California DWI

Intoxicated Driving Program Unitin

NJ Criminal Defense Lawyers: Drunk Driving: DWI, DUI, Driving While Intoxicated or under Influence N.J.S. 39:4-50. (a) Except as provided in subsection (g)of this section, a person who operates a motor vehicle while under theinfluence of intoxicating liquor, narcotic, hallucinogenic or habit-producingdrug, or operates a motor vehicle with a blood alcohol concentration of0.10% or more by weight of alcohol in the defendant's blood or permitsanother person who is under the influence of intoxicating liquor, narcotic,hallucinogenic or habit-producing drug to operate a motor vehicle ownedby him or in his custody or control or permits another to operate a motorvehicle with a blood alcohol concentration of 0.10% or more by weight ofalcohol in the defendant' s blood, shall be subject: (1) For the first offense, to a fine of not less than $250.00 normore than $400.00 and a period of detainment of not less than 12 hoursnor more than 48 hours spent during two consecutive days of not less thansix hours each day and served as prescribed by the program requirementsof the Intoxicated Driver Resource Centers established under subsection(f) of this section and, in the discretion of the court, a term of imprisonmentof not more than 30 days and shall forthwith forfeit his right to operatea motor vehicle over the highways of this State for a period of not lessthan six months nor more than one year. (2) For a second violation, a person shall be subject to a fine ofnot less than $500.00 nor more than $1,000.00, and shall be ordered bythe court to perform community service for a period of 30 days, which shallbe of such form and on such terms as the court shall deem appropriate underthe circumstances, and shall be sentenced to imprisonment for a term ofnot less than 48 consecutive hours, which shall not be suspended or servedon probation, nor more than 90 days, and shall forfeit his right to operatea motor vehicle over the highways of this State for a period of two yearsupon conviction, and, after the expiration of said period, he may makeapplication to the Director of the Division of Motor Vehicles for a licenseto operate a motor vehicle, which application may be granted at the discretionof the director, consistent with subsection (b) of this section. (3) For a third or subsequent violation, a person shall be subjectto a fine of $1,000.00, and shall be sentenced to imprisonment for a termof not less than 180 days, except that the court may lower such term foreach day, not exceeding 90 days, served performing community service insuch form and on such terms as the court shall deem appropriate under thecircumstances and shall thereafter forfeit his right to operate a motorvehicle over the highways of this State for 10 years. Whenever an operator of a motor vehicle has been involved in an accidentresulting in death, bodily injury or property damage, a police officershall consider that fact along with all other facts and circumstances indetermining whether there are reasonable grounds to believe that personwas operating a motor vehicle in violation of this section. A conviction of a violation of a law of a substantially similar naturein another jurisdiction, regardless of whether that jurisdiction is a signatoryto the Interstate Driver License Compact pursuant to P.L.1966, c. 73 (C.39:5D-1et seq.), shall constitute a prior conviction under this subsection unlessthe defendant can demonstrate by clear and convincing evidence that theconviction in the other jurisdiction was based exclusively upon a violationof a proscribed blood alcohol concentration of less than .10%. If the driving privilege of any person is under revocation or suspensionfor a violation of any provision of this Title or Title 2C of the New JerseyStatutes at the time of any conviction for a violation of this section,the revocation or suspension period imposed shall commence as of the dateof termination of the existing revocation or suspension period. In thecase of any person who at the time of the imposition of sentence is lessthan 17 years of age, the forfeiture, suspension or revocation of the drivingprivilege imposed by the court under this section shall commence immediately,run through the offender's seventeenth birthday and continue from thatdate for the period set by the court pursuant to paragraphs (1) through(3) of this subsection. A court that imposes a term of imprisonment underthis section may sentence the person so convicted to the county jail, tothe workhouse of the county wherein the offense was committed, to an inpatientrehabilitation program or to an Intoxicated Driver Resource Center or otherfacility approved by the chief of the Intoxicated Driving Program Unitin the Department of Health and Senior Services; provided that for a thirdor subsequent offense a person shall not serve a term of imprisonment atan Intoxicated Driver Resource Center as provided in subsection (f). A person who has been convicted of a previous violation of this sectionneed not be charged as a second or subsequent offender in the complaintmade against him in order to render him liable to the punishment imposedby this section on a second or subsequent offender, but if the second offenseoccurs more than 10 years after the first offense, the court shall treatthe second conviction as a first offense for sentencing purposes and ifa third offense occurs more than 10 years after the second offense, thecourt shall treat the third conviction as a second offense for sentencingpurposes. (b) A person convicted under this section must satisfy the screening,evaluation, referral, program and fee requirements of the Division of Alcoholismand Drug Abuse's Intoxicated Driving Program Unit, and of the IntoxicatedDriver Resource Centers and a program of alcohol and drug education andhighway safety, as prescribed by the Director of the Division of MotorVehicles. The sentencing court shall inform the person convicted that failureto satisfy such requirements shall result in a mandatory two-day term ofimprisonment in a county jail and a driver license revocation or suspensionand continuation of revocation or suspension until such requirements aresatisfied, unless stayed by court order in accordance with the Rules Governingthe Courts of the State of New Jersey, or R.S.39:5-22. Upon sentencing,the court shall forward to the Division of Alcoholism and Drug Abuse'sIntoxicated Driving Program Unit a copy of a person's conviction record.A fee of $100.00 shall be payable to the Alcohol Education, Rehabilitationand Enforcement Fund established pursuant to section 3 of P.L.1983, c.531 (C.26:2B-32) to support the Intoxicated Driving Program Unit. (c) Upon conviction of a violation of this section, the court shallcollect forthwith the New Jersey driver's license or licenses of the personso convicted and forward such license or licenses to the Director of theDivision of Motor Vehicles. The court shall inform the person convictedthat if he is convicted of personally operating a motor vehicle duringthe period of license suspension imposed pursuant to subsection (a) ofthis section, he shall, upon conviction, be subject to the penalties establishedin R.S.39:3-40. The person convicted shall be informed orally and in writing.A person shall be required to acknowledge receipt of that written noticein writing. Failure to receive a written notice or failure to acknowledgein writing the receipt of a written notice shall not be a defense to asubsequent charge of a violation of R.S.39:3-40. In the event that a personconvicted under this section is the holder of any out-of-State driver'slicense, the court shall not collect the license but shall notify forthwiththe director, who shall, in turn, notify appropriate officials in the licensingjurisdiction. The court shall, however, revoke the nonresident's drivingprivilege to operate a motor vehicle in this State, in accordance withthis section. Upon conviction of a violation of this section, the courtshall notify the person convicted, orally and in writing, of the penaltiesfor a second, third or subsequent violation of this section . A personshall be required to acknowledge receipt of that written notice in writing.Failure to receive a written notice or failure to acknowledge in writingthe receipt of a written notice shall not be a defense to a subsequentcharge of a violation of this section. (d) The Director of the Division of Motor Vehicles shall promulgaterules and regulations pursuant to the "Administrative Procedure Act," P.L.1968,c. 410 (C.52:14B-1 et seq.) in order to establish a program of alcoholeducation and highway safety, as prescribed by this act. (e) Any person accused of a violation of this section who is liableto punishment imposed by this section as a second or subsequent offendershall be entitled to the same rights of discovery as allowed defendantspursuant to the Rules Governing the Courts of the State of New Jersey. (f) The counties, in cooperation with the Division of Alcoholismand Drug Abuse and the Division of Motor Vehicles, but subject to the approvalof the Division of Alcoholism and Drug Abuse, shall designate and establishon a county or regional basis Intoxicated Driver Resource Centers. Thesecenters shall have the capability of serving as community treatment referralcenters and as court monitors of a person's compliance with the orderedtreatment, service alternative or community service. All centers establishedpursuant to this subsection shall be administered by a counselor certifiedby the Alcohol and Drug Counselor Certification Board of New Jersey orother professional with a minimum of five years' experience in the treatmentof alcoholism. All centers shall be required to develop individualizedtreatment plans for all persons attending the centers; provided that theduration of any ordered treatment or referral shall not exceed one year.It shall be the center's responsibility to establish networks with thecommunity alcohol and drug education, treatment and rehabilitation resourcesand to receive monthly reports from the referral agencies regarding a person'sparticipation and compliance with the program. Nothing in this subsectionshall bar these centers from developing their own education and treatmentprograms; provided that they are approved by the Division of Alcoholismand Drug Abuse. Upon a person's failure to report to the initial screening or anysubsequent ordered referral, the Intoxicated Driver Resource Center shallpromptly notify the sentencing court of the person's failure to comply. Required detention periods at the Intoxicated Driver Resource Centersshall be determined according to the individual treatment classificationassigned by the Intoxicated Driving Program Unit. Upon attendance at anIntoxicated Driver Resource Center, a person shall be required to pay aper diem fee of $75.00 for the first offender program or a per diem feeof $100.00 for the second offender program, as appropriate. Any increasesin the per diem fees after the first full year shall be determined pursuantto rules and regulations adopted by the Commissioner of Health and SeniorServices in consultation with the Governor's Council on Alcoholism andDrug Abuse pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). The centers shall conduct a program of alcohol and drug educationand highway safety, as prescribed by the Director of the Division of MotorVehicles. The Commissioner of Health and Senior Services shall adopt rulesand regulations pursuant to the "Administrative Procedure Act," P.L.1968,c. 410 (C.52:14B-1 et seq.), in order to effectuate the purposes of thissubsection. (g) When a violation of this section occurs while: (1) on any school property used for school purposes which is ownedby or leased to any elementary or secondary school or school board, orwithin 1,000 feet of such school property; (2) driving through a school crossing as defined in R.S.39:1-1 ifthe municipality, by ordinance or resolution, has designated the schoolcrossing as such; or (3) driving through a school crossing as defined in R.S.39:1-1 knowingthat juveniles are present if the municipality has not designated the schoolcrossing as such by ordinance or resolution, the convicted person shall:for a first offense, be fined not less than $500 or more than $800, beimprisoned for not more than 60 days and have his license to operate amotor vehicle suspended for a period of not less than one year or morethan two years; for a second offense, be fined not less than $1,000 ormore than $2,000, perform community service for a period of 60 days, beimprisoned for not less than 96 consecutive hours, which shall not be suspendedor served on probation, nor more than 180 days, except that the court maylower such term for each day, not exceeding 90 days, served performingcommunity service in such form and on such terms as the court shall deemappropriate under the circumstances and have his license to operate a motorvehicle suspended for a period of not less than four years; and, for athird offense, be fined $2,000, imprisoned for 180 days and have his licenseto operate a motor vehicle suspended for a period of 20 years; the periodof license suspension shall commence upon the completion of any prisonsentence imposed upon that person. A map or true copy of a map depicting the location and boundariesof the area on or within 1,000 feet of any property used for school purposeswhich is owned by or leased to any elementary or secondary school or schoolboard produced pursuant to section 1 of P.L.1987, c. 101 (C.2C:35-7) maybe used in a prosecution under paragraph (1) of this subsection. It shall not be relevant to the imposition of sentence pursuant toparagraph (1) or (2) of this subsection that the defendant was unawarethat the prohibited conduct took place while on or within 1,000 feet ofany school property or while driving through a school crossing. Nor shallit be relevant to the imposition of sentence that no juveniles were presenton the school property or crossing zone at the time of the offense or thatthe school was not in session. (h) In addition to any penalty or condition imposed by law or regulation,a person who is subject to the provisions of this section shall also besubject to the provisions of P.L.1999, c. 417 (C.39:4-50.16 et al.).

California DUI Laws,Criminal Laws California DWILaws DUI DWI: International Referral Database of DUI, DWI, Impairedand DrunkDriving, Drinking and Driving, Lawyers & Attorneys State orProvince | County | Region | Attorneys | Courthouses | License & Traffic Offices | Legislation | Instruments | Standards | Experts | Articles Add Attorney | Add Courthouse | AddDMV Office | Add Legislation | AddInstrument | Add Standards Home | Debate | AddingYour Firm | Words are used in Canada? DUI | DWI | DrunkDriving | Drinkingand Driving | DUI Laws | DWILaws | Ontariodui | Ontario dui laws | ImpairedDriving | TorontoDUI | BramptonDUI | MississaugaDUI DUI : Driving Under the Influence; DWI : Driving While Intoxicated;OUI: Operating Under the Inflence; OWI: Operating While Intoxicated; ImpairedDriving: Impaired in Canada to Slightest Degree; Over 80: Excess BAC alcohol inCanada over 80 mg/100mL; Care or Control: Occupy seat normallyoccupied by operator in Canada, act or series of acts involving useof car , fittings or equipment Sponsored by: Case Briefs www.casebriefs.net D atabase F or C anadian C riminal L aw | Summariesof DUI Law DWI Law California | Law | FirstAppearance | Practice Descriptions | Local Data | Courthouses | Licenses Law Offices of William C. Makler , CA DUI Law, DWI Laws Unlawful to drive while impaired by alcohol and/or drugs and unlawful to drive with a blood alcohol content of .08% or greater in your blood. A lower standard applies to those under 21. Takakjian, Sowers & Sitkoff LLP - Certified Specialist Criminal Defense & DUI - DMV Law , CA DUI Law, DWI Laws First of all, we are sorry if you have been recently arrested for a DUI. And we hope that if you or a family member have been in a traffic collision that you are okay. But it is very important to learn right away if you received a temporary driver's license from the arresting officer. On that form you will see that the DMV must be contacted within ten days of arrest to request a hearing to stop your automatic driver's license suspension! Otherwise, on a first offense, your driver license could be suspended for 4 months and on a second offense, a one year license suspension! Also, please note that if you are subsequently caught driving on a suspended license, a new law says that in addition to being arrested the car you are driving will be impounded and can even be sold! However, you may still qualify for a restricted license! We have been handling DMV license suspension hearings for many years and we are quite successful at representing our clients. Our firm would be happy to contact DMV for you so you can continue to drive. You should know that an arrest can be made at any blood alcohol level. Some counties routinely prosecute people with levels as low as 0.05% BAC. Often the decision to arrest is dependent on the performance on the field sobriety tests ("FST's") and the driving pattern (e.g., weaving, speeding or a traffic accident). Also, an officer can arrest for simply being under the influence of alcohol without any reference to the blood alcohol level at all! The consequences of a DUI conviction are severe. The conviction is on your record for seven years. And a conviction is "priorable" which means an additional offense within seven years has increased penalties (jail, lengthy alcohol programs, loss of license, large fines, etc.). There is a considerable amount of research that an attorney needs to do to defend a DUI case in court and DMV drivers license suspension action. For instance, if someone takes a breath test, the machine maintenance and calibration records as well as the officer's radio logs should be requested to see if the machine is working properly and whether the officer spent the required 15 minutes of observation time prior to the breath test (required by Title 17 of the California Code of Regulations). If someone takes a blood test, then their attorney should request a "blood split" and have the sample sent to an independent lab for testing for preservative and to confirm the blood alcohol level! Also, if it has only been a short time since the last drink was consumed (usually within an hour of the traffic stop or accident), then some of the recently consumed alcohol may still be in the stomach and not even been digested yet. However, when a blood sample is taken an hour or so after driving that alcohol reading is actually higher than it really was at the time of driving! This is called a "Rising Blood Alcohol Defense" and is very persuasive in low blood alcohol level cases. There are many more defenses that may apply to your case. Each of our partners is a former District Attorney. We would be happy to further discuss your case with you. Please do not hesitate to contact us. We have offices throughout California and our fees are reasonable. Please call us and ask for a case analyst. The call is free and the initial consultation is free. But DUI penalties are severe. Don't simply plead guilty without seeing what a very experienced law firm can do for you. Our 24-hour telephone number is 1-800-327-4652. San Luis Obispo DUI Lawyer , CA DUI Law, DWI Laws As a local San Luis Obispo Criminal Defense Attorney I help people who find themselves accusedof a San Luis Obispo crime, or facing a San Luis Obispo Juvenile Case, DUI or DMV matteranywhere in San Luis Obispo County. We never lose sight of our law firms fundamentalcommitment to do all we can to help people who are facing legal problems. We believe that everyperson is entitled to the highest quality Attorney and defense when they are facing the loss of theirfreedom, loss of their job or loss of their driving privilege. The San Luis Obispo Criminal DefenseAttorney firm provides convenient, local and accessible legal services throughout San Luis Obispoand San Luis Obispo County with full service DUI and criminal defense representation in San LuisObispo, Grover Beach, Pismo Beach, Paso Robles, Morro Bay and Santa Maria. As A Local SanLuis Obispo Attorney I can go to Court for you on certain cases avoiding stress and anxiety. Allen & Ehrle , CA DUI Law, DWI Laws A conviction of DUI for a first offender carries the possibility of up to six (6) months in jail, a 1,000 fine, or both. Additionally, probation is usually required, as well as an alcohol education program which is required as a condition of probation. A license restriction may be imposed by the Court, and you car can be ordered impounded. Your insurance rates will increase dramatically, or you may be "cancelled". If you drive for a living, you may lose your job.For second and third offenders, the situation is much more serious. Depending upon the county in which you are arrested, convicted second offenders can expect to spend time in jail. Often the jail sentence can be negotiated to be on week-ends to allow a person to continue their job. Alternatives to actual confinement, such as working for on public works projects, or the "house arrest" program, are possible.The Department of Motor Vehicles will automatically suspend your license if they have evidence you were driving under the influence of alcohol. No doubt the police have taken your license and given you a DMV form that acts as a temporary license and "explains" the hearing process. For the first offender, this mandatory DMV suspension is 120 days, but can be reduced by entering an Alcohol Education Program.If you refused a chemical test, or have been previously been convicted of driving under the influence within the past seven (7) years, the DMV will suspend your license for at least one (1) year. The DMV proceeding is separate and apart from the Court proceeding. Our office provides complete representation at all DMV proceedings and will aggressively seek to protect your driver's license. Please see our DMV page for more detailed information. Braden & Tucci, A Professional Law Corporation , CA DUI Law, DWI Laws Please add data. Kapsack & Bair, LLP , CA DUI Law, DWI Laws First offense DUI conviction in the Bay Area requires: 2 days minimum jail time; fines of about 1500 dollars, DUI School of 15 weeks, and loss of license for 30 days followed by a 90 restriction.Second Offenses increase the jail time to ten days and the school to 18 months with a ONE year license loss.Third offense is sever license loss and 120 minimum jail time. Law Offices of Lawrence Taylor Inc. , CA DUI Law, DWI Laws DUI and per se (.08%) laws, with "Administrative Per Se" automatic license suspension; drivers under 21 face .01% "zero tolerance" suspension. Complex sentencing provisions. 10-day demand requirement for DMV suspension hearing. Option of breath or blood testing. See the California DUI Law Center or California DUI for complete law information. Campbell & DeMetrick , CA DUI Law, DWI Laws See our web page. Law Offices of Barry T. Simons , CA DUI Law, DWI Laws In California, any person who drives a motor vehicle with a blood or breath alcohol concentration of .08% or greater or, who drives while under the influence of alcohol, drugs or a combination thereof is guilty of a misdeamenor unless there is bodily injury or qualified prior convictions which will elevate the offense to a felony. Prior offenses increase both jail time and license suspensions. The Center for DUI & Criminal Defense , CA DUI Law, DWI Laws Please add data. San Diego County DUI Law Center, a Professional Corporation , CA DUI Law, DWI Laws Criminal (Misdemeanor) Sentences for Driving Under the Influence of alcohol and/or drugs (Vehicle Code Section 23152)OFFENSE MINIMUM AND MAXIMUM SENTENCES WHEN PROBATION IS GRANTED MINIMUM AND MAXIMUM SENTENCES WITHOUT PROBATION WITH OR WITHOUT PROBATION FIRST OFFENSEwithin 7 years Attendance at an alcohol/drug program, a fine of 390 to 1,000, plus substantial, mandatory penalty assessments (totalling up to an additional 180% apx.), plus either (A) 48 hours to 6 months jail and 6 months license suspension; or (B) a 90-day license restriction to and from work, during work and to and from DUI program following any DMV suspension (if no refusal). 96 hours to 6 months in jail, 390 to 1,000 fine, and a 6-month license suspension. May impound vehicle for 6 months.Up to 3 years ignition interlock device (IID), and Additional Jail if Child Passenger, if 30 mph over speed limit on freeway or if 20 mph over speed limit on other roads, if Refusal of chemical test, or if .20% BAC or more. SECOND OFFENSEwithin 7 years Attendance at 18-30 month alcohol/drug program, a fine of 390 to 1,000 plus substantial, mandatory penalty assessments, 96 hours to 1 year in jail, installation of ignition interlock (IID) device for up to 3 years, and 2 year license suspension, with a possible license restriction to and from work, during work and to and from DUI program after 1 year of suspension and enrollment in DUI program (Helpful note: earlier court restriction can be requested but is only available if you & your DUI/DMV attorney prevail at DMV administrative per se license suspension hearing). However, your license shall be suspended if the offense occurred in a vehicle which requires a class 1, 2, A or B license. 90 days to 1 year in jail, 390 to 1,000 fine plus substantial, mandatory penalty assessments, IID up to 3 years, and 2 year license suspension. THIRD OFFENSE within 7 years 120 days to 1 year in jail, 390 to 1,000 fine plus substantial, mandatory penalty assessments, a 3-year license revocation, and an 18-month alcohol/drug program if you have not completed one before. 120 days to 1 year in jail, 390 to 1,000 fine, and a 3-year license revocation. FOURTH OR SUBSEQUENT OFFENSEwithin 7 years 120 days to 1 year in jail, 390 to 1,000 fine plus substantial, mandatory penalty assessments, a 4-year license revocation, and an 18-month alcohol/drug program if you have not completed one before. 16 months, or 2 or 3 years in state prison, or 180 days to 1 year in county jail; 390 to 1,000 fine, and a 4-year license revocation. DMV Penalties for Driving Under the Influence of alcohol and/or drugs OFFENSE BOH/REFUSAL SENTENCE FIRST OFFENSE .08 or greater 4-month suspension "" Refusal 1 year suspension SECOND OFFENSEwithin 7 years .08 or greater 1 year suspension "" Refusal 2 year revocation THIRD OFFENSEwithin 7 years .08 or greater 3 year revocation "" Refusal 3 year revocation FOURTH OFFENSEwithin 7 years .08 or greater 4 year revocation "" Refusal 4 year revocation Joshua M. Dale, Esq. , CA DUI Law, DWI Laws Remember, you can always defendyour DUI charge . Being arrested for DUI can be traumatic and embarrassing. Getting yourdrivers license confiscated on the spot by a police officer, is sudden andunexpected. If you are an outof state driver , your rights upon arrest slightly differ. At this difficult time, an attorney can help you protect all your legalrights and make sure you dont get taken advantage of. Your attorney shouldtry to save your license at the DMV and the court house. Almost all attorneys offer a free officeconsultation . Use this freeconsultation to get a legal opinion about the issues in your case, and to findanswers to any DUIquestions you may have. The attorneywill help you evaluate your chances for a good defense. You should know thatattorney fees are based on a sliding scale and an easy payment plan can bearranged. Frequently Asked Questions About DUI In California: Q. Why should I see an attorney about my DUI? A. A DUI is a felony ormisdemeanor criminal offense, not just a traffic ticket. If you are convicted ofa DUI, there are mandatory legal penalties. Your drivers license isautomatically suspended unless you fight. Your auto insurance rates willskyrocket, and the conviction may be added to your credit report. If you hold aprofessional license, a conviction must usually be reported to your governingagency. In short, you have a lot to lose. So it makes good sense to see if youcan defend yourself against these charges. An experienced criminal attorney canreview the facts of your case to find legal defenses to the charges. Q. What should I look for in a defense attorney? A. Most attorneys do notpractice criminal law, and you need a specialist to defend your rights. Whenyoure looking for a criminal attorney, you should evaluate the initialinterview carefully. You should feel comfortable with the attorney and confidentin his or her ability in this type of case. When you have questions, make suretheyre answered to your satisfaction. Some firms use paralegals orsecretaries to interview clients. Be sure you talk directly with a competentcriminal defense attorney. Q. Could I represent myself in court or DMV? A. Do-it-yourself legal workdoesnt make much sense. DUI is a criminal matter and there are stiffpenalties. Take it seriously. Q. What if I cant appear in court? A. Your attorney can appear for you incourt in most cases. You dont have to be present. Q. Can I discuss my case with family members, friends, or coworkers? A. No,dont. If you discuss your arrest with others, they can be called as witnessesby the prosecution. Your attorney cant be a witness against you. Tellingpeople about your arrest can damage your reputation, upset your loved ones, andmay jeopardize your job. You should discuss your case only with your lawyer. Q. Can you guarantee results? A. Beware of any attorney who guaranteesresults. In the law, as in most other areas of life, absolute certainty is notpossible. However, the best results in any case always come from a goodprofessional relationship with a competent attorney. Q. Can I get my drivers license back? A. Possibly. Each case has its ownspecial facts, and there are valid legal defenses that can be used against yourDMV license suspension. One or more defenses may apply in your case. Q. What is the DMV hearing about? A. The DMV has the right to suspend orrevoke your drivers license if you dont challenge the action. To do this,they decide whether the police officer had a legal right to stop you and a legalright to arrest you. Then, depending on the test you took, they also decidewhether your blood alcohol content was legally above the limit. Hearings fortest refusal cases are held in much the same way. Law Offices of George A. Boyle , CA DUI Law, DWI Laws First DUI:Jail 48 Hours to 6 Months Probation 3-5 Years Fine generally around $1,500 total License Restriction 90 Days minimum License Suspension 6 Months maximumMandatory Education and Victim AwarenessDMV penalties are in addition to criminal penalties Law Offices of George A. Boyle , CA DUI Law, DWI Laws First DUI:Jail 48 Hours to 6 Months Probation 3-5 Years Fine generally around $1,500 total License Restriction 90 Days minimum License Suspension 6 Months maximumMandatory Education and Victim AwarenessDMV penalties are in addition to criminal penalties Law Offices of Mary Frances Prevost , CA DUI Law, DWI Laws - Taft Attorneys , CA DUI Law, DWI Laws Kern County , Bakersfield , Lamont , Shafter , Taft , Mojave , Delano , and Lake Isabella, Lake Buena Vista Southern California DUI Defense , CA DUI Law, DWI Laws Usually in a DUI case, you will be charged with two separate criminal offenses:Section 23152 (a) of the California Vehicle Code, driving under the influence; and,Section 23152 (b) of the California Vehicle Code, driving with a blood alcohol level of .08% or higher. Southern California Criminal Defense Lawyer , CA DUI Law, DWI Laws Please go to my website at www.bestlegaldefense.com - , CA DUI Law, DWI Laws Please add data. Matt Ruff & Bruce Blythe , CA DUI Law, DWI Laws Please add data. Lamont DUI , Traffic and Criminal Defense Attorney , CA DUI Law, DWI Laws When a California driver is arrested the law requires he or she be given a choice of a breath or blood test. If (1) a breath test indicates .08% blood-alcohol or more, or (2) a blood (or, if neither breath nor blood are available, urine) is taken for later analysis, or (3) the individual refuses to submit to chemical testing, his driver's license is immediately confiscated by the police (unless it is an out-of-state license) and he is issued a pink sheet of paper. This paper serves as (1) a formal notice of immediate suspension, (2) a temporary license valid for 30 days, and (3) a technical explanation of the laws and procedures involved. After a DUI arrest the individual has ten days within which to request an administrative hearing through the Drivers Safety Office of the Department of Motor Vehicles (DMV) to contest the suspension. This is called the Administrative Per Se Suspension ("APS"). It is CRITICAL that the DMV be contacted by the individual's attorney within 10 calendar days of the arrest. On the 11th day, the DMV will refuse to provide a hearing and the suspension will automatically take effect in 30 days. If an attorney has not been retained within the 10-day window, the individual should try to contact the local Drivers Safety Office himself. In Southern California these offices are located in El Segundo, City of Commerce, Irvine, San Bernardino and San Diego. In Kern County the offices are located in Fresno and Bakersfield. The hearing ideally should be set up through an attorney familiar with DUI and DMV APS matters. There is a good chance of having the suspension thrown out; the worst thing that can happen is that the same suspension will simply take effect, but due to the stay often far later than 30 days. If this is a first Dui offense within 10 years, the license will be suspended for a minimum of 4 months. This can be reduced to 1 month followed by 5 months of work restriction if the individual files proof of enrollment in a DUI school and proof of insurance (the "SR-22" form). If the case involves a refusal to submit to chemical testing, the suspension is for 1 year; no work restriction is possible. A 2nd offense within 10 years carries a 1-year suspension, 2 years if a refusal, again no restriction is possible. If under 21 a 1 year suspension will result. In most cases, due to work overload, the DMV will be unable to provide a hearing before the 30-day temporary license expires. In that event, the lawyer should demand -- and will receive -- an extension of the temporary license (called a "stay") until the hearing is provided and a subsequent decision rendered. This "APS" suspension is based upon California's so-called "implied consent" laws: any person driving in this state is "presumed" to impliedly consent to chemical testing if he is suspected of drunk driving. It would certainly seem, however, that the procedure violates the U.S. Constitution. First, there appears to be a presumption of guilt and lack of due process: the officer is judge, jury and executioner. Second, it would seem to constitute "double jeopardy": the individual is being charged with a criminal offense and punished (including a license restriction) in court -- and then is accused in a separate proceeding and punished again with a license suspension. The courts, however, have used strained logic in concluding that one is criminal and the other administrative -- a license suspension is simply an "administrative sanction", not a "punishment"! The hearing is conducted by a hearing officer who is an employee of the DMV. This person, although not legally trained, will act as the "judge" -- and also as the prosecutor! He or she can, for example, rule on his own objections. The hearing is conducted like a miniature trial, but without jury and with somewhat different rules of evidence. The defenses tend to be more technical than in court, with procedural and bureaucratic errors often the grounds for a "set-aside" of the suspension. Because of the technical nature of these hearings and the lack of an independent judge, it is inadvisable to attempt to represent yourself. And because they are not criminal in nature, public defenders are unavailable. A DMV attorney on your side can at the very least level the playing field. Testimony can be produced by both sides, although the hearing officer usually only produces documents, such as police reports, laboratory reports and the officer's sworn affidavit. Because there is no Fifth Amendment right at the hearing, the attorney may or may not choose to have the client at the hearing since he can be called by the hearing officer as a witness. A decision is usually not rendered until some days or even weeks after the hearing. If adverse, the decision can be appealed to the DMV in Sacramento and/or to the courts by filing a "writ".Please go to our official website at www.lamontattorney.com for additional information California Moore law firm , CA DUI Law, DWI Laws Violation of 232152 a) or b) is a misdemeanor crime. (BAC .08 per se)A misdemeanor driving under the influence charges means that the charge involved no injury or property damage and the penalty is up to 12 months in County jail. Minimum with probation is 48 hours in "jail" (alternative work programs may be available).A felony DUI ( 23153 vehicle code) involves either: 1. injury, or 2. three prior convictions within 7 years (and other situations). Penalties could be as much as 12 months in County Jail or years in a state prison.Right to request a hearing from the DMV within 10 days of receipt of license suspension. See DUI web site for complete information: www.moorelawfirm.com Bruce Blythe & Matt Ruff , CA DUI Law, DWI Laws Kern County , Bakersfield , Lamont , Shafter ,Wasco, Delano, Taft , Mojave , Delano , and Lake Isabella. Robert L. Miller & Associates, A Law Corporation , CA DUI Law, DWI Laws California law applies two charges to the drinking driver - a Vehicle Code section 23152(a) count, driving impaired by alcohol, and 23152(b), driving above a .08% Blood Alcohol Content. California's Admin Per Se suspension gives you a temporary right to drive for 30 days, after which the driver's license is suspended until further action. Southern California DUI Attorney , CA DUI Law, DWI Laws When a California driver is arrested for a DUI, California law requires he or she be given a choice of a breath or blood test. If (1) a breath test indicates .08% blood-alcohol or more, or (2) a blood (or, if neither breath nor blood are available, urine) is taken for later analysis, or (3) the individual refuses to submit to chemical testing, his driver's license is immediately confiscated by the police (unless it is an out-of-state license) and he is issued a pink sheet of paper. This paper serves as (1) a formal notice of immediate suspension, (2) a temporary license valid for 30 days, and (3) a technical explanation of the laws and procedures involved. After a DUI arrest the individual has ten days within which to request an administrative hearing through the Drivers Safety Office of the Department of Motor Vehicles (DMV) to contest the suspension. This is called the Administrative Per Se Suspension ("APS"). It is CRITICAL that the DMV be contacted by the individual's attorney within 10 calendar days of the arrest. On the 11th day, the DMV will refuse to provide a hearing and the suspension will automatically take effect in 30 days.If an attorney has not been retained within the 10-day window, the individual should try to contact the local Drivers Safety Office himself. In Southern California these offices are located in El Segundo, City of Commerce, Irvine, San Bernardino and San Diego. In Kern County the offices are located in Fresno and Bakersfield.The hearing ideally should be set up through an attorney familiar with DUI and DMV APS matters. There is a good chance of having the suspension thrown out; the worst thing that can happen is that the same suspension will simply take effect, but due to the stay often far later than 30 days. If this is a first DUI offense within 10 years, the license will be suspended for a minimum of 4 months. This can be reduced to 1 month followed by 5 months of work restriction if the individual files proof of enrollment in a DUI school and proof of insurance (the "SR-22" form). If the case involves a refusal to submit to chemical testing, the suspension is for 1 year; no work restriction is possible. A 2nd offense within 10 years carries a 1-year suspension, 2 years if a refusal, again no restriction is possible. If under 21 a 1 year suspension will result.In most cases, due to work overload, the DMV will be unable to provide a hearing before the 30-day temporary license expires. In that event, the lawyer should demand -- and will receive -- an extension of the temporary license (called a "stay") until the hearing is provided and a subsequent decision rendered.This "APS" suspension is based upon California's so-called "implied consent" laws: any person driving in this state is "presumed" to impliedly consent to chemical testing if he is suspected of drunk driving. It would certainly seem, however, that the procedure violates the U.S. Constitution. First, there appears to be a presumption of guilt and lack of due process: the officer is judge, jury and executioner. Second, it would seem to constitute "double jeopardy": the individual is being charged with a criminal offense and punished (including a license restriction) in court -- and then is accused in a separate proceeding and punished again with a license suspension. The courts, however, have used strained logic in concluding that one is criminal and the other administrative -- a license suspension is simply an "administrative sanction", not a "punishment"!The hearing is conducted by a hearing officer who is an employee of the DMV. This person, although not legally trained, will act as the "judge" -- and also as the prosecutor! He or she can, for example, rule on his own objections. The hearing is conducted like a miniature trial, but without jury and with somewhat different rules of evidence. The defenses tend to be more technical than in court, with procedural and bureaucratic errors often the grounds for a "set-aside" of the suspension. Because of the technical nature of these hearings and the lack of an independent judge, it is inadvisable to attempt to represent yourself. And because they are not criminal in nature, public defenders are unavailable. A DMV attorney on your side can at the very least level the playing field.Testimony can be produced by both sides, although the hearing officer usually only produces documents, such as police reports, laboratory reports and the officer's sworn affidavit. Because there is no Fifth Amendment right at the hearing, the attorney may or may not choose to have the client at the hearing since he can be called by the hearing officer as a witness. A decision is usually not rendered until some days or even weeks after the hearing. If adverse, the decision can be appealed to the DMV in Sacramento and/or to the courts by filing a "writ". Another way around the DMV APS suspension is to obtain an acquittal in the criminal court on the DUI "B" count. Law Office , CA DUI Law, DWI Laws Please add data. Law Office , CA DUI Law, DWI Laws Please add data. Attorney at Law , CA DUI Law, DWI Laws Please add data. Darren T. Kavinoky , CA DUI Law, DWI Laws When someone is arrested for DUI ,there are really two separate cases being prosecuted against the accused: The DMV case, where the drivers license can be taken away; and The criminal case that can result in jail, fines, an ignition interlock device being installed in the car, alcohol education classes, community service, impounding the defendants vehicle, or a combination of these things, depending upon the facts of the case. DMV Case If you have been arrested for Drunk Driving,you must request a DMV hearing within 10 days of your arrest. If you do notrequest a D.M.V. hearing within 10 days of your arrest, your license will beautomatically suspended or revoked 30 days after your arrest. As a courtesy, you may download a DMVhearing request , which must be faxed to the DMVoffice nearest to the location of your arrest. THE D.M.V. OFFICES AND FAXNUMBERS AND ARE LISTED ON THE FORM. Fill in the blanks, including your name,drivers license number, the date of your arrest, the arresting agency(Police, Sheriff, or C.H.P.), and the location of arrest (major cross streets,or at least the city, if known). FAX THIS FORM TO THE D.M.V. DRIVER SAFETYOFFICE NEAREST TO THE LOCATION OF YOUR ARREST. THE LOCATIONS AND FAX NUMBERS AREON THE FORM. Even if 10 days have passed, it may be possibleto get a DMVhearing , depending upon the facts of your case. If you are beyond 10 days,download and fax this hearing request at once, and contact a lawyer immediatelyto try to protect your rights. The Criminal Case The basic DUI law can be found in CaliforniaVehicle Code sections 23152 and 23153 . In order to convict a person of D.U.I., theprosecutor must prove beyond a reasonable doubt that the accused drove a vehiclewhile underthe influence of drugs , alcohol, or both; or, that the accused drove avehicle with .08 or more, by weight, of alcohol in the blood. See BloodAlcohol Calculator . There are special laws in California forpersons under 21 who arearrested for DUI . Just like with people over 21, there are two separateprosecutions. However, the punishment is more severe for persons under 21,especially with the DMV under Californias Zero Tolerance laws. A D.U.I. case may be charged as a felony(meaning the punishment can be a term in state prison for a minimum of 16 months) where someone isinjured, or where the accused has three or more priorDUI convictions . (Note that certain related charges, such as wetreckless driving may count as a prior D.U.I. conviction for this purpose.)These violations must have happened within seven years of the new charge tocount against the accused as a prior conviction. Remember, there are two ways to be convicted ofD.U.I.: Failing to operate a vehicle with the same caution characteristic of a sober person under the same or similar conditions (being a sloppy driver as the result of drinking or taking drugs); or Driving a vehicle while having .08 or more, by weight, of alcohol in the blood. See Blood Alcohol Calculator . Submit a FREE CASEEVALUATION FORM AND SCHEDULE A FREE TELEPHONECONSULTATION . Additional Information: DrunkDriving Laws Los Angeles DUI Attorney , CA DUI Law, DWI Laws When a California driver is arrested for a DUI in Los Angeles, California law requires he or she be given a choice of a breath or blood test. If (1) a breath test indicates .08% blood-alcohol or more, or (2) a blood (or, if neither breath nor blood are available, urine) is taken for later analysis, or (3) the individual refuses to submit to chemical testing, his driver's license is immediately confiscated by the police (unless it is an out-of-state license) and he is issued a pink sheet of paper. This paper serves as (1) a formal notice of immediate suspension, (2) a temporary license valid for 30 days, and (3) a technical explanation of the laws and procedures involved. After a DUI arrest the individual has ten days within which to request an administrative hearing through the Drivers Safety Office of the Department of Motor Vehicles (DMV) to contest the suspension. (There are a number of offices throughout them Los Angeles area) This is is called the Administrative Per Se Suspension ("APS"). It is CRITICAL that the DMV be contacted by the individual's attorney within 10 calendar days of the arrest. On the 11th day, the DMV will refuse to provide a hearing and the suspension will automatically take effect in 30 days. If an attorney has not been retained within the 10-day window, the individual should try to contact the local Drivers Safety Office himself. In Southern California these offices are located in El Segundo, City of Commerce, Irvine, Los Angeles, San Bernardino and San Diego. In Kern County the offices are located in Fresno and Bakersfield. The hearing ideally should be set up through an attorney familiar with DUI and DMV APS matters. There is a good chance of having the suspension thrown out; the worst thing that can happen is that the same suspension will simply take effect, but due to the stay often far later than 30 days. If this is a first DUI offense within 10 years, the license will be suspended for a minimum of 4 months. This can be reduced to 1 month followed by 5 months of work restriction if the individual files proof of enrollment in a DUI school and proof of insurance (the "SR-22" form). If the case involves a refusal to submit to chemical testing, the suspension is for 1 year; no work restriction is possible. A 2nd offense within 10 years carries a 1-year suspension, 2 years if a refusal, again no restriction is possible. If under 21 a 1 year suspension will result. In most cases, due to work overload, the Los Angeles DMV will be unable to provide a hearing before the 30-day temporary license expires. In that event, the lawyer should demand -- and will receive -- an extension of the temporary license (called a "stay") until the hearing is provided and a subsequent decision rendered. This "APS" suspension is based upon California's so-called "implied consent" laws: any person driving in this state is "presumed" to impliedly consent to chemical testing if he is suspected of drunk driving. It would certainly seem, however, that the procedure violates the U.S. Constitution. First, there appears to be a presumption of guilt and lack of due process: the officer is judge, jury and executioner. Second, it would seem to constitute "double jeopardy": the individual is being charged with a criminal offense and punished (including a license restriction) in court -- and then is accused in a separate proceeding and punished again with a license suspension. The courts, however, have used strained logic in concluding that one is criminal and the other administrative -- a license suspension is simply an "administrative sanction", not a "punishment"! In Los Angeles, the hearing is conducted by a hearing officer who is an employee of the DMV. This person, although not legally trained, will act as the "judge" -- and also as the prosecutor! He or she can, for example, rule on his own objections. The hearing is conducted like a miniature trial, but without jury and with somewhat different rules of evidence. The defenses tend to be more technical than in court, with procedural and bureaucratic errors often the grounds for a "set-aside" of the suspension. Because of the technical nature of these hearings and the lack of an independent judge, it is inadvisable to attempt to represent yourself. And because they are not criminal in nature, public defenders are unavailable. A Los Angeles DMV attorney on your side can at the very least level the playing field. Testimony can be produced by both sides, although the hearing officer usually only produces documents, such as police reports, laboratory reports and the officer's sworn affidavit. Because there is no Fifth Amendment right at the hearing, the attorney may or may not choose to have the client at the hearing since he can be called by the hearing officer as a witness. A decision is usually not rendered until some days or even weeks after the hearing. If adverse, the decision can be appealed to the DMV in Sacramento and/or to the courts by filing a "writ". Another way around the DMV APS suspension is to obtain an acquittal in the criminal court on the DUI "B" count Attorneys at Law , CA DUI Law, DWI Laws Kern County , Bakersfield , Lamont, Arvin , Shafter , Taft , Mojave , Delano , and Lake Isabella. When a California driver is arrested for a DUI, California law requires he or she be given a choice of a breath or blood test. If (1) a breath test indicates .08% blood-alcohol or more, or (2) a blood (or, if neither breath nor blood are available, urine) is taken for later analysis, or (3) the individual refuses to submit to chemical testing, his driver's license is immediately confiscated by the police (unless it is an out-of-state license) and he is issued a pink sheet of paper. This paper serves as (1) a formal notice of immediate suspension, (2) a temporary license valid for 30 days, and (3) a technical explanation of the laws and procedures involved. After a DUI arrest the individual has ten days within which to request an administrative hearing through the Drivers Safety Office of the Department of Motor Vehicles (DMV) to contest the suspension. This is called the Administrative Per Se Suspension ("APS"). It is CRITICAL that the DMV be contacted by the individual's attorney within 10 calendar days of the arrest. On the 11th day, the DMV will refuse to provide a hearing and the suspension will automatically take effect in 30 days. If an attorney has not been retained within the 10-day window, the individual should try to contact the local Drivers Safety Office himself. In Southern California these offices are located in El Segundo, City of Commerce, Irvine, San Bernardino and San Diego. In Kern County the offices are located in Fresno and Bakersfield. The hearing ideally should be set up through an attorney familiar with DUI and DMV APS matters. There is a good chance of having the suspension thrown out; the worst thing that can happen is that the same suspension will simply take effect, but due to the stay often far later than 30 days. If this is a first DUI offense within 10 years, the license will be suspended for a minimum of 4 months. This can be reduced to 1 month followed by 5 months of work restriction if the individual files proof of enrollment in a DUI school and proof of insurance (the "SR-22" form). If the case involves a refusal to submit to chemical testing, the suspension is for 1 year; no work restriction is possible. A 2nd offense within 10 years carries a 1-year suspension, 2 years if a refusal, again no restriction is possible. If under 21 a 1 year suspension will result. In most cases, due to work overload, the DMV will be unable to provide a hearing before the 30-day temporary license expires. In that event, the lawyer should demand -- and will receive -- an extension of the temporary license (called a "stay") until the hearing is provided and a subsequent decision rendered. This "APS" suspension is based upon California's so-called "implied consent" laws: any person driving in this state is "presumed" to impliedly consent to chemical testing if he is suspected of drunk driving. It would certainly seem, however, that the procedure violates the U.S. Constitution. First, there appears to be a presumption of guilt and lack of due process: the officer is judge, jury and executioner. Second, it would seem to constitute "double jeopardy": the individual is being charged with a criminal offense and punished (including a license restriction) in court -- and then is accused in a separate proceeding and punished again with a license suspension. The courts, however, have used strained logic in concluding that one is criminal and the other administrative -- a license suspension is simply an "administrative sanction", not a "punishment"! The hearing is conducted by a hearing officer who is an employee of the DMV. This person, although not legally trained, will act as the "judge" -- and also as the prosecutor! He or she can, for example, rule on his own objections. The hearing is conducted like a miniature trial, but without jury and with somewhat different rules of evidence. The defenses tend to be more technical than in court, with procedural and bureaucratic errors often the grounds for a "set-aside" of the suspension. Because of the technical nature of these hearings and the lack of an independent judge, it is inadvisable to attempt to represent yourself. And because they are not criminal in nature, public defenders are unavailable. A DMV attorney on your side can at the very least level the playing field. Testimony can be produced by both sides, although the hearing officer usually only produces documents, such as police reports, laboratory reports and the officer's sworn affidavit. Because there is no Fifth Amendment right at the hearing, the attorney may or may not choose to have the client at the hearing since he can be called by the hearing officer as a witness. A decision is usually not rendered until some days or even weeks after the hearing. If adverse, the decision can be appealed to the DMV in Sacramento and/or to the courts by filing a "writ". Another way around the DMV APS suspension is to obtain an acquittal in the criminal court on the DUI "B" count. Additional External DUI DWI Links: DUI Lawyer: DWI, BAC, Public Intoxication 5972 | DUI DWI Practice Descriptions, Links, andProfiles | DUI DWI Summaries of Law | Searchby Region, County, City | First Appearance inDUI Court DWI Court | MembersOnly | AddYour Firm | Delete | Privacy | For Ontario DUIDWI impaired driving criminal law information please visit www.lawyers.ca See also TorontoDUI For more information respecting this database or to report misuse contact: AllbissLawdata Ltd. , 303-470 Hensall Circle, Mississauga,Ontario, Canada, L5A 3V4. Theauthor and the participants make no representation or warranty whatsoeveras to the authenticity and reliability of the information contained herein.Advertisement.Theselawyers do not practice in association. WARNING: All informationcontained herein is provided for the purpose of providing basic information onlyand should not be construed as formal legal advice. The authors disclaim any andall liability resulting from reliance upon such information. You are stronglyencouraged to seek professional legal advice before relying upon any of theinformation contained herein. Legal advice should be sought directly from aproperly retained lawyer or attorney.

DUI LAWS › DUI

Hawaii DUI Law › Free Consultation Find a DUI LAWS Lawyer :: Select Your State :: Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington Washington DC West Virginia Wisconsin Wyoming › About 1800 DUI LAWS › DUI Laws by State › DUI Arrests by State › Drinking and Driving › Your First DUI › DUI Drugs › DUI Laws Dictionary › BAC Calculator › Field Sobriety Tests › Driver License › The Science › Breathalyzers › Jail Alternatives › Ignition Interlock › Criminal Courts › Designated Drivers › DUI Insurance › DUI Schools › Tell a Friend //-- › Order Your DMV Record › Link to DUI LAWS › Contact Us › Why Expungement? › Expungement 101 › Felony Expungement › Rehabilitation & Pardon › Case Evaluation › Traffic School Info › About The Content › About The Quizzes › About The Final Exam › Student Comments › DUI Chat › For Attorneys Only › Website Development Hawaii DUI LAW Choose your Hawaii county to locate a DUI LAW Lawyer in your area. :: Select a County :: Hawaii County Honolulu County Kalawao County Kauai County Maui County Hawaii counties - map view Hawaii DUI arrests trigger two separate cases: the Hawaii DUI court case, and the Hawaii DUI drivers license case. It is URGENT that you act quickly by contacting a Hawaii DUI defense attorney to protect your driving privileges. Failure to act immediately will result in severe Hawaii DUI consequences. Hawaii DUI laws (which are also called OVUII laws, for Operating a Vehicle Under the Influence of an Intoxicant) call for a DUI prosecution in District Court, as well as a driver’s license suspension from the Administrative Driver’s License Revocation Office (ADLRO) . It is the Administrative Driver’s License Revocation Office that seeks to take immediate action against your driver’s license. Hawaii DUI laws are such that even if you were in Hawaii for vacation or temporary military assignment, and hold a driver’s license from another state, it is critical that you protect your Administrative Rights here. Because of the Interstate Driver’s License Compact , any action taken against your driving privileges because of a Hawaii DUI will be reported to your home state, and will result in a suspension or revocation there. top Hawaii DUI laws allow for criminal court prosecutions on one of two theories: either that the person is impaired for purposes of driving, OR that the person violated Hawaii DUI laws by driving with a blood alcohol content (BAC) of .08% or higher. The latter is called Hawaii’s "per se" law, and most states have a similar DUI law. Hawaii DUI law prosecutions based on impairment typically look to four areas to prove that the driver was under the influence of alcohol. These areas include driving patterns, the driver’s physical appearance, field sobriety test results , and chemical test results . The job of a skilled Hawaii DUI defense lawyer will be to establish reasonable doubt in one of these areas to defeat the Hawaii DUI prosecution. Hawaii DUI law prosecutions can also be based on violation of Hawaii’s "per se" law. This DUI law declares it a crime to drive with a blood or breath alcohol content of .08 or higher, without regard to whether the driver is actually impaired. This Hawaii DUI crime is based purely on body chemistry. Hawaii DUI law provides for a five-year "lookback" period, meaning that if there is a prior conviction for DUI that is more than five years before the present offense, the present offense will be treated like a first-offense DUI. If, however, there is a prior DUI conviction within that five-year period, the punishment for purposes of both court and the ADLRO driver’s license suspension dramatically increase. A fourth-offense DUI is a felony, and can mean a prison term of up to five years. top Hawaii DUI convictions for first offenders include the following punishments: A fourteen-hour minimum substance abuse rehabilitation program, including education and counseling, or other comparable program deemed appropriate by the court; Ninety-day prompt suspension of license and privilege to operate a vehicle during the suspension period, or the court may impose, in lieu of the ninety-day prompt suspension of license, a minimum thirty-day prompt suspension of license with absolute prohibition from operating a vehicle and, for the remainder of the ninety-day period, a restriction on the license that allows the person to drive for limited work-related purposes and to participate in substance abuse treatment programs; Any one or more of the following: Seventy-two hours of community service work; Not less than forty-eight hours and not more than five days of imprisonment; or A fine of not less than $150 but not more than $1,000; and A surcharge of $25 to be deposited into the neurotrauma special fund. These DUI sentences do not include legal enhancements, such as second-offense DUI or third-offense DUI, which involve much longer jail sentences and more severe punishments. This information also does not take into account various statutory enhancements, such as being DUI with children in the car, DUI with a blood alcohol level of .20 or higher, DUI while driving recklessly, and others. If you or someone you care about has been arrested for Hawaii DUI, drunk driving, or related charges, please don’t wait. Contact a qualified DUI defense lawyer at once to protect your rights. :: Previous page :: | Site map | Terms and Conditions | Legal Disclaimer | Privacy Policy | Contact us at 1 800 DUI LAWS | 1 800 DUI LAWS. All rights reserved.

Driving While Intoxicated A

Driving While Intoxicated A Problem For Nevada's Young - Reno Personal Injury Lawyer -- Tampa Bay Personal Injury Lawyer Philadelphia Personal Injury Lawyer Miami Personal Injury Lawyer Orlando Personal Injury Lawyer Portland Personal Injury Lawyer Austin Personal Injury Lawyer Seattle Personal Injury Lawyer Pensacola Personal Injury Lawyer Reno Personal Injury Lawyer Roanoke Personal Injury Lawyer Topeka Personal Injury Lawyer Little Rock Personal Injury Lawyer Atlanta Personal Injury Lawyer New York City Injury Lawyer Chicago Personal Injury Lawyer Phoenix Personal Injury Lawyer Honolulu Personal Injury Lawyer Dallas Personal Injury Lawyer Mealey's Legal News Day On Torts Ernie The Attorney Location: InjuryBoard.com Nevada Reno Motor Vehicle Accidents InjuryBoard.com Regional Personal Injury Weblog Nevada Reno Coverage Area Reno Legal Topics Defective Products Insurance Bad Faith Medical Malpractice Motor Vehicle Accidents Sexual Abuse Worksite Injuries Wrongful Death Recent Entries Nevada Crosswalks Stages of Litigation in Nevada - Part II Driving While Intoxicated A Problem For Nevada's Young Nevada's Teen Drivers Get Into More Auto Accidents Stages Of Litigation In Nevada Nevada's 'Catch-All' Statute Of Limitations Compensation After An Automobile Accident Repressed Memory In Sexual Abuse Cases Assessing Your Risk In Personal Injury Litigation Insurance Companies Owe Insureds Special Duties Subscribe by Email Search: About InjuryBoard.com Nevada Law Firms Contact the Editor Name: E-mail: Phone Number: Zip Code: Your Question: Confidential Featured Posts Sites of Interest Reno Personal Injury Lawyer Driving While Intoxicated A Problem For Nevada's Young E-mail this Article Print this Article Text Size: A A Editor: Steven J. Klearman, Attorney at Law Firm: Steven J. Klearman and Associates December 24, 2005 By Steve Klearman Comments (0) TrackBack (0) Category: Motor Vehicle Accidents The Reno-Gazette Journal reports that while the rate at which driving under the influence of alcohol or drugs jumped 43 percent for 17-year-olds from 2000 to 2001, the rate declined in 2002, a trend that held true for all other teenage groups. The Gazette-Journal's study found that the trend reverses itself as soon as drivers turn 20: The rate at which DUI contributes to accidents leaped 34 percent among 20-year-old drivers from 2001 to 2002 and 27 percent among 21-year-olds. These increases come after years of decline or only small increases. The number of DUI-related accidents involving 20-year-olds also is climbing in Washoe County. The severity of those accidents also is climbing; the percentage of DUI-related mishaps that result in injuries jumped from 33 percent in 2001 to 52 percent the following year. The newspaper's analysis also illustrates why insurance companies charge teen drivers more: Teen drivers are much more likely to have an accident than drivers in their 20s. Although the accident rate for 20-24 year-old drivers has remained steady at about 10 percent annually, the accident rate for teen drivers has climbed to almost twice that rate -- 18 percent in 2002. Teen drivers are more likely to have passengers aboard when they have a fatal accident than older drivers, the newspaper analysis found. The percentage of injury accidents when a teen driver has teen passengers is much higher in Washoe County than it is for the state as a whole. And the disparity is getting worse: Washoe's rate of 35 percent in 2002 was nearly twice the statewide rate of 18 percent. Increasingly it is the passenger who is getting injured. Both the total number of injured passengers and the per-capita rate are climbing. The injury rate when the injured passenger is a teen jumped 20 percent from 2000 to 2002 and the injury rate when the passenger is either an adult or a child has doubled between 1999 and 2002. Trackback Pings TrackBack URL for this entry: http://myblog.injuryboard.com/cgi-bin/mt/mt-tb.cgi/481 Comments Post a comment Name: Email Address: URL: Remember Me? Yes No Comments: (you may use HTML tags for style) Email Article Email this entry to: Your email address: Message (optional): © 2006 Claris Law

Field Sobriety Testing Field

Field Sobriety Testing - Souther California DUI attorneys San Diego DUI Attorneys | Los Angeles DUI Attorneys| Orange County DUI Attorneys Field Sobriety Testing Field Sobriety Testing The Standardized Field Sobriety Test (SFTS) is a series of three tests used to obtain proof of impairment and establish a probably cause for arrest. These tests were developed as a result of research sponsored by the National Highway Traffic Safety Administration (NHTSA). Police officers take part in a formal program of training to become more skilful at detecting DUI suspects, describing their behaviour and presenting effective testimony in court. The program is administered and accredited via IACP. The three SFST tests are: The horizontal gaze nystagmus (HGN); The walk-and-turn; The one-leg stand. These tests should be administered methodically and evaluated without prejudice according to the measured responses of the suspect. HGN Testing Horizontal gaze nystagmus is the involuntary jerking of the eyeball which occurs naturally as our eyes gaze to the side. Normally, nystagmus occurs as the eyes are rotated at high peripheral angles; however when impaired by alcohol nystagmus is exaggerated and may occur at lesser angles. When performing the HGN test, the officer observes the eyes of a suspect as they attempt to follow a slow-moving object (such as a pen or small flashlight) on a horizontal axis. The examiner looks for three indicators of impairment in each eye: If the eye cannot follow a moving object smoothly If jerking is distinct when the eye is at maximum deviation If the jerking starts within a 45 degree angle of center. Four or more clues must appear across both eyes for the suspect to have a likely blood alcohol count (BAC) of 0.10 or greater. The test allows accurate classification of around 77% of suspects according to NHTSA research. HGN can also indicate ingestion of seizure medications and a variety of inhalants, barbiturates and other drugs. Divided Attention Testing These tests are easily performed by most sober people and require a suspect to listen to and follow instructions while performing simple physical manoeuvres. The tests are based on the fact that impaired persons experience difficulty performing tasks requiring their attention be divided between basic mental and physical exercises. Walk and Turn Test This test involves the subject taking nine steps as directed, heel-to-toe along a straight line. After the final step they must turn on one foot and continue in the opposite direction. The examiner is looking for seven indicators of impairment, involving the suspect: losing balance while listening to instruction; starting before the instructions are finished; stopping to regain balance; not touching heel-to-toe; balancing with his/her arms; losing balance while turning or; taking an incorrect number of steps. NHTSA research indicates that 68 percent of individuals exhibiting two or more indicators in the test will have a BAC of 0.10 or greater. One-leg Stand Test In this test, the DUI suspect is instructed to stand with one foot approximately six inches from the ground and count aloud by thousands (one thousand-one, one thousand-two, etc) until told to put the foot down. This is timed by the officer for 30 seconds. Four indicators of impairment are looked for by the officer involving the suspect: swaying while balancing; using arms to balance; hopping to maintain balance; putting their foot down.. NHTSA research implies 65% of individuals exhibiting two or more of these indicators will have a BAC of 0.10 or greater. The effectiveness of SFST in court testimony and evidence depends upon the cumulative total of impairment indicators across the three tests; the greater the number, the more convincing the testimony. Because it is administered according to national standards and is supported by significant research, SFST has greater credibility than an otherwise prejudiced testimony. Alternative Testing Methods Certain suspects such as those physically disabled will be unable to perform the SFST so alternative testing methods must be employed, such as counting aloud, reciting the alphabet or finger dexterity. Should an officer administer a test that involves the suspect to respond verbally with information unrelated to the offense – such as answering questions related to birthdays – he or she should issue the Miranda warning to the suspect as the information they seek is testimonial in nature. 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