Driving While Intoxicated Fact

ILLINOIS DUI DEFENSE CASES

40 Ways to Beat an Illinois DUI - Illinois Drunk Driving Law -DUI Attorneys Dupage DUI Charges Wheaton Illinois                            Name:       Email:       Tell us about your problem                                     Or click here for a   more comprehensive form   40 Ways to Beat an Illinois DUI Ramsell, Armamentos & Klis, LLC MEMBER, AMERICA'S TOP DUI & DWI DEFENSE ATTORNEYS TM     1-800-DIAL-DUI© ILLINOIS DUI DEFENSE CASES            ILLINOIS CRIMINAL DEFENSE CASES   Hyperlinking widget for 1-800-Dial-DUI and dialdui.com Ramsell, Armamentos & Klis, LLC has used each and every one of the below items to successfully defend clients against DUI charges over the past 19 years:   ILLEGAL STOP OF PERSON OR VEHICLE – a driver cannot be stopped unless the officer has a reasonable and articulate basis to believe that a traffic law or other law has been violated. Similarly, a person cannot be seized unless a violation has occurred. WEAVING INSIDE THE LANES IS NOT ILLEGAL – weaving without crossing any lines is not a violation of the law, and a vehicle cannot be stopped for that reason. ANONYMOUS REPORT OF DRUNK DRIVING -- a car cannot be stopped simply because an anonymous citizen reported that the driver was drunk. STANDARD FIELD SOBRIETY TESTING IS INACCURATE – in healthy individuals, the one-leg stand test is only 65% accurate, and the walk-and-turn test is only 68% accurate in determining if a person is under the influence. Those persons with injuries, medical conditions, 50 pounds or greater overweight, and 65 years or older cannot be validly judged by these tests. NON-STANDARDIZED FIELD TESTS ARE INVALID – neither the Federal Government (NHTSA) nor medical science considers touching your finger to your nose, or saying the alphabet, or counting backwards, as valid sobriety tests. BREATH TESTING IS INACCURATE – virtually all experts concede that one breath test alone is unreliable. The Illinois Supreme Court has remarked that breathalyzers are not foolproof. Finally, breath testing in Illinois is subject to various inaccuracies, including a +/- 12.5% variance, non-specificity for ethanol, etc. BOOKING ROOM VIDEOS – Many police stations videotape suspects at the police station, where their speech is clear and their balance is perfect, in spite of police testimony to the contrary. IN-SQUAD VIDEOS – more and more often, the suspect’s driving and performance on field tests is being recorded; often contradicting police testimony. FAILURE TO PROVIDE SPEEDY TRIAL – If a client is not provided with a trial within 120 to 160 days of demand, through delays of the court or prosecutor, the charges must be dismissed. POLICE BLOOD TEST INACCURATE – Many times, police blood testing fails to follow prescribed rules of testing, analysis, or preservation recommendations. HOSPITAL BLOOD TEST INACCURATE – Hospital blood tests overestimate a person’s true level by as much as 25% in healthy, uninjured individuals, and are not statistically reliable in severely injured persons. BREATH TEST OPERATOR UNLICENSED – An Illinois Breath Test Operator must possess a valid, unexpired operator’s license, or the breath test result is inadmissible. BREATHALYZER MACHINE MALFUNCTIONS – if there is a malfunction or repair of the breath test instrument within 62 days before or after a suspect’s breath test, the results of the suspect’s test are presumed invalid. BREATH TEST OPERATOR LICENSE EXPIRED -- An Illinois Breath Test Operator must possess an unexpired operator’s license, or the breath test result is inadmissible. Licenses expire automatically every 3 years. BREATH TEST DEVICE NOT APPROVED – A breath testing instrument must be listed on the Federal List of Approved Breath Evidential Instruments and the ISP approved list of Devices, or the results are inadmissible. FAILURE TO PROVE DRIVING – a defendant’s admission to driving, without more, does not prove a charge of driving under the influence. INDEPENDENT WITNESSES – often times, independent witnesses to accidents, bartenders, hospital personnel and others can provide crucial evidence of the defendant’s sobriety. FAILURE TO MIRANDIZE – prosecutors may not use as evidence the statements of a defendant in custody for a DUI when the police have failed to properly issue Miranda Warnings. FIELD SOBRIETY TEST IMPROPERLY ADMINISTERED – according to the National Highway and Traffic Safety Administration, improperly administered field tests are not valid evidence of intoxication. OFFICER’S PRIOR DISCIPLINARY RECORD – a police officer’s previous disciplinary record can be used to attack the officer’s credibility . PORTABLE BREATH TEST INADMISSIBLE – Illinois law prohibits the use of portable breath testing results as evidence at trial in a DUI case. PORTABLE BREATH TEST IMPROPERLY ADMINISTERED – The manufacturers of portable breath testing devices require a minimum of two tests to consider the results evidential in nature. FAILURE TO CONDUCT OBSERVATION PERIOD – Illinois requires that a driver be observed continuously for a minimum twenty minutes prior to a breath test in order for the results to be considered admissible and valid. EXPERT WITNESSES – Expert witnesses are available to review the validity of breath tests, blood tests and field sobriety tests. MEDICAL AND HEALTH PROBLEMS -- Medical problems with legs, arms, neck, back and eyes can affect the results of field sobriety tests. Further, other medical conditions can also affect the validity of breath test results. BAD WEATHER – Weather reports establishing high winds, low visibility, and other conditions are available to explain poor driving or poor balance. LACK OF PROBABLE CAUSE TO ARREST -- A police officer must have specific and articulable facts to support any arrest for DUI, or the suspension will be reversed and the evidence suppressed at trial. ILLEGAL SEARCH – the police are prohibited from searching a person or the automobile for a minor traffic offense, and may not search a car without a driver’s consent or probable cause. Any evidence illegally obtained is not admissible in court. PRIOR INCONSISTENT STATEMENTS BY POLICE OFFICERS – any statement made by a police officer, verbally, in police reports, or at previous court proceedings may be used to attack that officer’s credibility. POST-DRIVING ABSORPTION OF ALCOHOL – the prosecutor must prove the blood or breath alcohol at the time of driving . Recent consumption of alcohol just prior to driving will cause the test results to be higher than what the true level was when the person was operating the automobile. INTERFERING SUBSTANCES – many items contain forms of alcohol which may cause false results, such as asthma spray, cough drops, paints, fingernail polish. These items can cause the breath results to be invalid. BREATH MACHINE NOT PROPERLY OPERATED – the manufacturers of breath testing devices have specified protocols which must be followed for a breath result to be valid. Failure to follow these requirements will result in improper readings. FAILURES TO PRODUCE DISPATCH TAPES – most stops of vehicles are recorded on dispatch tapes, as well as recording police communications regarding an arrest of an individual. Failure to preserve such tapes upon request can cause all evidence which could have been recorded to be suppressed. MISLEADING STATEMENTS BY POLICE OFFICERS – Any misleading statement by the police regarding the consequences of taking (or refusing) a blood, breath, or urine test will cause the suspension to be reversed and removed from the driver’s record. STATUTES OF LIMITATIONS – A misdemeanor charge of DUI must be filed within 18 months of the date of offense, or the charges will be dismissed outright. PRIVATE PROPERTY – a person who has not driven the car on a public highway cannot be suspended for drunk driving. FAILURE TO DISCLOSE EXPERTS – the failure of the prosecutor to disclose the state’s expert(s) will cause those witnesses to be barred from testifying against the defendant. LACTATE RINGERS – when hospital staff use lactate ringers during the treatment of a patient, the hospital blood serum results will report falsely elevated, and therefore invalid, readings. FAILURE TO RECORD CERTIFICATION TESTS – the failure to include the value of the simulator solution used to test breath machines will cause the breath test results to be inadmissible in court against the driver. FORCED BLOOD DRAWS – the police may not take a blood test against the driver’s consent where there has not been an injury involved, or the result is inadmissible. About Our Firm    About Our Attorneys    40 Ways to Beat a DUI    Illinois DUI Law Resources    DUI Articles and Information    DUI Case Highlights Criminal Defense    Criminal Case Highlights    Letters from DUI Clients    Free Case Review    Office Location    Contact Us National Attorney Directory    Free Case Review    Blood Alcohol Calculator    Nationwide DUI Attorney Directory    Home    Site Map © 2004 Ramsell, Armamentos & Klis, Attorneys At Law, L.L.C.

Driving While Intoxicated Fact Sheet LeathersL Normal LeathersL 5 72 2000-07-11T13:54:00Z 2000-07-10T19:31:00Z 2000-07-11T13:54:00Z 2 567 3233 USAF 26 6 3970 9.2720 THIS INFORMATION IS NOT INTENDED TO PROVIDE LEGAL ASSISTANCE ANDSHOULD BE USED AS AN INFORMATIVE TOOL ONLY. LEGAL COUNSEL SHOULD BE SOUGHT FORANY QUESTIONS THAT YOU MAY HAVE. Driving While Intoxicated Fact Sheet This fact sheet is meant to inform you about the consequences of beingapprehended or arrested for driving while intoxicated (DWI) while assigned toGrand Forks Air Force Base. Operating a motor vehicle in North Dakota and on Grand Forks AFB means youautomatically give implied consent for testing of your blood, breath or urinefor the presence of alcohol or other drugs. (N.D.C.C. 39-20-01) (GFAFB Supp 1,2.3.1). If you refuse a BAT off-base, your license may be suspended for 1 to 3years, depending on prior offenses. (N.D.C.C. 39-20-04). Additionally, your refusal can be usedagainst you in a prosecution for driving while intoxicated. (N.D.C.C. 39-20-08)Refusal will not keep you from being taken to court. Refusing a BAT on-base will result in revocation of drivingprivileges on-base for up to1 year or more. (GFAFB Supp 1). Both on- and off-base, you are prohibited from driving or being in actualphysical control of a vehicle while intoxicated. Actual physical control isdefined as any exercise of dominion or control over a vehicle. A person sittingat the wheel of a motionless car may be deemed to be in actual physicalcontrol. This is particularly true if the keys are in the ignition, or the caris actually running. If you are found in actual physical control of a vehiclewhile intoxicated, you will be treated the same as if you were driving underboth North Dakota law and the UCMJ. If you are apprehended for driving, or for being in actual physical controlof a vehicle while impaired by alcohol or drugs on-base, you may be punishedfor violating Article 111 of the UCMJ. The maximum court-martial sentence forviolating this article is 6 months confinement, a Bad Conduct Discharge,reduction in grade, and forfeiture of pay and allowances. If you are arrested and convicted for driving, or for being in actualphysical control of a vehicle while under the influence of alcohol or drugsoff-base, you will be punished as follows: 1 st Offense: 91 days of suspension of license, aminimum of $250 fine, a mandatory alcohol evaluation. (N.D.C.C. 39-20-04.1,39-08-01) 2 nd Offense:(Within 5 years) 364 days of suspension of license, a minimum of $500 fine, 5days imprisonment or 30 days’ community service, and mandatory alcoholevaluation. 3 rd Offense(Within 5): 2 year suspension oflicense, a minimum of $1000 fine, 60 days imprisonment and alcoholevaluation. 4 th Offense(Within 7 years): 2 years suspension oflicense, a minimum of $1000 fine, 180 days imprisonment and alcoholevaluation. Refusal of BAT will have your license suspended 1 to 3 years dependingon prior offenses. For off-base DWIs, the Air Force may take further actionsuch as administrative discharge, administrative demotion, letter of reprimand,and promotion denial based on UIF and control roster entry. Any arrest by civilian authorities or apprehension by military authoritiesfor DWI will result in revocation of on-base driving privileges for up to1 yearor more. (GFAFB Supp 1, 2.7.4.1, 2.7.4.2). In North Dakota you may be convicted of DWI for a BAT level of .08 orgreater. You also may be convicted even if the authoritiesare otherwise unable to prove that you were under the influence of alcohol ordrugs via a BAT. You may be convictedupon evidence of a refusal of a BAT, orfailing the field sobriety test. A BATtest is not necessary under these provisions. Similarly, in the Air Force, youmay be found guilty of DWI without a BAT of .08, if it is otherwise shown thatyou were impaired. Return to Legal Assistance Page

Driving Under Influence

DRIVING UNDER THE INFLUENCE SERVICES PROGRAMS PRESS PUBLICATIONS DEPARTMENTS CONTACT Driving Under the Influence -- Driving Under the Influence is defined as operating a motor vehicle while impaired by alcohol, other drugs or intoxicating compounds. In Illinois, a driver is legally considered to be under the influence if he/she has a blood-alcohol concentration (BAC) of .08 percent or greater, has used any illegal substance, or is impaired by medication. A driver's BAC is based on the ratio of alcohol to blood or breath. However, an individual showing alcohol levels between .05 and .08 percent may be convicted of DUI if additional evidence determines that the driver was impaired. When the Illinois General Assembly passed legislation in 1997 to lower the illegal BAC limit to .08 percent from .10 percent, Illinois became the 15th state to impose such a change. The effect of alcohol on an individual is determined primarily by two factors: the amount of alcohol consumedand the rate at which it is absorbed by the body. Other contributing factors include gender, body weight, alcohol tolerance, mood, environment and the amount of food consumed. From the first drink, alcohol affects coordination and judgment. Even with a BAC well below .08 percent, a person's reaction time slows. The risk of being in a crash begins to increase between a BAC of .04 and .05 percent and increases rapidly thereafter. By the time a driver reaches a BAC of .06 percent, he/she is twice as likely to be involved in a fatal crash as a non-drinking driver. By the time a driver reaches a BAC of .08 percent, he/she is 11 times more likely to be killed in a single-vehicle crash than a non-drinking driver. The only way to rid the body of alcohol is time. Fresh air, coffee, a shower and food cannot help a person sober up. It takes about one hour for the body to metabolize one drink. Each of the following has a comparable amount of alcohol and counts as one drink: one 12-oz. mug of beer, one 5-oz. glass of wine or one 1.5-oz. shot of hard liquor. 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

drunk driving laws, FAQs

Google Directory - Society > Law > Legal Information > Drunk Driving Directory Help Search only in Drunk Driving Search the Web Drunk Driving Society > Law > Legal Information > Drunk Driving Go to Directory Home Categories Defense Lawyers (228) Related Categories: Health > Addictions > Substance Abuse > Alcoholism (1026) Society > Issues > Health > Alcohol > Drunk Driving (145) Society > Law > Services > Expert Witnesses (1418) Web Pages Viewing in Google PageRank order View in alphabetical order Century Council - National Hardcore Drunk Driver Project - http://www.dwidata.org/ Information and links for drunk driving law enforcement, prosecution, prevention and alcoholism treatment, sponsored by an organization of distillers. National Center for Injury Prevention and Control - Impaired Driving Studies. - http://www.cdc.gov/ncipc/factsheets/drving.htm Injury fact sheet on alcohol-related motor vehicle accidents. Transport Canada - Information on Drinking and Driving - http://www.tc.gc.ca/roadsafety/tp/tp1535/menu.htm Includes information from the Canadian government about national, provincial, and territorial laws concerning standards and penalties for driving impaired, as well as information about how the laws are applied. Intoximeter's Drink Wheel - http://www.intox.com/wheel/drinkwheel.asp Calculator to approximate blood-alcohol levels. Police Notebook - BAC Calculator - http://www.ou.edu/oupd/bac.htm Facts about alcohol consumption, a blood-alcohol chart and online calculator, provided by the Oklahoma University Police Department. National Highway Traffic Safety Administration - http://www.nhtsa.dot.gov/people/injury/alcohol/ Information and resources on drunk driving and its effects on society, as well as prosecution and adjudication of impaired driving offenses. Steven Oberman - DUI Network - http://www.duinetwork.com/ Tennessee drunk driving laws, FAQs and information. U.S. Federal Aviation Administration - http://asi.faa.gov/duidwi/index.html Rules, regulations, and programs, relating to drunk driving offenses by pilots. National Highway Traffic Safety Administration - Detecting Drunk Drivers - http://www.nhtsa.dot.gov/people/injury/alcohol/dwi/dwihtml/ Description of visual cues to drunk driving, from USDOT's DWI Detection Guide. Lawrence Taylor - Drunk Driving Law Center - http://www.duicenter.com/ Attorney site providing information for attorneys and the public on California's drunk driving laws, science, and police procedures. National College For DUI Defense, Inc. - http://www.ncdd.com/ Providing legal training and information for drunk driving defense attorneys and accused drunk drivers. Insurance Institute for Highway Safety - http://www.hwysafety.org/safety%5Ffacts/state_laws/dui.htm Overview of state drunk driving laws and penalties. Whats Driving You? - http://www.whatsdrivingyou.org/ Information about alcohol, drinking and driving, and ways to think about behaviors associated with drinking, with summaries of drunk driving and 'zero tolerance' laws by state, from Intervention Instruction, Inc. American Prosecutor's Research Institute - National Traffic Law Center - http://www.ndaa-apri.org/apri/programs/traffic/ntlc_home.html Drunk driving legal issues, prosecutorial and judicial resources, legal briefs and a newsletter. National Highway Traffic Safety Administration - Highway Safety Desk Book - http://www.nhtsa.dot.gov/people/injury/enforce/deskbk.html The officer's guide to DUI detection and investigation. Road Traffic Authority, NSW - Drug and Alcohol Offences - http://www.rta.nsw.gov.au/rulesregulations/penalties/serioustrafficoffences/newpenalties.html Information from the government of New South Wales, Australia, primarily about penalties for alcohol-related driving offences. Impaired Driving On Trial - http://www.iupui.edu/~iutox/Impaired_Driving/ Information about how driving behavior is affected by alcohol and drugs, as well as scientific and evidentiary issues relating to criminal prosecution, from the Indiana Department of Toxicology. Last revised, September 30, 2003. Land Transport Safety Authority - http://www.ltsa.govt.nz/road-user-safety/motorists/drink.html New Zealand statistics and penalties for drink driving. Thomas Anelli - NYSDWI.com - http://www.nysdwi.com Summary of New York's drunk driving laws, from an attorney. National Highway Traffic Safety Administration - On DWI Laws in Other Countries - http://www.nhtsa.dot.gov/people/injury/research/pub/DWIothercountries/dwiothercountries.html Comparison of laws in other countries with those in the United States. Includes data about illegal levels of blood alcohol content, sanctions for first and multiple offenses, rehabilitation and regranting of licenses, drivers licensing laws, enforcement practices, BAC testing rules, laws related to youth, and social attitudes. National Highway Traffic Safety Administration - Sobriety Checkpoints. - http://www.nhtsa.dot.gov/people/injury/alcohol/SobrietyCheck/caselaw.html State-by-state summary of laws and cases permitting or prohibiting DUI checkpoints and/or saturation patrols. Bose Law Firm - http://www.vatrafficlaw.com/ Information on Virginia drunk driving and traffic laws. Loring N. Spolter - FLDUI.com - http://www.fldui.com/ Information concerning laws and law enforcement, from a Florida attorney. Moore, Gunter & Barrett - http://www.dallas-dwi-lawyer.com/ Law firm site providing legal information on driving while intoxicated in Texas. Cowan, Smith & Kirk - http://dui.cowanlawfirm.com/ Information on Washington State drunk driving laws, penalties and procedures, from a law firm. Marbella-Lawyers.com - http://www.marbella-lawyers.com/DrunkDriving.shtml Guide to drunk driving laws in Spain. HowStuffWorks - How Breathalyzers Work - http://www.howstuffworks.com/breathalyzer.htm/printable Examination of the scientific principles and technology behind breath alcohol testing devices. Help build the largest human-edited directory on the web. Submit a Site - Open Directory Project - Become an Editor Modified by Google - ©2005 Google Advertise with Us - Jobs, Press, Cool Stuff...

Drunk Driving Laws

Louisiana DUI Laws,Criminal Laws Louisiana 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 Louisiana | Law | FirstAppearance | Practice Descriptions | Local Data | Courthouses | Licenses The Allison Law Firm, Inc. , LA DUI Law, DWI Laws Driving with BAC in excess of .1% creates conclusive presumption of intoxication. Refusal to take breathalyzer results in 6 months suspensioin of license. Delatte, Edwards & Marcantel , LA DUI Law, DWI Laws Louisiana DWI law is found under R.S.14:98. The legal limit for people over 21 years of age is .10g% until sept. 2003 then it drops to .08g%. under 21yrs. the limit is .02g% 1st and 2nd offense are misdemeanor but carry a maximum fine of $1000.00 and 6months in jail. 3rd and 4th offense are felonies and carry mandatory jail up to 30 years and fine up to $5000.00 dollars with possible forfieture of the automobile. Law Offices of Troy G. Broussard, J.D., APLC , LA DUI Law, DWI Laws The DWI Law in Louisiana in found in Revised Statutes 14:98, a copy of which can be found on my website. The first two DWI convictions within ten years are considered misdemeanors with a 6 month & $1000.00 max. penalty. Subsequent DWI within the same ten years are considered felonies ranging in penalties from 6 months to 30 years without benefit of parole, probation or suspension of sentence. 2096 | 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.