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Illinois Drunk Driving Defense Find a DWI DUI Drunk Driving Lawyer in your state. Sponsor Attorney Andy Sotiropolus : Is Your Prosecuting Attorney Duping You? Even though you've been arrested for DUI, you don't have to let itruin your life. You may not realize it yet, but if you are thinkingabout simply going to court and pleading guilty to your DUI charge youmay be cheating yourself. You see, a qualified attorney can reviewthe case for defects, suppress evidence, compel discovery of suchthings as calibration and maintenance records for the breath machine,have blood samples independently analyzed, obtain expert witnesses all of which may help you to win your case at trial. To find outwhat you need to know about your DUI arrest I've developed a websiteto give you a wealth of useful information . . . information which willshow you how you may be able to save your license and your freedom . .. and possibly avoid fines, fees, and sharply increased car insurancecosts of as much as $6,800. For the most part, my easy-to-navigatesite has information on it which you can't get anywhere else unless youare willing to do a great deal of legal research. When you're on mysite, you'll also learn how you can get a free, no-obligationconsultation where I'll review your case and show you how I may be ableto save your license and your freedom. Illinos DUI DrunkDriving Defense Information Search for Illinois DUIDefense Attorneys by County Illinois Secretary of State "Driving Under the Influence" is defined as operating a motor vehiclewhile impaired by alcohol, other drugs or intoxicating compounds. InIllinois, a driver is legally considered to be under the influence ifhe/she has a blood-alcohol content (BAC) of .08 percent or greater, hasused any illegal substance, or is impaired by medication. A driver'sBAC is based on the ratio of alcohol to blood or breath. However, anindividual showing alcohol levels between .05 and .08 percent may beconvicted of DUI if additional evidence determines that the driver wasimpaired. Attorney Offices by Municipality Altamont Taylor LawOffice :During the past few decades, a crusade throughout Illinois and the nation has developed to take the necessary stepsto enact laws to deal with the problem of drunk driving. Whilealmost every state has toughened its laws on drinking and driving,Illinois has taken a leading role in enacting thesetougher laws. For many years, Taylor Law Offices, hasdefended clients facing Driving Under the Influence orDriving While Intoxicated charges. A person charged with DUI is well-advised to retain the services of an attorney torepresent him during the hearing process and possible requests fora judicial driving permit. The consequences of a DUI conviction are harsh, ranging from losing driving privileges, tostiff fines, to a potential prison sentence.Automobile companies have access, under law, to thedriving records of Illinois motorists, and when they learn of DUIconvictions or license suspensions, insurance cancellation ispossible, with new coverage able to be obtained only at a sharply increased price. Arlington Heights Dan Robin : In todays world, there is zero-tolerance for drunk driving. Traffic deaths and injuries associated with drunk driving have led most states to decrease the acceptable blood alcohol level for driving. Unlike Otis on the Andy Griffith Show, its unlikely you will get away with a slap on the wrist and a wink of the eye.Today, the circumstances surrounding a DUI can mean the loss or suspension of your license, insurance coverage problems, loss of employment, even jail. Judges and prosecutors have little patience with a crime that is seen as entirely preventable and indicative of a disregard of public outrage. John Vojta :Although most people don't think of them as crimes, trafficviolations can have serious criminal consequences. Thesetraffic-related cases can become part of a criminal record, and itis crucial to have experienced legal help. A license suspension canhappen when a driver receives several minor tickets or, in somecases, one serious ticket. A conviction of a traffic offense suchas reckless driving, speeding, or driving with a suspended licensewill result in fines and may affect your driving record andincrease your insurance rates. Brian Crowley :When you are charged with a crime, you encounter serious concernsabout your future and the future of your family. Aurora Don Zuelke :Some traffic offenses result merely in a fine; others may result insuspension or revocation of one's driver's license or even jailtime. Among the most serious traffic offenses are driving under theinfluence or alcohol or drugs (DUI) and driving on a suspended orrevoked license, especially where the suspension or revocation isbased on a DUI. The legislature continues to increase the penaltiesand other consequences for these offenses, and has increased thecircumstances under which one can be charged with felony trafficoffenses. Good legal representation is important to ensure thatyour rights are protected if you are charged with a serious trafficoffense. Barrington Joseph Lucas :If you have had too much to drink and do not want to drive yourcar, do not sleep off the effects of the alcohol in your car. TheIllinois Supreme Court has found that a man who was sleeping in hiscar with the car running and a blood-alcohol level of 0.18 wasguilty of driving under the influence. At trial, the defendant wassentenced to one year of court supervision and a $250 fine. Batvia Covey Law Office: The following are just a few of the available defenses in DUI cases. Driving. The prosecution must prove you were driving; Probable cause. Evidence must be suppressed if the officer did not have legal cause to (1) stop, (2) detain, and (3) arrest; Miranda; Implied consent warnings; "Under the influence"; Blood-alcohol concentration; Testing during the absorptive phase; Retrograde extrapolation; Regulation of blood-alcohol testing; and License suspension hearings. Bloomington Cambridge Telleen, Horberg, Smith & Carmen : If the government is trying to convict you of a crime, you need an experienced attorney to protect your rights. Carbondale Hugh Williams : Any one arrested for driving under the influence of alcohol and/or other drugs (DUI/DWI) must undergo an alcohol and drug evaluation before a judicial driving permit (JDP) can be granted by the Court, sentencing can occur for the DUI offense, or restricted or full driving privileges can be granted by the Office of the Secretary of State.The purpose of the evaluation is to determine the extent of the motorists alcohol and/or drug use and its associated risk to current or future public safety. The following areas are reviewed: the motorists driving history, chemical test results (BAC), Objective Test score and category, and the interview with an evaluator.The focus of the interview is past and current alcohol and drug use, as it relates to your driving history. Motorist responses are checked against the driving record, the Objective Test score, the results of chemical testing, and possibly other corroborative sources.Inconsistencies must be reconciled between the motorist and evaluator. If not, the evaluation will have no validity and could result in the following: Denial of driving privileges by either the Court or the Office of the Secretary of State.Requests by the Court or the Office of the Secretary of State to have the motorist undergo another evaluation at the motorists expense.Delay of sentencing for the DUI or a delay in consideration for judicial driving privileges by the Court or restricted or full driving privileges by the Office of the Secretary of State. Cary Loringo LawOffice:DUI/DWI Traffic violations can have serious criminal consequences,particularly when a driver is accused of driving under the influence. Aconviction on DUI/DWI charges may result in fines, the revocation orsuspension of your driver's license, and possible jail time. Inaddition, your insurance company may increase your rates to anunmanageable level. In defending against an impaired driving charge,you have many rights as a criminal defendant, including the right tocross-examine the witnesses against you, even if they are policeofficers. An experienced criminal defense attorney can make all thedifference in such a difficult case. RaymondHenehan :Traffic violations can have serious criminal consequences,particularly when a driver is accused of driving under theinfluence. A conviction on DUI/DWI charges may result in fines, therevocation or suspension of your driver's license, and possiblejail time. In addition, your insurance company may increase yourrates to an unmanageable level. In defending against an impaireddriving charge, you have many rights as a criminal defendant,including the right to cross-examine the witnesses against you,even if they are police officers. An experienced criminal defenseattorney can make all the difference in such a difficult case. Champaign Thomas A. Bruno and Associates :Illinois law provides that it is a "Class A" misdemeanor todrive with 0.08% BAC or greater, regardless of whether yourability to drive is impaired. This was changed from theprevious 0.10% effective July 3, 1997, as Illinois became the14th state to lower its level from 0.10% to 0.08%. It is alsoillegal to drive when your ability to do so is impaired byalcohol and/or drugs, regardless of your BAC. Chicago Crystal Lake Rolls & Kililis : You have the right to plead not guilty and demand that the State prove you guilty beyond a reasonable doubt. You are entitled to a trial by jury or a bench trial before a judge. You may also attempt to work out a resolution of your case with the prosecutor and enter a negotiated plea. The judge must approve the sentence. You may also enter a blind plea, with no recommendation from the prosecutor, and have the judge impose a sentence. James Bishop :A class A misdemeanor punishable by a fine of up to $2,500, pluscourt costs, and a term of incarceration in the County Jail for upto 365 days. Conviction will result in your driving privileges beREVOKED for not less than one year and usually for 3-5 years. Whena drivers license is revoked, a driver is not eligible for arestricted, probationary or hardship or any other form of license.After multiple DUI convictions, a subsequent charge of DUI can beupgraded to a felony, aggravated driving under the influence. Decatur Burger, Fombelle &Zachry:... exploiting the weaknesses of field sobriety tests and anunderstanding of the limitations of breath and blood analysis. Paul Chiligris : After you get a DUI, you will need to do a number of things. First of all, you will need to obtain a drug and alcohol evaluation. This is an evaluation performed by an evaluator licensed by the Illinois Department of Alcohol and Safety. The purpose of the evaluation is to determine what level of risk you are in driving under the influence of alcohol again and perhaps hurting someone, and what type of treatment and/or education you will need. You need to obtain the evaluation before being allowed to receive a Judicial Driving Permit. You are only allowed a Judicial Driving Permit if you are a first time offender. Des Plaines Fagan, Fagan &Davis :Illinois DUI law is extremely complex, and should be handled by anIllinois attorney competent in DUI ( drunk driving ) defense. Eachjurisdiction has different procedures for DUI or drunk driving. AChicago DUI presents different situations than a DUI in Lake countyor DuPage county. Summary Suspension of your Driver's License whichresult from your DUI arrest are also dealt with differently. Forexample, in a Chicago DUI a completely separate file exists forpurposes of addressing license suspension issues, and failure torecognize this seemingly simple difference can have an importantadverse impact on your drivers license. Before you walk into court,your attorney had better know the difference, because not knowingcan be very costly. East Alton Delaney Law Office :I strongly recommend that everyone charged with thisoffense obtain competent legal counsel. There are actuallyonly a few attorney's in our area who have even tried a DUIbefore a jury, and since I'm among that group, I have totell you that it is a different sort of trial than aFelony, as the Jury, generally, is more harsh to the DrunkDriver, than they are to the common thief. East Moline Richard Zimmer: DUI - If you are facing drunk driving charges, you need an experienced criminal defense lawyer making sure your constitutional rights are protected. Effingham Sutterfield Law Office: No area of the law has been subjected to more public scrutiny than Driving Under the Influence ("DUI") laws. Special interest groups have publicly lobbied about the dangers of drunk driving and politicians have responded by implementing harsh penalties for DUI offenders. The DUI offender also faces high insurance costs (if insurance is available). Therefore, a strong, aggressive defense is a necessity. Elgin Jonathan Carbary : Traffic violations can have serious criminal consequences, particularly when a driver is accused of driving under the influence of alcohol. A conviction of a DUI charge can result in fines, the loss of your drivers license, and possibly a jail sentence. In addition, your car insurance company may increase your rates to an unmanageable level. In defending a DUI charge, you have many rights as a criminal defendant under the law, including the right to cross-examine witnesses against you, even if they are police officers. An experienced attorney can make all the difference in such a difficult time in your life. Fox Lake Soffietti,Johnson, Teegen, Phillips & Morozin : Most people come to a lawyer for the same reason they go to a doctor: something hurts, or something isn't working right. By their very nature, most legal problems involve financial and emotional issues that can dramatically affect people's lives. Being involved in the legal system can be a stressful, frustrating, and intimidating experience for most non-lawyers. Whatever your legal difficulty, you should have an experienced and skillful attorney to represent you. Geneva Glen Ellen Brucar & Yetter : A drunk driving charge is a serious criminal charge. Most of us rely on the ability to drive to do many everyday things, such as getting to work, buying groceries, and transporting family members to activities like lessons, medical appointments, and school. A person who is charged with drunk driving stands an excellent chance of losing his or her driving privileges either temporarily or permanently, and also runs the risk of suffering more severe consequences, such as a fine or a jail sentence. If you have been accused of a drunk driving offense, contact an experienced drunk driving defense attorney without delay. You can't afford not to have expert counsel on your side. Glenville David Spada : If you are arrested and found to have a blood alcohol level of .08 percent or more in your body while operating a motor vehicle, your driving privileges will be suspended for at least three months. Repeat offenses carry more serious consequences. Grayslake Jerald Novak : If you have been arrested for a DUI, your Illinois driver's license will be suspended after forty five days if you fail to contact the Department of Motor Vehicles (DMV) within ten days of your arrest and request a hearing. Joliet Kankakee Lombard Taub & Cadiz:A DUI conviction could bring stiff fines and possible jail time. Yourauto insurance rates could go up, and you might lose your driver'slicense. Steven Mevorah :In today's society, a vehicle is a necessity. Our goal is toprotect your right to own and operate a vehicle. Our first line ofdefense is to challenge the reason that you were stopped. There arebad stops! There are many things that you need to do beforeappearing in front of a judge. We know what these things are and westrongly urge you to move quickly and contact us if you have beenarrested or cited for a traffic offense. If it is your firstarrest, our goal is make sure that you can continue driving. Forsecond offenses, the goal is often to keep you out of jail and ableto continue providing for your family. We will get you the bestshot at being able to continue driving and avoiding jail time. Butyou must move quickly. Many law firms react on behalf of theirclients to situations as they arise. That is not our way ofpracticing law. We have earned a reputation for anticipating eachstep of the legal process and informing our clients of what will behappening next, when it will happen, and how we will proceed. Fromthe time the legal process begins, we help our clients take chargeof the situation and prepare for the next proceeding. Both opposinglawyers and judges throughout Illinois know that we are alwaysprepared when we walk through the courthouse door. McHenry Scott Bentley DUI is a serious crime. Illinois has some of the toughest DUI laws. Upon an arrest for DUI the State will seek a suspension of your driving privileges. There are ways to avoid suspension upon an arrest for DUI. Matteson Wigell &Associates :A conviction on DUI/OWI charges will result in fines, driver'slicense suspension or revocation, and possibly land you in jail. Inaddition, your insurance company may increase your rates to anunmanageable level. In defending against an impaired drivingcharge, you have many rights as a criminal defendant, including theright to cross-examine the witnesses against you, even if they arepolice officers. An experienced attorney can make all thedifference in such a difficult case. Mokena Jeffrey Segall : The police are skilled in getting defendants to talk. Do not seek justice by yourself. Do not face the possibility of a suspended license and jail time alone. Protect your rights with a defense lawyer that knows criminal and traffic law. Let an attorney with knowledge of the local court system work for you. Mt. Prospect Anthony Lombardo : A high percentage of cases are plea-bargained because most individuals (first offenders) will submit to chemical testing with the result generally in the mid to high teens thus creating a presumption in favor of the prosecution and against the individual. William Walters :Drunk driving is also known as driving under the influence. InIllinois, drunk driving is a class A misdemeanor punishable by upto one year in jail or a $2,500 fine. Equally important, aconviction for DUI causes your driving privileges to be revoked. Murphysboro Fertel Law Office : What you should know if you are stopped for DUI: DRIVING UNDER THE INFLUENCE (DUI) It is illegal to operate a vehicle in Illinois with a blood alcohol content (BAC) of .08 or greater. A driver can also be charged with DUI for driving under the influence of other drugs. These may be legal or illegal substances that cause impairment to the driver. When you drive in Illinois, you agree to submit to testing for alcohol or drugs. If you refuse to do so you may be sentenced to a longer suspension of driving privileges than if you had tested over .08 and your refusal can be used as evidence against you. SUSPENSION OF DRIVER'S LICENSE The temporary withdrawal by formal action of the Secretary of State of a person's license or privilege to operate a motor vehicle on the public highways, for a period specifically designated by the Secretary. REVOCATION OF DRIVER'S LICENSE A revocation is the loss of driving privileges with no guarantee of reinstatement. An individual may apply for reinstatement at the end of the revocation period. An administrative hearing, remedial education, recent alcohol/drug assessment, substance abuse treatment and payment of applicable fees also are required. If approved, reinstatement requires retesting and fees for a new driver's license. PROBATIONARY LICENSE TO DRIVE A conditional license granting full driving privileges during a period of suspension. JUDICIAL DRIVING PERMIT A permit granted at the discretion of the State that permits a driver to drive for the purpose of employment, receiving drug treatment or medical care, and educational pursuits, where no alternative means of transportation is available. This is only granted to first time offenders. STATUTORY SUMMARY SUSPENSION When a person's privilege to drive a motor vehicle on the public highways has been summarily suspended for DUI, his or her driver's license shall be suspended: 1. Three months from the effective date of the statutory summary suspension imposed following the person's submission to a chemical test which disclosed an alcohol concentration of 0.08 or more. 2. Six months from the effective date of the statutory summary suspension for a refusal or failure to complete a test or tests to determine the alcohol, drug, or intoxicating compound concentration. 3. One year from the effective date of the summary suspension imposed for any person other than a first offender following submission to a chemical test which disclosed an alcohol concentration of 0.08. 4. Three years from the effective date of the statutory summary suspension for any person other than a first offender who refuses or fails to complete a test or tests to determine the alcohol, drug, or intoxicating compound concentration. PENALTIES If blood alcohol level is greater than .08 but less than .16 the following penalties apply: First conviction - A person convicted of DUI for the first time is guilty of a Class A Misdemeanor unless certain factors exist to enhance the punishment. Upon conviction for a Class A misdemeanor, the court is authorized to impose any of the following penalties: imprisonment for up to 364 days, probation or conditional discharge for up to two years, statutory summary suspension of license, and fines. Second Conviction - A second conviction for the offense of DUI within five years of a previous violation for DUI requires a mandatory sentence of a minimum of five days of imprisonment or 240days of community service, statutory summary suspension of license, fines, and driver's license revocation.. However, if a person had been previously placed on supervision for a DUI offense, this order of supervision cannot be considered as a prior conviction. Third or subsequent conviction - A third or subsequent conviction for the offense of DUI requires a mandatory sentence of a minimum of 10 days in jail or 480 days community service, statutory summary suspension of license, fines, and driver's license revocation. If blood alcohol level is greater than .16 the following penalties apply: First conviction - a mandatory minimum of 100 hours of community service and a minimum fine of $500. Second Conviction - a mandatory minimum of 2 days of imprisonment and a minimum fine of $1,250 for a second conviction within 10 years. Third conviction - Class 4 felony. A mandatory minimum of 90 days of imprisonment, and a minimum fine of $2,500 for a third conviction within 20 years. Fourth conviction - Class 2 felony. A minimum fine of $2,500 for a fourth conviction. Not eligible for a sentence of probation or conditional discharge. The statute provides for enhanced punishment for a person who is convicted of DUI while his or her driving privileges are suspended or revoked for violation of DUI or having been the driver of any vehicle involved in a motor vehicle accident resulting in personal injury to or death of any person. Your Constitutional Rights Silence. You have a right to remain silent because anything you say can and will be used against you in a court of law. Do not tell the police whether you drank alcohol or ingested any illegal substance. Legal Assistance. You have the right to consult with a lawyer. The lawyer may be present when you are questioned. Security. You have the right to be secure from unreasonable searches and seizures. This includes your body and your vehicle. You do not have to get out of your car unless ordered to by the police. Your Statutory Obligation Produce Driver's License. If the police officer asks to see your driver's license, vehicle registration, and proof of insurance, you must produce them. DO's and DON'Ts DO be polite and courteous DO have your driver's license, vehicle registration, and proof of insurance ready to show to the police. DO ask to speak to an attorney. DON'T answer any police questions. DON'T volunteer any information or engage in small talk. DON'T do field sobriety tests [balance tests]. DON'T sign anything. Naperville Ryan & Kavvadias : In the last twenty years, the penalties for drunk driving have become far more severe than they were in the past. First-time offenders face potential jail time and fines, although often the penalty for a first-time offense will be something less than jail time in exchange for a guilty plea. Repeat offenders are usually treated more harshly, with substantial fines and mandatory jail sentences that may not be suspended or waived by the court. State administrative regulations often call for suspension or revocation of a defendant's driver's license in addition to any criminal penalty. Defendants have sometimes tried to make the argument that this administrative suspension is double jeopardy prohibited by the U.S. Constitution, but these arguments have never succeeded. PhillipNathe : CriminalDefense There is an inequality of power and materialresources in the criminal justice system. The government has alarge staff of lawyers, police and agents, sophisticated crime labsand experts, and a huge budget provided by the taxpayers. Thisgives them a tremendous advantage because the legal system is basedon the premise that "the whole truth" is that presented at thetrial. If a defendant cannot challenge the government's case, orsubmit his or her own witnesses, then the jury by default willprobably accept as true whatever evidence the prosecutor produces. Northbrook John Greenwood : Drunk driving charges or accusations are no laughing matter. In today’s society, the penalties for DUI and drunkdriving are very large, including possible jail time and hefty monetary fines. Do not stand idly by while judgment is passed upon you. Leniency may be shown tofirst time drunk driving offenders. We can assist you in all aspects of your DUI case and stand by you throughout theprocess. There are many aspects to be analyzed in a case of driving under the influence,including: Suspension of your driver's license Illegal stop andsearch Blood alcohol content Field sobriety test Breathalyzertest Steven Rapaport: A trial court generally has the power to determine whether a defendant's sentences for multiple offenses will be concurrent or whether they will be consecutive or cumulative. However, there are limitations on the trial court's power. Such limitations include whether the offenses arose from the same criminal episode, the type of the offenses, and whether the defendant committed the offenses while he or she was incarcerated. Addis, Greenberg & Schultz : When you are accused of a crime, you find yourself in a frightening and stressful situation. No matter how minor the charge may seem, you should be represented by knowledgeable, competent counsel, who can work through the criminal justice system, give you zealous representation, and minimize the impact of the proceedings on your life. If you have been accused of a crime, or if you know someone who has been accused of a crime, do not delay in contacting an experienced criminal defense attorney. Northfield Paul Chatzky :Many state laws require criminal defendants to pay restitution totheir victims and/or to the state for harm directly caused by thedefendant's crimes. Such laws are generally enacted to providecompensation for a broad array of costs resulting from crimes suchas fraud, personal injury, death or property damage. Whendetermining costs, courts often consider victim expenses resultingfrom, among others, the inability to be gainfully employed;physical and/or psychological rehabilitation; and burial expenses.Sometimes, where feasible, defendants may be ordered to returnproperty. Northlake John Gallagher: Charges of Driving Under the Influence (DUI) can lead to real problems with your driving privileges, as well as criminal penalties. Oak Brook Oakbrook Terrace Palantine, Park Ridge, Peoria Rockford, Rolling Hills, Round Lake Beach, Schaumberg, Skokie Springfield Waukegan West Peoria Lowe & Groezinger:DUI is a serious charge that can have serious consequences. Aconviction can damage your reputation, threaten your career, andrevoke your independence behind the wheel. The financialconsequences can also place a great deal of strain on mosthouseholds. With an experienced attorney by your side, however, youwill gain peace of mind and survive the court system. Wheaten Wood Dale John Ellsworth: Any of the following can severely impact the results of tests conducted during a typical DUI arrest. For instance: Breathalizer Machines often give false readings. Police car lights can create nausea and disorientation. Medications can cause side effects that resemble intoxication. The pitch of the road can impair your balance. Woodridge MarcWolfe :Traffic violations can have serious criminal consequences,particularly when a driver is accused of driving under theinfluence. A conviction on DUI charges may result in fines, therevocation or suspension of your drivers license, and possiblejail time. In addition, your insurance company may increase yourrates to an unmanageable level. In defending against an impaireddriving charge, you have many rights as a criminal defendant,including the right to cross-examine the witnesses against you,even if they are police officers. Woodstock Caroline S.Zoes :In my mind, there is no other criminal act that has caused somany state legislatures to pass so many laws whittling away ata driver's rights than the offense of driving whileintoxicated. If you are convicted one of this offense inIndiana, in addition to any criminal penalties assessed, theCourt SHALL recommend suspension of your driving privileges forat least 90 daysand up to two (2) years RETURN TO DRUNK DRIVING DEFENSE
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Intoxicated DrivingSearch Results - THOMAS (Library of Congress) The Library of Congress THOMAS Home Bills, Resolutions Search Results THIS SEARCH THIS DOCUMENT GO TO Next Hit Forward New Bills Search Prev Hit Back HomePage Hit List Best Sections Help Contents Display GPO's PDF Display Congressional Record References Bill Summary & Status Printer Friendly Display - 13,810 bytes.[ Help ] Billno should always have and extension i.e. h1.ih Scott Gardner Act (Introduced in House) HR 3776 IH 109th CONGRESS 1st Session H. R. 3776 To improve sharing of immigration information among Federal, State, and local law enforcement officials, to improve State and local enforcement of immigration laws, and for other purposes. IN THE HOUSE OF REPRESENTATIVES September 14, 2005 Mrs. MYRICK (for herself and Mr. MCINTYRE) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To improve sharing of immigration information among Federal, State, and local law enforcement officials, to improve State and local enforcement of immigration laws, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled , SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title- This Act may be cited as the `Scott Gardner Act'. (b) Table of Contents- The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Improved Federal sharing of immigration information. Sec. 3. State and local reporting of immigration information. Sec. 4. DWI and immigration information in the National Criminal Information Center. Sec. 5. State and local enforcement of Federal immigration laws. Sec. 6. Detention and deportation of aliens for driving while intoxicated (DWI). Sec. 7. Federal detention facilities. SEC. 2. IMPROVED FEDERAL SHARING OF IMMIGRATION INFORMATION. (a) In General- The Secretary of Homeland Security shall share with the Attorney General immigration information. (b) Improved Operation of Federal Immigration Databases- (1) REPORT- Not later than 90 days after the date of the enactment of this Act, the Secretary and the Attorney General shall jointly submit to Congress a report on improving performance of Federal immigration databases to ensure the prompt entry of immigration information into such databases. (2) COMPATIBILITY- Such report shall contain recommendations to improve the compatibility among Federal immigration databases in order to-- (A) improve data entry, including eliminating of data entry backlogs; (B) increase efficiency; and (C) increase accessibility of information to Federal, State, and local law enforcement agencies. (3) PROGRESS- Such report shall include information on the progress that has been made with respect to the elimination of data entry backlogs in such databases and any additional resources required to eliminate such backlogs. (c) Definitions- For purposes of this section and section 3: (1) The term `DWI' means driving while intoxicated and includes similar motor vehicle violations. (2) The term `Federal immigration database' means each of the following: (A) The database of the LESC insofar as it relates to immigration information. (B) The database of the NCIC insofar as it relates to immigration information. (C) Any other database containing immigration information identified by the Secretary of Homeland Security. (3) The term `immigration information' means information specified by the Secretary of Homeland Security, in consultation with the Attorney General, relating to immigration, including illegal immigration. (4) The term `LESC' means the Law Enforcement Support Center. (5) The term `NCIC' means the National Criminal Information Center. (6) The term `Secretary' means the Secretary of Homeland Security. SEC. 3. STATE AND LOCAL REPORTING OF IMMIGRATION INFORMATION. (a) Requirement- (1) IN GENERAL- Subject to subsection (c), the director of each State and local law enforcement agency shall collect and report to the Secretary such immigration and DWI information and collected in the course of the director's normal duties, and in such form and manner, as the Secretary may specify for entry into Federal immigration databases. (2) CONDITION OF RECEIPT OF SCAAP FUNDING- If the director of a State or local law enforcement agency does not collect and report information in accordance with paragraph (1), such State or local law enforcement agency shall be ineligible to receive funding under the State Criminal Alien Assistance Program under section 241(i) of the Immigration and Nationality Act (8 U.S.C. 1231(i)). (3) REPORT ON RESOURCES- Not later than 90 days after the date of the enactment of this Act, the Secretary and the Attorney General shall jointly submit to Congress a report on additional resources required by State and local law enforcement agencies to comply with the requirement of paragraph (1). (b) Promotion of Law Enforcement Support Center- The Secretary shall promote the use of the LESC to State and local law enforcement agencies. (c) Exemption From State and Local Reporting of Immigration Information- State and local law enforcement agencies are not required to collect and report immigration information relating to individuals who assist law enforcement agencies in the performance of their duties, including as an informant, witness or in other similar capacity. SEC. 4. DWI AND IMMIGRATION INFORMATION IN THE NATIONAL CRIMINAL INFORMATION CENTER. (a) Inclusion- DWI and immigration information in the NCIC-- (1) shall appear as a flag on the wants/warrants page of the NCIC; and (2) shall be timely and readily available to State and local law enforcement officers while they are in the course of their normal duties. (b) Mandatory Detention- A State or local law enforcement officer who finds a flag for a DWI and immigration violation of an alien on the wants/warrants page of the NCIC and who arrests the alien shall detain the alien in a State or local jail until the alien can be transferred to Federal custody. SEC. 5. STATE AND LOCAL ENFORCEMENT OF FEDERAL IMMIGRATION LAWS. (a) In General- Section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)) is amended-- (1) in paragraph (1), by striking `may' and inserting `shall' the first place it appears; (2) in paragraph (2), by adding at the end the following new sentence: `If such training is provided by a State or political subdivision of a State to an officer or employee of such State or political subdivision of a State, the cost of such training (including applicable cost of overtime) shall be reimbursed by the Secretary of Homeland Security.'; and (3) by striking paragraph (9) and redesignating paragraph (10) as paragraph (9). (b) Effective Dates- (1) REQUIREMENT FOR AGREEMENT- The amendments made by paragraphs (1) and (3) of subsection (a) shall take effect on such date (not later than 1 year after the date of the enactment of this Act) as the Secretary of Homeland Security shall specify. (2) PAYMENT FOR TRAINING COSTS- The amendment made by subsection (a)(2) shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act. SEC. 6. DETENTION AND DEPORTATION OF ALIENS FOR DRIVING WHILE INTOXICATED (DWI). (a) In General- Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226) is amended-- (1) in subsection (c)(1)-- (A) in subparagraph (C), by striking `or' at the end; (B) in subparagraph (D), by adding `or' at the end; and (C) by inserting after subparagraph (D) the following new subparagraph: `(E) is deportable on any grounds and is apprehended for driving while intoxicated, driving under the influence, or similar violation of State law (as determined by the Secretary of Homeland Security) by a State or local law enforcement officer covered under an agreement under section 287(g),'; (2) by redesignating subsection (e) as subsection (f); and (3) by inserting after subsection (d) the following new subsection: `(e) Driving While Intoxicated- If a State or local law enforcement officer apprehends an individual for an offense described in subsection (c)(1)(E) and the officer has reasonable ground to believe that the individual is an alien-- `(1) the officer shall verify with the databases of the Federal Government, including the National Criminal Information Center and the Law Enforcement Support Center, whether the individual is an alien and whether such alien is unlawfully present in the United States; and `(2) if any such database-- `(A) indicates that the individual is an alien unlawfully present in the United States-- `(i) an officer covered under an agreement under section 287(g) is authorized to issue a Federal detainer to maintain the alien in custody in accordance with such agreement until the alien is convicted for such offense or the alien is transferred to Federal custody; `(ii) the officer is authorized to transport the alien to a location where the alien can be transferred to Federal custody and shall be removed from the United States in accordance with applicable law; and `(iii) the Secretary of Homeland Security shall reimburse the State and local law enforcement agencies involved for the costs of transporting aliens when such transportation is not done in the course of their normal duties; or `(B) indicates that the individual is an alien but is not unlawfully present in the United States, the officer shall take the alien into custody for such offense in accordance with State law and shall promptly notify the Secretary of Homeland Security of such apprehension and maintain the alien in custody pending a determination by the Secretary with respect to any action to be taken by the Secretary against such alien.'. (b) Deportation for DWI- (1) IN GENERAL- Section 237(a)(2) of such Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end the following new subparagraph: `(F) DRIVING WHILE INTOXICATED- Any alien who is convicted of driving while intoxicated, driving under the influence, or similar violation of State law (as determined by the Secretary of Homeland Security), or who refuses in violation of State law to submit to a Breathalyzer test or other test for the purpose of determining blood alcohol content is deportable and shall be deported.'. (2) EFFECTIVE DATE- The amendment made by paragraph (1) shall apply to violations or refusals occurring after the date of the enactment of this Act. (c) Sharing of Information by Motor Vehicle Administrators Regarding DWI Convictions and Refusals- Each State motor vehicle administrator shall-- (1) share with the Secretary of Homeland Security information relating to any alien who has a conviction or refusal described in section 237(a)(2)(F) of the Immigration and Nationality Act; (2) share such information with other State motor vehicle administrators through the Drivers License Agreement of the American Association of Motor Vehicle Administrators; and (3) enter such information into the NCIC in a timely manner. SEC. 7. FEDERAL DETENTION FACILITIES. (a) Report on Current Allocation Formula; Recommendations for Stop-Gap Measures- Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to Congress a report describing the formula for allocation of Federal detention facilities for aliens under section 241(g) of the Immigration and Nationality Act (8 U.S.C. 1231(g)). The Secretary shall include in such report recommendations for measures for the temporary expansion of State and local jails to detain increased numbers of illegal aliens pending construction or expansion of Federal detention facilities. (b) New Construction in High Concentration Areas- In accordance with such section, the Secretary shall ensure that, to the greatest extent practicable, construction of new detention facilities is undertaken in or near areas in which the Secretary has determined that there is a high concentration of illegal aliens. (c) Authorization of Appropriations- There are authorized to be appropriated such sums as necessary to carry out this section. THIS SEARCH THIS DOCUMENT GO TO Next Hit Forward New Bills Search Prev Hit Back HomePage Hit List Best Sections Help Contents Display THOMAS Home | Contact | Accessibility | Legal | FirstGov
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OUIL), unlawful blood alcohol Drunk Driving Enforcement and Prevention Drunk Driving: Resources for Victims and their Families Law enforcement and community crime prevention Stuart Dunnings III Ingham County Prosecutor Ingham County's drivers and pedestrians have a right to be free of the threat of drunkdrivers. Drunk driving kills, and we must work to eradicate this problem. This web siteoffers information for the victims of drunk driving and their families, as well as toolsfor the prevention of drunk driving. There are many laws on the books to penalize drunk drivers: Offenders can and do spendtime in jail, lose their driving priveleges, pay restitution to their victims, and losepossession of their vehicles. In order to prevent today's alcohol abusers from creatingtomorrow's victims, we must have the means to identify and treat substance abusers beforetheir addictions cause death and dismemberment. While there is much that governments can do to prevent drunk driving, and punish thosewho break the law, the responsibility to follow the law falls to each individual. Byworking for the appropriate development of our youth, our community can reduce the crimerate for years to come. Overview of Drunk Driving Legislation (HB 4827, HB 4828, SB 315, SB 314, 1991 P.A. 99, P.A. 98, P.A. 93, P.A. 94) Acknowledgmenets to the Michigan Department of State for providing this information. Swift and Sure Licensing Sanctions: The new law requires courts to adjudicate drunk driving cases within set timelines andto impose a licensing sanction at the time a plea of nolo contendere (no contest) orguilty is accepted, or a verdict of guilty is rendered. This is a requirement for receipt of 408 alcohol incentive funds from the federalgovernment. The Department of State must also conduct implied consent hearings within similartimelines. Thirty-Day suspension for first offense convictions: Requires a minimum mandatory 30-day suspension for even a first conviction of operatingunder the influence of liquor (OUIL), unlawful blood alcohol level (UBAL), or operatingunder the influence of drugs (OUID). An average 30-day suspension is also a requirement for receipt of 408 alcohol incentivefunds from the federal government. Minimum sanctions for second offense convictions: Requires 48 hours of consecutive jail or 10 days of community service for a secondconviction. This is a requirement for receipt of 408 alcohol incentive funds from the federalgovernment. Failure to appear in court and comply with judgment for drunk driving convictions: Currently courts must wait 28 days before issuing notice of failure to appear in courton a drunk driving charge. This time period is eliminated to ensure swifter completion ofthese cases. Courts may order license suspensions for persons who fail to comply with a judgment fordrunk driving offenses. OUIL and death felony: Creates a new 15-year felony requiring limited proofs for a conviction for persons whoare driving under the influence of liquor and/or drugs or have a blood-alcohol content of.10% by weight, and cause the death of another. Long-term incapacitating injury and OUIL felony: Creates a new five-year felony for persons who are operating under the influence ofliquor and/or drugs or have a blood-alcohol content of .10% by weight, and cause the deathof another. Refusal to provide preliminary breath test: A suspect who refuses to provide a preliminary breath test to a police officer willhave his driver's license destroyed at the scene, suspended immediately, and will have sixpoints added to his or her driving record. Zero tolerance for underage drinkers: Suspects who are under the age of 21 may be tested for alcohol without a searchwarrant. Drivers under 21 who test at .02 or above will be charged with drunk driving;non-drivers who test at .02 or above will be charged with being a minor in possession ofalcohol (Exceptions are provided for recognized religous ceremonies). Vehicle Seizure: Drunk drivers may have their vehicles seized upon conviction. When a vehicle is seized,it may be sold by a local law enforcement agency. The proceeds of this sale will; 1. Cover any outstanding finance payments, 2. Pay restitution to a victim or his or her family, 3. Compensate local and state law enforcement and victims' rights services. Consistent licensing sanctions: Requires courts and the Department of State to impose licensing sanctions based uponthe driving record. This will take into account an offender's prior convictions. Eliminates hardship appeals for habitual alcohol offenders: Abolishes hardship or equity license appeals to circuit court for habitual alcoholoffenders. Eliminates hardship ex parte licenses: Courts may no longer order temporary driving priveleges based upon hardship for personswaiting to appear in circuit court on a restoration appeal. Statute of limitations for filing restoration appeal: Sets an appeal deadline of 63 days, with a 182 day exception for good cause. Officers' appeal of implied consent decision: Law enforcement officers may appeal in an implied consent decision not to suspend anoffender's license. Open intoxicants on an offender's driving record: Liquor law provisions have been moved to the vehicle code, with, among other penalties,an addition of two points to an offender's driving record. Admissibility of chemical test refusal: Allows juries to be informed of a refusal of a chemical test. Driving while license suspended sanctions increased: Increases the fine for a conviction of driving while a license is suspended or revoked;from $100 to $500 for a first offense and from $500 to $1,000 for a subsequent offense. Attempted drunk driving: Provides that persons convicted of an attempt to commit a drunk driving offense shallreceive licensing sanctions and punishment as if the attempt had been completed. Audit reporting requirements: An annual audit of jail, fine and community service served in lieu of jail sanctionswill be compiled by the courts for inclusion in the drunk driving audit report. If youwould like to order a copy of the audit, call the Secretary of State's office at (517)373-2510. Drunk driving in trailer parks and parking lots: The term 'generally accessible to motor vehicles' will be added to the definition ofareas in which drunk driving is enforcable. The purpose of this is to include trailerparks, parking lots and other areas which are generally accessible to motor vehicles, butare not public roads. Funding: The driver license reinstatement fee is now set at $125. The purpose of this fee is tofund the program, as well as to purchase and maintain new infrared breathalyzer testinginstruments. Information for victims of drunk driving: Our Victim/Witness Unit is here to help you as your case moves through the criminaljustice system. Call our office if you have questions about your case, victim rights, orrestitution. In addition, you may call if you would like someone to go to court with you. Ingham County Prosecutor Victim/Witness Unit Trixie Brown, Victim-WitnessCoordinator: 483-6254 Martha Mitchell, Felony Crimes:483-6257 Sally Despins, Felony Crimes:483-6257 Carey Keller, Felony Crimes:483-6258 Angela Olson, Misdemeanor Crimes:483-6256 Maria Valayil, Domestic ViolenceCrimes: 483-6259 Elizabeth Savage, Juvenile Crimes:483-6258 OUR BASIC SERVICES: Orientation to the criminal justice system: Explaining subpoenas and courtprocedures; giving specific information about individual cases. Court support services: Escorting witnesses to court; notifying witnesses ofchanges in court appearances. Case status and disposition : Informing witnesses of the ongoing status of acase, as well as its final results. Employment intervention : Assisting in solving difficulties with employers. Referrals: Directing victims to community resources and organizations when theyrequire further assistance. Crime Victim Services Commission (CVSC): Helping qualified victims apply forfinancial assistance from the Michigan Crime Victims Compensation Fund. This fund isestablished under our state's constitution, and allows certain victims to gain restitutionpayments. Information on receiving restitution payments. Assistance in the return of your personal property. Please notify the Victim/Witness Unit of any change of address or phone number. CRIME VICTIMS' RIGHTS You have these rights under the Michigan Constitution. This is your chance for help tobalance the scales of justice Right concerning immediate needs: You will be notified within 24 hours: By the police agency regarding emergency and medical services. About victims' compensation benefits and the address of the Victims' CompensationBoard. Of the eligibility requirements for compensation, as well as the receipt of funds ifeligible. Of the telephone number of the police agency to call to determine if the defendant hasbeen released from custody. Of court procedures. Of the procedures to follow if you are threatened or intimidated by the defendant. Rights during prosecution: To be present during the entire trial, unless you are scheduled to testify. To be free of threats and acts of discharge by your employer because you are asubpoenaed witness. To be free of threats and acts of discharge by your employer because you are asubpoenaed witness. To be provided with a waiting area, separate from the defendant, their families andwitnesses, if possible. To consult with a prosecuting attorney to give your views about the disposition of yourcase. To receive the name of the person to contact within the Prosecutor's Office forinformation on your case. Rights during prosecution provided only upon your request: To receive notice of any scheduled court proceedings and changes of schedule. To confer with the prosecuting attorney prior to jury selection and trial. To receive notice of the defendant's escape if he or she is awaiting trial. To receive written notice of conviction. To receive notice of address and phone number or the probation department which ispreparing the presentence report. To have your Impact Statement included in the presentence report. To make an oral impact statement to the pre-sentence investigator and court at the timeof sentencing. To be notified of the time and place of sentencing. Post-sentence rights provided only upon your written request: To take advantage of these post-sentence rights, you must inform the Sheriff (ifdefendant was jailed) or the Department of Corrections (if the defendant was sent toprison) that you want to be notified. It is your responsibility to keep them informed ofyour current address. To be notified of the location where the defendant is to be confined. To receive within 30 days of your request a notice of your request, as well as a noticeof the defendant's earliest possible release date. To be notified of release, or pending release, of the defendant to a communityresidential program, extended furlough or transfer to community status. To be promptly notified of a defendant's escape. To submit a written statement to the parole board or member of the panel havingauthority over defendant's release on parole. To be notified 90 days prior to defendant's release, if practical. To be notified of hearing on reprieve, commutation or pardon of sentence. YOUR OBLIGATIONS AND RESPONSIBILITIES TO OUR COMMUNITY AS A VICTIM OFA CRIME - Report the crime immediately - Cooperate fully with law enforcement officials - Cooperate fully with the Prosecutor's Office - Testify honestly and immediately - Immediately notify the Victim-Witness Unit in the event of a change ofaddress or telephone number. THE CRIMINAL JUSTICE SYSTEM As the victim of a crime, your help is very important to our system ofcriminal justice. When victims report a crime and testify, they help to make our communitya safer place to live. The following information will explain, step by step, what mayhappen in your case: 1. At the scene of an accident, the drunk driver is arrested. Potentialwitnesses and victims are identified. 2. A victim information packet is sent. Crime Victim Compensationservices are arranged. 3. A district court preliminary examination is held (Victims andwitnesses may testify). A victim advocate is available upon request. 4. If the defendant is bound over to Circuit Court, an arraignment andpre-trial are held prior to the trial date. 5. A courtroom trial is held (the victim or witness will testify). Avictim advocate is available upon request. 6. Defendant is found guilty or not guilty. 7. The defendant is sentenced or released based upon the verdict. DEFINITION OF LEGAL TERMS Adjournment: A delay in the processing of a case at the requestof the defendant, the People or the Court. Arraignment: A court hearing where the defendant is informed ofthe charges against him or her and the bail is set by the Judge. Bail/Bond: The amount of financial security which the defendanthas to post with the court to insure his or her appearance at later proceedings. Bindover: A finding at preliminary examination that sufficientevidence exists to require a trial at the Circuit Court level on the charges made againstthe defendant. Circuit Court: The highest trial court in Michigan. All felonytrials are held in this court. Crime: An act in violation of state criminal law. In Michigan, acriminal act can be a misdemeanor or a felony. Defendant: A person who is charged with a crime. Deliberate: As applies to a jury, the weighing of evidence attrial's end, for the purpose of determining a defendant's guilt or innocence. Dismissal: The dropping of a case by decision of the court. District Court : Jurisdiction of all misdemeanors for whichpunishment does not exceed one year, as well as the arraignment, setting and acceptance ofbail and conducting preliminary examinations in felony cases. Felony : A crime punishable by one year or more in state prison. Jury: A group of men and women sworn at each trial to considerthe evidence presented and deliver a verdict or decision in that proceeding. Misdemeanor: Less serious offenses, punishable by a fine or up toone year in the county jail. Motion: A hearing held before the court requesting a certainruling or decision on various issues related to a case. Parole: Conditional release of a defendant from prison by paroleboard prior to completion of the sentence. Perjury: A deliberate lie or untruth made under oath, which is afelony. Preliminary Examination : A hearing in a felony case before aDistrict Judge who decides whether there is enough evidence to believe that a crime hasbeen committed, in order that the case can be bound over to Circuit Court for trial. Pre-Sentence Investigative Report: An investigation done by theprobation department regarding the victim's feelings on sentencing, as well as relevantinformation about the defendant. The written report is designed to act as a sentencingguide for the judge. Restitution: An amount of money determined by the court to bepaid to the victim of a crime for property loss or injuries caused by the defendant'scriminal act. Subpoena: A court order directing you to be present at the timeand place stated. Victim: An individual who suffers direct physical, financialand/or emotional harm, or is threatened as a result of the commission of a crime. TESTIFYING Being a witness will take some time. Bringing a defendant to trial isoften a lengthy process. Cooperation and involvement in the criminal justice system is thefirst step to successful prosecution. Suggestions: - The most important thing is to tell the truth. - Speak clearly and loudly enough so that all can hear. - Be serious in your approach. - Be courteous in your response. - Do not lose your temper. - Do not argue on cross-examination. - Don't try to memorize your testimony. - Dress properly and have a neat appearance. - Listen carefully to the questions that are asked and give thoughtful,considered answers. - Answer directly and simply. - Don't give your opinions or feeling unless you are asked. - Stop instantly when a judge interrupts or an attorney objects to aquestion. HELPFUL PHONE NUMBERS Ingham County Prosecutor's Victim-Witness Program (517) 483-6254 Ingham County Sheriff's Department (517) 676-2431 Lansing Police Department (517) 483-4600 Mothers Against Drunk Driving (517) 394-6477 Lawyer Referral Service (517) 482-8816 Legal Aid (517) 485-5411 Crime Victim Services Commission (517) 373-7373 National Council on Alcoholism: Lansing Chapter (517) 887-0226 Alcoholics Anonymous 321-8781 Al-Anon (for family and loved ones): 484-1977 Community Mental Health (CMH) of Ingham, Eaton and Clinton Counties: 887-2126 CMH: Older Adult Substance Abuse Prevention and Treatment 372-8460 Listening Ear (517) 337-1717 Return to Prosecutor's Main Page. Return toIngham County Home Page Return to Ingham County Services
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Driving Under InfluenceState of Delaware Division of Motor Vehicles Visit the Governor | General Assembly | Courts | Other Elected Officials | Federal, State & Local Sites State Directory | Help | Search Delaware : Citizen Services | Business Services | Visitor Info. DelDOT | Delaware Division of Motor Vehicles HOME SERVICES around the text-- Driver Services Vehicle Services Forms and Manuals INFORMATION DRIVER SERVICES Driving Under the Influence In Delaware, you may be arrested for Driving Under the Influence(DUI) if you are driving, operating, or in actual physicalcontrol of a vehicle, an off-highway vehicle, or a moped whileunder the influence of alcohol or drugs. A chemical test indicating .08% blood alcohol concentration (BAC)or greater, or the presence of any drug, prescription or illegal,substance is sufficient for a DUI conviction. You may be arrestedfor DUI with a chemical test greater than .05% DUI violations are dealt with under both administrative and courtproceedings, which are conducted independently of each other.Juveniles arrested for DUI and processed through Family Courtcould lose driving privileges until they reach legal drinkingage. Implied Consent: Delaware has an "implied consent" law. That means if you drive inDelaware and are suspected of DUI, you voluntarily agree to achemical test to determine the degree of impairment. Failure to take the test carries a penalty of loss of licenseand/or driving privileges for a period of one year for a 1stoffense, 18 months for a 2nd offense and 24 months for the 3rdsubsequent offense, in addition to the penalties for DUI. DUI Administrative Procedures At the time of a DUI arrest, a police officer will take yourDelaware driver's license and issue a 15 day temporary license,unless your driver's license has already been suspended orrevoked. You must personally request an administrative hearing at DMVwithin 15 days of your arrest or your driving privilege will belost for a minimum of 3 months. You may obtain a Request For Administrative Hearing from our web siteor any DMV facility . All DUI sentences are carried on the driving record for a minimumof 5 years. Administrative Hearing Process: You may file a written Request For Administrative Hearing at anyDMV facility. The administrative hearing will be held todetermine: Probable Cause - whether a police officerhad probable cause to believe you were driving, operating, or inactual physical control of a vehicle, while under the influenceof alcohol and/or drugs. Preponderance or evidence - whether apreponderance of evidence exists that you were driving,operating, or in actual physical control of a vehicle while underthe influence of alcohol and/or drugs. A chemical test of .08% orgreater or the presence of any drug is conclusive evidence thatyou were under the influence. Chemical Test Refusal - whether you refuseda chemical test after being informed of the revocation penaltyfor refusing such a test. If you receive an unfavorable ruling at the administrativehearing or fail to request a hearing, your license or drivingprivilege will be revoked for: 3 months for the first offense 12 months for the second offense 18 months for the third or subsequent offense The penalties for Refused Chemical test are: 12 months for the first offense 18 months for the second offense 24 months for the third or subsequent offense DUI Court Procedures At the time of arraignment, you may elect to apply for enrollmentin a First Offense Election program in lieu of standing trial. Ifyou elect to apply, the application will constitute an admissionof guilt and a waiver of the right to a speedy trial. You alsoagree not to request an administrative hearing at the Division ofMotor Vehicles (DMV) or to withdraw any request previously madefor this violation. The court will notify DMV of your decision.DMV will revoke your license and/or driving privilege for aperiod of one year for the First Offense Election and anyapplicable period of revocation for the administrative action ofprobable cause or refused chemical test. (See penalties listedabove) To be considered for a First Offense Election (may only qualify 1time for FOE) one cannot have: A previous DUI Three or more moving violations within 2 years Caused injury to another person A BAC of .20% or greater Been a suspended or revoked driver or had no valid license at the time of the arrest Been transporting a child under 17 years of age on or within a vehicle while under the influence At the time of your First Offense Election you may request thecourt to permit you to take the First Offense Election - IIDDiversion option. This option allows you the benefit of drivingauthority after a minimum of 1-month loss of license uponmeeting the criteria outlined below. You held a valid Delaware driver's license at the time of your DUI violation You agreed to take the chemical test at the time of your arrest Your revoked Delaware driver's license has been surrendered to the Division of Motor Vehicles for a minimum of 1 month You have completed an alcohol evaluation and are enrolled in the designated alcohol program. Your license is not suspended or revoked for any reason which would prevent the issuance of the IID license The IID license provides unlimited Class D drivingauthority, provided you are driving the specified vehicleequipped with the ignition interlock device and have the IIDlicense in your possession. (See the IID section below forfurther information on this program.) Evaluation Process Any individual arrested for DUI must schedule an evaluation withthe Delaware Evaluation and Referral Program (DERP). An individual may request an evaluation following their arrest,an evaluation will be ordered by the court, or by DMV. Theevaluation costs $75.00. There is a $25.00 missed appointmentfee. The evaluation and referral of a DUI offender is aninformation gathering and analysis process. The client meetsindividually with an evaluator to construct a personal history,including medical, legal, social, and psychological information.The evaluation takes approximately 1+ hours. The evaluation consists of: A written and verbal evaluation Social history survey Substance abuse questionnaire Several essay questions Mental health symptom screening Client rights/confidentiality issues One on one interview with certified counselor The information obtained from the evaluation along with theevaluators review of the offenders motor vehicle record and bloodalcohol test results at the time of the violation, form the basisfor analysis and recommendation. DERP will make a referral to oneof the following types of programs. Offenders must make contact with the agency within 30 days of thereferral or risk being non-complied back to the court. Referralsare valid for 1 year. Education Program The major goal of the educational program is to help offenderstake a careful look at their situation, take responsibility andownership for their situation and explore what it takes to solvethe problems they've encountered. Fees: $125.00 program fee $10.00 fee for each missed session Outpatient Treatment Full-service Outpatient Treatment programs offer a full range oftreatment services to chemically dependent clients. The majorgoal of each agency is to provide services that will alter theprogression of substance abuse. The standard program consists ofa combination of individual and group counseling sessions over acourse of approximately 3 months (25 hours). The treatment approach is based on the premise that people canmake responsible decisions if they have good information and areaware of alternative solutions. All services are provided byprofessionals and are confidential. Outpatient 21 and Under This program is designed to provide treatment services to youngoffenders, ages 21 and under. The programs consist of group,individual and family counseling sessions. Family members areencouraged to become involved in the overall treatmentexperience. Alternative Program (Mental Health) This program offers an alternative to DUI offenders who areexperiencing mental and emotional adjustment problems in additionto their substance abuse dependencies. The programs major focusis to alter patterns of behavior that could lead to subsequentDUI violations. Outpatient Treatment Program, 21 and Under Program andAlternative Program Fees: $490.00 program fee $14.50 fee for missed group session $17.50 fee for missed individual session Random urine screen fees as necessary Character Background Review Process Division of Motor Vehicles Character Background Review - Who needs one? If you had a BAC of .20 or above Any 2nd or subsequent offender How is it done? This process is generally done within a month of when an offenderwill be eligible for re-licensure. Request an Application For Character Background Review from DMV - Dover (302) 744-2508 Call DMV interviewer for appointment Complete form with 6 references - name, address and phone numbers Meet with interviewer for an interview - bring application and reference information Interviewer will mail a form to your references Your references will have 2 weeks to return the forms to the interviewer A decision will be made and mailed to offender License Reinstatement Process In order to be eligible for license reinstatement an offendermust: Satisfactorily complete an alcohol education/treatment program Paid all fees The revoked license has been turned in to DMV for a minimum of 6 months Successfully complete a Character Background Review (if required) Pay $143.75 reinstatement fee to DMV License re-examination may be required No driving during the revocation period Conditional License Privileges A First Offense Election may be eligible to apply for aconditional license if they: Did not refuse to submit to a chemical test Satisfactorily complete a minimum of 16 hours in an education/treatment program Paid all fees The revoked license has been turned in to DMV for a minimum of 3 months Successfully complete a Character Background Review (if required) Pay $10.00 conditional license fee No driving during the revocation period A First Offense Election does not automatically guarantee theissuance of a conditional license or early reinstatement. Ignition Interlock Program (IID): Individuals eligible for IID are: First Offense Election - IID Diversion - Election must be made at Court Refused Chemical Test Offenders 2nd or Subsequent DUI Offense This is a voluntary program that is paid for solely by theoffender. The cost is $70.00 for installation and $75.00 permonth plus tax to rent the equipment. An offender must applythrough DMV for this program. You can obtain a copy of the Ignition Interlock Program Application at our website or any DMV facility . The IID license authorizes the holder to operate a vehicle withfull Class D operators driving privileges only when the vehicleis equipped with an ignition interlock device. The IID license isnot available for CDL class vehicles. A Delaware registeredvehicle must be used for the ignition interlock deviceprogram. Out-of-state violations Offenders who are arrested in another state must contact theDelaware Evaluation and Referral Program to schedule anappointment for an evaluation. Once the evaluation is completed,this agency will request the paperwork from the state when thearrest was made. Once the offender has completed the programsatisfactorily, the Delaware Evaluation and Referral Program willforward the information to the arresting state. Offenders convicted out-of-state who hold a Delaware driverslicense will result in license revocation. Out-of-state offenders Offenders who are arrested in Delaware but are licensed and liveout-of-state are required to meet the Delaware requirements forthe alcohol evaluation and program completion. The offender mustcontact the Delaware Evaluation and Referral Program and makearrangements through that office to have an alcohol evaluationconducted in the offender's home state. The offender must alsosatisfactorily complete an alcohol program that meets Delawarerequirements. Zero Tolerance Law If you are under 21 years of age, as little as one drink can makeit illegal for you to drive. The law says that anyone under theage of 21 years, who drives, operates or has actual physicalcontrol of a vehicle, an off-highway vehicle, or a moped whileconsuming or after having consumed alcohol, shall have theirdriver's license revoked for a period of 2 months for the firstoffense and not less than 6 months or more than 12 months foreach subsequent offense. If the under age person does not have adriver's license, the person shall be fined $200.00 for the firstoffense and not less than $400.00 nor more than $1,000.00 foreach subsequent offense. Appeal Process If an offender is unhappy with the outcome of the educationand/or treatment program, Delaware allows for an appeal of theprogram completion. An appeal is administered through the Department of Health andSocial Services Alcohol and Drug Screening and Evaluation. To submit an appeal an offender must: Write a letter stating the reason for the appeal (this may not be based on cost or length of program) Submit a letter of reference from an employer, clergy person, or friend stating offender's ability to meet current responsibilities Complete waiver forms to allow for information to be shared with appeal team members Information must be submitted within 30 days of the appeal request The appeal team will review the information and advise the offender by letter of their decision. THE DECISION OF THE APPEAL TEAM IS FINAL. Last Updated: Monday, 25-Jul-2005 14:28:56 Eastern Daylight Time site map | about this site | contact us | translate | delaware.gov
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DUI / DWI, Drinking 
