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DWI Minnesota MN - Drunk Driving Defense Arrest Guide sitemap RSSFeeds DUI-HELPMenu LawyerDirectory FreeConsultation Bookstore Mission Editorial SelfEvaluation FAQ/ Info Callan Attorney Science Surveys Search More... 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You can purchase Drunk Driving Defense related books here on this site.Click Books for more information. DWI Law Minnesota Takethis Computerized Quiz Legal QuestionsAnswered Stateof Minnesota Map Info SelfEvaluation QUIZ Find AnAttorney HERE !! DUI BLOG - DWI BLOG - OWI BLOG - OUIL BLOG What was yourblood alcohol level? Important Note: There is no blood alcohol calculator that is 100% accurate because ofthe number of factors that come into play regarding the consumption andreduction (burnoff) rates of different people. Factors include the sex(male/female)of the drinker, differing metabolism rates, various health issues andthe combination of medications that might be taken, drinking frequency,amount of food in the stomach and small intestine and when it waseaten, elapsed time, and others. The best that can be done is a roughestimation of the BAC level based on known inputs. See More ... Whatdoes it mean to beabove the legal limit fordrinking? The“legal limit for drinking” is the alcohol levelabove which an individual is subject to legal penalties (e.g., loss ofa driver's license). Typically, this alcohol level is measured in bloodor breath, using either a blood alcohol test or a breathalyzer,respectively. Legal limits are defined by a government entity (e.g.,state legislature or regulatory agency), and are specific to thesituation that a person is in (e.g., driving a car) as well as thecharacteristics of the person themselves (e.g., their age). Forexample, in most states, the current legal limit for operating a motorvehicle is 0.08%, or 80 mg/dL among drivers who are age 21 years orolder. However, there is zero tolerance for drivers who are underage 21 years, meaning that they are not allowed to operate a motorvehicle with any alcohol in their system. In contrast, thelegal limit is 0.04% or 40 mg/dL for commercial truck drivers.Different legal limits also apply to airline pilots, bus drivers, andto persons operating recreational watercraft. However, it is importantto recognize that the legal limit does not define a level belowwhich it is safe to operate a vehicle or engage in some otheractivity rather, the legal limit is intended to define a level at orabove which an individual is subject to legal action under a specificset of circumstances. Therefore, decisions about the appropriate levelof alcohol consumption in a particular situation should begin with acareful assessment of whether it’s appropriate to be drinking atall. See More ... FAARegulations forPilots Under14 CFR 61.15, all pilots arerequired to submit a notification letter to AMC-700, within 60 calendardays ofthe effective date of an alcohol-related conviction or administrativeaction.For purposes of 14 CFR 61.15(c), alcohol-related convictions oradministrativeactions are referred to as motor vehicle actions (MVA). An administrative action consistsof a suspension, cancellation, or revocation of a driver license.Examples ofadministrative actions include a suspension, cancellation, orrevocation of adriver license for driving with an excessive blood alcohol level orrefusal tosubmit to a chemical or blood test. Airmen should be aware that thenature andduration of administrative actions varies among the states. Forinstance, somestates, such as North Carolina, provide for a 10-day civil revocationforrefusing to test. Other states may impose a lengthy suspension (e.g. 90- 180days) for a similar violation. See More ... What is the Mission of the ImpairedDriving Division? Themission of the Impaired Driving Division is to develop partnershipsto cooperatively save lives, prevent injuries, and reducetraffic-related health care and economic costs resulting from impaireddriving (alcohol and other drugs). See More ... ==================================================================== Before someonequestions any attorney listed at any site, understand ... If one does a couple of things at this site, they'll bewell informed. UnderlinedText is a DUI-Help.com Link for more information . 1. Takethe SelfEvaluation DUI DWI Defense Quiz ; 2. Submitto the ConfidentialFree Consultation Questionnaire ,and; 3.Interview with at least three DUI DWI Defense DirectoryLawyers before you miss deadlines. 4. Email them all you want! Listen: Even the nicestpeople can find themselves in a DUI situation. The serious consequencesdo not discriminate among any type of individual background. This is atime when you need to have forthright guidance and receive aggressiverepresentation. We are most aware of this and provide as much help andsupport as soon as possible after arrest. Our site is very easy to use. Besides all theinformation ( left frame )available for you to peruse, you may also contact the DUI DWI defenseexperts immediately here. Unlike other lawyer directories, allthe information you would need is included in this site. Simply post an email oruse the CallBack system tophone one of our DWI experts in your state or province .Please take a moment to review the information in addition toresearching a DUI expert attorney. Even with an attorney it is stillvitally important that you familiarize yourself with the issues in yourcase before you shop for an attorney. =================== Everyone is entitled to thepresumption of innocence. Without this guarantee, our system is a totalmockery of justice. You are entitled to compassionate and truthfulguidance through the obstacles you face and the possibilities ofovercoming them. You need an attorney who will fight for your rightsand provide you with the emotional support you need. You can count onthis type of legal representation should you choose to accept one of us. What should you get out of your attorney clientrelationship with one of the experts? Hopefully, you keep a legitimatedriver's license and stay out of jail - i.e. you'll not be convicted ofa drunk driving related charge. We give you the legal help you needright now. Take advantage of our no obligation consultations and emailquestionnaires. Use DUI-Help.com for free consultation(s) and review ofyour DUI / DWI / OUI / OWI arrest or lawsuit. Find OutMore - Many More Links in the Left Frame ~ NewAttorney Listings - Begin Here Alllawyers, attorneys andlaw firms listed are responsible for their advertising. 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Alexa Report DRUNK DRIVING DUI DWI ARRESTS IN ALLCOUNTIES AND CITIES OF MINNESOTA Afton Albert Lea Albertville Alexandria Andover Annandale Anoka Apple Valley Appleton Arden Hills Austin Baxter Bayport Becker Belle Plaine Bemidji Benson Big Lake Blaine Bloomington Blue Earth Brainerd Breckenridge Brooklyn Center Brooklyn Park Buffalo Burnsville Byron Caledonia Cambridge Cannon Falls Centerville Champlin Chanhassen Chaska Chisago Chisholm Circle Pines Cloquet Cokato Cold Spring Columbia Heights Coon Rapids Corcoran Cottage Grove Crookston Crystal Dayton Deephaven Delano Detroit Lakes Dilworth Duluth Eagan East Bethel East Grand Forks Eden Prairie Edina Elk River Ely Eveleth Fairmont Falcon Heights Faribault Farmington Fergus Falls Forest Lake Fridley Glencoe Glenwood Golden Valley Goodview Grand Rapids Granite Falls Grant Greenfield Ham Lake Hastings Hermantown Hibbing Hopkins Hugo Hutchinson Independence International Falls Inver Grove Heights Jackson Jordan Kasson La Crescent Lake Lake Elmo Lakeville Le Sueur Lindstrom Lino Lakes Litchfield Little Canada Little Falls Long Prairie Luverne Mahtomedi Mankato Maple Grove Maplewood Marshall Medina Melrose Mendota Heights Milaca Minneapolis Minnetonka Minnetrista Montevideo Montgomery Monticello Moorhead Mora Morris Mound Mounds View Mountain Iron New Brighton New Hope New Prague New Ulm Newport North Branch North Mankato North Oaks North St. Paul Northfield Norwood YoungAmerica Oak Grove Oak Park Heights Oakdale Olivia Orono Otsego Owatonna Park Rapids Perham Pine Pipestone Plainview Plymouth Princeton Prior Lake Proctor Ramsey Red Wing Redwood Falls Richfield Robbinsdale Rochester Rockford Rogers Roseau Rosemount Roseville Sartell Sauk Centre Sauk Rapids Savage Shakopee Shoreview Shorewood Sleepy Eye South St. Paul Spring Lake Park Spring Valley St. Anthony St. Charles St. Cloud St. Francis St. James St. Joseph St. Louis Park St. Michael St. Paul St. Paul Park St. Peter Staples Stewartville Stillwater Thief River Falls Two Harbors Vadnais Heights Victoria Virginia Wabasha Waconia Wadena Waite Park Waseca Watertown Wayzata West St. Paul White Bear Lake Willmar Windom Winona Woodbury Worthington Wyoming Zimmerman Zumbrota at the National Safety Council Drug ImpairedDriving How Good Drivers Get Killed , a special report fromReader's Digest Get Your Own Breathalyzer! _ Just One Night toorder video We hope you never get arrested for drinkingand driving. Read on ... OurAmazonBookstore will let you find thebest defense for your case if you don't have an attorney, buy theirbooks! BOOKSTORE Translatethis Site! Chinese French German Italian Korean Japanese Portuguese Spanish and others just cut & paste www.DUI-Help.com DUI-Help.combecomes 1st niche drunk driving defense website on the internet. Firsttooffer free consultations by email, call back, or CGI form. DUI-Help.comout performs LegalMatch, Findlaw, LawInfo and all others in drunkdriving defenseassistance to the public. HAVE LAWYER CALL YOU A.C.L.U.Police Bust Card available Policeabuse is a serious national problem -- and one that especially affectsyoung people and people of color. While many police officers do striveto be courteous, and while we all understand the stress and dangerinvolved in policing, each of us has the right to be treated withrespect -- and without abuse -- by the police ... FULL ACLUPAGE - Download Card IsYour Mugshot on the Web ? 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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

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DWI DWI's In North Carolina, it is illegal to drive a motor vehicle after having consumed enough alcohol that you have an alcohol concentration of .08 or higher or while you are under the influence of an impairing substance (i.e. drugs - whether legal or illegal). This alcohol concentration can be determined by breathalyzer test or a blood test, depending on the circumstances. Most arrests for driving while intoxicated (DWI) result in a conviction. A conviction for a DWI is a misdemeanor and will result in a criminal record as well as an enormous increase in automobile insurance. If arrested, you are strongly encouraged to seek the advice and representation of an attorney. To be convicted, the prosecutor must prove the following things to the judge: (A jury does not become involved unless there is an appeal.) You were driving. You were driving a vehicle as defined in the statutes. You were driving on a highway or public vehicular area. The officer had a reason (probable cause) to stop the motor vehicle you were driving. There is evidence that you were appreciably impaired either by alcohol or drugs at the time of the arrest. http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-138.1.html 3-24-05 IMMEDIATE REVOCATION OF DRIVERS LICENSE AFTER BEING CHARGED WITH DWI After being charged with a DWI, your driver's license is immediately revoked for 30 days. After 10 days, you may be eligible for a limited driving privilege. The following conditions must apply to you to be eligible for this privilege: (1) at the time of the offense, you held either a valid driver's license or a license that has been expired for less than one year; (2) you do not have an unresolved pending charge involving impaired driving except the charge for which your license is revoked or additional convictions of an offense involving impaired driving since being charged with this violation; (3) the license has been revoked for at least 10 days if the revocation is for 30 days or 30 days if the revocation is for 45 days; an (4) you have obtained the necessary substance abuse assessment by a court approved registered facility. There are different criteria for a pre-trial limited driving privilege if the driver's license was revoked indefinitely. http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-16.5.html 3-24-05 If these conditions apply to you, you must wait at least 10 days before requesting a limited driving privilege while you are waiting for your court date. You must have completed a Substance Abuse Assessment prior to applying for the limited driving privilege. Assessment fees are set by law at $50.00. You can get your assessment through Wake County Human Services (250-1122) or another similar court approved agency. When you go to court for your limited driving privilege, you must bring with you a Petition for Limited Driving Privilege (Form AOC-CVR-9), a copy of your Substance Abuse Assessment performed by a court approved program, a Certified copy of a seven-year Driving History (cost $7.00), a valid DL-123 insurance form from your insurance agent (good for only 30 days; the court will accept a faxed copy) and three copies of a fully completed, typed, proposed Limited Driving Privilege. In Wake County, these documents must be filed with the Civil Clerk of court first at a fee of $70.00. You would then appear in front of a Wake County District Judge at the appointed time on Tuesday, Wednesday, or Thursday. There is normally a one day delay between the date you file the paperwork and the date you have the hearing. Please see our office for the appropriate forms and procedure to obtain a limited driving privilege. To be convicted of a DWI, the prosecution must show that the officer had probable cause to stop you, probable cause to arrest you and must prove beyond a reasonable doubt that you were appreciably impaired. Below is an explanation of what the prosecutor must prove. PROBABLE CAUSE TO STOP The reason or probable cause that the officer had to stop you is a matter within the police officer's professional judgment. The officer could give almost any reason whatsoever for stopping you, such as speeding, crossing the yellow line, swerving, excessively slow driving, expired inspection or registration, etc. The officer's testimony that one of these reasons existed, based on his professional judgment and years of experience is usually enough for the judge to find that the police officer had probable cause to stop you. http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-16.3A.html 3-24-05 PROBABLE CAUSE TO ARREST http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-139.1.html 3-24-05 FIELD SOBRIETY After the police officer stops you, he must also have reason to suspect that you were driving after drinking or under the influence of an impairing substance to arrest you for DWI. To prove this, the officer will indicate in court his observations about your physical appearance and disposition such as slurred speech, red and glassy eyes, the odor of alcohol on your breath or that you appeared incoherent. The officer may also use at this point what is called field sobriety test. Field sobriety tests can include reciting the alphabet forward or backwards, the pencil to eye test, the hand to nose test, walking the yellow line forward and backwards, and any other number of other coordination type of tests that the officer may think will help to determine whether you have been drinking or under the influence of drugs. ALCO-SENSOR Another type of test that the officer may use to help determine whether you have been drinking or under the influence of drugs while driving is an alco-sensor. This is what some people call the mini breathalyzer. It is a miniature hand held machine that the officers carry in their vehicle to give them a rough blood alcohol concentration reading. If, after blowing into this machine, the reading is high enough, the officer may use this result in finding probable cause to arrest you. The officer cannot, however, use this result in substitution of doing the formal Breathalyzer test downtown. http://www.ncga.state.nc.us/Statutes/GeneralStatutes/HTML/BySection/Chapter_20/GS_20-16.3.html IMPAIRMENT Finally, to convict you of a DWI, the prosecutor must prove to the court beyond a reasonable doubt that you were appreciably impaired. Evidence of impairment includes your breathalyzer reading of a .08 or above and the results of the police officer's observations of you as well as the results of the field sobriety tests. In addition, the fact that you were in an accident, your car is in a ditch, etc., can also be used against you. If you were injured in an accident and are unable to do a breathalyzer test the police officer can request the hospital do a blood test to determine your blood alcohol content. If you refuse to allow a breathalyzer test or a blood test, then your driver's licenses will be administratively revoked for 1 year, no matter the result at the trial concerning your DWI. You can be convicted of a DWI without a breathalyzer or blood test as long as the police officer has enough evidence from his physical observations and field sobriety tests. Failure or refusal to take the Breathalyzer or blood test can be used against you at trial. BREATHALYZER REFUSAL There is an automatic revocation of driving privileges for a period of one year for a refusal to submit to the Breathalyzer when stopped for suspicion of a DWI. The person may be entitled to a hearing for a limited driving privilege six months into the revocation. The person must have had a valid driver's license or it had been expired for less than one year at the time of the charge. There can be no previous refusal or conviction of a DWI within the past seven years, no unresolved DMV issues pending, no pending DWI's and no convictions since the original charge, and no accident that resulted from death or critical injury to person. The underlying charge, which resulted in the refusal, must have been finally disposed of with no conviction or a conviction under the statute that allows a limited driving privilege, and person has done an alcohol assessment as required by law. http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-16.2.html 3-24-05 PUNISHMENT FOR A DWI CONVICTION Once you have been convicted of a DWI, there are five levels of punishment. Level one is the most serious level. This level is for people who have had one or more convictions in the past seven years, or who are driving with a license that has been revoked due to a prior DWI, or who are driving with a child less than 16 in the car, or who have caused serious personal injury to another because of their driving while impaired. Level five is the least serious punishment that you can receive and usually is given to first time offenders. This level is for a person who has no prior convictions for a DWI and has no aggravating factors with this DWI. Aggravating factors are especially negative factors. Some aggravating factors include a very high breathalyzer reading of .16 or more, especially reckless driving, a bad traffic record that consists of at least two tickets in the past 5 years that resulted in 3 points or more on your DMV record, alluding arrest, property damage, speeding in excess of 30 mph or being uncooperative with the police officer, etc. When you blow .16 or higher on the Breathalyzer, then you will be required to have a ignition interlock system installed in your vehicle at a cost of several hundred dollars and a monthly monitoring fee. http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-17.8.html 3-24-05 Mitigating factors are positive factors, which can be used to help balance out the negative factors. Mitigating factors can be slight impairment with an alcohol concentration not exceeding .09, driving safely at the time of the stop, a good driving record in the past 5 years, or voluntarily doing an alcohol assessment program at an approved facility before you go to court. http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-179.html 3-24-05 Generally speaking, if there was no accident at the time of the arrest, you have no prior convictions for DWI, you were cooperative with the police officer, and the breathalyzer reading was between a .08 and about a .12, you are probably going to be found guilty of a level five. COSTS, FINES, and COMMUNITY SERVICE REQUIREMENTS Costs include $100.00 for court costs, a fine up to $200.00 for a Level Five offender, a $50.00 alcohol assessment fee, a $50.00 license restoration fee and a community service fee of $200.00. In addition to these immediate costs, you will have attorney' fees and an increase of up to 450% on your insurance. For a Level Five offender, you have to do 24 hours of community service (within 30 days). Finally, you have to do an alcohol assessment program through an approved facility if you have not already done so before court. http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-179.4.html 3-24-05 LICENSE REVOCATION FOLLOWING CONVICTION OF DWI After going through the court process, paying fines and complying with all the other terms and conditions that the judge will impose on you, the next problem you have to face will be with the Department of Motor Vehicles (DMV). The DMV will revoke your license for a one-year period after you have been convicted of a DWI for a level Five. If you have not had any prior convictions, at the time you are in court before the judge, you or your attorney can request a limited driving privilege, if you meet the criteria. A limited driving privilege allows you to drive for the purposes of work, community service, court-ordered treatment and school in a limited specific geographic area during limited specific hours. A limited driving privilege will usually allow you to drive essentially from 6:00 am until 8:00 pm Monday through Friday within the conditions stated above. If you need to drive outside of these standard hours or on weekends, you would need special permission from the judge. Reasons for this variation might include your job or your family. http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-17.html 3-24-05 http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-17.2.html 3-24-05 http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-179.3.html 3-24-05 If you have had a DWI conviction in the past seven years you are not eligible for limited driving privilege. A limited driving privilege is considered to be exactly that, a privilege. If you are caught driving outside of your hours, geographic region, assigned purpose or if you are driving with any amount of alcohol in your blood whatsoever, even as little as a .01 or .02, you can lose your limited driving privilege. The police officer only has to suspect you have been drinking. The level of proof is appreciably less than what was required for a conviction of a DWI. If you lose that privilege, you are not allowed to drive at all during the year that your license is revoked and you will be charged with driving while license is revoked. INSURANCE INCREASE Finally, the other consequence of your DWI conviction is the fact that your insurance will go up approximately 450% as a result of this conviction. This new insurance rate will remain in effect for the next three years following the conviction for the DWI. While you should shop around with other insurance companies to determine if you are going to get a better rate, you can expect to pay about 4 times what you had been paying for insurance. HIRING AN ATTORNEY Because of the serious nature of a DWI arrest and the potential for jail terms, loss of license, heavy fines, and a criminal record, it is advisable to be represented by an attorney during the court proceedings. You always have the right to hire your own attorney. The attorney's fee will vary according to the attorney and the seriousness of the offense. The advantage to hiring your own attorney is you get to choose who that attorney will be. You also have the option to request a court appointed attorney. To qualify for a court appointed attorney, you must complete an Affidavit of Indigency, showing your income and your expenses. If after completing this form, the judge decides that you cannot afford an attorney, he can appoint one from a list of attorneys that do court appointed work. You have no voice in who the judge will appoint to represent you. Some counties have a Public Defenders Office who will be appointed to represent you if you so request and qualify for that service. If you use the services of the court appointed attorney or a Public Defender and you plead guilty or are found guilty, the judge will order you to reimburse the State of North Carolina for using a court appointed attorney. The amount that you have to pay varies according to how many hours your attorney worked on your case. Generally speaking, the judge will order you to pay $100.00 - $250.00. This amount is normally less than what you would have to pay for a private attorney. Due to the seriousness of the offense, the NC general Statutes make it extremely difficult to plea bargin a DWI to a lesser offense or to just dismiss the charges outright. You will need an attorney to assist you in dealing with the legal proceeding. http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-138.4.html 3-24-05 SPECIAL PROVISION FOR DRIVERS UNDER 21 It is illegal in North Carolina, for a driver under the age of 21 to drive while consuming alcohol or with any level of alcohol in their system. Even if the driver blows much less than .08, such as .01 or .02, the driver can be charged with a violation of this law. This law is punished the same as a DWI. Thus, the driver would be subject to a license revocation, insurance increase, and the same levels of punishment as discussed above. http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-138.3.html 3-24-05 http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-13.2.html 3-24-05 http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-17.6.html 3-24-05 This is general information about DWI and is not intended to be a substitute for legal advice as it relates to your particular situation. Consult with our office to discuss how your particular facts relate to the law. Please make an appointment to see an attorney at University Student Legal Services (515-7091) to discuss these laws as they apply to your particular circumstances.

Illinois DUI Illinois Car

Illinois 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 Illinois Topics Illinois DUI Illinois Car Insurance Illinois DUI Lawyers Illinois DUI Library Google Search Results Illinois DUI Information What Happens to First Offenders in the State of Illinois? Illinois First Offender DUI, at its least severe, is a Class A misdemeanor punishable by up to $2500 in fines, and up to 364 days in jail. If someone suffers great bodily harm as a result of the drunken driving, Illinois will raise the charge to a felony. The first DUI conviction can result in the loss of your license for a minimum of one year. You could also be required to attend Victim Impact Programs, be evaluated and complete any alcohol counseling required, perform community service, or any other requirements made by a Judge. STATUTORY SUMMARY SUSPENSION LAW: If you are arrested and found to have a blood alcohol content BAC of .08 percent or more and/or any impairing drug in your system while operating a motor vehicle, your driving license will be automatically suspended for three months. At the time of arrest, the officer will take your license, and if it is valid, will provide you with a temporary receipt allowing you to drive for 45 days. Your suspension begins on the 46th day from the arrest date and will not be terminated until you pay the reinstatement fee and your record is updated. DUI in general is punishable by up to 364 days in jail, and up to $2500 in fines. First offenders are eligible for supervision (not a conviction), the legal breath limit is 0.08 for alcohol, and any amount of intoxicating drug or compound in blood. A conviction results in automatic revocation (permanent deprivation) of driving priviliges in Illinois. You may challenge a suspension at a judicial hearing: To contest a summary suspension, a petition must be filed in the circuit court of venue within 90 days of receiving your notice of summary suspension. The burden of proof at a summary suspension hearing rests upon you. A hearing must be held within 30 days of the date the petition is filed, or on the first appearance date if a traffic ticket is issued for filing of the DUI charge. A person under age 21 found guilty of DUI may be ordered by a judge, as a condition of probation or discharge, to participate in the Youthful Intoxicated Driver's Visitation Program. In this case, you will undergo a comprehensive counseling session prior to visitation to determine if the program is appropriate. If approved, you may be sent on a supervised visit to a location where the results of alcoholism or DUI crashes can be viewed. If you were suspended prior to age 18, you will be required to successfully complete a driver remedial education course to make your driving privileges valid again. In addition, you may be required to submit to a complete driver’s license examination to be re-issued a driver’s license. Yes, you can one be arrested for a DUI even if you are not driving. You need only to be in "actual physical control" of a motor vehicle. For example, you could be sitting behind the wheel in park, with the engine off and the radio on, and be considered in "physical control" even though not driving. During 2001, 91 percent of drivers arrested for DUI who either failed or refused chemical testing lost their driving privileges; 82 percent of those were first offenders. Sixty-two percent of the summary suspension were for failed chemical tests, while 38 percent were for refusals. The Secretary of State's office also recorded 251 suspensions for Illinois drivers who refused chemical tests in other states. (If an Illinois driver refuses to submit to chemical testing in another state, his/her Illinois driving privileges will be suspended.) **The term "first offender” is somewhat misleading. Technically, those with a prior DUI conviction, court supervision, or reduction to reckless driving more than five years before the date of current arrest are considered first offenders even though they are ineligible for court supervision on the criminal charge of DUI. Drivers Under 21 In Illinois, the minimum legal drinking age is 21 years. Licenses for drivers under 21 are issued with a red header and a blue photo background. Effective January 2003 under 21 licenses say "Under 21 Until" ... and "Under 18 Until" .... Under 21 licenses issued prior to January 2003 have a red header above the photo and the words "Under 21." If you are under age 21 and convicted of DUI: the Secretary of State’s office will revoke your driving privileges for a minimum of two years. A second DUI conviction will result in a license revocation for a minimum of five years or until you reach age 21, whichever is longer. A third DUI conviction, which is a Class 4 felony, will result in a minimum 10-year revocation. A fourth DUI conviction will result in a lifetime revocation. Your license also will be suspended for conviction of illegal transportation or possession of alcohol. the Secretary of State’s office may issue you a restricted license after one year, but under no conditions will an RDP be issued until the age of 16. This license may be used between the hours of 5 a.m. and 9 p.m. or as otherwise provided. It is valid for one year. Then, you would be evaluated again by the Secretary of State’s office. you may be fined up to $2,500 and given a jail sentence of up to one year. you may be directed to participate in a Youthful Intoxicated Driver’s Visitation Program. If you are under 21 and are arrested for any traffic violation and found to have a trace of alcohol in your system while operating a motor vehicle, your driving privileges will be suspended for three months. If you refuse to submit to testing, your driving privileges will be suspended for six months. If you are a second offender, your privileges will be suspended for 12 months if you fail or 24 months if you refuse to test. Your suspension begins on the 46th day from the notice date and will not be terminated until you pay the reinstatement fee and your record is updated. If you were suspended prior to age 18, you will be required to successfully complete a driver remedial education course to make your driving privileges valid again. In addition, you may be required to submit to a complete driver’s license examination to be re-issued a driver’s license. A traffic stop for Zero Tolerance can be upgraded to a DUI arrest depending on test results or a test refusal, at the discretion of the investigating officer. Any person under the age of 21 that is convicted of illegal consumption, attempting to purchase or possession of alcohol, or accepting an alcoholic beverage as a gift, will lose their driving privileges for one year. A person under age 21 found guilty of DUI may be ordered by a judge, as a condition of probation or discharge, to participate in the Youthful Intoxicated Driver's Visitation Program. In this case, you will undergo a comprehensive counseling session prior to visitation to determine if the program is appropriate. If approved, you may be sent on a supervised visit to a location where the results of alcoholism or DUI crashes can be viewed. If you were suspended prior to age 18, you will be required to successfully complete a driver remedial education course to make your driving privileges valid again. In addition, you may be required to submit to a complete driver’s license examination to be re-issued a driver’s license. Yes, you can one be arrested for a DUI even if you are not driving. You need only to be in "actual physical control" of a motor vehicle. For example, you could be sitting behind the wheel in park, with the engine off and the radio on, and be considered in "physical control" even though not driving. During 2001, 91 percent of drivers arrested for DUI who either failed or refused chemical testing lost their driving privileges; 82 percent of those were first offenders. Sixty-two percent of the summary suspension were for failed chemical tests, while 38 percent were for refusals. The Secretary of State's office also recorded 251 suspensions for Illinois drivers who refused chemical tests in other states. (If an Illinois driver refuses to submit to chemical testing in another state, his/her Illinois driving privileges will be suspended.) **The term "first offender” is somewhat misleading. Technically, those with a prior DUI conviction, court supervision, or reduction to reckless driving more than five years before the date of current arrest are considered first offenders even though they are ineligible for court supervision on the criminal charge of DUI. Home > State By State Help > Illinois 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

Drunk Driving Defense

Washington DUI / DWI and Drunk Driving Defense, WA DUI Attorney Geoffrey Burg. Home Your Rights FAQs Credentials Testimonials Costs Criminal Defense Directions Free Consultation. Call today. 206.467.2607 Toll Free. 888.252.8856 DUI/DWI Defense. Articles | BAC Calculator | DOL | Forms | Glossary | Laws | Links | Penalties Law Offices of Geoffrey Burg, LLC Pacific Building 720 3rd Ave., Suite 2015 Seattle, WA 98104 Phone: 206.467.2607 Fax: 206.467.3152 Email: geoff@glblaw.com Free Confidential Case Evaluation: Name: Daytime Phone: E-mail Address: Description of Charges: "I want to thank you for your help with my case. You were able to turn a possible life altering situation into just a great learning experience. I appreciate the time you spent on my case. Your sense of urgency and dedication to your work is priceless. I now know first hand why you were recommended to me. Thanks again for everything. Take care ." - Tracy Stopped for DUI? We would like to help you fight your Washington State DUI charges. Please call us so that we may do that. It is what we do – day in and day out, every day, every year. We have been doing it, collectively, for almost two decades. We are passionate about our work and will be doing it for years to come. We have helped hundreds of people who are in a similar situation as yours fight their charges. We have had great results, with many people having their Washington DUI cases dismissed, reduced to a lesser charge, or found not guilty after a trial. Washington State DUI Legislative Update. Click Here for the Latest Changes in WA State DUI Law... We understand after an arrest for a Washington State DUI, many people have feelings of despair, hopelessness, and even anger. We are here to tell you that there is hope that your charge will be successfully resolved and even more importantly, that you will make it through this period. Now you know that we represent people accused of Washington State DUIs. Here is how we do it. 1. Free Initial Consultation : We meet with you in our office, for free and for as long as it takes. We like to do this DUI consultation in person (not over the phone) because this is the best way to hear about your case and give you legal advice. There is simply no substitute for a face to face meeting. At that meeting we: • review the facts of what happened the night you were stopped for your Washington State DUI or DWI; • identify potential issues that may make it difficult for the government to prosecute you on your Washington State DUI; • describe the Washington State DUI law, as well as, the Washington State DUI procedure that you will be facing over the next few months; • outline different options you may have in your Washington DUI case; and, • provide you with a "game plan" in the form of a list of things to do to help you resolve your Washington DUI charges in the best possible manner. 2. Our Job: If you decide that one of us is a good fit to work with you on your Washington DUI (it is your choice who you work with and promise not to hard sell you, we only want to work with people who want to work with us) then we will we begin representing you in your Washington State DUI charges. We represent people all over the state on DUI Charges, but most often in King, Pierce and Snohomish Counties. Representation includes: • Attending all court hearings with you, including your Department of Licensing Hearing; • Answering all your phone calls, emails and questions within 1 day (usually immediately); • Investigating your case; • Advising you of your options for your Washington DUI charges and giving you our opinion of what you should do; • Reviewing the DUI arrest report with you; • Aggressively fighting your case – this means negotiating with the prosecutor, filing legal motions, representing you in court; and doing whatever it takes to get you the best deal possible for your DUI charge. (Please note, if you want fist pounding, shouting and screaming lawyers, we are not for you – that is not our style. We have found that we get the best results by being ourselves - civilized, honest and hardworking, not by grandstanding). • Being there to “hold your hand” throughout the entire DUI process – beginning to end, in court, in the office, and over the phone. 3. Commitment: We strive to be a firm of integrity. Here are our goals: • Honesty • Direct and no-nonsense • Hard-working • Organized • Professional • Excellent at what we do • Provide top-notch customer service • Respected by judges, prosecutors and other lawyers. Based upon feedback from our clients, it appears that we are living up to these goals and are committed to doing so in the future. 4. Who We Are: We both feel fortunate that other people have recognized us for being good at what we do. Here is some information about our backgrounds and accomplishments: Geoffrey Burg • “Super Lawyer” recipient by peers in Washington Law & Politics Magazine . • Speaker and chair of seminars regarding DUI defense. • Writer of numerous articles . • In July 2002, I discovered a problem with the breath-testing machine - the "caretakers" ( Washington State Patrol Breath Test Technicians ) of the machine were not following all the rules for calibrating it. I successfully litigated this issue and was able to suppress thousands of breath tests around the state. As reported on the front page of the Seattle Post-Intelligencer , and other periodicals around this State, this meant that for my clients, as well as other people who fell under the time period when the instrument was not being properly calibrated, if the breath test showed a reading above a .08 BAC, then it would be kept out of evidence and no judge or jury would ever learn of the result if the DUI went to trial. • Legislative Liaison for the Washington Association of Criminal Defense Lawyers. In this role I wrote, lobbied for and passed three laws that help people accused Washington State DUI. (Photo: Geoffrey Burg at the right, present for the signing of HB 1589.) • Graduate of Gerry Spence’s Trial Lawyers College. Mr. Spence is one of the best known trial attorneys in the world and he chooses 48 people a year to come live with him on his ranch in Wyoming for 21 days to train as a trial lawyer. I was fortunate enough to have been chosen to attend this program and completed it in 2001. Photo: Geoffrey Burg with Governor Gregoire. • Member of the only two Washington State DUI organizations that you must be voted into – the Washington Foundation for Criminal Justice and the Northwest Academy of DUI Defense. Combined, these two organizations have under 25 members of people considered of the highest caliber of representing those accused of Washington State DUIs. Most importantly, I have had great success in helping people accused of DUI. My rate of having people found not guilty at trial is higher than the state average. In addition, I pride myself (and gauge how well I am doing) by the number of thank you notes I receive from my clients. I feel proud in saying that I regularly receive these. Patricia Fulton • I devote my practice to defending clients accused of crimes, especially DUIs. I am very proud of the reputation as a thoughtful and articulate advocate I have earned while defending people accused of DUI in Washington. • Named a “Rising Star” by Washington Law and Politics Magazine. • Member, and past President of the Northwest Academy of DUI Defense – a Washington State DUI Defense organization with exclusive, by invitation only, membership. • Speaker/Presenter at DUI related seminars. • Author of articles regarding DUI Defense. • Membership of numerous criminal defense and trial organizations, including the Washington Association of Criminal Defense Lawyers. • Member of the King County Bar Association and member of the King County Bar Association’s Lawyer Referral Oversight Committee. • Admitted Washington State Bar and Federal District Court, Western Washington Division . Tammy LaLanne: As our paralegal, Tammy keeps us organized and on time. She is the person who greets you on the phone and helps with many of the details of your case. While we try and speak to you in person when you call, if we are in court, Tammy is the one that will make sure your questions are answered. • Graduated from Paralegal School • Working with attorney’s since 1989. We have designed this web site to try and answer every Washington DUI question that you may have. We did this because we know that knowledge is power and we wanted to give you back some of the power that you may feel you have lost from your arrest. We would like the opportunity to meet with you and discuss your Washington DUI related case. Please give us a call or email us so that we can begin to help you resolve your case. P.S. – this is the disclaimer that our insurance carriers probably want us to make: Disclaimer: The legal system is complicated and people often find it has as many twists and turns as a maze. This is certainly true with Washington State DUI work. It is for these reasons that the information contained in this site is not legal advice and does not substitute for speaking with us, or any other Washington State DUI attorney out there about the particulars of your Washington State DUI charge. Each Washington State DUI charge really is unique and really does require individualized attention through a face-to-face consultation. The pages in this web site contain a lot of information, but just reading it does not make one an experienced attorney. Washington DUI law is very complicated and heavily litigated and there is a lot more information out there than can be put on just one web site, or probably even learned in a lifetime for that matter. Please, only make decisions about your case based on the personal advice of a lawyer. GB & PF Call our office to schedule a free consultation: 206.467.2607 © 2005 Law Offices of Geoffrey Burg, LLC Home | Your Rights | FAQs | Credentials | Testimonials | Costs | Criminal Defense | Directions Law Offices of Geoffrey Burg, LLC Pacific Building 720 Third Avenue, Suite 2015 Seattle, WA 98104 Phone: 206.467.2607 Fax: 206.467.3152 Email: geoff@glblaw.com