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Impaired Driving Facts - NCIPC Impaired Driving More Injury Fact Sheets Impaired Driving Overview Alcohol-related motor vehicle crashes kill someone every 31 minutes and nonfatally injure someone every two minutes (NHTSA 2005). Occurrence and Consequences During 2004, 16,694 people in the U.S. died in alcohol-related motor vehicle crashes, representing 39% of all traffic-related deaths (NHTSA 2005). In 2004, about 1.4 million drivers were arrested for driving under the influence of alcohol or narcotics (Department of Justice, 2004). Thats less than one percent of the 159 million self-reported episodes of alcoholimpaired driving among U.S. adults each year (Quinlan et al. 2005). Drugs other than alcohol (e.g., marijuana and cocaine) are involved in about 18% of motor vehicle driver deaths. These other drugs are generally used in combination with alcohol (Jones et al. 2003). More than two-thirds of child passengers ages 14 and younger who died in alcohol-related crashes during 19972002 were riding with the drinking driver; only 32% of them were properly restrained at the time of the crash (Shults 2004). Cost Each year, alcohol-related crashes in the United States cost about $51 billion (Blincoe 2002). Groups at Risk Male drivers involved in fatal motor vehicle crashes are almost twice as likely as female drivers to be intoxicated with a blood alcohol concentration (BAC) of 0.08% or greater (NHTSA 2004b). A BAC of 0.08% is equal to or greater than the legal limit in most states. At all levels of blood alcohol concentration, the risk of being involved in a crash is greater for young people than for older people (Zador 2000). In 2003, 25% of drivers ages 15 to 20 who died in motor vehicle crashes had been drinking alcohol (NHTSA 2004c). Young men ages 18 to 20 (under the legal drinking age) reported driving while impaired almost as frequently as men ages 21 to 34 (Liu 1997). Among motorcycle drivers killed in fatal crashes, 30% have BACs of 0.08% or greater (Paulozzi 2004). Nearly half of the alcohol-impaired motorcyclists killed each year are age 40 or older, and motorcyclists ages 40 to 44 years have the highest percentage of fatalities with BACs of 0.08% or greater (Paulozzi 2004). Of the 2,136 traffic fatalities among children ages 0 to 14 years in 2003, 21% involved alcohol (NHTSA 2004d). Risk Factors Nearly three quarters of those convicted of driving while impaired are either frequent heavy drinkers (alcohol abusers) or alcoholics (alcohol dependent) (Miller 1986). Among drivers involved in fatal crashes, those with BAC levels of 0.08% or higher were nine times more likely to have a prior conviction for driving while impaired (DWI) than were drivers who had not consumed alcohol (NHTSA 2004a). CDC Activities Actions to decrease alcohol-related fatal crashes involving young drivers have been effective Over the past 20 years, alcohol-related fatal crash rates have decreased by 60 percent for drivers ages 16 to 17 years and 55 percent for drivers ages 18 to 20 years. However, this progress has stalled in the past few years. To further decrease alcohol-related fatal crashes among young drivers, communities need to implement and enforce strategies that are known to be effective, such as minimum legal drinking age laws and "zero tolerance" laws for drivers under 21 years of age. Elder RW, Shults RA. Trends in alcohol involvement in fatal motor vehicle crashes among young drivers 1982-2001. MMWR 2002;51:108991. Sobriety checkpoints reduce alcohol-related crashes Fewer alcohol-related crashes occur when sobriety checkpoints are implemented, according to a CDC report published in the December 2002 issue of Traffic Injury Prevention. Sobriety checkpoints are traffic stops where law enforcement officers systematically select drivers to assess their level of alcohol impairment. The goal of these interventions is to deter alcohol-impaired driving by increasing drivers perceived risk of arrest. The conclusion that they are effective in reducing alcohol-related crashes is based on a systematic review of research about sobriety checkpoints. The review was conducted by a team of experts led by CDC scientists, under the oversight of the Task Force on Community Preventive Servicesa 15-member, non-federal group of leaders in various health-related fields. (Visit www.thecommunityguide.org for more information.) The review combined the results of 23 scientifically-sound studies from around the world. Results indicated that sobriety checkpoints consistently reduced alcohol-related crashes, typically by about 20 percent. The results were similar regardless of how the checkpoints were conducted, for short-term blitzes, or when checkpoints were used continuously for several years. This suggests that the effectiveness of checkpoints does not diminish over time. Elder RW, Shults RA, Sleet DA, Nichols JL, Zaza S, Thompson RS. Effectiveness of sobriety checkpoints for reducing alcohol-involved crashes. Traffic Inj Prev 2002;3:266-74. Stronger state DUI prevention activities may reduce alcohol-impaired driving Strong state activities designed to prevent driving under the influence (DUI), including legislation, enforcement, and education, may reduce the incidence of drinking and driving, according to a study from the Centers for Disease Control and Prevention (CDC). For the study, which was published in the June 2002 issue of Injury Prevention, CDC analyzed data from the 1997 Behavioral Risk Factor Surveillance System (BRFSS) national telephone survey, and the Mothers Against Drunk Driving (MADD) Rating the States 2000 survey, that graded states on their DUI countermeasures from 1996-1999. Results showed that residents of states with a MADD grade of "D" were 60 percent more likely to report alcohol-impaired driving than were residents from states with a MADD grade of "A." MADD based the grades on 11 categories of prevention measures, including DUI legislation; political leadership; statistics and records availability; resources devoted to enforcing DUI laws; administrative penalties and criminal sanctions; regulatory control and alcohol availability; youth DUI legislation; prevention and education; and victim compensation and support. The study also found that 4 percent of the residents who consume alcohol reported they had driven after having too much to drink at least once during the previous month. Men were nearly three times as likely as women to report alcohol-impaired driving, and single people were about 50 percent more likely to report alcohol-impaired driving than married people or those living with a partner. Shults RA, Sleet DA, Elder RW, Ryan GW, Sehgal M. Association between state-level drinking and driving countermeasures and self-reported alcohol-impaired driving. Inj Prev 2002;8:10610. Research leads to bills that protect children from drinking drivers CDCs findings about the number of children killed in cars driven by drinking drivers has led legislators in several states to introduce bills to help protect them from drinking drivers. Such legislation creates special penalties under state child abuse laws for persons who transport children while driving drunk. Results from the study showed that nearly two-thirds of children killed in drinking driver-related crashes were riding with the impaired driver. Fewer than 20 percent of the children killed were properly restrained at the time of the crash, and restraint use decreased as the drivers blood alcohol concentration increased. Quinlan KP, Brewer RD, Sleet DA, Dellinger AM. Child passenger deaths and injuries involving drinking drivers. JAMA 2000:283(17):224952. Research identifies effective interventions against alcohol-impaired driving CDC and the Task Force on Community Preventive Servicesan independent, nonfederal panel of community health expertspublished systematic reviews of the literature for five community-based interventions to reduce alcohol-impaired driving. The reviews revealed strong evidence of effectiveness for 0.08% blood alcohol concentration (BAC) laws, minimum legal drinking age laws, and sobriety checkpoints. They also found sufficient evidence of effectiveness for lower BAC laws specific to young or inexperienced drivers (zero tolerance laws) and intervention training programs for alcohol servers. A detailed description of the sobriety checkpoints systematic review was published in the December 2002 issue of Traffic Injury Prevention. The systematic review of the effectiveness of 0.08% BAC laws for drivers was helpful in establishing a 0.08% standard nationwide. The review revealed that state laws that lowered the illegal BAC for drivers from 0.10% to 0.08% reduced alcohol-related fatalities by a median of 7 percent, translating to 500 lives saved annually. With this evidence, the Task Force on Community Preventive Services strongly recommended that all states pass 0.08% BAC laws. In October 2000, the President signed the Fiscal Year 2001 transportation appropriations bill, requiring states to pass the 0.08% BAC law by October 2003 or risk losing federal highway construction funds. As of October 1, 2003, 45 states and the District of Columbia had enacted 0.08% BAC legislation. In June 2001, Tommy G. Thompson, Secretary of the Department of Health and Human Services, awarded the Secretarys Award for Distinguished Service to the systematic review team for their contribution to the field. The team is currently conducting systematic reviews of mass media campaigns, school-based education programs, and designated driver programs, which are scheduled for publication in 2004. The Guide to Community Preventive Services Shults RA, Elder RW, Sleet DA, Nichols JL, Alao MA, Carande-Kulis VG, et al. Reviews of evidence regarding interventions to reduce alcohol-impaired driving [published erratum appears in American Journal of Preventive Medicine 2002;23:72]. American Journal of Preventive Medicine 2001;21(4S):6688. Prevention Strategies Effective measures to prevent injuries and deaths from impaired driving include: Promptly suspending the driver's licenses of people who drive while intoxicated (DeJong 1998). Lowering the permissible levels of blood alcohol concentration (BAC) for adults to 0.08% in all states (Shults 2001). Zero tolerance laws for drivers younger than 21 years old in all states (Shults 2001). Sobriety checkpoints (Shults 2001). Multi-faceted community-based approaches to alcohol control and DUI prevention (Holder 2000, DeJong 1998). Mandatory substance abuse assessment and treatment for driving-under-the-influence offenders (Wells-Parker, 1995). Other suggested measures include: Reducing the legal limit for blood alcohol concentration (BAC) to 0.05% (Howat 1991; National Committee on Injury Prevention and Control 1989). Raising state and federal alcohol excise taxes (National Committee on Injury Prevention and Control 1989). Implementing compulsory blood alcohol testing when traffic crashes result in injury (National Committee on Injury Prevention and Control 1989). References Blincoe L, Seay A, Zaloshnja E, Miller T, Romano E, Luchter S, et al. The Economic Impact of Motor Vehicle Crashes, 2000. Washington (DC): Dept of Transportation (US), National Highway Traffic Safety Administration (NHTSA); 2002. Available from URL: www.nhtsa.dot.gov/people/economic/econimpact2000/index.htm Brewer RD , Morris PD, Cole TB, Watkins S, Patetta MJ, Popkin C. The risk of dying in alcohol-related automobile crashes among habitual drunk drivers. New England Journal of Medicine 1994;331:5137. DeJong W. Hingson R. Strategies to reduce driving under the influence of alcohol. Annual Review of Public Health 1998;19:35978. Department of Justice (US), Federal Bureau of Investigation (FBI). Crime in the United States 2004: Uniform Crime Reports. Washington (DC): FBI; 2004 [cited November 15, 2005]. Available from URL: www.fbi.gov/ucr/cius_04/documents/CIUS2004.pdf . Dept of Transportation (US), National Highway Traffic Safety Administration (NHTSA). Traffic safety facts 2004: alcohol. Washington (DC): NHTSA; 2005 [cited 2005 Nov 6]. Available from URL: http://www-nrd.nhtsa.dot.gov/pdf/nrd-30/NCSA/TSF2004/809905.pdf . Dept of Transportation (US), National Highway Traffic Safety Administration (NHTSA). Traffic safety facts 2003: children. Washington (DC): NHTSA; 2004d [cited 2004 Nov 4]. Available from URL: www-nrd.nhtsa.dot.gov/pdf/nrd-30/NCSA/TSF2003/809762.pdf . Dept of Transportation (US), National Highway Traffic Safety Administration (NHTSA). Traffic safety facts 2003: overview. Washington (DC): NHTSA; 2004b [cited 2004 Oct 19]. Available from URL: www-nrd.nhtsa.dot.gov/pdf/nrd-30/NCSA/TSF2003/809767.pdf . Dept of Transportation (US), National Highway Traffic Safety Administration (NHTSA). Traffic safety facts 2003: young drivers. Washington (DC): NHTSA; 2004c [cited 2004 Oct 19]. Available from URL: www-nrd.nhtsa.dot.gov/pdf/nrd-30/NCSA/TSF2003/809774.pdf . Holder HD, Gruenewald PJ, Ponicki WR, Treno AJ, Grube JW, Saltz RF, et al. Effect of community-based interventions on high-risk drinking and alcohol-related injuries. Journal of the American Medical Association 2000;284:2341-7. Howat P, Sleet D, Smith I. Alcohol and driving: is the .05% blood alcohol concentration limit justified? Drug and Alcohol Review 1991;10(1):15166. Jones RK, Shinar D, Walsh JM. State of knowledge of drug-impaired driving. Dept of Transportation (US), National Highway Traffic Safety Administration (NHTSA); 2003. Report DOT HS 809 642. Liu S, Siegel PZ, Brewer RD, Mokdad AH, Sleet DA, Serdula M. Prevalence of alcohol-impaired driving. Results from a national self-reported survey of health behaviors. Journal of the American Medical Association 1997;277(2):1225. Miller BA, Whitney R, Washousky R. Alcoholism diagnoses for convicted drinking drivers referred for alcoholism evaluation. Alcoholism: Clinical & Experimental Research 1986;10(6):6516. National Committee for Injury Prevention and Control. Injury prevention: meeting the challenge. American Journal of Preventive Medicine 1989;5(3 Suppl):1237. Paulozzi LJ, Patel R. Changes in motorcycle crash mortality rates by blood alcohol concentration and age United States, 1983 - 2003. MMWR 2004;53(47):1103-6. Quinlan KP, Brewer RD, Siegel P, Sleet DA, Mokdad AH, Shults RA, Flowers N. Alcohol-impaired driving among U.S. adults, 1993-2002. American Journal of Preventive Medicine 2005;28(4):345-350. Shults RA. Child passenger deaths involving drinking driversUnited States, 19972002 [published erratum appears in MMWR 2004;53(5):109]. MMWR 2004;53(4):779. Shults RA, Elder RW, Sleet DA, Nichols JL, Alao MO, Carande-Kulis VG, et al. Reviews of evidence regarding interventions to reduce alcohol-impaired driving. American Journal of Preventive Medicine 2001;2(4 Suppl):6688. Wells-Parker E, Bangert-Drowns R, McMillen R, Williams M. Final results from a meta-analysis of remedial interventions with drink/drive offenders. Addiction 1995;90:907-26. Zador PL, Krawchuk SA, Voas RB. Alcohol-related relative risk of driver fatalities and driver involvement in fatal crashes in relation to driver age and gender: an update using 1996 data. Journal of Studies on Alcohol 2000;61:387-95. Contact Information National Center for Injury Prevention and Control Mailstop K65 4770 Buford Highway NE Atlanta, GA 30341-3724 Phone: 770.488.1506 Fax: 770.488.1667 Email: OHCINFO@cdc.gov News | Facts | Data | Publications | Funding | Contact Us CDC Home | CDC Search | Health Topics A-Z Privacy Notice - Accessibility This page last reviewed 01/23/06 . Centers for Disease Control and Prevention National Center for Injury Prevention and Control
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Miami DUIOffseason notebook: Who's on first string? - NFL - Yahoo! Sports Home NFL MLB NBA NHL NCAAB NASCAR Golf Aussie Open Soccer Olympics More Fantasy Shop NFL Home Scores & Schedule Standings Stats Teams Players Injuries Photos Live Odds Playoffs Offseason notebook: Who's on first string? Offseason notebook: Who's on first string? By Charles Robinson , Yahoo! Sports April 4, 2005 Already, the dialogue is being carefully positioned in NFL cities like Miami and Detroit. The objective is simple: Keep the discussion conservative and ambiguous. Never let it delve too deeply into the depth chart lest it get out of hand. Never fully commit to one player and eliminate options. Always refer to quarterback uncertainty as a "competition" and not a "controversy." Jeff Garcia or Joey Harrington ? A.J. Feeley or Gus Frerotte ? It might be April, but those questions already are beginning to circulate. With training camp four months away, both the Miami Dolphins and Detroit Lions seem destined to set the pace for the 2005 quarterback debates. It's an annual issue that could shrink or expand to other locales depending on the draft (Alex Smith vs. incumbent) or merely a few bad games ( Drew Brees vs. Philip Rivers , Part II). But the verbal dodging already has begun in Detroit and Miami, where the quarterback depth chart is about as solid as a pudding pop on the South Florida pavement. The Dolphins' quarterbacks will be sharing the football for the foreseeable future. Coach Nick Saban confirmed as much this week, saying he plans to split snaps between Feeley and Frerotte, the free-agent signee. "We don't really have a depth chart right now," Saban said recently, when asked if Frerotte would be his starter. "We've never coached these guys. We've never been on the field. Everybody wants to know who's the starting this and who's the starting that. Basically, we're going to give A.J. every chance to be our starting quarterback." Feeley crumbled under the pressure of competing with Jay Fiedler last year after he was finally given the quarterback job at midseason by default. He only salvaged a 61.7 quarterback rating and an 11-to-15 touchdown-to-interception ratio. Now, Feeley will be pushed by Frerotte, who already has a two-year head start learning the Dolphins' new scheme after spending the last two seasons in Minnesota with new offensive coordinator Scott Linehan. Frerotte, unlike Feeley, has made a career of showing he can be inserted almost anywhere in a pinch as a capable – albeit vanilla – starting quarterback. While age is a factor (Frerotte will be 34 when next season begins, while Feeley will be 28), Saban appears to be sending a clear message: Someone needs to produce, pronto. "This whole thing is we want to give [Feeley] every opportunity to give him what he needs to do," Saban said. "But he's got to be responsible for his own self-determination, too." That should sound like a familiar plea in Detroit, where the quarterback spot can be seen as just as big of a question mark – but one affixed with a slightly better veil. That's largely thanks to head coach Steve Mariucci, who has publicly supported Harrington, the current starter, but worked behind the scenes to seek other options. Mariucci has brought aboard Garcia for one year to put serious pressure on Harrington. He also suspects he's taken the step toward unlocking the answer to the franchise's taunting unknown: Does Detroit have a franchise quarterback? "Would I like [Harrington] to be in the Pro Bowl? Yes," Mariucci said. "But you also have to take into consideration some other things. He's playing on an awfully young team. His skill positions around him have changed every year for three years. …That's kind of slowed his progress down statistically." But like Frerotte in Miami, Mariucci brings in a player who knows his system – and better yet, has thrived and gone to the Pro Bowl playing in it. Coupled with the pressure on Mariucci to produce a winning campaign in his third season, that fosters the idea that if Harrington struggles early and the Lions slump, Garcia is there to put on a cape and play the hero. "Competition is good at any position," Mariucci said, tilting toward diplomacy. "Depth is good at any position. When you're young and developing, you have to have a fallback." It's a diplomatic chess match that can't go on forever. As Mariucci knows, for every fallback, there is a fall guy. And in Miami and Detroit, finding out which is which has only just begun. WIND SPRINTS It's a little too early to call it a good move, but score one for the New England Patriots for the recent signing of wide receiver David Terrell. There are still some across the league who think Terrell can be a very productive receiver despite his attitude and work-ethic problems while in Chicago. It's worth noting that Terrell never had a legitimate "star" quarterback during his tenure with the Bears (Jonathan Quinn, Jim Miller , Shane Matthews, Chris Chandler and Kordell Stewart). Yet Terrell still occasionally flashed the skills that made him the Bears' eighth overall choice in the 2001 draft. After successfully resurrecting Corey Dillon , it's not a stretch to assume the Patriots can breathe life into Terrell's career. Like Dillon in Cincinnati, Terrell had his share of personal issues, not to mention a rough relationship with the media. But he joins New England with the support of two Patriots – former Bears teammate Rosevelt Colvin and former University of Michigan teammate Tom Brady . In fact, it was Brady who spoke most glowingly when we asked him about Terrell early last season. "He was one of the most talented guys I had ever played with coming into the NFL," Brady said then. "I don't know why things haven't worked out in Chicago. I can only go on the things that I know about him. He was always a great guy and a hard worker, and his talent spoke for itself." Bringing Terrell aboard, along with the signing of Tim Dwight , replenishes the wide receiving corps to the point that New England won't need to make the position a priority in the draft. But it also makes it less of a priority for the Patriots to get a deal done with Troy Brown, who was released earlier this offseason and has yet to draw significant interest on the free-agent market. Brown will likely still return and retire as a Patriot, but a deal doesn't seem imminent considering the other moves. Terrell isn't the only player changing the draft landscape. There still is significant player movement to be completed in the next two weeks – and it could have a deep impact on the first round. The release of linebacker Jamie Sharper by the Houston Texans , and the potential trade of Miami cornerback Patrick Surtain could eliminate major needs wherever they land, as could free-agent defensive end Marques Douglas and Denver Broncos defensive end Trevor Pryce (who is on the trading block). Florida State quarterback Adrian McPherson showed up to his workout with scouts last week weighing 211 pounds – seven less than at the combine, and certainly lighter than teams would like. Still, he raised a few eyebrows during his drills, throwing a ball nearly 75 yards while standing flat-footed, and running his 40-yard dashes from 4.5 to 4.55 seconds. While he misfired on a handful of passes during drills, it was considered a good performance. McPherson's stock is hovering around the third to fourth round, and he isn't getting the "best athlete" hype of Arkansas QB/WR Matt Jones – but he may not be far behind. He's displayed overwhelming arm strength and athleticism, and some scouts feel that if he's developed properly, he has the talent to rival the long-term results of any quarterback in the 2005 draft. Only four teams showed up to his private workout, and St. Louis has appeared to show the most interest in McPherson. Last week's other notable quarterback workout was Akron's Charlie Frye, who had a good – but not spectacular – workout for a dozen teams. There was some thought after the combine that Frye could solidify himself as the draft's third-best quarterback and force himself into the mix at the end of the first round. That buzz appears to have died, but Frye should still be a solid second-round bet, with Baltimore, Cleveland and Green Bay all taking special interest. Auburn's Jason Campbell now appears to be solidly holding the third spot on the draft's QB depth chart. Former Ohio State running back Maurice Clarett's final workout for teams last week was better than his combine showing, but it's not expected to elevate him from his fifth-to-sixth-round status. Weighing in at a muscular 236 pounds, Clarett ran his 40-yard dashes around 4.65 seconds. His shuttle drills – which typically illustrate quickness – were among the slowest of all the running backs. In fact, most of Clarett's drill times are similar to those typically registered by fullbacks. The workout, which was run by coaches from Cleveland and Cincinnati, was attended by six other teams. The Pittsburgh Steelers are thought to be very interested. LSU defensive end Marcus Spears finally ran for scouts last week, registering his 40-yard dashes in the five-second range – with a knee injury that has yet to fully heal. While he likely would have run slightly faster if fully healthy, Spears' stock is expected to take a hit because of various concerns. Aside from the injury concerns, some teams aren't sure where Spears can fit on the defensive line. Some believe the 6-foot-3½, 305-pound Spears will have to gain weight to move inside. If he stays at end, he might have to be more of an anchor defensive end backed up by a fast core of linebackers that can rush the passer. Charles Robinson is the national NFL writer for Yahoo! Sports. Send him a question or comment for potential use in a future column or webcast. Updated on Tuesday, Apr 5, 2005 4:09 am EDT Email to a Friend | View Popular Sponsor Results More from Charles Robinson • Top offensive prospects Jan 26, 2006 • Weathering the storm Jan 25, 2006 Archive Recent News • Kubiak introduced as Texans coach • Top offensive prospects • Texans name Kubiak coach Search: Yahoo! Sports Yahoo! News The Web for
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Drunk Driving Defense Information Drunk Driving Defense Sites by a dui trial lawyer, dui attorney, duilawyer DRUNK DRIVING DEFENSE SITES ON THE INTERNET Informative DrunkDriving Defense Sites on the Internet: A directory ofsites maintained by Jim Forslund, a DUI defense attorney in Colorado. Linkschecked weekly. Mail proposed additions to links@colorado-dui.com RECIPROCAL LINKS APPRECIATED Name Index dui attorney, dui lawyer A-L M-Z Other Countries dui attorney, dui lawyer Search by City, County, State or Postal Code Also visit DUI Help -the first directory of DUI attorneys on the Net. Alabama Alaska Anchorage Sponsor Attorney Fred Sloane How to Handle Your DUI Arrest Even though you've been arrested for DUI, you don't have to let it ruinyour life. You may not realize it yet, but if you are thinking aboutsimply going to court and pleading guilty to your DUI charge you may becheating yourself. You see, a qualified attorney can review the case for defects, suppressevidence, compel discovery of such things as calibration andmaintenance records for the breath machine, have blood samplesindependently analyzed, obtain expert witnesses all of which may helpyou to win your case at trial. To find out what you need to know about your DUI arrest I've developeda website to give you a wealth of useful information . . . informationwhich will show you how you may be able to save your license and yourfreedom . . . and possibly avoid fines, fees, and sharply increased carinsurance costs of as much as $6,800. For the most part, my easy-to-navigate site has information on it whichyou can't get anywhere else unless you are willing to do a great dealof legal research. When you're on my site, you'll also learn how you can get a free,no-obligation consultation where I'll review your case and show you howI may be able to save your license and your freedom. Alaska DUI Drunk Driving Defense Information Dan Allan : If you are going to drink alcohol and /or consume prescription and/or non-prescription drugs, please do not drive, both for your safety and safety of your fellow citizens. If you drive, or are in actual physical possession, of a motor vehicle, please don't drink alcoholic beverages and/or consume prescription and/or non-prescription drugs. When driving a motor vehicle always observe the speed limit, stop signs and the other rules of the road. Prior to driving please verify that your motor vehicle is free of mechanical defects, such as obscure license plate(s), broken or cracked head or ta il lights, over tinted windows, etc. If you carefully observe and follow the three rules listed above it is extremely unlikely that you will atttract police attention and/or be legally stopped for a DUI investigation. As you may know it is not unlawful to drink alcoholic beveratges and drive, ut it is unlawful to drive if you're impaired by alcohol or drug consuption, or if the datamaster or other chemical test taken within four (4) hours after the alleged offense results in 0.08 grams or more of alcohol per 210 liters of the person's breath. Everyone is aware there are numerous bars, clubs, saloons and restuarants in Alask that serve alcoholic beverages, which establishments host large parking lots where citizens may park their vehicles while inside enjoying the food and/or beverages sold by the proprietor. The large parking lots are open invitations to cutomers to drive in/out. In the unlikely event that you or one of your loved ones are stopped by police after leavig such an establishment (or other place where alcoholic beverages are served) it is suggested that you remain courteous and observe the following steps in dealing with the police. Provide your driver's license, proof of insurance and vehicle registration. Always invoke your RIGHT TO REMAIN SILENT, and do not make any statements and do not answer any questions relating to consuption of alcohol and/or drugs. It will not help you to answer questions or talk to the police. DO NOT TAKE ANY SO-CALLED FIELD SOBRIETY TEST, (such as Horizontal Gaze Nystamus test, Walk-And-Turn, One-Leg Stand, Nose Touch, ABCs, Backwards Count, etc.) DO NOT TAKE APRELIMINARY BREATH TEST in the field. The police often don't ask you, but order you to take these test. There is no penalty for not taking so called Field Sobriety Tests, and it is a mere violation to refuse the preliminary breath tests. These so-called test are unfair (and generally will not help you). If you are arrested and taken to a police sub-station, and are requested to blow into the DATAMASTER device, DO give a sample of your breath by blowing into the device. It is a crime with penalties equal to and as devastating as a DUI CONVICTION. After submitting a sample of your breath DO NOT request an independent blood test and continue to remain silent. DO NOT CONSENT to a search of your person, vehicle or other property. Karen Weimer : Delay getting legal help may damage your chance of a successful outcome in your case. It's especially important to deal with license issues promptly. Claman Law Firm: ... you should know that moving violations can affect your right to drive and your insurance rates and coverage. Josephson & Associates : The U.S. Supreme Court has generally interpreted the Fourth Amendment prohibition against "unreasonable searches and seizures" to impose a warrant requirement upon police officers who wish to perform a valid search or arrest. However, the Court has carved out some exceptions to the warrant requirement, which make certain "seizures" constitutionally permissible in the absence of a warrant. One exception that the Court has recognized is for investigative detentions based on less than probable cause. In 1968, the Court established a notable exception to the warrant requirement in Terry v. Ohio for investigative detentions based on less than probable cause (i.e., sufficient reason based on known facts to believe a crime has been committed). Sidney Billingslea: Insurance companies will most likely raise the premiums of a driver convicted of DUI, depending on the driver's history with the company and the driver's claims record. In addition, an insurance company might cancel the policy of a driver convicted of DUI altogether (especially if the driver is in a preferred class). If the insurance company raises insurance premiums, it will label the convicted driver "high-risk" and the driver will be required to file proof of insurance for three to five years with the state DMV. If the insurance company cancels the policy, the driver will have a cancellation on their claims history, which can make it more difficult for the driver to find another insurer. In some states, insurance companies are even allowed to cancel insurance in the middle of the policy term for customers convicted of DUI. Robert Herz: Many states have "enhanced penalty BAC level" laws that impose harsher penalties for drivers with BAC levels at or above the state's enhanced penalty standards. These laws typically apply to drivers with a particularly high BAC, ranging from .15% to .20%. In addition, all states have "zero tolerance" laws that penalize drivers under age 21 for driving with any trace of alcohol in their systems. Pradell & Associates :Alaskans charged with the crime of driving under the influence of alcohol (DWI)may not be aware that they have important legal rights which will be lost ifthey do not act within seven days of their arrest. Those accused of DWI oftenoverlook the tiny print contained on the temporary license stating that withinseven days, you must request an administrative hearing from the Department ofMotor Vehicles (DMV). If you do not do so, your driver's license willautomatically be suspended and you will lose your right to have a DMV hearing.Even if you win a jury trial on your DWI, your license will still be suspendedif you do not request a DMV hearing within 7 days and win at that hearing. Whatshould you do? One option is to contact an attorney immediately after you havebeen charged to learn your rights and to properly prepare your request foradministrative DMV hearing and submit it in a timely manner. Calling anattorney on the eighth day after you are charged may be a costly error! Jody Brion : Anyone who has ever been accused or charged with a crime knows the importance of having an experienced criminal defense attorney by his or her side. The quality of legal representation can often account for the difference between going to jail and going home to one's family. In addition to loss of freedom, a criminal conviction or even a simple arrest can have life long effects in the areas of employment, family relations, and on the quality of life in general. Regardless of the severity of the crime, you deserve the best legal representation available. Fairbanks Downes, MacDonald & Levengood : DWI cases are unique in the criminal justice system and require experienced and knowledgeable counsel. A charge of DWI can have serious ramifications on a defendant's driver's license, criminal record and ability to work and function in society. Cook,Schuhman & Groseclose :Because of increasing fines, longer license suspensions, and a law making athird offense a felony, it is very important to have a thorough understandingof your legal rights, the evidence against you, and your possible defenses. Before automatically pleading guilty or entering into a rushed plea agreementbecause the breath test machine recorded a score above the legal limit, youshould seek legal assistance. Often, these cases can be successfully defendedbefore a jury. Juneau Thomas Nave : In general, the Sixth Amendment guarantees all criminal defendants the right "to have the assistance of counsel." The U.S. Supreme Court has interpreted the Sixth Amendment right to assistance of counsel to be an absolute right, meaning that it applies to any criminal defendant during all critical stages of a criminal proceeding. Specifically, the right to counsel attaches the moment a criminal case has been initiated, extending to criminal defendants charged with felonies or misdemeanors punishable by imprisonment.In addition, the Court has held that fairness requires courts to provide counsel for criminal defendants who cannot afford to hire a lawyer, unless the criminal defendant has knowingly and intelligently waived the right to assistance of counsel. In fact, convictions obtained in the absence of counsel without a valid waiver are voidable, and may not be used later to establish the guilt of the criminal defendant in a new trial or to enhance punishment in the event of a valid conviction. Arizona Arkansas California Colorado Boulder-Denver-Greeley-Ft. Collins, I-70 Corridor and Beyond Jim Forslund : When you've been arrestedfor a DUI and you don't think it's fair, you need a lawyer who can protect yourrights...make sure you're treated fairly...and who knows how to get results.Drinking and driving offenses. Colorado Springs Stephen Anderson Durango Phillip Snyder :If you have been arrested for an alcohol or substance related driving offense,you could face stiff penalties if convicted--including jail time and a monetaryfine. Hiring a lawyer to review the details of the arrest, the evidenceagainst you, and the mitigating circumstances is an essential ingredient inassuring yourself that the judicial system is treating you fairly. Grand Junction Dick Gurley Pagosa Springs Robin Auld :DUI? Who Says You Have To Lose Your License and Your Freedom? Trinidad Rodolfo Reveles Connecticut Delaware Rahaim & Saints : If you are charged with operating a motor vehicle under the influence of drugs or alcohol, you face serious penalties including fines, potential jail time and license suspension. Your choice of attorney to protect your legal rights and represent your interests could mean the difference between returning to your family or going to jail. Jerry Capone : Every American is entitled to the protection of the first Ten Amendments to our Constitution (the Bill of Rights). These include the right to counsel, the right to be protected against unreasonable searches, the right against self incrimination, the right to confront the prosecution witnesses, the right to be presumed innocent until and unless proven guilty beyond a reasonable doubt. Lyons Law : Under Delaware law it is illegal (as it is in all States) to drive a vehicle under the influence of alcohol or any drug, even if prescribed. There are two ways police attempt to prove a driver was under the influence. Usually, if the driver has taken a chemical test which calculates the amount of alcohol in the blood sample, the police rely on a provision of Delaware law that says that any test result .08 or above, so long as the test was taken within four hours after driving, is an automatic violation of the law. A second way the police sometimes, but far less often, attempt to prove DUI is to rely on all the evidence in the case, arguing that it would lead a reasonable person to conclude that the driver was under the influence. These "no test" cases are easier to defend. For a first offense, a driver can be fined up to $1,150.00 or imprisoned up to six months. In addition, following a conviction, a driver will be required to complete an drinking/driving course at his/her own expense. For a first offense, the fine imposed is usually the minimum fine ($230.00) and a sentence of imprisonment (normally 60 days) is suspended so long as the driver completes the course of instruction Ordered. For a second offense within five years of a first offense, however, the conviction means jail time. Normally, second offenders are sentenced to 60 days although they can be sentenced to as much as 18 months in jail. The 60 days usually amounts to 6-7 days in custody with the balance suspended. Second offense fines may be as low as $575.00 or as much as $2,300.00. The jail sentence required for a second offense cannot be suspended other than as set forth above. In addition, a drinking/driving course will be required. For a third offense, anytime within five years of the first offense, the drinking driver, if convicted, is guilty of a felony under Delaware law and subject to fines between $1,000.00 and $3,000.00 and imprisonment from one year to two years. The minimum one year sentence of imprisonment cannot be suspended until after the Defendant has served at least the first three months. This three months is not subject to any early release, furlough or reduction of any kind. Of course, the course of instruction will also be required. For a fourth offense DUI occurring any time after three prior offenses, the charge becomes a more serious felony punishable by $2,000.00 to $6,000.00 fine and two to five years imprisonment. At least six months of any sentence of imprisonment must be served and is not subject to suspension of any kind. Again, the course of instruction must also be taken. To summarize, for a second, third or fourth or greater offense, in Delaware, the drinking driver, if convicted, will always go to jail. In addition to giving you a ticket charging you with an offense under the above referenced guidelines (note that offenses from other States are also counted so long as they are violations of a Statute similar to Delaware's Statutes), the officer, at the time of arrest, will take your Delaware license and issue you a slip of paper serving as a temporary license. Although the form the police use is somewhat confusing, this temporary license is good for only 15 days and unless you request the Department of Motor Vehicle to schedule a hearing regarding whether or not your license should be taken, the temporary license will expire in 15 days. At that point, you will have no license to drive a vehicle. If you allow the temporary license to expire without requesting a hearing or if you request a hearing and subsequently lose the administrative hearing at the Department of Motor Vehicle, your license will be revoked as follows: (a) If you have taken the chemical test demanded by the police officer at the time of the arrest, your revocation will be a period of three months for a first offense, one year for a second offense and 18 months for more than two offenses. (b) If you refused the chemical test at the time of your arrest, the revocation will be for a period of one year for a first offense, 18 months for a second offense and 24 months for a third or greater offense. In addition to the license revocation set forth above, you will also be required to take a drinking/driving educational course and this course must be completed before your license can be restored. In terms of early reinstatement of driving privileges after revocation by the Department of Motor Vehicle, you will be required to serve at least a six months period of license suspension. Eric Mooney : A jury has a certain number of men and women who are selected to inquire into factual matters in criminal and civil proceedings. The sworn jury is known as the "Trier of Fact" because the jurors contemplate and decide factual issues, not legal issues. For example, a jury may decide what weight to give a piece of evidence or a person's testimony, but it has no authority to decide whether a statute of limitations has run out, or whether evidence is hearsay.There are various types of juries, from grand juries, which decide if a trial should even be pursued, to petit juries, which decide factual issues in criminal and civil trials. Jury Size & Make-UpThe size of a jury will vary from state to state, though 12 is common. Although the U.S. Constitution does not set a certain number of jurors, the U.S. Supreme Court has suggested that as few as 6 jurors is constitutionally permissible. A defendant has the right to an impartial jury composed of a representative cross-section of the community. When selecting the jury, lawyers cannot excuse a juror because of race or sex. This illustrates a court's diligence to reflect the sociological make-up of the community, so no biases arise that were not already present.Right to a JuryFor misdemeanors and felonies, defendants are entitled to sit before their peers and be judged on their guilt or innocence. Generally, conviction for a serious crime cannot occur unless: A jury has delivered a verdict You have waived your right to a jury You have entered a plea of guilty Unanimous VerdictThe U.S. Constitution does not mandate, and federal courts will not require, a jury to reach a unanimous agreement on a verdict. However, many states require juries to reach unanimous verdicts for capital crimes and felonies, but not misdemeanors. Ferry & Joseph :The alcohol you drink, after reaching the stomach, is absorbed into the blood.When the alcohol reaches the brain, it affects a person's judgment,coordination and reaction time. When police officers suspect a person is underthe influence, they usually want to conduct a test to determine blood alcoholconcentration (BAC), the percentage of alcohol in a person's bloodstream. Thefollowing types of tests are permitted: breath, blood and urine. Breath testsare most common, especially when a person is stopped by police while driving amotor vehicle. Blood tests are more common when there has been an accident, orwhere drug usage is suspected. Urine tests are rare. If properly done, allthree tests are regarded as reliable and are admissible in Court to provewhether or not a person is under the influence. Breath tests are not mandatory,but there can be sanctions, such as loss of license and driving privileges, forrefusal. Blood tests are mandatory. Richard Wier :Driving While Intoxicated (DWI) is considered a serious crime in every state.Drinking alcohol or taking drugs may affect your ability to operate cars, boatsor industrial equipment in a safe manner. It is against the law in every stateto drive under the influence of alcohol or drugs if you cannot safely operatethe vehicle. DWI and Driving Under the Influence (DUI) refer to the same crime.If the police observe you driving erratically or violating traffic laws, theyare permitted to stop and question you for a DWI violation. If they suspectthat you are intoxicated, they can ask you to submit to various tests,including a blood alcohol test. Joseph Giordano : Most DUI cases have a criminal side and a civil side. The DUI arrest results in criminal charges, which carry severe penalties. What most drivers do not realize is that a DUI arrest also initiates a civil proceeding against your driving privileges called an administrative license revocation (ALR).If you are charged with DUI in Delaware, you have 15 days to request an administrative license revocation hearing (ALR) to challenge the suspension of your license. If you do not request the hearing within 15 days of your arrest, then your license will automatically be suspended. James Folsom: Being involved in the legal system can be a stressful, frustrating, and intimidating experience for non-lawyers and not just for the people who have been drawn into legal conflicts. Their families face hardships and difficult decisions as well. Florida Georgia Hawaii -Oahu Paul Cunny : The Fourth Amendment expressly protects "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." Usually, the prohibition against unreasonable searches and seizures requires police officers to obtain a warrant before performing a search or arresting someone. Although there are several exceptions to the warrant requirement, police officers cannot normally search someone's home without a warrant. In fact, as people have a heightened expectation of privacy in the home, the U.S. Supreme Court has historically afforded the highest level of protection to the right of privacy in the home. John Burge :Driving Under the Influence of Alcohol, or drugs, is a very common crime. Itusually is heavily enforced, due to close scrutiny by groups such as MothersAgainst Drunk Driving. This crime also effects the most average, everydaycitizens. Since the required blood alcohol content (BAC) is so low (.08) inHawaii, it is easy to get arrested if you have as little as two beers, anddrive. Timothy I. Mac Master :In our country, all persons charged with committing a crime are innocent untilproven guilty. You are legally innocent unless you are proven guilty. Even ifyou were DUI, a knowledgeable and skilled attorney may be able to help you to"stay innocent" by avoiding a conviction. EarlePartington If you are arrested for driving under the influence of intoxicating liquor ordrugs, you are in serious trouble. You will face two separate and complex proceedings, one civil and one criminal, that must be dealt with at the sametime. Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska New Hampshire New Jersey New Mexico Nevada New York North Carolina North Dakota Grand Forks-Fargo Steven Light -sponsor attorney How to Handle Your DUI Arrest Even though you've been arrested for DUI, you don't have to let it ruinyour life. You may not realize it yet, but if you are thinking aboutsimply going to court and pleading guilty to your DUI charge you may becheating yourself. You see, a qualified attorney can review the case for defects, suppressevidence, compel discovery of such things as calibration andmaintenance records for the breath machine, have blood samplesindependently analyzed, obtain expert witnesses all of which may helpyou to win your case at trial. To find out what you need to know about your DUI arrest I've developeda website to give you a wealth of useful information . . . informationwhich will show you how you may be able to save your license and yourfreedom . . . and possibly avoid fines, fees, and sharply increased carinsurance costs of as much as $6,800. For the most part, my easy-to-navigate site has information on it whichyou can't get anywhere else unless you are willing to do a great dealof legal research. When you're on my site, you'll also learn how you can get a free,no-obligation consultation where I'll review your case and show you howI may be able to save your license and your freedom. Omdahl Law Office: These criminal charges as well as rape or theft require the representation of an experienced lawyer. George Ulseth :You can be arrested by driving while over the legal BAC in your state or whileimpaired, however, you need not actually operate the car in order to bearrested. You may be found guilty if you had the capability and power todominate, direct, or regulate the vehicle, regardless of whether you wereexercising that capability or power at the time of the arrest. Simply sittingbehind the wheel with the keys in the ignition can lead to your arrest for DUIby being in "actual physical control" of the car. Kirschner Law Firm : If you are charged with a crime, you are in serious trouble. You can be sent to jail, forced to pay substantial fines, and costs, and can be found civilly liable for the same conduct and be required to pay damages to the alleged victim. It is very important that you obtain experienced, knowledgeable and aggressive representation to handle your case. Ohio Oklahoma Oregon Pennsylvania Rhode Island Cranston Schreiber & Schreiber : The first line of defense is to challenge the reason that you were stopped. There are bad stops! There are many things that you need to do before appearing before a judge. Providence James Howe : If you have been arrested for DUI or DWI in Rhode Island within the last 10 days, you must act quickly to save your license. Even if it has been more than 10 days since the arrest, you may be able to reduce, delay and/or prevent many, if not all, of the DUI arrest consequences. Being arrested for drunk driving, driving under the influence (DUI), or driving while intoxicated (DWI) can be an unsettling proposition, to say the least. A DUI - DWI conviction in Rhode Island carries with it heavy penalties, including: A permanent criminal record Suspension or loss of license Increased insurance rates Community service Possible jail or prison time Alcohol assessment and treatment Probation Vehicle immobilization or forfeiture Serious fines Possible job loss If you have been arrested or accused of drunk driving, DUI, DWI, vehicular homicide, or any other alcohol-related criminal offense, you need to hire well qualified legal counsel. The selection of an experienced attorney is the first step towards regaining control of your life. Pelletier & Mirza : DUI Questions Whatconstitutes 'drunk driving"? Drivingunder the influence of alcohol, as it is usually called, is probablyone of the most commonly committed crimes. Yet, the crime is oftencommitted by non-criminal types-respectable members of the communitywho have never before had any trouble with the law. The driver of amotor vehicle need not be "drunk" to be convicted of operating ordriving under the influence of alcohol. All that need be shown is thatthe driver or operator is affected by the alcohol to the extent whichrenders him or her incapable of safely operating a motor vehicle. Aperson may not seem to be "drunk" but if his or her reflexes have beenimpaired by drinking, he or she can be convicted for driving under theinfluence. Under Rhode Island law, there is no requirement that the driving be on a public road. Aperson may be convicted for operating or driving a vehicle anywhere inthe state. It is conceivable that someone could be convicted fordriving under the influence while he or she was pulling in or backingout of a private driveway or driving in a parking lot. All that need beshown is that the person was driving and was under the influence of anintoxicating liquor to a degree that rendered the driver incapable ofsafe operation at the time he or she was driving. Under Rhode Island 'sdrunk driving law, a person can also be found guilty of driving underthe influence if at the time of driving, he or she had a blood alcoholcontent of . 1 0 or more. The blood alcohol content becomes the crimeitself. Our new law is known as a per se law. What happens if I am stoppedby the police for driving under the influence? If a police officer has reasonable groundsto believe that you are operating a motor vehicle while under theinfluence of an intoxicating liquor, he/she may ask you to performcertain tests, known as field sobriety tests, to determine whether youare actually under the influence of an intoxicating liquor. The fieldsobriety tests vary in number and kind and each police departmentfavors certain tests over others. The standardized field sobriety testsconsist of the "one-leg stand" test, the "walk and turn" test, and the"horizontal gaze nystagmus" test. After completion of the fieldsobriety tests, the police officer may, based upon his or herobservations, arrest you for driving under the influence, advise you ofyour constitutional rights and ask you to submit to a chemical test.Most police departments in Rhode Island use a breath test,although the police actually have the option of giving you either abreath test, a urine test, or a blood test. Under Rhode Island law, you have the right to refuse to take any of the chemicaltests. What happens if I refuse to take a chemical test? In Rhode Island ,anyone who operates a motor vehicle is deemed to have given his/herconsent to take a chemical test if a police officer reasonably believesthat person is driving under the influence of an intoxicating liquor.The following administrative as opposed to criminal, penalties will beimposed after a hearing if you refuse to take a chemical test and are afirst-time offender: A. a minimum fine of $200-$500; B. a highwayassessment fee of $500; C. a criminal/juvenile justice informationsystem's fee of $147; D. 3 to 6 months loss of license; E. 1 0 to 60hours of community service; and F. attendance at a special course forthose convicted of driving while intoxicated. in addition, after thesuspension period has expired you will have to pay a reinstatement feeand additional assessments prior to license reinstatement. Theadministrative penalties are mandatory and cannot be suspended orreduced by an Administrative judge. There are further and stricterpenalties for subsequent violations for the same offense. Some policedepartments are satisfied with an administrative conviction for refusalto submit to a chemical test. Other police departments prosecutecriminally for driving under the influence even without the benefit ofa breath, blood or urine test evidence. Some police departments willprosecute a suspected drunk driver both administratively (for refusal)and criminally (for DWI). What happens if I agree totake a chemical test? As previously stated, most police departments use breathtesting equipment to test the amount of alcohol in a person's blood.The machines test the amount of alcohol a person has in his or herlungs, and make a mathematical computation to convert breath alcohol toblood alcohol. If you agree to take the test the police will have acertified breath test operator utilizing certified breath-testingequipment. The breath test consists of two phases, that is, twoseparate readings are taken at least 30 minutes apart. If your blood-alcohol content (BAC) level is . 1 0 or greater, the police have strongrebuttal evidence of your guilt of driving under the influence. Attrial, the court is allowed to draw the inference that BAC at the timeyou were driving was the same as when the test was administered. If youagree to take the breath test, the police must advise you of your rightto have an additional test taken at your own expense, and the policemust give you reasonable opportunity to exercise this right. Inaddition, in both refusal cases and in drunk driving cases, the policemust advise you immediately after your arrest of your right to beexamined by a physician of your choosing at your expense. What happens if the readingsindicate that I am intoxicated? In RhodeIsland chemical test readings of .1 0 or moreare sufficient, without any further evidence, to sustain a convictionfor driving under the influence of alcohol. You-, of course, have theright to present evidence to rebut any evidence of intoxicationincluding evidence which rebuts or calls into question the chemicaltest result. This rebuttal evidence can take many forms and an attorneyshould be consulted with respect to preparing a defense on any chargeof driving under the influence. What happens if I am foundguilty of driving under the influence? Driving under the influence is a criminaloffense. The minimum penalties for driving under the influence are asfollows: A. a fine of $100-$300; B. 1 0 to 60 hours of communityservice; C. 3 to 6 months loss of license and/or up to one year injail; D. a $500 highway assessment fee; E. a criminal/juvenile justiceinformation system's fee of $147.00; and F. attendance at a specialcourse for those convicted of driving while intoxicated. There arestricter penalties, including a mandatory jail sentence, for second andsubsequent violations and convictions. All of the criminal penalties,including jail sentences for second and third convictions, aremandatory and cannot be suspended or reduced by a judge. Louis Serio: There are very important decisions to be made related to blood tests, breathtests, and a doctor's examination immediately after being arrested. JohnTarantino : Bibliography Warwick Jan Head Drunk driving is not a social problem, it is a crime. The biggest problem tothe individual charged with DUI is that it is one of the few crimes where theprimary evidence against you is provided by you, yourself and without yourconsent. This is done by your mannerisms at the time you're stopped, yourspeech pattern, field sobriety test, the breath test, and in the case of anaccident sometimes a blood test. Woonsocket Richard Kyte : You should consult an attorney for individual advice regarding your own situation. South Carolina South Dakota Day Morris & Schreiber: You should consult an attorney for individual advice regarding your own situation. Jack Hagopian : If you or someone you know is charged with a crime, choosing experienced quality legal representation can be the single most decision made about the case. Every good criminal defense attorney must be a good experienced trial attorney. Every lawyer, like every doctor or other professional, has his first surgery or case. When your future is on the line, you need someone who has the experience to advise you whether to go to trial or not and the reputation to back it up. Quite often, cases do plea bargain at the last minute and it is a great advantage to have an attorney who is known to aggressively try and win cases. Bantz, Gosch & Cremer : There is an inequality of power and material resources in the criminal justice system. The government has a large staff of lawyers, police and agents, sophisticated crime labs and experts, and a huge budget provided by the taxpayers. This gives them a tremendous advantage because the legal system is based on the premise that "the whole truth" is that presented at the trial. If a defendant cannot challenge the government's case, or submit his or her own witnesses, then the jury by default will probably accept as true whatever evidence the prosecutor produces. Timothy Rensch David Palmer : Your right to an impartial trial means that your case should be decided by ajudge or jurors who do not have preconceived notions about the type of offensebeing charged. It also means that your case should be decided by a judge orjurors who have not already made up their mind about your guilt. John Wilka: It is important to remember that not all is lost when you are arrestedit is not against the law to be over the legal limit at police station, only when you are behind the wheel. Tennessee Texas Utah Vermont Bradley Myerson -Manchester Center:In Vermont, a conviction of D.W.I. 1st offense, which includes either OperatingUnder the Influence or Operating With at Least .08% of Alcohol in the body,carries a minimum 90 days license suspension with the maximum fine of $750.00,and Court fees. In addition, you will need to successfully complete alcoholeducation screening, and if necessary counseling (at your expense) in order tobe eligible to get your license back, at which time you would also have to paya $50.00 reinstatement fee. Your auto insurance rates will also skyrocket asyour agent will have to file proof of insurance with the State of Vermont. Ifyou are a licensed driver in another State and are convicted of D.W.I. inVermont, you will be subject to the same fines and penalties, and your right todrive will also be suspended for 90 days. There will almost certainly beconsequences in your Home State which may include license suspension for longerthan 90 days as Vermont will report your suspension to your Home State. I havethe experience, determination and skill to defend your D.W.I. charge and tohelp protect your license. Kramer & Durkin-West Dover: In the event that a criminal charge goes to trial, an individual is entitled tolegal counsel to assist him/her at trial, and to ensure that all constitutionaland statutory protections are extended to the Defendant. Burlington Stephen MacKenzie : Is marijuana decriminalised in Vermont NO! many students mistakenly think that small amounts of marijuana are decriminalised here. Even a small quantity of marijuana can result in a criminal conviction, which will lead to a loss of eligibility for government guaranted student loans, employment opportunities, and other related unpleasantries. Murdoch & Hughes : A recent decision by Judge Kupersmith, relying on a decision of a three-justice panel of the Vermont Supreme Court, calls into question the viability of attacks on the DataMaster machine based upon violations of the fifteen-minute observation. White River Junction Michael Kainen : Frequent Drunk Driving Questions I had a buzz but I was not drunk, how can they get me for DWI/DUI? 1) Thirty years ago drunk driving meant that you were drunk. Public outcry and legislative desires to be tough on drunk driving have brought the legal limit down to .08 in most states. That is the level at which you are presumed impaired. You can be charged with DWI if you have a test below a .08. With field sobriety tests the State only needs to prove that you were slightly impaired. I wasnt even driving when they arrested me, how can they charge me with drunk driving? 2) Usually this happens in a couple of different scenarios. The first is where someone reports that you were driving erratically or that you appeared intoxicated. This person could be a store clerk, a bartender, or an angry spouse. An officer may show up at your door and ask you to submit to a test. Based on a number of factors, you could be charged with DWI/DUI. Another scenario is when someone leaves an establishment and realizes that they shouldnt be driving. They pull to the side of the road and fall asleep. An officer may approach the car to see if the occupant is okay and detect the smell of alcohol during the course of conversation. The officer never has to see you driving the vehicle. If you are in actual physical control of the vehicle, and the officer has probable cause to believe that you are impaired, you can be arrested. Actual physical control can be as simple as having the keys in the ignition while sleeping in the car. I need my license to get to work and to get my kids back and forth to school. Can I pay a higher fine and still keep my license? 3) No. In both Vermont and New Hampshire the suspension is absolute. There is no provision for work licenses or any other type of license that would allow you to operate a motor vehicle while under suspension. My friend was driving when we were in the accident. He took off before the police got there, and they arrested me. How can they do this? 4) You can be arrested if the police have probable cause to believe that you were driving, and you were impaired. You would probably want to take your case to trial. As part of your defense, it would be helpful if you could produce the phantom driver. Im guilty. I know I was wrong, is there anything you can do for me? 5) Maybe. There are very specific procedures that the police need to follow when investigating and processing someone for drunk driving. We can review the procedures to determine whether the officer made an error that would prevent the State from using your test result in court. We can negotiate with the State to try to lessen the impact regarding the amount of fine you could have to pay, or try to plea bargain to a lesser offense. In some instances we can waive your appearance at hearings so that you never need to set foot in a courtroom. I refused to submit to a test when the officer asked me, how can I figure out what my BAC was? 6) We have included a BAC calculator as part of this site. This is not intended to assist someone in determining whether or not they can operate legally (and safely), but merely to provide a guide in determining what your BAC may be. It is important to note that there are a variety of factors that may impact the accuracy of the BAC calculator. Virginia Washington Washington, DC : West Virginia Wisconsin Wyoming Other Countries Australia Canada China Beijing- Chen & Associates Denmark Christian Vinaa : + = England Singapore Raffles Law :When a driver is charged under section 67 or 68, evidence that he had at thematerial time a blood alcohol concentration in excess of 80mg of alcohol in100ml of blood creates a presumption that he was incapable of having propercontrol of the vehicle. The onus then falls on the accused to rebut thepresumption. He may not do so, however, by showing that he has a great capacityfor alcohol, since the specific limit set in section 70 is plainly intended topreclude the individual accused from introducing medical evidence as to hispersonal tolerance for drink. New Zealand Hawke's Bay- Bannister and vonDadelszen :The police officer who is dealing with you in these situations can take twoapproaches. The officer can make it easy for you or he/she can make it hard foryou. Invariably, if you, as a potential offender, are arrogant, obnoxious orabusive, you will be dealt with differently than a person who is polite andcordial. After all, it is the police who decide whether or not to release youthat evening. In many cases, the police will give a non-demanding offender alift home. Those who are offensive will, at the worst, find themselves lockedup in the cells to "sober up" or, at best, find themselves walking home.
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DUI / DWI, Drinking 
