DWI law: Penalties: Fines
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OUIL laws of Michigan. 0.08 Home The Green Light News Upcoming Events Past Events Hot Topics Prosecution Experts Defense Experts Court Opinions Legal Motions Links Video Catalog TSTP Staff Calendar of Events Members Only Search .08 Think back. It's October 1, 1999. A new law just went into effect that was called the Repeat Offender Law. That law made some significant changes to the OUIL laws of Michigan. Of course, after it passed, there were some sighs of relief and a general consensus that the OUIL laws were set for the foreseeable future. Now travel to today's date. It's time for a change. The OUIL laws are going through another rewrite that will go into effect September 30, 2003. To refresh your memory, in October of 2000, the federal government required that all states go to a .08 UBAC law or face the consequences of losing federal highway funding. While Michigan has always had .08 as a less serious offense, it did not comply with the federal requirements. This month, Michigan has passed a bill that complies with those requirements. It is Public Act 61 of 2003. However, this law does more than comply with the federal requirements. Why Change? Over and above the loss of funds from the federal government, it has been shown that .08 laws save lives. A review of nine studies that have examined .08 laws and their impact found that in the 16 states that passed .08 before January 1, 1998, there was a median decrease in fatal alcohol-related crashes of 7%. Three of those studies estimated that if all 50 states had .08 as their primary enforcement level 400 to 600 lives would be saved. That's 400 to 600 people not killed needlessly. So .08 saves lives. It's just good public policy. OWI So what does the law look like? OUIL and Impaired driving are still in the statute. However, Operating While Intoxicated (OWI) is added to the statute and uses OUIL as part of its definition. It is defined as either being under the influence of an alcoholic liquor (OUAL?) or having a BAC of .08 or greater. Impaired Driving uses the same definition of visibly impaired, without any BAC to define it. Controlled Substances Assume that you have someone that has marijuana in their system and that person is driving a car. The law now says that someone that has ANY AMOUNT of a Schedule One controlled substance or cocaine in their body has violated the law. We will not have to prove that they are under the influence or impaired. However, if it is a controlled substance that is not under Schedule One or cocaine, proof of being under the influence is still necessary. Presumptions The BAC presumptions that are currently present in the statute have been stricken, but in their place is relation back language. In other words, when the breath test is given or blood is drawn, the results of the tests are presumed to be the same as at the time the person was driving. Also in the law, the implied consent penalties have been increased. Anyone that refuses the first time, is given a one year suspension. For a second refusal in 7 years, it is a two year suspension. Sentencing Guidelines Another important change deals with the sentencing guidelines. How many times have we seen cases where someone is killed by an intoxicated driver, and the guidelines indicate that jail, not prison, is the proper sentence. It was as if that persons' death was not as big of a deal as someone was killed by a gun in a bar room fight. In a tie-barred bill, (House Bill 4248) variable 3 of the Sentencing Guidelines has increased the points assigned when a person is killed by a driver who was intoxicated, from 35 points to 50 points, thus making it more likely that a person will go to prison for killing another human being. Sunset Provision One other current addition to the law is a sunset provision that the .08 law would end on September 30, 2013. So in ten years, we would go back to the current OUIL law. Of course if the federal requirements are the same as now, we would then be in violation of those guidelines, and we would lose a significant amount of highway funding. Confused? That's okay. There are a lot of changes coming with this bill in the area of prosecuting intoxicated drivers. For more information, check the PAAM Traffic Safety Training web site at www.paamtrafficsafety.com . If you want to see the bills, go to www.michiganlegislature.org and type in 4247 which is the house bill for the new OUIL law. House bill 4248 deals with the sentencing guidelines. The bottom line is that we will have some new tools to help us in the prosecution of intoxicated drivers. Let's make sure that we take advantage of them. Prosecuting Attorneys Association of Michigan 116 West Ottawa Street - Suite 200 Lansing MI 48913 (517) 334-6060 - FAX: 334-6351 www.michiganprosecutor.org
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? P R O {` = bjbjFF m@ , , 8 $ " " " P r ! f& $ ' h '* Z & 9 " 1 & 1 & 8iX " & 0 ' * - * * 1 3 1 1 1 & & d 1 1 1 ' D " " Traffic Safety Milestones in New Mexico: A Short History of Traffic Safety Legislation and Public Policy in New MexicoCarolyn Johnson, Training and Development SectionInstitute of Public Law, University of New Mexico School of LawMSC 11 6060, 1 University of New Mexico, Albuquerque, NM 87131-00011913: First State Legislature passes anti-DWI law: Penalties: Fines between $25 and $100; jail between 30 and 90 days.1919: DWI penalties raised to $1000 and one year in jail. The legislature also made it a crime for a passenger to knowingly and willfully ride with an intoxicated driver. The passenger was subject to the same penalties as the driver $1000 fine and a year in jail. (Note: this is the year prohibition was passed). 1929:Legislature repeals the statute making it unlawful to ride with an intoxicated driver.1967:NHTSA issues Federal Motor Vehicle Safety Standard 208, requiring auto manufacturers to install lap and shoulder belts in outboard positions (next to windows) and lap belts in all other positions. This law became effective in 1968. 1969: Implied Consent Law Passed. Contained the following presumptions: under .05 it is presumed that person is not intoxicated; .05 to .09: no presumption is made as to intoxication; .10 and over it is presumed that the person is intoxicated. These presumptions could be overcome by competent evidence as to the intoxication or sobriety of the driver. They did not apply to the criminal portion of the law, but rather to license revocation. 1971: Implied Consent Act is taken out of the courts and made an entirely administrative (noncriminal) proceeding. 1983: The per se standard of .10 is added to the criminal portion of the law (66 8-102C). Under this section of the law, a person can be convicted of DWI for driving with a blood alcohol concentration of .10 or more. New Mexico enacts child safety restraint law, which applies only to children under 5, with secondary enforcement. 1984: The per se standard of .10 is added to the Implied Consent Act, which now defines driving with a BAC over .10 as both a criminal violation and an administrative (noncriminal) violation. The administrative per se violation replaces the portion of the law which provided that at .10 BAC or over, the driver was presumed to be intoxicated. Under this new law, (66-8 110C) the driver with a .10 or higher BAC has his license administratively revoked and is charged with the crime of DWI.1985:New Mexicos mandatory child restraint law amended to include children under 11, with primary enforcement. 1986:New Mexicos mandatory adult safety belt law goes into effect (passed in 1985) with primary enforcement. 1987: New Mexico Court of Appeals holds sobriety checkpoints constitutional in New Mexico (City of Las Cruces v. Betancourt) as long as certain guidelines are followed. 1988: The cars of second and third time offenders impounded for 30 and 60 days, respectively. Fourth or subsequent offenders will receive mandatory six-month jail sentences. Mandatory 96 hours in jail for driving with a license revoked for DWI. Law clarifies that DWI convictions will be recorded against offenders even if their sentence is suspended, deferred or taken under advisement. 1989: Legislature passes open container law, modifies mandatory safety belt law to apply to pickup trucks as well as passenger cars, and passes new law, the Local Liquor Excise Tax Act, which applies only to McKinley County. Pursuant to the new law, McKinley County passes local tax on alcohol of 5%, to fund drug abuse education, prevention and treatment programs. 1990: Farmington enacts ordinance providing for mandatory three days in jail for ALL DWI offenders. US Supreme Court approves sobriety checkpoints, as long as police agencies comply with outlined procedures. 1992: Albuquerque passes states first DWI vehicle forfeiture ordinance for driving while revoked for DWI. The penalty is entirely civil and will eventually encompass both driving while revoked and DWI. 1993: Legislature creates new crimes of felony DWI for a fourth or subsequent offense and aggravated DWI for .16+, refusal or causing bodily injury while DWI. BAC per se standard is lowered from .10 to .08. DWI Local Grant Fund is created for communities to apply for grants to fight DWI at local level; mandatory alcohol evaluation for all DWI offenders and mandatory penalties for second or subsequent offense. Most of the new laws went into effect in 1994. 1997: Legislature requires fingerprinting of all convicted DWI offenders.1998: Service to drive-up alcohol windows is outlawed statewide by state legislature. 1999: Limited licenses for convicted offenders become available to offenders who install ignition interlocks on their cars (among other requirements) vehicles may be driven only to work or school. Graduated drivers license legislation passed, pertaining to youth under age 18. 2001:Law passed requiring all adults to be in a safety belt in all positions of a vehicle. 2002: Legislature requires ignition interlocks to be installed on the vehicles of all convicted repeat DWI offenders and aggravated DWI offenders. New Mexico Supreme Court holds that Albuquerques DWI vehicle forfeiture ordinance does not constitute double jeopardy. 2003: Ignition Interlock License Act passed, allowing DWI offenders to obtain a license to drive anywhere at any time, unless they have been convicted of vehicular homicide or great bodily injury by vehicle while DWI. Law now allows tribal convictions to be counted as prior offenses in New Mexi c o , a n d a l l o w s t r i b e s t o s u b m i t r e c o r d s t o s t a t e w i d e M V D / D W I d a t a b a s e , a t t r i b e s o p t i o n . D o Ha A Ha C o u n t y s v e h i c l e f o r f e i t u r e o r d i n a n c e g o e s i n t o e f f e c t . 2 0 0 4 : L e g i s l a t u r e r a i s e s D W I f r o m a f o u r t h d e g r e e f e l o n y t o a t h i r d d e g r e e f e l o n y o n a s i x t h o r subsequent offense. Makes substance abuse counseling and treatment mandatory on every subsequent offense and for all persons incarcerated for DWI. Law changed to include tribal convictions as priors for purposes of sentence enhancement. Each prior DWI conviction within the last 10 years now adds four years to a prison sentence for vehicular homicide, (mandatory). This doubled the previous enhancement of two years. Law changed to make it a fourth degree felony for a person to sell, serve, give, buy, or deliver alcohol to a minor, or assist a minor to buy, procure or be served alcohol. This includes getting someone else to give alcohol to minors by deceptive practices. (2004 continued) Las Cruces and Torrance County vehicle forfeiture ordinances go into effect.2005:Legislature increases period of license revocation for a conviction for DWI, as follows: 1 year revocation on a first, 2 years on a second, 3 years on a third and lifetime for a 4th subject to a five-year review in the district court. Law now requires any convicted offender to obtain an ignition interlock license and have interlock installed and operating on all cars driven by offender, according to the same timetable as the license revocation. Law makes juveniles subject to the interlock indigency fund. Adds mandatory community service for first and third time offenders. New law requires standardization of law enforcement arrest records and procedures. 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Drunk Driving Lawyer Since California Drunk Driving - DUI - Law & Procedure - Drunk Driving Attorney - Lawyer Kinsey Law Offices Eugene E. Kinsey 323 Main St., 2nd Fl. Seal Beach, CA 90740 KINSEY LAW OFFICES Drunk Driving Defense The Firm For Clients For Lawyers Free Stuff Law Library Legal Links Lawyer Jokes Home When You Need An Experienced Drunk Driving - DUI Attorney Kinsey Law Offices Eugene E. Kinsey Seal Beach, CA (562) 596-8177 DUI - Drunk Driving Lawyer Since 1976 - Negotiation - - Settlement - - Trial - E-Mail Us Basic California Drunk Driving (DUI) Law - The California Vehicle Code: California has two basic drunk driving laws, found in Vehicle Code sections 23152(a) and 23152(b): 23152(a) It is a misdemeanor to drive under the influence of alcohol and/or drugs. 23152(b) It is a misdemeanor to drive with .08% or more of alcohol in your blood. Note: In most cases, both the 23152(a) and (b) offenses will be charged. Even though there is only one act, the law says that a defendant charged with drinking and driving can be convicted of BOTH offenses — but can only be punished for one (the punishments are identical). Vehicle Code section 23153 sets forth the "felony DUI" provisions where an injury results from the drunk driving, while Penal Code sections 191.5 and 192 describe the crime of "vehicular manslaughter" where there is a death. For further information, visit the following sites: Basic DUI Law Verbatum presentation of the basic misdemeanor DUI law, California Vehicle Code sections 23152. DUI-Related Statutes A broader range of California laws applying to drunk driving cases — misdemeanor, felony, prior convictions, etc. AAA Guide to California's DUI Laws [ cached version ] A good overview of the state's criminal and license supension laws, from the Automobile Club of Southern California. Legal FAQs Answers to the 20 questions most frequently asked by those arrested for DUI, from the attorney who wrote the legal textbook "Drunk Driving Defense, 5th edition". California Vehicle Code The main Vehicle Code sections which apply to misdemeanor drunk driving cases, along with explanations of their legal terms. California's DUI Vehicle Impound Laws How to get your car back if it is impounded as the result of a DUI arrest — either of yourself or of another. California Vehicle Code Verbatum collection of sections of the Code which apply to drunk driving criminal and license suspension cases. AAA Punishment Chart A chart of statutory sentencing ranges for misdemeanor drunk driving, from the Automobile Club of Southern Californias. Clearing Your Record Discussion of post-conviction procedures for setting aside a plea or verdict of guilty and obtaining a dismissal. California Department Of Motor Vehicles Penalties: In most cases, the person arrested for drunk driving will have his driver's license confiscated by the officer if he (1) takes a breath test showing .08% blood-alcohol or higher, (2) gives a blood or urine sample which will be analyzed later, or (3) refuses to be tested. He will also be given a pink sheet of paper which serves as both a notice of suspension and a 30-day temporary license. (For out-of-state drivers, the license will not be seized and the suspension will only be of the privilege to drive within California.) It is critically important to CALL THE CALIFORNIA DMV WITHIN 10 DAYS OF THE ARREST to request a hearing to contest the suspension; failure to do so will result in the suspension taking effect 30 days after the arrest. Requesting a hearing will also result in an extension of the 30-day temporary license, usually for another month or two depending upon when the hearing is held. Nothing is lost by requesting a hearing and a good DUI attorney has a fair chance of getting the suspension thrown out. The division of the DMV responsible for the "APS" suspension of licenses is the Drivers Safety Office (DSO), with branch offices located around the state. It is at these offices that the hearings will take place, presided over by a "hearing officer" — a DMV employee without legal training who will serve as both prosecutor and judge. The following resources will provide information about the California Department of Motor Vehicles and the laws that largely govern their reponsibilities: the California Vehicle Code. California DMV Home page of the Department of Motor Vehicles. The Driver's License General information about about driver's licenses. Guide to the DMV Unofficial website providing plain-English information about the DMV and its services. DUI Suspensions over/under 21 DMV's overview of license suspensions for drunk driving for adults and drivers under 21. DUI Suspensions The DMV's summary of provisions for administrative ("APS") suspensions and restrictions of licenses for drunk driving; also included is information about "negligent operator" point-count suspensions Impairment Chart The DMV's simplistic chart of impairment based only upon weight and consumption. AAA The Southern California Auto Club's guide to the DMV. Forms Download Department of Motor Vehicle forms online, including Driver Safety forms. Vehicle Code The DMV's online access to the entire Vehicle Code. Publications Download such DMV publications as the "California Driver Handbook" online. Administrative Hearings Information from the Department of Motor Vehicles about challenging the officer's confiscation and suspension of your license. DMV FAQs The Department of Motor Vehicle's answers to frequently-asked questions about DUI license suspensions. Get a Copy of Your California DMV Record The Department of Motor Vehicles (California DMV) keeps your driving record for about ten years. You can obtain a copy of your California driving record by following the instructions on this site. Procedural Overview For California Drunk Driving Cases: The DMV procedure (explained above) and the court procedure are two separate and distinct procedures. The court process consists basically of three hearings : The Arraignment This is your first court hearing. You'll be given the opportunity to plead "guilty" or "not guilty". It is raraly advisable to plead guilty at this stage of the proceedings. The second hearing - the "pretrial conference" is the time for you to negotiate the disposition of your case if a disposition is going to be possible. The Pre-Trial Conference This is a conference set usually 2 to 3 weeks after the arraignment to allow you and/or your attorney to negotiate a settlement of the case with the district attorney. If a negotiated disposition can be reached at this stage of the proceedings, you'll enter a plea or the matter will be dismissed. If there is no disposition, you'll be given a trial date. The Trial If no disposition of your case is reached at the Pre-Trial conference stage, your case will be set for jury trial. DUI trials typically take between 2 and 3 days. - Gene Kinsey Attorney Fees: $250 per hour against a $2,500 minimum fee to be paid in advance The Firm For Clients For Lawyers Free Stuff Law Library Legal Links Lawyer Jokes Home
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DUI Lawyers | Insurance DUI Help - DUI Lawyers and DWI Attorneys 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 Google Search Results DUI Lawyers and DWI Attorneys It's not always clear what kind of help you need when you're arrested for driving under the influence. There are many factors to consider, with many potential consequences (losing your license, going to jail, work details, length of program requirements, fines and more). Sometimes it's smart to consult with someone who knows the courts, the laws and your rights. Consultations are usually free and only require a phone call. If you think you may need assistance in your case, contact help in one of these states. Specific lawyer information for each state... Alabama Indiana Nebraska South Carolina Alaska Iowa Nevada South Dakota Arizona Kansas New Hampshire Tennessee Arkansas Kentucky New Jersey Texas California Louisiana New Mexico Utah Colorado Maine New York Vermont Connecticut Maryland North Carolina Virginia Delaware Massachusetts North Dakota Washington Florida Michigan Ohio Washington DC Georgia Minnesota Oklahoma West Virginia Hawaii Mississippi Oregon Wisconsin Idaho Missouri Pennsylvania Wyoming Illinois Montana Rhode Island Home > DUI Lawyers and DWI Attorneys 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
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Drunk Driving LawsOhio DUI Laws,Criminal Laws Ohio 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: Your Banner Here Case Briefs www.casebriefs.net D atabase F or C anadian C riminal L aw | Summariesof DUI Law DWI Law Ohio | Law | FirstAppearance | Practice Descriptions | Local Data | Courthouses | Licenses Maguire and Schneider, LLP , OH DUI Law, DWI Laws Please visit our website for a breakdown of the law regarding OVI. KOFFEL & JUMP , OH DUI Law, DWI Laws Current Ohio DUI penalties can be found under the Penalties chart on our website. - , OH DUI Law, DWI Laws Ohio's DUI law has become one of the toughest in the nation. Beside the possible incarceration and financial burdens involved, the new automatic license suspension provisions can have a devastating effect on your right to drive for an extensive period of time. In addition to the new license suspension provisions, recent amendments to the law exact greatly enhanced and mandated jail sentences for offenders including the possibility of a felony record. James R. Schimanski Attorney at Law , OH DUI Law, DWI Laws - 2733 | 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.
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DUI / DWI, Drinking 
