First DUI

DUI Arrest

The Smoking Gun: Dick Cheney's Youthful Indiscretions OCTOBER 28--Vice President Dick Cheney's closest aide, I. Lewis "Scooter" Libby , was fingered today in the "Plamegate" leak investigation. While Special Counsel Patrick Fitzgerald has said that his probe might not be complete, TSG has no idea if Cheney himself ran afoul of the law in connection with the disclosure of a CIA officer's identity. But we do know that the veep has previously been busted. Twice. Back when he had hair and liked to get loaded and drive. Here's a reprise of a story chronicling Cheney's DWI history. When news of George W. Bush's drunken driving arrestsurfaced during the final week of the 2000presidential campaign, Republicans tried to dismiss itas one of those "youthful indiscretions" Bush hadsteadfastly refused to discuss. Of course, when he gotpopped in Kennebunkport in 1976, Bush was 30 yearsold, hardly a kid. Vice President Dick Cheney, on the other hand, couldactually argue that his two DWIs came when he wasyoung and reckless. Court and police records obtained by The Smoking Gunshow that Cheney was convicted of drunk driving twiceduring an eight-month period in the early 1960s in hishome state of Wyoming. The two convictions came whenCheney was 21 and 22 and resulted in fines and a briefsuspension of his driver's license. On November 2, in the wake of the Bush DWI discovery,a Cheney spokesperson told reporters that the vicepresidential candidate also had a rap sheet. But theBush-Cheney campaign refused to provide any furtherdetails about the DWI busts. So TSG will now handlethat chore. Cheney first privately disclosed the arrests in 1989,after he had been nominated for Secretary of Defense.According to an account in Bob Woodward's "TheCommanders," Cheney told members of the Senate ArmedServices committee about the DWI arrests during aclosed confirmation hearing. Cheney told the senatorsthat he believed it would be best to publicly disclosethe busts. But Armed Services committee members saidthere was no need for the disclosure and subsequentlyconfirmed Cheney in a 20-0 vote. Following the May 1991 publication of Woodward's book,there was no mention of Cheney's arrests until thebrief confirmation offered by the candidate'sspokesperson last November. But the vice presidenthimself mentioned his rap sheet in an interview in thecurrent issue (dated May 7) of The New Yorker. Cheneynoted that after dropping out of Yale in early 1961,he found himself "working, building power lines,having been in a couple of scrapes with the law." Thebusts, he said, made him "think about where I was andwhere I was headed. I was headed downa bad road, if I continued on that course." Cheney's first DWI conviction came in November 1962when he was 21. According to this docket fromCheyenne's Municipal Court , Cheney was nailed fordrunkenness and "operating motor vehicle whileintoxicated." A Cheyenne Police Judge found Cheneyguilty of the two charges and hit him with a 30-daysuspension of his driver's license. Cheney also had toforfeit a $150 bond posted at the time of his arrest.Further information about the case--such as thedefendant's blood alcohol content or whether Cheneywas jailed following the bust--is unavailable sinceother court records from that period have beendestroyed, according to Wyoming officials. Details of Cheney's second Wyoming arrest, in July1963, have also fallen victim to time and recordsdestruction practices at the local Municipal Court.But a police arrest card (similar to the one thathaunted Dubya) maintained by the Rock Springs PoliceDepartment shows that Cheney was fined $100 for hissecond DWI conviction. The card lists the chargeagainst Cheney, who was then working as a groundmanlaying power lines, as "11-44," the criminal codeclassification for drunken driving, according toPolice Chief Neil Kourbelas. At the time of the RockSprings arrest, Kourbelas said that local cops andjudges would not have known that young Cheney was aboozing 'n driving recidivist. The police department,Kourbelas said, "wouldn't have had the ability toautomatically check with other jurisdictions to findout if anyone had had prior arrests or convictions. Wecould have arrested Jack the Ripper back then and hadno idea what he had done." Since that second Wyoming arrest, Cheney has kept hisnose clean. Join TSG's mailing list . Enter contest , perhaps win loot. home | contest | archive | email

Mississippi DUI Guide: Lawyers, Attorneys and Drunk Driving Defense Laws Everything You Need to Know About First Offender DUI / DWI, Drinking Driving and Drugs Home | State By State Help | DUI Lawyers | Insurance Help | Breath Testers | DUI Videos Other States Mississippi Topics Mississippi DUI Mississippi Car Insurance Mississippi DUI Lawyers Google Search Results Mississippi DUI Information What Happens To First Time Offenders in Mississippi? Mississippi First Offender You are DUI in Mississippi if your blood alcohol content (BAC) was .08% or greater. For any person under the age of 21 the limit is .02% and for operators of commercial vehicles the limit is .04%. First Offender Penalties Jail Not more than forty-eight (48) hours in jail. The court may substitute attendance at a victim impact panel instead of forty-eight hours in jail. Fine Not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00). License Suspension Your driver's license and driving privileges will be suspended for a period of not less than ninety (90) days and until you attend and successfully complete an alcohol safety education program (see below). Suspension not to exceed one (1) year. Reinstatement fee: $100. Education 1st offenders attend a four week course: 2.5 hours per day, 1 day per week (10 hours total). Cost: $100. Hardship License At any time after at least thirty (30) days of suspension for a first offense violation, the court may grant you hardship driving privileges, if it finds reasonable cause to believe that revocation would hinder your ability to (a) continue employment, (b) continue attending school or an educational institution, or (c) obtain necessary medical care. Under 21 If you are under age 21 and had a BAC between .02% and .08%, your license will be suspended for 90 days, and you may be fined up to $250.00 (first offense). The court will order you to attend and complete an alcohol safety education program (see above). The court may also require attendance at a victim impact panel. Test Refusal Failure to submit to a requested test will result in a license suspension of 90 days for a first offense. Your license will be suspended, even if you are later found "not guilty" in court. Any driver failing to submit to a requested test will be charged with DUI. Insurance Your insurance rates will probably increase significantly, and rates for family members and in some cases for your employer, may increase as well. More Serious Charges You may be charged with felony DUI if you are involved in a crash involving serious injury or death. Home > State By State Help > Mississippi DUI DISCLAIMER : This website provides only general information intended for those charged with drunk driving offenses. The information and news items on the site are for information only. This information is not legal advice, nor is it intended to create any binding advisory relationship. Do not take action based upon this information unless you consult with an attorney or other specialist. © 2005 Drivers Research Institute   All Rights Reserved   Send eMail   Advertise With Us

OUIL

OUIL 3rd - Challenged Prior Plea-Based Conviction - No Court Appointed Attorney OUIL3RD - CHALLENGED PRIOR PLEA-BASED CONVICTION - NO COURT APPOINTED ATTORNEY By Judge Stephen Cooper People v Reichenbach, 459 Mich 109 (1998), 12/22/98 Return to District Court Review Menu Return to Calhoun County Courts Homepage Facts: In 1994, the defendant was charged with operating a motor vehicle whileunder the influence of intoxicating liquor or operating a motor vehiclewith an unlawful blood alcohol level, third offense. The felony chargedwas based upon two prior plea-based convictions, one in 1989 and one in1991. At the preliminary hearing, the defendant challenged the 1989plea-based conviction because the defendant was not represented by counselnor did he waive his right to a court-appointed counsel at the plea hearingin 1989. The defendant did sign the "Misdemeanor Arraignment Information"form along with a form entitled "Rights given up by a plea of guilty toa charge of operating under the influence of liquor and/or operating withan unlawful blood alcohol level as a first offense." The arraignmentform did mention the contingent right to a court-appointed attorney. However, the "Rights given up" form only stated that the defendant wasgiving up his right to an attorney by pleading guilty but did not mentionanything about a court-appointed attorney. Also, during the pleasproceedings, the District Court failed to mention the waiver of the court-appointedattorney. Therefore, under MCR 6.610(E)(2), the defendant arguedthat the 1989 plea-based conviction could not be used for enhancement purposesand therefore made a motion for dismissal of the charges. The DistrictCourt granted the motion. The prosecutor appealed and the CircuitCourt affirmed. The Court of Appeals reversed. The SupremeCourt upheld the Court of Appeals. Ruling: The Court ruled that according to the federal and state constitutionsand the Michigan Court Rules, a defendant is not entitled to a court-appointedattorney for a misdemeanor charge if the defendant is not actually imprisoned. Although the defendant is entitled to court-appointed counsel on appeals,the Court noted that the U.S. Supreme Court has ruled that the defendantscharged with a misdemeanor are not entitled to court-appointed counselwhen the defendant is not imprisoned. The Court went further statingthat nothing in Michigan's constitution, statutes, nor court rules providesfor such rights. The Court then went on to discuss what it means to be "actually imprisoned." The Court ruled that a sentence that states that the defendant pay a fineor be imprisoned for a period of time is not a sentence that "actuallyimprisons" the defendant. Since the defendant had a option of payingthe fine and not being imprisoned, the imprisonment was only a "mere threatof imprisonment" not actual imprisonment. Therefore, when the sentencehas the option of paying a fine or being sentenced to imprisonment, thedefendant is not actually imprisoned and therefore is not entitled to acourt-appointed attorney. The Court finally ruled that a plea-based misdemeanor conviction inwhich the defendant did not have counsel can be used to enhance a futuresentence. The Court ruled that MCR 6.610(E)(2) only applies to casesenumerated in MCR 6.610(D)(2)(a)-(c). If the defendant's case doesnot fit within MCR 6.610(D)(2)(a)-(c), then MCR 6.610(E)(2) can not beused to prevent a sentence enhancement. Top ofPage Return to District Court Review Menu Return to Calhoun County Courts Homepage Last updated 4-21-99 Send your comments, questions and suggestions to Phil Harter at 161E Michigan Avenue, Battle Creek, Michigan 49014 or e mail to pharter@internet1.net

Driving Under Influence

RCW 46.61.502: Driving under the influence. About Us | Contact Us | E-mail Notifications | Search | Help Legislature Home | Senate | House of Representatives Print Version | No disponible en español Inside the Legislature Find Your Legislator Visiting the Legislature Agendas, Schedules and Calendars Bill Information Laws and Agency Rules Legislative Committees Legislative Agencies E-mail Notifications Students' Page Outside the Legislature Washington State History and Culture Congress - the Other Washington TV Washington Washington Courts Transportation Performance Audit Board OFM Fiscal Note Website RCWs Title 46 Chapter 46.61 Section 46.61.502 46.61.500 << 46.61.502 >> 46.61.503 RCW 46.61.502 Driving under the influence. (1) A person is guilty of driving while under the influence of intoxicating liquor or any drug if the person drives a vehicle within this state:      (a) And the person has, within two hours after driving, an alcohol concentration of 0.08 or higher as shown by analysis of the person's breath or blood made under RCW 46.61.506 ; or      (b) While the person is under the influence of or affected by intoxicating liquor or any drug; or      (c) While the person is under the combined influence of or affected by intoxicating liquor and any drug.      (2) The fact that a person charged with a violation of this section is or has been entitled to use a drug under the laws of this state shall not constitute a defense against a charge of violating this section.      (3) It is an affirmative defense to a violation of subsection (1)(a) of this section which the defendant must prove by a preponderance of the evidence that the defendant consumed a sufficient quantity of alcohol after the time of driving and before the administration of an analysis of the person's breath or blood to cause the defendant's alcohol concentration to be 0.08 or more within two hours after driving. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.      (4) Analyses of blood or breath samples obtained more than two hours after the alleged driving may be used as evidence that within two hours of the alleged driving, a person had an alcohol concentration of 0.08 or more in violation of subsection (1)(a) of this section, and in any case in which the analysis shows an alcohol concentration above 0.00 may be used as evidence that a person was under the influence of or affected by intoxicating liquor or any drug in violation of subsection (1)(b) or (c) of this section.      (5) A violation of this section is a gross misdemeanor. [1998 c 213 § 3; 1994 c 275 § 2; 1993 c 328 § 1; 1987 c 373 § 2; 1986 c 153 § 2; 1979 ex.s. c 176 § 1.] Notes: Rules of court:   Bail in criminal traffic offense cases -- Mandatory appearance -- CrRLJ 3.2.       Effective date -- 1998 c 213: See note following RCW 46.20.308 .       Short title -- Effective date -- 1994 c 275: See notes following RCW 46.04.015 .       Legislative finding, purpose -- 1987 c 373: "The legislature finds the existing statutes that establish the criteria for determining when a person is guilty of driving a motor vehicle under the influence of intoxicating liquor or drugs are constitutional and do not require any additional criteria to ensure their legality. The purpose of this act is to provide an additional method of defining the crime of driving while intoxicated. This act is not an acknowledgement that the existing breath alcohol standard is legally improper or invalid." [1987 c 373 § 1.]       Severability -- 1987 c 373: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1987 c 373 § 8.]       Severability -- 1979 ex.s. c 176: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1979 ex.s. c 176 § 8.] Business operation of vessel or vehicle while intoxicated: RCW 9.91.020 . Criminal history and driving record: RCW 46.61.513 . Operating aircraft recklessly or under influence of intoxicants or drugs: RCW 47.68.220 . Use of vessel in reckless manner or while under influence of alcohol or drugs prohibited: RCW 79A.60.040 . Comments about this site | Privacy Notice | Accessibility Information | Disclaimer

Drunk Driving Laws

PENALTIES FOR A DUI CONVICTION SERVICES PROGRAMS PRESS PUBLICATIONS DEPARTMENTS CONTACT Penalties for a DUI Conviction PENALTIES FOR DUI CONVICTIONS Under Age 21 CONVICTIONS First Conviction Second Conviction Third Conviction Loss of driving privileges Minimum 2 years Minimum 5 years Minimum 10 years Eligible for Restricted Driving Permit Yes, after the first year.* Yes, after 1 year Installation of a BAIID is required in the driver's vehicle for the life of the RDP. Yes, after 1 year Installation of a BAIID is required in the driver's vehicle for the life of the RDP. Jail Possible imprisonment 0-12 months Possible imprisonment 0-12 months; mandatory 5 days (or 30 days community service) if in 5-year period Class 4 felony with possible imprisonment 1-3 years Community Service 100 hours 30 days (or 5 days in jail) if within a 5-year period If given probation, possible 30 days Fines up to $2,500 up to $2,500 up to $25,000 Note - See Driving Permits for information on BAIID . * An offender requesting a Restricted Driving Permit after a first conviction may be required to have a Breath Alcohol Ignition Interlock Device ( BAIID ) installed in the vehicle as part of driving relief. PENALTIES FOR DUI CONVICTIONS Age 21 and over with a BAC of .08 to .15 CONVICTIONS First Conviction Second Conviction Third Conviction Loss of driving privileges Minimum 1 year Minimum 5 years Minimum 10 years Eligible for Restricted Driving Permit Yes Yes, after 1 year revocation has been served and only with a BAIID installed in the driver's vehicle for the lifetime of the RDP. Yes, after 1 year revocation has been served and only with a BAIID installed in the driver's vehicle for the lifetime of the RDP. Jail Possible imprisonment 0-12 months Possible 0-12 months imprisonment; mandatory 5 days (or 30 days community service) if within 5-year period Class 4 felony with possible imprisonment 1-3 years Community Service 100 hours 30 days (or 5 days in jail) if within a 5-year period If given probation, possible 30 days Fines up to $2,500 up to $2,500 up to $25,000 * An offender requesting a Restricted Driving Permit after a first conviction may be required to have a Breath Alcohol Ignition Interlock Device ( BAIID ) installed in the vehicle as part of driving relief. Additional consequences A DUI conviction is a permanent part of an offenders driving record. The offender may lose work time. The offender will be required to complete an alcohol and drug evaluation and an alcohol/drug remedial education course or substance abuse treatment program before his/her driving privileges are reinstated. The offender must meet the requirements of the Secretary of States Department of Administrative Hearings prior to obtaining a Restricted Driving Permit. The offenders vehicle may be impounded or seized. A Breath Alcohol Ignition Interlock Device (BAIID) may be installed in the offenders vehicle as a condition of driving relief. The offender is required to carry high-risk auto insurance for 36 consecutive months. The offenders vehicle registration will be suspended or revoked. The DUI criminal charge is prosecuted and adjudicated in the courts. This charge is separate from the Statutory Summary Suspension, which is an administrative process. A person convicted of DUI who lost his/her driving privilegesbecause of a summary suspension will have that time credited to the minimum driver's license revocation period. Full driving privileges are lost for a minimum of five years if a driver receives a second conviction for any of the following: DUI; leaving the scene of a personal injury or fatal crash; reckless homicide, or any combination of these offenses in a 20-year period. If a driver receives a third conviction for any of these offenses, regardless of the length of time between convictions, full driving privileges will be lost for a minimum of 10 years. If a driver receives a fourth or subsequent conviction, his/her license will be revoked permanently. If a driver is convicted of DUI in another state, Illinois driving privileges will be revoked. Of the driver's license revocations in 2003, 4,393 were for second offenses, 1,301 were for third offenses, and 734 were for fourth or subsequent offenses resulting in a lifetime revocation. Table of Contents Message | DUI | DUI Facts | Chronology of a DUI Arrest | Statutory Summary Suspension | Penalties for a DUI Conviction | Driving with a BAC of .16 or Greater | DUI with a Child in the Vehicle | Penalties for Other Alcohol-Related Offenses | Administrative License Revocations | Judicial Hearings | Driving Permits | Driver's License Reinstatement | Case Dispositions | Average Cost of a DUI Conviction | "Use It & Lose It" | Offenses Related to Underage Drinking | Secretary of State Programs | Victims Rights | Emergency Room Reporting of Injured Impaired Drivers | History of DUI Laws in Illinois | This edition of the DUI Fact Book is as accurate as possible at the time of publication. This manual does not cover every aspect of Illinois' DUI laws and should not be cited as a legal authority in court. BACK TO CYBERDRIVEILLINOIS.COM HOME PAGE