DWI Directory

ILLINOIS DUI PENALTIES 2004© -


OUIL

OUIL - Pit Area of Owendale Speedway Covered by Statute OUIL- PIT AREA OF OWENDALE SPEEDWAY COVERED BY STATUTE By JudgeStephen C. Cooper People v. Nickerson, 227 Mich App 434 (1998), 1/20/98 Return to District Court Review Menu Return to Calhoun County Courts Homepage Facts: The defendant was charged with operating a vehicle while under theinfluence of intoxicating liquor. The defendant filed a motion todismiss claiming the pit area of the Owendale Speedway is not covered bythe statute. The District Court granted the motion and the CircuitCourt affirmed. The Court of Appeals reversed. Ruling: The Court of Appeals noted that the statute states that a person, whileunder the influence, "shall not operate a vehicle upon a highway or otherplace open to the general public or generally accessible to motor vehicles,including an area designated for the parking of vehicles..." MCLA§257.625(1). The district and Circuit Court ruled that the pitarea was not a "place open to the general public" as there was age restrictionsand because there was an admission fee. The Court of Appeals ruledthat even if the pit are was not a "place open to the general public,"the pit area could be an area "generally accessible to motor vehicles." The Court noted that the legislature added "generally accessible to motorvehicles" in order to expand the coverage of the statute. The Courtthen stated that since vehicles are generally able to drive into the pitarea, the pit area was an area "generally accessible to motor vehicles"and therefore was covered by the statute. Top of Page Return to District Court Review Menu Return to Calhoun County Courts Homepage Last updated 4-27-99 Send your comments, questions and suggestions to Phil Harter at 161E Michigan Avenue, Battle Creek, Michigan 49014 or e mail to pharter@internet1.net



Illinois DUI Penalties BAC DUI Conviction Violations Attorneys Wheaton Dupage Kane Cook IL                            Name:       Email:       Tell us about your problem                                     Or click here for a   more comprehensive form Ramsell, Armamentos & Klis, LLC MEMBER, AMERICA'S TOP DUI & DWI DEFENSE ATTORNEYS TM    ILLINOIS DUI PENALTIES 2004© - OVER AGE 21 ONLY Ramsell, Armamentos & Klis, LLC MEMBER, AMERICA'S TOP DUI & DWI DEFENSE ATTORNEYS TM     Loss of driving privileges Eligible for hardship permit Type of disposition Jail Community service Fines SSS >.08 or drug 1 st offender (a) 3 months JDP on 31 st day of suspension N/A N/A N/A Reinstatement fee $250 SSS refusal 1 st offender 6 months JDP on 31 st day of suspension N/A N/A N/A Reinstatement fee $250 SSS >.08 or drug 2 nd offender 12 months Not eligible for either JDP or RDP N/A N/A N/A Reinstatement fee $500 SSS refusal 2 nd offender 36 months Not eligible for either JDP or RDP N/A N/A N/A Reinstatement fee $500 First offense of DUI- found or plead guilty None other than above if supervision None other than above if supervision Eligible court supervision for up to 2 years None if given court supervision; None required by statute $100 DUI tech fee and Up to $2500 First Conviction (b) Revocation of privileges for minimum 1 year Eligible for RDP subject to SSS see above Probation or C/D up to 2 years Possible county jail 0-12 months (c) None mandated (c) $200 DUI tech fee and Up to $2500 1st Conviction with BAC>.16 Revocation of privileges for minimum 1 year Eligible for RDP subject to SSS see above Probation or C/D up to 2 years Possible county jail 0-12 months 100 hours minimum $200 DUI tech + Minimum $500; up to $2500 1st Conviction with passenger under age 16 Revocation of privileges for minimum 1 year Eligible for RDP subject to SSS see above Probation or C/D up to 2 years Mand. jail 2 days-with poss. 12 months 100 hours minimum + 5 day program (d) $200 DUI tech + Min $1000; up to $2500 2nd Conviction Revocation of privileges for min 5 years Eligible for RDP after 1 year w/ BAIID in car Probation or C/D up to 2 years 0-12 months; if w/in 5 years mand. 5 days 5dayss 30 days (or 5 day jail) if w/in 5 year period $200 DUI tech fee+Up to $2500 2nd Conviction with BAC >.16 Revocation of privileges for min 5 years Eligible for RDP after 1 year w/ BAIID in car Probation or C/D up to 2 years 0-12 months; if w/in 5 years mand. 7 days 5dayss Possible in addition but not in lieu of jail $200 DUI tech fee+ Min $1250; up to $2500 2nd Conviction with passenger under 16 Revocation of privileges for min 5 years Eligible for RDP after 1 year w/ BAIID in car Probation or C/D up to 2 years 0-12 months; if w/in 5 years mand. 17 days w/in 5 years 30 days plus 10 days in prog (d) $200 DUI tech fee+ Min $1750; up to $2500 Conviction with 2 previous violation s (e) Revocation of privileges for min 10 years Eligible for RDP after 1 year w/ BAIID in car Class 4 felony; up to 30 months probation (G) Up to 180 days jail or 1-3 years penitentiary(f) Possible 30days if on probation $200 DUI tech fee+ Up to $25,000 (G) 3 rd Conviction with BAC>.16 Revocation of privileges for min 10 years Eligible for RDP after 1 year w/ BAIID in car Class 4 felony; up to 30 months probation (G) Mand. 90 days up to 180 jail or 1-3 years IDOC None mandated $200 DUI tech fee+ Min $2500; to $25,000 (G) 3 rd Conviction with passenger under 16 Revocation of privileges for min 10 years Eligible for RDP after 1 year w/ BAIID in car Class 4 felony; up to 30 months probation (G) Mand. 90 days up to 180 jail or 1-3 years IDOC None mandated $200 DUI tech fee+ Min $2500; to $25,000 (G) Conviction with 3 + prior violations(H) Lifetime revocation of full privileges Eligible for RDP after 1 year w/ BAIID in car Class 2 felony Not eligible for Probation (G) 3-7 years IDOC penitentiary None mandated $200 DUI tech fee+ Min $2500; to $25,000 (G) NOTE: All felony DUI and all DUI’s where driver is DWLS/DWLR due to prior DUI or SSS may have vehicle forfeited. (A) 1 st offender for SSS=no DUI suspensions, supervisions or convictions within last 5 years; (b) if 2 nd violation occurs during SSS or DUI revocation then can be a class 4 felony with minimum 30 days jail or 40 days periodic imprisonment or 720 hours of community service see above; if 3 rd violation during SSS or DUI revocation then can be a class 3 felony (2-5 years penitentiary); (C) if first conviction is within 5 years of DUI supervision = 5 days in jail or 30 days community service; (D) prog = program benefitting children; (E) violation also, applies if convicted of DUI resulting in accident causing great bodily harm, permanent disability or disfigurement to another, if penitentiary sentence minimum 2 years maximum 12;. (F) if within 5 years of previous violation minimum 10 days jail or 60 days community service. (G) All Felony DUIs - DNA Analysis and $200 DNA Fee Required P.A. 93-216 (eff. 1-01-04) (H) When BAC is .16 or more, or when driver is also suspended/revoked from a prior DUI/SSS   RAMSELL & ARMAMENTOS, 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   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 Under Influence

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



California DWI

DUI Help with Drunk Driving Laws, Alcohol Treatment, DWI Attorneys and Criminal Defense Lawyers 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 What's Hot New DWI Articles... Breath Test Penalties New DUI and DWI Laws for 2006 New MA OUI Law Poppy Seed Defense Works on DUI Charge Others Share Their DUI Experience... DUI Consequences Drunk Driving Education and Information National DUI.com A State by State Listing of DUI/DWI/OUIL Resources DUI Attorneys Lawyers Who Specialize in DUI/DWI/OUI Defense The DUI Library A Full Library of Information on DUI, Driving and Drugs Insurance Help Brokers Who Have the Best Rates for Each State Alcohol Issues Information on Issues Related to Use and Abuse of Alchohol and Drugs Videos Educational Videos for Schools and Programs Criminal Records Criminal Records, DMV, Employment Background Checks Breath Testers Breath Analyzers for Prevention and Calibration D.O.T./NHTSA Approved Prevent a DUI Arrest DUI Research Book for Lawyers How to Avoid a DUI Personal breath testers can save you and your friends the hassle and expense of a DUI arrest. Makes a great Christmas gift! More Information Drunk Driving Defense by Orange County DUI Attorney and Los Angeles DUI Defense Lawyer Lawrence Taylor. When you need a breath alcohol ignition interlock device (BAIID), there is no better choice than the Intoxalock . 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 > Penalties

Penalties for Driving Drunk  You are here: About > Health & Fitness > Alcoholism / Substance Abuse > Drunk Driving > Penalties for Driving Drunk Health & Fitness Alcoholism Essentials First Time Here? Drinking Problem? A Family Disease Frequently Asked Questions Issues for Women Topics Alcoholism 101 About Drug Abuse Effects of Alcohol Do I Have A Problem? How to Quit Find a Meeting 12 Step Recovery Domestic Abuse Support for Families College Drinking Issues Facts for Teens Drunk Driving Research and Statistics Treatment / Rehab Women and Alcohol Buyer's Guide Before You Buy Top Picks Recovery Classics Recovery Books Recovery Videos Product Reviews Forums Help FREE Newsletter Sign Up Now for the Alcoholism / Substance Abuse newsletter! See Online Courses   Search Alcoholism / Substance Abuse Stay up to date! Email to a friend Print this page Suggested Reading Alcohol and Trauma Alcohol-Related Impairment DUI - The Costs More Information The Dangers The Penalties The War Most Popular Alcoholism Screening Quiz Adult Child of Alcoholics Screening Quiz Symptoms of Alcohol Withdrawal Drug Abuse Screening Quiz Alcohol Screening Quiz What's Hot Sleep Problems in Recoverin... Long-Term Pot Effects? Cocaine May Play Role in De... Alcohol-Deterrent Drugs Different Kinds of Pot? Related Topics Attention Deficit Disorder Bipolar Disorder Depression Mental Health Resources Panic / Anxiety Disorders Penalties for Driving Drunk From Buddy T , Your Guide to Alcoholism / Substance Abuse . FREE Newsletter. Sign Up Now! Penalties For Drinking and Driving Get Stiffer Every day drivers are arrested for driving under the influence, or driving while intoxicated, as law enforcement agencies continue to crackdown on these dangerous offenders. For many of these drivers it will not be their first DUI offense. So, what fate awaits these drunk drivers? They may be surprised to find that penalties for DUI, even the first offense, have been increased since they last checked. Due to the efforts of groups like Mothers Against Drunk Drivers (MADD), some 1,600 new DUI laws have been passed nationwide since 1980. All states have adopted 21 as the legal drinking age. Two-thirds of the states have now passed Administrative License Revocation (ALR) laws, which allow the arresting officer to take the license of drivers who fail or refuse to take a breath test. Many states have now lowered the legal blood alcohol concentration (BAC) limit from .10 to .08 percent for adults, and more than a dozen states have passed Zero Tolerance laws which prohibit drivers under 21 from having any measurable amount of alcohol in their blood system. Moreover, the penalties have increased for drinking and driving, especially for repeat offenders. Many state legislatures have passed laws requiring mandatory jail time for repeat DUI convictions. The fines have gotten larger, the length of license suspension has gotten longer and getting a "hardship" license just to go back and forth to work is getting more difficult. Facing the Consequencies Although laws differ from state to state, here's a typical routine facing repeat offenders: Getting an attorney in hopes of getting a reduced sentence or pleading to a reduced charge is a waste of time and money in many states. The penalties that the judge must impose are mandated by state law. In some states even first offenders may be facing lengthy license suspensions and a weekend in jail. Many states have passed Habitual Violator laws, which provide felony penalties for three DUI convictions. These offenders lose many of their civil rights -- like being able to vote or own a weapon -- as well as their driver's license permanently or for many, many years. In order to get that license back, most states now require that offenders complete some form of DUI school, but it has become a lot more involved than just sitting in class several hours and passing a written test. Now the offender must first go through an assessment interview with a professional counselor before it is determined what steps must be completed before the driver's license is reinstated. Typically, the offender is given a set of questions that are designed to determine the extent of his "drinking problem." Assessment of Drinking Patterns In some states, the certified counselor now has the power to adjudicate the offender into Alcoholic Anonymous or a medical treatment or counseling program. The offender does not have to follow the guidelines outlined by the counselor, but it's the only way he will ever regain his driving privileges. The counselor, based on his assessment of the drunk driver, can mandate attendance at as few as three or four A.A. meetings or, for repeat offenders, 90 meetings in 90 days, or a 28-day residential treatment program, detoxification, or other medical treatment. All of this cost time and money or both -- on top of the fines and probation fees the offender must pay. But that is not the only cost involved. Many states also require additional insurance coverage before returning driving privileges to DUI offenders, and that can run into some serious money. Then there is the fee most states charge for re-issuing a driver's license. All totaled, a DUI conviction can be a very expensive[/link] deal indeed, especially a second or third offense. The costs can be even greater, for those who receive a DUI as the result of a traffic "accident." Drivers who were drinking at the time are finding that the courts are placing more of the liability for damages on them, regardless of the circumstances of the traffic incident. Holding Drivers Responsible The justice system is holding drunk drivers accountable for the damage they do to innocent victims -- families out for a final weekend of summer fun -- who are killed or injured on the highways because the other driver was drinking. The monetary liabilities for such incidents can run into the millions, not to mention the criminal penalties. In some areas, part of the DUI school curriculum puts offenders face to face with victims, who tell their painful stories of how a drunk driver changed their lives forever. Perhaps personalizing the pain that drinking and driving can cause will make the offender stop and think before getting behind the wheel. Simply stated, society is trying to get the point across that drinking and driving is no longer acceptable and will not be tolerated. Important disclaimer information about this About site.   Topic Index | Email to a Friend Our Story | Be a Guide | Advertising Info | Work at About | Site Map | Icons | Help User Agreement | Ethics Policy | Patent Info. | Privacy Policy | Kids' Privacy Policy ©2006 About, Inc., A part of The New York Times Company . All rights reserved. Around About Tips to Losing Weight Guide to Distance Learning How to Travel for Less PHOTOS: Italy PHOTOS: Hybrid Cars What's Hot Sleep Problems in Recoverin... Long-Term Pot Effects? Cocaine May Play Role in De... Alcohol-Deterrent Drugs Different Kinds of Pot?



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