DUI Laws and DUI

DUI Attorney Randy Moore

San Jose Attorney, Specializing in DUI Defense California Specialist National College For DUI Defense Harvard Law School Graduate DUI College California Specialist National College For DUI Defense Harvard Law School Certified DUI Instructor DUI Attorney Randy Moore Specialist Drunk Driving Law Constitutional Rights Attorney 24 Hour Hotline 1-800-609-1060 Deuce Defender Specialist San Jose DUI Attorney Specialty Drunk Driving. The man to call for experienced and successful representation. DUI Attorney Randy Moore helps people arrested for DUI and California Drivers License Suspensions cases over the last 20 years. A nationally recognized leader in DUI defense . Past President , member, and lecturer of California Deuce Defenders (California State DUI Defense Group) Contributing editor California Drunk Driving Law by Kuwatch . Graduate National College for DUI Defense at Harvard . Certified breath expert . California State Bar speaker on " Winning Defenses against license suspension . Conducted training of DUI Attorneys for National College for DUI Defense at Harvard. Expert DUI defense in California . including: San Jose , Santa Clara, Palo Alto, San Mateo, Sunnyvale, Gilroy, Santa Cruz, Fremont, Hayward, San Francisco, South San Francisco, Redwood City, Sacramento, Fresno, Modesto ,and Monterey. Available for all California Courts 1-800-609-1060 (408) 298-2000 "Call Mr. Moore today, He will work hard to protect your rights" Out of State Residents Retain my law firm by telephone Special attention Outside San Jose, Santa Clara, and Residents outside of the Bay Area Lawyer referrals Lawyer Referrals to Randy Moore California Statewide Representation Available California DUI Specialist Click to see a list of courts San Jose, Santa Clara, San Francisco Bay Area, Sunnyvale, Palo Alto, San Mateo, Santa Cruz, Fremont, Hayward, Redwood City, Sacramento, South San Francisco, Modesto ,and Monterey. All California Courts. Retain my law firm by telephone All California Courts San Jose, Santa Clara, San Francisco Bay Area, Northern California, Central California, and Southern California M any people have entered guilty pleas in DUI cases without realizing that they are giving up valuable legal rights , and that various legal defenses may be available to them. Few lawyers are equipped to discover these defenses and successfully defend against a drunk driving arrest and charge. No one can ever give any guarantee of success, but your selection of a lawyer is the most important decision you make to protect yourself. It can make all the difference. Mr. Moore is available for DUI and suspended drivers license defense inall California Courts. Click to see a list of courts which lists Courts where Mr. Moorerepresents persons charged with DUI, drunk driving, with a desirablegeographical proximity to his San Jose, Santa Clara County, office. However, ifyou want Mr. Moore "the King" of DUI" to represent you in JuryTrial, or provide you with a serious defense he is available for all Californiastate courts. In DUI defense, selection of your lawyer makes all thedifference. Finding a lawyer with a significant history of successfuldefense and committed to winning against a DUI arrest ,the"impossible" case, is chancy. Few Attorneys in the state havedemonstrated a record of success in DUI Jury Trial. However, manycriminal lawyers accept these cases anyway. Many even promote and marketthemselves as DUI Attorneys without a history of success. Admittedly, awinning history is no guarantee of success in the future or in your individualcase. But you may want to consider it when selecting your Attorney. You may wishto consider it as well in selecting your lawyer to defend against suspension ofyour drivers license in the Admin Per Se DMV administrative license suspensionhearings. Mr. Moore says: "compare and beware". It is your choice. DUI defense is a specialized area of criminal defense. The prosecutor must prove a DUI beyond and to the exclusion of every reasonable doubt. Blood and breath tests can be challenged. The breath machine might have been in error, and the results could be challenged. The circumstances of the arrest might also be subject to legal attack. See for yourself . Review some actual Examples of success and Winning cases in DUI & Drivers license suspension cases . Then make your choice. For free personal telephone call with DUI Attorney Randy Moore fill out the on-line interview form . click What are your choices? Most everyone knows that it is always unwise to face a Criminal charge without the help of the best lawyer you can find. You know that a drunk driving charge is serious to you. Can you afford to take chances with your life, your employment, or your future? Randy Moore DUI Defense Legal Links Do It Yourself "If you must." For those who want the best top quality defense and help and advice from an experienced professional. DUI help, law, and, lawyers, includes DMV, For those do it yourself people who refuse to go any other way . DUI Specialist member California Deuce Defenders Free Advice : 12 ways to protect yourself now against a DUI charge WARNING ! Demand a DMV Hearing now 10 day deadline DUI Conviction Penalties Jail, fines Probation for years Criminal record, Loss of Drivers License click here for details Free DMV hearing Request Form click here Resume and Professional background of Randy Moore DUI publications, books, lectures, seminar materials by Randy Legal briefs, Trial and motion transcripts, by Randy Moore What "they" say about Randy Moore: Clients, Lawyers, & others Moore Law Firm San Jose office Examples of success See forYourself actual Success in DUI & license defenses Nationally Recognized in DUI Defense, DUI College Harvard Winning Cases Trial, DMV, dismissals Experience, Success, & Aggressive Representation. Randy Moore DUI Defense top quality defense and the help and advice of an experienced professional Expert DUI defense Trial, DMV, dismissals Drivers License suspension APS 20 years of success in DUI defense Past President , Specialist member, and lecturer of California Deuce Defenders (State DUI Defense Group) Contributing editor California Drunk Driving Law by Kuwatch. Graduate National College for DUI Defense at Harvard . Conducted training for National College for DUI Defense at Harvard. Certified breath expert . Expert DUI defense in Northern, Southern, and Central California including: San Jose , Santa Clara, Palo Alto, San Mateo, Sunnyvale, Gilroy, Santa Cruz, Fremont, Hayward, San Francisco, South San Francisco, Redwood City, Fresno, and Modesto. Click to see a list of courts Do you have any special concerns about an alcohol related criminal conviction or loss of your drivers license? Professional Licenses, Pilots professional drivers truck drivers, sales professionals Doctors, Lawyers, Law students, Realtors, Government employees, Child Custody, probation, immigration, Security Clearance, Police Officers ,Teachers, child care, Elder Care, politician, Taxi Driver, Bus driver, Business owner, Bartenders, company travel and car rentals, Future employment opportunities, military prior criminal record, Insurance, public figures, student admissions, criminal conviction, probation for years? "Call Mr. Moore today, He will work hard to protect your rights" ------------------------------------------------------------------------------- DO NOT PLEAD GUILTY ! Click a link to view your - Three Choices Randy Moore DUI Defense Legal Links Do It Yourself "If you must." For those who want a top quality defense and the help and advice from an experienced professional. For those who would like a list of DUI links for more information about DUI case For those "do it yourself" people who may end up with a fool for a lawyer. It is your right, in America. Being convicted of DUI can result in: Loss of liberty; Jail Loss of driving privileges Fines and court costs A criminal record Loss of employment WARNING ! Demand a DMV hearing immediately 10 day deadline FREE DMV Hearing request form Call (408) 298-2000 Other penalties may include years of higher insurance rates and a tarnished reputation. * It is never wise for you to plead guilty before you talk to your lawyer. Arrested for Driving Under The Influence/DUI? Attorney K. Randolph Moore represents people charged with Drunk Driving/DUI and other related offenses. If you are facing this serious charge without a lawyer, and you have not entered a guilty plea, you still have an opportunity to obtain representation in your case. There is no charge for the initial consultation. As you may know, the State of California has greatly enhanced the penalties for DUI in recent years. The first conviction may result in imprisonment, probation, a substantial fine, and a loss of driving privileges. Normally your car insurance rates will increase substantially if you are convicted of DUI. Once the conviction is entered by the Court, it is very difficult to challenge that conviction after the fact. A second conviction for DUI carries with it a stiff mandatory term of jail. Subsequent DUI convictions carry even more severe penalties, including long term jail sentences and permanent revocation of driving privileges. Many people have entered guilty pleas in DUI cases without realizing that they are giving up valuable legal rights, and that various legal defenses may be available to them. The prosecutor must prove a DUI beyond and to the exclusion of every reasonable doubt. The breath machine might have been in error, and the results could be challenged. The circumstances of the arrest might also be subject to legal attack. It is important for you to have a skilled attorney on your side in order to protect your valuable legal rights. Don't face the State alone. Call Attorney Randy Moore for a free consultation regarding the charges against you. You have nothing to lose and everything to gain. To protect your rights, call 1- 800-609-1060 or (408) 298-2000 .

California DUI Laws and Lawyer Guide California DUI Laws and DUI Lawyers California DUI Laws Felony DUI Probable Cause Presumption of BAC when Driving DUI Double Jeopardy CA DUI Penalties Home Detention Enhanced Penalties Finding A Good DUI Attorney License Suspensions California DMV Administrative Hearing Implied Consent The Officer's Warning Driving Symptoms Driving Studies Field Sobriety Tests Horizontal Gaze Nystagmus Validity of FSTs Breath-Alcohol Odor Blood-Alcohol Tests Breathalyzer Tests BAC Testing Machines Blood-Alcohol Levels Tolerance to Alcohol Miranda Advisements Insurance After a DUI DUI Search Help Home © 2002 All Rights Reserved "California DUI Laws and DUI Lawyers" , is a complete source of information about California DUI laws , California DUI attorneys and lawyers, penalties for driving under the influence, California DMV driver's license suspensions, breath alcohol tests, criminal courts, car insurance after a DUI California arrest and police investigative procedures. California DUI offers everything you need to know if you are arrested in California for driving under the influence of alcohol ( DUI ) — sometimes referred to as "drunk driving" or "driving while intoxicated" ( DWI ) — including answers to such common questions as: What crimes will I be charged with for a DUI in California ? What are the possible penalties for driving under the influence of alcohol ? Who are the best drunk driving lawyers in California? How can I save my driver's license ? How do those field sobriety tests work? Are those breath tests accurate? How can I estimate my blood-alcohol level ? What if I have a high tolerance to alcohol ? What happens if the police didn't read me my Miranda rights? What happens to my car insurance ? How can I get my driving record ? "What should I do if I'm stopped for drunk driving?" Nationally-known Southern California DUI attorney Lawrence Taylor, author of the legal textbook Drunk Driving Defense , 6th edition , offers 5 tips: Politely decline to answer questions without an attorney (only incriminating answers will be in the police report). Decline to take any field sobriety tests (not required by law and rarely helps you). Unless you are under 21, decline to take any handheld breath test not required by law. Agree to take a required "evidentiary" breath test (blood test if confident you are under .08%). Make sure your attorney calls the DMV Driver Safety Office within 10 days and demands a hearing to contest your license suspension. "Should I just plead guilty?" Atlanta attorney William C. Head, one of the foremost authorities in the country, explains the 5 myths and realities of defending against DWI charges today: Most people accused of this crime are guilty. Drunk driving is a minor offense. Any attorney can defend a person accused of DUI. These cases can't be won. DUI cases are just like any other criminal case. California DUI Attorneys Resource Center California-oriented legal megasite for lawyers and laymen, containing information and over 600 links. The Great .08 Debate Excellent discussion of the .08% blood-alcohol controversy, from noted New York attorney Ed Fiandach. MADD and Madder: Today's DUI Defense Bar is More Focused and Aggressive Than Ever Before Interesting article in the "American Bar Association Journal" reporting on the counter-offensive from increasingly specialized and technically sophisticated DWI Lawyers. The DUI Exception to the Constitution The continuing erosion of fairness and constitutional rights in drunk driving cases, from a lecture by a former Fulbright Professor of Law and nationally-known California DUI attorney. DUI Blog Commentary on the defects, fallacies and Constitutional damage of the "war on drunk driving". Southern California DUI Lawyers Helpful legal information from an 8-attorney law firm practicing DUI defense exclusively in Los Angeles , Orange County , Riverside and San Diego . DUI Resource Library for Judges Online links and materials for judges nationwide in understanding and dealing with drunk driving cases. FindLaw Nationwide resource for DUI issues generally. California DUI : A Drunk Driving Law Guide is intended to counter the political pressures of extremist groups such as MADD seeking the passage of unfair laws , the erosion of constitutional rights and the eventual return of prohibition. The National Motorists Association sets forth its positions on controversial drunk driving issues, such as unconstitutional roadblocks, overemphasis on breath alcohol tests, unfair criminal penalties and the imposition of "automatic" license suspensions. " Responsibility in DUI Laws, Inc. ", is an organization dedicated to reforming harsh and misdirected DUI laws. Please visit our local DUI information websites for Los Angeles County , Orange County , San Diego County , Riverside County and Ventura County . Websites for the following counties are under construction or in the planning stages: San Bernardino, Alameda, Contra Costa, Fresno, Imperial, Marin, Merced, Monterey, Napa, Sacramento, San Francisco, Santa Barbara, Santa Clara, Santa Cruz and Sonoma. Site Map | Link to Us Legal Disclaimer

Illinois DUI Laws Findgreatlawyers.comis

Illinois DUI Questions, Lawyer Referrals What We Do How It Works Hot Topics Contact Us Lawyers Do I Need to Hire a Lawyer? Our Pledge to You FAQ's en Espaol Home Findgreatlawyers.com is run by Illinois lawyers and allows you to speak to an Illinois attorney for free. In confidence you can ask questions and obtain a referral to an independent lawyer that best fits your needs. Illinois Lawyer Referrals and Legal Guidance Frequently Asked Questions About Illinois DUI Laws Findgreatlawyers.comis a free service, run by Illinois lawyers, to find an attorney or obtain guidance for any Illinois legal matter, including Illinois traffic law cases. Please call us at (312) 346-5320 or (800) 517-1614 or fill out our contactus form and we will contact you. All inquiries are kept in strict confidence. Findgreatlawyers.com is run by Illinois lawyers and allows you to speak to our staff of Illinois attorneys for free and in confidence to ask questions or obtain a referral to an independent lawyer we know that best fits your situation. The following is a list of frequently asked questions that we receive on Illinois DUI laws. If you have additional questions do not hesitate to contact us at any time. Can I go to jail if I was arrested for driving under the influence in Illinois? Yes. For first time offenders the jail sentence can be as long as one year. For people convicted of two DUIs within five years there is a mandatory five day jail sentence at minimum. Longer jail sentences are possible if the DUI resulted in an injury to another person. Will I lose my license if I am convicted of a DUI? Yes, for at least one year. I live in Illinois, but received a DUI in another state. Can Illinois revoke my license? Yes, Illinois recognizes suspensions of licenses in other states so if you lose driving privileges in one state you will lose them in Illinois as well. I was pulled over and the police forced me to give blood so it could be examined for alcohol content. Is this legal in Illinois? As long as there was not an accident that resulted in an injury to another person then this would be illegal and any test should be thrown out by a judge. I was given a portable breath test by a police officer. Is that allowed in Illinois? No, portable breath tests are not allowed in Illinois and will be thrown out by a judge and never entered into evidence. Can I represent myself if I have been charged with a DUI? While you are allowed to represent yourself, given the potential for jail time, large fines, loss of driving privileges, etc., we would never recommend that someone who has been charged with a DUI represent themselves. There is an old saying that a lawyer who represents himself has a fool for a client. Are Illinois DUI penalties higher if a child was in the car when the driver was pulled over? Yes, if convicted the offender would face mandatory jail time, mandatory community service and a minimum fine of $1,000.00. I took a breathalyzer test and failed. Is there any way to avoid a DUI conviction? Yes, numerous studies have shown that not all breath tests are reliable and there are many other factors that can contribute to blood alcohol content. While a failed breath test presents an uphill battle, an experienced Illinois DUI defense lawyer knows how to analyze the entire situation to determine if there are defenses to the charge. Does my attorney need to be licensed in the County where the court hearing will take place? No, there is no such thing as being licensed by a County in Illinois. Your attorney just needs to be licensed to practice law in the state of Illinois. However, we highly recommend If you have any questions about Illinois DUI laws or would like a referral to an Illinois traffic lawyer, please contact us. All inquiries are free and confidential. Findgreatlawyers.com is a free service, run by Illinois lawyers, to help people with any Illinois legal matter. From Chicago to Belleville, to Peoria to Rockford and all locations in between, we will use our best efforts to help you with your legal situation. 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OUIL / UBAL /

Michigan Drunk Driving, DWI / OUIL / OWI / DUI Defense, Michigan DWI / OUIL / OWI / DUI Lawyers, Attorneys Drunk Driving Arrest, Free Case Evaluation Michigan DUI Arrest Legal Information Michigan DUI Site Map THE STATE OF MICHIGAN Arrested for Drunk Driving in MICHIGAN? If your DWI / OUIL / UBAL / OWI / OUIN case is pending in Michigan, keep reading. If your case is pending in another state visit our map to locate a drunk driving defense attorney in your state . MI-DrunkDrivingLawyer.com provides you with comprehensive information about Michigan drunk driving laws , Michigan Administrative License Suspension & Revocations , Driver License Restoration Cases plus exclusive links to eminently qualified drunk driving defense attorneys in every state . Get a FREE evaluation of your case by completing our CONFIDENTIAL online initial questionnaire . Upon receipt of your initial questionnaire, we will contact you personally within 24 hours (48 hours if over the weekend). Our attorneys and support staff stand ready to assist you in weathering the stressful days ahead as we investigate and challenge your pending charges. We understand the serious nature of your situation and want to help you deal with the stressful and complex issues of a drunk driving arrest. WARNING! If you refused to take a breath, blood or urine test after being arrested for DWI / UBAL / OUIL / OWI / OUIN or another drinking related charge in Michigan, your license may be at risk of being suspended if you do not take appropriate action to demand an administrative hearing within 14 business days after your arrest. Get more information about saving your driver's license NOW before it's too late. If your arrest was in a state other than Michigan, your license also may be at risk. To learn more about protecting your license if your arrest was not in Michigan, visit our national map of DUI / DWI attorneys to locate a drunk driving defense lawyer in your state . If you'd rather talk with us on the phone, please call our intake HOTLINE at (248) 647-5220, or TOLL-FREE at 1-888-533-7519 . Patrick T. Barone Michigan Affiliate INFORMATION FIND A LAWYER IN YOUR STATE For MICHIGAN cases, call TOLL-FREE 1-888-533-7519 MICHIGAN Drunk Driving Arrest MICHIGAN License Suspension Laws MICHIGAN DUI Frequently Asked Questions MICHIGAN Courts Information MICHIGAN RESOURCES Blood Alcohol Level Calculator Drivers License Records DPS / DMV / BMV / MVR Offices Drunk Driving Information Links MICHIGAN DRUNK DRIVING LAWYER Law offices of Patrick T. Barone About Patrick T. Barone Patrick T. Barone, sample drunk driving defense court cases Letters from DWI / UBAL / OUIL / OWI / OUIN Clients Contact Michigan Drunk Driving Attorney Patrick T. Barone Resources RETURN TO HOME PAGE ATTORNEY PATRICK T. BARONE Biography of Patrick T. Barone | Drunk Driving Case Examples | Publications & Articles | Letters From Clients | Contact Mr. Barone's Office OTHER QUALITY DRUNK DRIVING INFORMATION SITES Drunk Driving Search Terms | California DUI Laws | California DUI Attorney | California DUI Lawyer | California Drunk Driving Defense Email Webmaster | Disclaimer | Headlines Marketing | Site Map Other Resources: DUI Expungement Lawyers - Clear Your Record | DUI Laws - Drunk Driving Lawyers DWI Laws - Drunk Driving Lawyers | Drunk Driving Defense | DUI Attorneys California Criminal Defense Attorney | California DUI Lawyer 2004-2005, Headlines Marketing Corporation All Rights Reserved FOR MICHIGAN DRUNK DRIVING CASES, CALL TOLL FREE 1-888-533-7519 NATIONWIDE TOLL FREE NUMBER 1-888-250-6404 Click here for FREE Online Questionnaire FOR ANY STATE Headlines Marketing Corporation, William C. Head, President

California DWI

NHTSA Campain Safe & Sober Program Planner 21 Fact Sheet Contents | Planner Contents Key Facts Legislative Status Recommendations for Strengthening and Increasing the Use of Vehicle and Vehicle Plate Sanctions Research and Evaluation Regarding the Effects of Vehicle and Plate Sanctions Transfer and Grant Programs Information Sources Vehicle and License Plate Sanctions Revoking or suspending a motorist's operators license is now a common penalty for many traffic infractions, especially those related to impaired driving. Unfortunately, many of these offenders continue to drive. It is not unusual for suspended drivers to receive additional traffic citations or be involved in crashes during periods of license suspension. As a way of reducing this problem, many states have passed laws that directly affect the offender's vehicle or license plates as a sanction for the impaired driving offense or for driving with a suspended license. Some states now permit the vehicles of drivers convicted of certain impaired driving offenses to be impounded, immobilized (club or boot), or forfeited and sold. Other states allow the license plates to be removed and impounded. Still others allow for the use of specially marked license plates, or allow for the installment of alcohol ignition interlock devices. Key Facts In 1997, 1.5 million people were arrested in the U.S. for driving under the influence (DUI) or driving while intoxicated (DWI)–more than all other reported criminal offenses except larceny and theft. About one-third of all drivers arrested or convicted of DWI each year are repeat DWI offenders. Drivers with prior DWI convictions are also overrepresented in fatal crashes and have a greater relative risk of fatal crash involvement. Many second- and third-time convicted DWI offenders who had their licenses suspended accumulated traffic offenses or were involved in crashes during the suspension period. In one study, 32 percent of suspended second-time DWI offenders, and 61 percent of third-time offenders received violations or crash citations on their driving records during their suspensions. Many drivers do not reinstate their licenses even when eligible to do so. In one study involving first-time DWI offenders who had their licenses suspended for 90 days, 50 percent had not reinstated their licenses three years after they were eligible to be relicensed. Also, many of these offenders drive without auto insurance and do not attend treatment programs when required for reinstatement. | Back To Top | Legislative Status Forty-four states have laws that can affect the vehicles or vehicle plates of offenders. Vehicle Impoundment: Overnight impoundment of the vehicle of an individual arrested for impaired driving is a typical practice in most states. Thirteen states have laws which permit longer-term impoundments for certain offenses, usually for repeat DWI offenses or for Driving While Suspended (DWS) where the original offense was related to a DWI infraction. States which impound vehicles for these types of offenses include California, Delaware, Florida, Illinois, Iowa, Michigan, Missouri, Montana, Nebraska, New York, Ohio, Oregon, and Wisconsin. Suspension of Vehicle Registration: In 15 states, vehicle registration is withdrawn upon conviction of a DWI or DWS offense where the original licensing action can be related to a DWI offense. States which can withdraw vehicle registrations for a DWI or DWS offense are Arizona, Indiana, Kansas, Maine, Minnesota, Nevada, New Hampshire, New York, North Dakota, Ohio, Oregon, Rhode Island, South Dakota, Virginia, and Wyoming. Some of these states have their own enforcement departments that send out investigators to pick up the license plates of these offenders. However, in general, the vehicle license plate suspension provisions are poorly enforced. Vehicle Confiscation: Twenty-five states permit the vehicle of multiple DWI or DWS offenders to be confiscated or sold, where the original licensing action can be related to a DWI offense. These states are Alaska, Arizona, Arkansas, California, Georgia, Illinois, Louisiana, Maine, Minnesota, Missouri, Montana, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Vermont,Washington, and Wisconsin. Vehicle Immobilization: Courts can prevent a DWI or DWS offender from using his or her car by immobilizing the steering wheel (by using a club) or locking a wheel (with a boot). Currently, only Ohio uses these types of sanctions. Special License Plates or Plate Markings: Three states–Iowa, Minnesota, and Ohio–issue special license plates to permit the use of the vehicle by family members of convicted DWI offenders. Two states-Oregon and Washington-enacted laws which permitted officers to affix a zebra sticker over the annual year portion of the license plates of offenders. Ignition Interlock: The purpose of an ignition interlock is to prevent a person who has consumed alcohol from operating a vehicle. The device measures alcohol concentration in the breath and is attached to a vehicle's ignition system. Before the car can be started, a driver must blow a sample of his or her breath into the interlock device. If the driver's breath alcohol is below a specified concentration, the driver will be able to start the vehicle's engine. However, if the driver has a breath alcohol concentration above the established level, the vehicle cannot be started. Thirty-seven states have laws providing for either the discretionary or mandatory use of ignition interlock devices for repeat and chronic DWI offenders. The ignition interlock is discretionary in 32 states: Alaska, Arizona, Arkansas, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Maine, Maryland, Michigan, Missouri, Montana, Nebraska, Nevada, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Rhode Island, Tennessee, Utah, Virginia, Washington, West Virginia, and Wisconsin. In three states–California, Oregon, and Texas–the law is mandatory under special circumstances. In some jurisdictions, interlocks may also be used for first offenders. | Back To Top | Recommendations for Strengthening and Increasing the Use of Vehicle and Vehicle Plate Sanctions Interviews with state and local officials, judiciary members, and law enforcement officers suggest that while impoundment and forfeiture legislation is common, application of these laws is rare. The reasons cited include: (1) these laws are generally reserved for the relatively few multiple DWI offenders rather than the more numerous first offenders; (2) there are difficulties in dealing with nonoffender owners; (3) it is costly to store junk vehicles that are not reclaimed by their owners; and (4) judges are reluctant to punish innocent family members. Yet some states have developed innovative ways for dealing with these problems. Minnesota experienced a twelvefold increase in the use of its license plate impoundment law when they switched from court-based to administrative enforcement of the impoundment law. The following recommendations may help state legislators and local officials revise existing legislation or enact new legislation to increase the use and effectiveness of their laws. Consider legislation that provides for administrative impoundment of plates and civil forfeiture of vehicles. In general, try to avoid criminal laws providing for forfeiture, as courts rarely use them. Enact legislation that allows for seizure at the time of arrest if officers impound either the vehicle or plate. It is more difficult and costly to track down the offender's vehicle later, and the delay gives the offender the opportunity to transfer vehicle ownership. Consider legislation that makes it unlawful for the owner of a motor vehicle to allow another person to drive the vehicle unless the owner determines the person possesses a valid driver's license. Also, require nonoffender owners to sign an affidavit stating they will not allow the offender to drive the vehicle again while the suspension is in effect. Establish a computerized state record-keeping system to document vehicle (impoundment and forfeiture) and license plate actions. This allows states to monitor use of the sanctions. Apply impoundment laws to all repeat DWI offenders and to all DWS offenders where the original infraction was for a DWI offense. This will encourage an increase in the use of impoundment since many courts do not apply this sanction to second-time DWI offenders or to first-time DWS offenders. Where the law provides for special license plates (e.g., family plates or license plate sticker laws), incorporate a provision that permits officers to stop the vehicle for the sole purpose of checking whether the driver is operating the vehicle while their license is under suspension. | Back To Top | Research and Evaluation Regarding the Effects of Vehicle and Plate Sanctions Maryland ignition interlock program lowered the re-arrest rate for repeat alcohol offenders: A Maryland study involving 1,380 repeat alcohol offenders randomly assigned participants to either an ignition interlock group or a control group that did not receive the sanction. Alcohol-related traffic re-arrest rates were tabulated for a full year. They showed that only 2.4 percent of the interlock group was rearrested, whereas 6.7 percent of the control group was re-arrested-a statistically significant difference indicating that the interlock program reduced the risk of an alcohol traffic violation within the first year by about 65 percent. Additional analyses of post-interlock recidivism are being examined. Other research on ignition interlocks is being conducted in Illinois and Alberta (Canada). Recently, NHTSA initiated another assessment of ignition interlocks. The focus of this congressionally mandated study is to conduct additional research on the effectiveness of these devices once they have been removed from offenders' vehicles. The findings from this four-year research effort will become available in 2002. Minnesota License Plate Impoundment Study: In Minnesota, violators incurring three DWI violations in five years, or four or more in ten years, can have their license plates impounded and destroyed. An evaluation of the effects of the law found a significant decrease in recidivism for violators who had their plates impounded versus violators who did not. Violators whose license plates were impounded by the arresting officer showed a 50 percent decrease in recidivism over a two-year period (when compared with DWI violators who did not experience impoundment). Ohio Impoundment and Immobilization Program: In Franklin County (Columbus), Ohio, researchers conducted a field test to study the deterrent effects that a combined impoundment and immobilization sanctions program has on crashes and violations for multiple DUI (Driving Under the Influence) and suspended license offenders. From September 1993 to September 1995, the vehicles of nearly 1,000 offenders were impounded and then immobilized. The recidivism rates of these offenders were compared to eligible offenders who did not receive a vehicle sanction. Offenders whose vehicles were impounded and immobilized had lower rates of DUI recidivism both during and after the termination of the sanction than offenders who managed to avoid the impoundment and immobilization sanctions. Similiar findings were obtained in Hamilton County where only vehicle impoundment was used. A project report will be available by early 2000. California Impoundment Program: NHTSA, in conjunction with the State Department of Motor Vehicles, conducted a research effort to study the impact of California's new vehicle impoundment law as applied to unlicensed and suspended license offenders. The innovative 30-day impoundment law is not typical of those found in most states, since it involves a civil action independent of a criminal DWS conviction for those caught driving without a valid license. More than 6,300 unlicensed drivers and those with suspended or revoked licenses whose vehicles were impounded were compared to about the same number of drivers in 1994 whose vehicles would have been eligible had the 1995 impoundment law been in effect. Driving records of both groups were compared for a one-year period on subsequent traffic violations and crashes. First offenders whose vehicles were impounded had an average rate of subsequent DWS or driving while unlicensed (DWU) that was 24 percent lower than those whose vehicles were not impounded. Repeat offenders had 34 percent fewer DWS or DWU convictions. Also, both first-time and repeat offenders whose vehicles were impounded had fewer crashes there was a 25 percent reduction for first-time offenders and a 38 percent reduction for repeat offenders. Zebra Tag Program in Oregon and Washington States: In Oregon, suspended license offenders whose vehicle plates were "zebra tagged" had fewer subsequent DWI and DWS violations than suspended offenders who did not receive the special tags. Also, among suspended license offenders, the possibility of receiving a zebra tag if re-arrested appears to reduce subsequent violations and crashes. A similar law in Washington State did not affect subsequent violations or crashes for these types of offenders; however, it was not applied to nearly as many drivers and vehicles and it was not as strongly enforced by the police. (Legislators in both states allowed the zebra tag law to expire.) | Back To Top | Transfer and Grant Programs In 1998, as part of the TEA-21 Restoration Act, a new Federal program (see section 164 program) was established to encourage states to address the problem of the repeat intoxicated driver. To comply with Section 164, the state's laws must require that certain sanctions must be imposed on persons convicted more than once within a five-year period of driving while intoxicated or driving under the influence of alcohol (DWI/DUI). One of the sanctions that must be imposed is: that all motor vehicles of repeat intoxicated drivers be impounded or immobilized for some period of time during the driver's license suspension period, or that an ignition interlock system be installed on all motor vehicles of such drivers for some period of time after the end of the suspension period. States that do not meet the Section 164 requirements will have a portion of their Federal-aid highway construction funds redirected into other state safety activities, beginning in fiscal year 2001. In addition, TEA-21 modified the Section 410 grant program. Under the program, as modified by TEA-21, states that qualify for a basic grant may also qualify for supplemental grant funds by meeting one or more of six criteria. One of the six criteria is a program to reduce driving with a suspended driver's license. In order to qualify for a supplemental grant under this criterion, a state must impose one of the following sanctions on individuals convicted of driving after their license has been suspended for an alcohol-related offense: suspension of the offender's vehicle registration and return of license plates; impoundment, immobilization, forfeiture or confiscation of the offender's motor vehicles; or the use of distinctive license plates on the offender's motor vehicle. | Back To Top | Information Sources Beck, Kenneth H., et al. Effects of Alcohol Ignition Interlock License Restrictions on Multiple Alcohol Offenses: A Randomized Trial in Maryland. American Journal of Public Health, Vol. 89, No. 11, 1696-1700 (November 1999) A Guide to Sentencing DUI Offenders. NHTSA and NIAAA, DOT HS 808 365, March 1996. Model Specifications for Breath Alcohol Ignition Interlock Devices (BAIIDS). Federal Register Notice, Vol. 57, No. 67, Tuesday, April 7, 1992 (11772-11786). Assessment of Impoundment and Forfeiture Laws for Drivers Convicted of DUI, Phase II Report: Evaluation of Oregon and Washington Vehicle Plate Zebra Sticker Laws. DOT HS 808 136, Final Report, April 1994. Rogers, A. Effect of Minnesota's License Plate Impoundment Law on Recidivism of Multiple DWI Violators, Alcohol, Drugs and Driving. Vol. 10, No. 2, 1994. In Vehicle BAC Test Devices as a Deterrent to DUI. Unpublished NIAAA Final Report, January 1993. Assessment of Impoundment and Forfeiture Laws for Drivers Convicted of DWI: Phase I Report: Review of State Laws and Their Application. DOT HS 807 870, Final Report, June, 1992. Popkin, C., et al. An Evaluation of the Effectiveness of Sanctions for DWI in Preventing Recidivism in North Carolina. UNC HSRC, Raleigh, NC, September 30, 1992. Alcohol Ignition Interlock Service Support. DOT HS 807 923, Final Report, December, 1992. De Young, N.J. An Evaluation of the Specific Deterrent Effect of Vehicle Impoundment on Suspended, Revoked and Unlicensed Drivers in California. DOT HS 808 727, Final Report, November 1997. | Back To Top | The reports and additional information are available from your State Highway Safety Office, the NHTSA Regional Office serving your State, or from NHTSA Headquarters, Traffic Safety Programs, ATTN: NTS-11, 400 Seventh Street, S.W., Washington, DC 20590; 202-366-9588;or NHTSA's website at www.nhtsa.dot.gov