomas Anelli - NYSDWI.com - http://www.nysdwi.com Summary of New York's drunk driving laws, from an attorney. National Highway Traffic Safety Administration - On DWI Laws in Other Countries - http://www.nhtsa.dot.gov/people/injury/research/pub/DWIothercountries/dwiothercountries.html Comparison of laws in other countries with those in the United States. Includes data about illegal levels of blood alcohol content, sanctions for first and multiple offenses, rehabilitation and regranting of licenses, drivers licensing laws, enforcement practices, BAC testing rules, laws related to youth, and social attitudes. National Highway Traffic Safety Administration - Sobriety Checkpoints. - http://www.nhtsa.dot.gov/people/injury/alcohol/SobrietyCheck/caselaw.html State-by-state summary of laws and cases permitting or prohibiting DUI checkpoints and/or saturation patrols. Bose Law Firm - http://www.vatrafficlaw.com/ Information on Virginia drunk driving and traffic laws. Loring N. Spolter - FLDUI.com - http://www.fldui.com/ Information concerning laws and law enforcement, from a Florida attorney. Moore, Gunter & Barrett - http://www.dallas-dwi-lawyer.com/ Law firm site providing legal information on driving while intoxicated in Texas. Cowan, Smith & Kirk - http://dui.cowanlawfirm.com/ Information on Washington State drunk driving laws, penalties and procedures, from a law firm. Marbella-Lawyers.com - http://www.marbella-lawyers.com/DrunkDriving.shtml Guide to drunk driving laws in Spain. HowStuffWorks - How Breathalyzers Work - http://www.howstuffworks.com/breathalyzer.htm/printable Examination of the scientific principles and technology behind breath alcohol testing devices. Help build the largest human-edited directory on the web. Submit a Site - Open Directory Project - Become an Editor Modified by Google - ©2005 Google Advertise with Us - Jobs, Press, Cool Stuff...

Drunk Driving Laws Are

Drunk Driving Laws Are Out of Control Home About Us Experts Newsroom Events Publications Research Areas Cato Store Subscriptions Contribute Search "Advanced Search Search Tips Style Switcher Publications Books Policy Studies Regulation Cato Audio Cato Journal Cato Supreme Court Review Cato Policy Report Cato's Letter Cato Handbook on Policy Economic Freedom of the World Congressional Testimony Legal Briefs To Be Governed... White Papers Contribute Click here to learn more about supporting the Cato Institute. 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Cannon [ Archives ] The White Witch of Mercantilism -- Today's Hot Topic Hurricane Katrina -- Daily Dispatch State of the Union BB&T Backs Property Rights You and What Army [ Archives ] Cato In the Media Listen to Michael Cannon discuss Medicare and health care policy on The Jim Bohannon Radio Show on Thursday at 10:00 p.m. July 27, 2004 Drunk Driving Laws Are Out of Control by Radley Balko Radley Balko is a policy analyst for the Cato Institute. When Pennsylvanian Keith Emerich went to the hospital recently for an irregular heartbeat, he told his doctor he was a heavy drinker: a six-pack per day. Later, Pennsylvania's Department of Transportation sent Emerich a letter. His driver's license had been revoked. If Emerich wanted it back, he'd need to prove to Pennsylvania authorities that he was competent to drive. His doctor had turned him in, as required by state law. The Pennsylvania law is old (it dates back to the 1960s), but it's hardly unusual. Courts and lawmakers have stripped DWI defendants of the presumption of innocence - along with several other common criminal justice protections we afford to the likes of accused rapists, murderers and pedophiles. In the 1990 case Michigan v. Sitz , the U.S. Supreme Court ruled that the magnitude of the drunken driving problem outweighed the "slight" intrusion into motorists' protections against unreasonable search effected by roadblock sobriety checkpoints. Writing for the majority, Chief Justice Rehnquist ruled that the 25,000 roadway deaths due to alcohol were reason enough to set aside the Fourth Amendment. The problem is that the 25,000 number was awfully misleading. It included any highway fatality in which alcohol was in any way involved: a sober motorist striking an intoxicated pedestrian, for example. It's a number that's still used today. In 2002, the Los Angeles Times examined accident data and estimated that in the previous year, of the 18,000 "alcohol-related" traffic fatalities drunk driving activists cited the year before, only about 5,000 involved a drunk driver taking the life of a sober driver, pedestrian, or passenger. Unfortunately, courts and legislatures still regularly cite the inflated "alcohol-related" number when justifying new laws that chip away at our civil liberties. For example, the Supreme Court has ruled that states may legislate away a motorist's Sixth Amendment right to a jury trial and his Fifth Amendment right against self-incrimination. In 2002, the Supreme Court of Wisconsin ruled that police officers could forcibly extract blood from anyone suspected of drunk driving. Other courts have ruled that prosecutors aren't obligated to provide defendants with blood or breath test samples for independent testing (even though both are feasible and relatively cheap to do). In almost every other facet of criminal law, defendants are given access to the evidence against them. These decisions haven't gone unnoticed in state legislatures. Forty-one states now reserve the right to revoke drunken driving defendants' licenses before they're ever brought to trial. Thirty-seven states now impose harsher penalties on motorists who refuse to take roadside sobriety tests than on those who take them and fail. Seventeen states have laws denying drunk driving defendants the same opportunities to plea bargain given to those accused of violent crimes. Until recently, New York City cops could seize the cars of first-offender drunk driving suspects upon arrest. Those acquitted or otherwise cleared of charges were still required to file civil suits to get their cars back, which typically cost thousands of dollars. The city of Los Angeles still seizes the cars of suspected first-time drunk drivers, as well as the cars of those suspected of drug activity and soliciting prostitutes. Newer laws are even worse. As of last month, Washington State now requires anyone arrested (not convicted -- arrested ) for drunken driving to install an "ignition interlock" device, which forces the driver to blow into a breath test tube before starting the car, and at regular intervals while driving. A second law mandates that juries hear all drunken driving cases. It then instructs juries to consider the evidence " in a light most favorable to the prosecution ," absurd evidentiary standard at odds with everything the American criminal justice system is supposed to stand for. Even scarier are the laws that didn't pass, but will inevitably be introduced again. New Mexico's state legislature nearly passed a law that would mandate ignition interlock devices on every car sold in the state beginning in 2008, regardless of the buyer's driving record. Drivers would have been required to pass a breath test to start the car, then again every 10 minutes while driving. Car computer systems would have kept records of the tests, which would have been downloaded at service centers and sent to law enforcement officials for evaluation. New York considered a similar law. That isn't to say we ought to ease up on drunken drivers. But our laws should be grounded in sound science and the presumption of innocence, not in hysteria. They should target repeat offenders and severely impaired drunks, not social drinkers who straddle the legal threshold. Though the threat of drunken driving has significantly diminished over the last 20 years, it's still routinely overstated by anti-alcohol activists and lawmakers. Even if the threat were as severe as it's often portrayed, casting aside basic criminal protections and civil liberties is the wrong way to address it. Contact Us | Jobs at Cato | Links of Interest Support the Cato Institute Send this page to a friend Printer Friendly Version 1000 Massachusetts Avenue, N.W. Washington D.C. 20001-5403 Phone (202) 842-0200 Fax (202) 842-3490 All Rights Reserved © 2006 Cato Institute

DUI Attorney

California dui lawyer telephone hiring tips 888 - 4 - TOPGUN ® "Friends don't let friends plead guilty" TM 10 TIPS ON HIRING A CALIFORNIA DUI LAWYER OVER THE TELEPHONE While it may seem easier to hire a dui defense lawyer over the phone, in the long run it is always better to meet with the prospective attorney in their office before hiring them. However, in the event that you are seeking to hire a lawyer based on a telephone conversation, may I suggest you ask the attorney the following questions: How many DUI or DWI jury trials have you successfully defended? Do you have sufficient personnel in order to effectively represent me in court and before the DMV? If you were arrested for DUI, who would you hire to represent you? What percentage of your practice is devoted to drunk driving defense? What seminars, if any, have you attended in the last six months concerning drunk driving defense? What seminars, if any, have you conducted in teaching other lawyers how to effectively represent people accused of drunk driving? What percentage of your DUI clients do you plead guilty without filing any pre-trial motions or conducting a jury trial? Are you available for in person or telephone conferences at my request? What books, articles or legal treatises have you published on the subject of defending drunk driving cases? Do you use experts and investigators in defending drunk driving cases? Please bear in mind you get what you pay for. In other words, if a lawyer's fees appearrelatively inexpensive, there probably is a reason for it. Find out if the attorney has a reputationfor pleading his/her clients guilty or does he/she have a reputation for fighting and winningdrunk driving cases? I hope this information assists you in deciding which attorney you feel is best for you. The most important decision you will make in defending yourself is who you decide to hire torepresent you! Again, if you wish to discuss your case with me, please feel free to contact myoffice to schedule an appointment. My toll free number is 1-888-4TOPGUN . I look forwardto meeting you. Please Click Here to Go to Southern California's "Top Gun DUI Defense Attorney"Myles L. Berman's Home Page.

DUI Insurance

Nevada DUI Guide: Car Insurance Everything You Need to Know About First Offender DUI / DWI, Drinking Driving and Drugs Home | State By State Help | DUI Lawyers | Insurance Help | Breath Testers | DUI Videos Other States Nevada Topics Nevada DUI Nevada Car Insurance Nevada DUI Lawyers Google Search Results Nevada Car Insurance Since 1993, InsureMe has helped countless consumers save money on their auto insurance. Fast, easy and free. With our free service, enter your information once and you are instantly matched with the most competitive companies in the business. You'll get back up to five quotes so you can compare and save. At InsureMe, we shop your insurance so you don't have to. Your privacy is important to us. At InsureMe, we use the highest level of security available to safeguard your personal information. We hate spam just as much as you do, so we'll never sell or rent your email address for mass marketing. Why not get started today? Get Quote Now Home > State By State Help > Nevada DUI > Car Insurance DISCLAIMER : This website provides only general information intended for those charged with drunk driving offenses. The information and news items on the site are for information only. This information is not legal advice, nor is it intended to create any binding advisory relationship. Do not take action based upon this information unless you consult with an attorney or other specialist. © 2005 Drivers Research Institute   All Rights Reserved   Send eMail   Advertise With Us