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Office of Public Safety - Equipment Repair Center - Frequently Asked Questions Search DCJS Advanced Search About DCJS DCJS Home Page Welcome About DCJS Contact DCJS News Recent News Events Publications Statistics For the Community Missing Children Sex Offender Registry Operation SAFE CHILD Criminal History Records Criminal Justice Agencies Most Wanted Legal Resources For Law Enforcement Training Accreditation Public Safety Services Incident Based Reporting Forensic Services / DNA Technology Resources Strategic Initiatives eJusticeNY ePagesNY Law Enforcement Links Funding Grant Information Grant RFP's Grant Forms Grants Management - GMS Public Safety Public Safety Home Accreditation Training Catalog Police Officer Registry Peace Officer Registry Security Guard Training Media Resource Center Equipment Repair Police Officer Memorial Police Officer of the Year Publications / Reports Contact Us Sidebar content Return to: ops home | equipment repair center Frequently Asked Questions These FAQs provide general information about DWI and the new .08% BAC Law. If you do not find the answer to your question, please email or call us at 518-457-2667. What is "DWI"? What are the penalties for DWI or DWAI? What is "Implied Consent"? What is a "BAC"? What does Prompt Suspension" mean? What is the Zero Tolerance Law? What is the new .08% minimum per se law? What is "DWI"? DWI is an acronym for driving while intoxicated. A similar acronym, DUI, is used in other states which stands for driving under the influence, and yet another acronym, DWAI, may be encountered which signifies driving while ability impaired. Under section 1192 of the New York State Vehicle and Traffic Law (VTL), the prohibitions against a motorist's consumption of alcohol or drugs include: Driving while ability impaired: "No person shall operate a motor vehicle while the person's ability to operate such motor vehicle is impaired by the consumption of alcohol" (VTL §1192[1]). A first violation of this DWAI provision is a traffic violation. Driving while intoxicated; per se: "No person shall operate a motor vehicle while such person has .08 of one per centum or more by weight of alcohol in the person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva. . . ." (VTL §1192[2]). A first violation of this DWI provision is a misdemeanor. Driving while intoxicated: "No person shall operate a motor vehicle while in an intoxicated condition." (VTL §1192[3]). A first violation of this DWI provision is a misdemeanor. Driving while ability impaired by drugs: "No person shall operate a motor vehicle while the person's ability to operate such a motor vehicle is impaired by the use of a drug. . . ." (VTL §1192[4]). A first violation of this DWAI provision is a misdemeanor. Other provisions of VTL §1192 prohibit the operation of certain commercial vehicles at stated levels of alcohol concentration percentages lower than those specified in VTL §1192(2). Top What are the penalties for DWI or DWAI? All alleged violations of section 1192 of the VTL are prosecuted as criminal offenses and conviction subjects the motorist to specified penalties that vary according to (a) the seriousness level of the particular offense, which ranges from a traffic infraction to a class D felony, and (b) the motorist's record of certain prior driving-related convictions. Upon conviction, the court must always impose a fine (the lowest of which for the least serious offense is presently $355.00) and may, in addition, impose a period of incarceration (the longest of which for the most serious DWI offense is presently 7 years of imprisonment at a State correctional facility). In addition, a violation of any provision of section 1192 of the VTL or a refusal to submit to a properly requested chemical test automatically initiates separate administrative proceedings before the New York State Department of Motor Vehicles where determinations of a violation or a refusal result in a mandatory suspension or revocation of a motorist's driving privileges for stated periods of time. Lastly, apart from these court and administrative proceedings, a motorist's record of DWI or DWAI may also trigger substantially higher automotive insurance premiums. Top What is "Implied Consent"? Under circumstances set out in VTL §1194, a police officer is authorized to request a motorist to submit to a chemical test and the law provides that "[a]ny person who operates a motor vehicle in this state shall be deemed to have given consent to a chemical test of one or more of the following: breath, blood, urine, or saliva, for the purpose of determining the alcoholic and/or drug content of the blood. . . ." When an authorized request is made, a motorist is then said to have given his or her "implied consent" to submit to the chemical test. A refusal to submit to a test after a proper request carries mandatory administrative consequences involving the loss of driving privileges and a civil fine (regardless of the outcome of any related DWI or DWAI charges in court) and in the event of such a refusal the police officer or District Attorney may apply to a court asking it for an order to compel the motorist to submit to a chemical test Top What is a "BAC"? A BAC is an acronym standing for Blood Alcohol Content; the amount of alcohol in a person's body measured by the weight of the alcohol in a certain amount of blood. Breath analysis is the primary method most frequently used statewide by law enforcement agencies to determine BAC, but a direct analysis of blood for this purpose is also a common practice. The first practical breath analysis device was designed in the 1930s by Dr. Rolla Harger of the Indiana University School of Medicine and was known as the Harger Drunkometer. This device was widely used for many years until the Breathalyzer, which was designed by Dr. Robert Borkenstein in 1954, replaced it. The Breathalyzer uses the relationship between a person's alveolar (deep lung) air and blood . This system collects a fixed volume of alveolar air and passes it through an alcohol- sensitive chemical reagent. Alcohol in the sample produces a color change in the reagent which is measured by a photometric system and yields a resulting BAC. While the Breathalyzer has been and continues to provide an accurate BAC, technology advancements have produced new and improved methods of analyzing breath to determine BAC. All of the newer evidential breath analysis devices employ infrared technology to measure alcohol in the person's blood by calculating the amount of infrared energy absorbed by the alcohol contained in the person's breath sample. These newer instruments are microprocessor-based, enabling faster, and easier operation, as well as having the ability to record and print breath test results. Top What does Prompt Suspension" mean? A court is obliged to suspend the license, pending prosecution, of a motorist who has been charged with a DWI violation of VTL §1192(2) or 1192(3) at arraignment (initial court appearance) if: The results of a chemical test show that the defendant had a BAC level of .08% or more; and The court finds reasonable cause to believe that the defendant operated the motor vehicle while having a BAC level of at least .08%; and The court finds that the accusatory instrument (formal statement of charges) is sufficient on its face. Top What is the Zero Tolerance Law? It is unlawful, under VTL §1192-a for a person under the age of 21 years to operate a motor vehicle after having consumed alcohol as shown by a BAC (blood alcohol content) level of .02% or more. While drivers under 21 remain fully subject to all of the DWI and DWAI charges and penalties for violating VTL §1192, a violation of VTL § 1192-a is not a criminal offense and subsequent findings and penalties for violation are administrative in nature. These penalties can consist of a civil fine and a license suspension or revocation action. Top What is the new .08% minimum per se law? In December, 2002, Governor George Pataki signed into law a measure which took effect on July 1, 2003, under which it is a DWI violation of VTL § 1192(2) for a person to operate a motor vehicle while such person has .08 per centum or more by weight of alcohol in such person's blood. Laboratory and field research shows that the vast majority of drivers, even experienced drivers are significantly compromised at .08% BAC with regard to critical driving tasks such as braking, steering, lane changing, judgment and divided attention. Research also suggests that the most critical aspect of diminished performance is reduction in the ability to handle several tasks at once - the precise skill needed to safely operate a motor vehicle. The Insurance Institute for Highway Safety research indicates that the relative risk of being killed in a single vehicle crash for drivers with BACs between .05% and .09% is 11 times that of drivers free of alcohol. For more information about .08% laws, please visit: www.nhtsa.dot.gov . Top ©2004 NYS Division of Criminal Justice Services Privacy Policy Site Map



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Illinois Driver Illinois Drivers License With a Wisconsin DUI Case? Illinois Drivers Can Get Hammered Heres a scenario that Ive seen too many times. An Illinois driver gets arrested in Wisconsin for first offense DUI (or OWI in Wisconsin-speak). He asks the cop who arrested him what will happen to his Illinois license. The cop tells him that since he has an Illinois license, the Wisconsin case wont matter. The Illinois drivert then talks to a Wisconsin lawyer, who tells him that he needs to have an Illinois lawyer handle the Illinois consequences of the case or worse he tells the Illinois driver that the Wisconsin conviction wont matter in Illinois. The truth of the matter is, these answers are totally wrong. Sadly, this happens because some Wisconsin lawyers are willing to represent Illinois drivers, when they really dont understand how a Wisconsin case affects an Illinois drivers license. Its critical that an Illinois driver be properly represented in Wisconsin, or he will find himself being hammered by the Illinois Secretary of State. Heres why. The Wisconsin system and the Illinois system are very different and they dont match up with each other. Illinois imposes severe penalties for a Wisconsin first offense case. So, a Wisconsin case is far worse for an Illinois driver than an Illinois case. The Illinois System In Illinois, a person who is charged with first offense DUI routinely gets a plea-bargain. This may be a reduction of the charge or "court supervision." Court supervision is a deal in which the defendants drivers license is suspended for few months, hes ordered to go to some classes and if he does those things successfully, the case is dismissed. There is no DUI conviction on his record in this scenario. 1 Also, he can have a work permit (called a Restricted Driving Permit, or RDP, in Illinois) to drive during the suspension. So, by the time an Illinois person gets his first official DUI conviction he will have had at least one and possibly two or more prior DUI arrests. This is why the Illinois drivers license consequences for a first conviction are quite severe. Specifically, the first consequence is a drivers license revocation of an indefinite period of one year to life. That is, the Illinois driver can apply for reinstatement after one year, but he may not get it. In fact it often takes three to five years to get a reinstatement. During the revocation period, he may be able to get an RDP (restricted driving permit) that allows minimal driving for work, but it can be difficult. To get an RDP, there is a mandatory six-week waiting period before application, and the application are often deferred or denied. Plus, there are counseling and other requirements. It is not unusual for it to take six months to a year to obtain an RDP. In Illinois, therefore, its important to remember that the first DUI conviction is almost never the first DUI arrest. The Wisconsin System The Wisconsin system is very different. First and foremost, plea-bargaining in a Wisconsin DUI case is very rare. That is, it is extremely unusual for a DUI charge in Wisconsin to be reduced to a lesser charge. Also, there is no system of "court supervision" in Wisconsin. So, in Wisconsin, a defendants first DUI conviction will almost always be his first DUI arrest (unless he fights the case and wins, as do a good number of my clients). The practical consequence to a Wisconsin driver, however, is very similar to that of Illinois court supervision. The Wisconsin penalty is a six to nine month loss of drivers license with immediate automatic eligibility for a work permit (called an occupational permit in Wisconsin). There is also a fine to pay and an "assessment" or mandatory counseling. Unfortunately, many an Illinois driver has left a Wisconsin courtroom, having heard the Wisconsin judge impose the Wisconsin penalty, and believed that was the penalty he received for the Wisconsin case. Howeverand this is extremely significant--the Wisconsin penalty applies only inside the borders of the State of Wisconsin. A Wisconsin court cannot revoke an Illinois drivers license; it can only revoke the right to use that license in Wisconsin. Technically, the Illinois driver with a Wisconsin DUI revocation still has a valid Illinois license that can be used anywhere but Wisconsin, until and unless the Illinois Secretary of State says otherwise. This may seem like a big loophole, but actually this is what leads to the problem of the Illinois driver being hammered. To close this loophole, Wisconsin, like all states, will report the conviction to the "home" state, in this case Illinois. Then, Illinois will issue a reciprocal revocation order. It takes about a month, but the Illinois driver with a Wisconsin conviction is sure to get a letter from the Illinois Secretary of State revoking his drivers license. But, you see, Illinois treats an out-of-state Wisconsin conviction as though it were an in-state Illinois conviction . So, even though the Wisconsin case resulted from the first DUI arrest, it is treated the same as a second or third arrest in Illinois. The Illinois authorities will issue an indefinite revocation order of one year to life, with limited and discretionary eligibility for an RDP. There Is Still Hope If you are an Illinois driver with a Wisconsin first offense DUI case, it is critical that you get a Wisconsin lawyer familiar with the Illinois-Wisconsin problem. There are a number of strategies that may work to soften the blow to an Illinois driver. These sometimes involve using the Wisconsin refusal laws or even changing residency to the State of Wisconsin. Also, you may also need an Illinois lawyer familiar with the Illinois RDP system, so you have the best chance of getting a work permit. In addition, Illinois drivers often need to fight a case that would not be contested by a Wisconsin driver. So, if youre an Illinois driver with a Wisconsin first offense DUI case, make sure that you have the best possible advice and representation. At the Andrew Mishlove Law Offices you'll find that we have the knowledge, skill and experience to handle these complicated interstate issues, and we work closely with the very best lawyers in Illinois to ensure the best possible results for you. Click here for a free online case evaluation Click here for a special report: How to Win a Drunk Driving Case Home



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DUI/DWI/Drunk Driving Defense Lawyers and Criminal Defense Attorneys - www.1800DUILAWS.com A Service Brought To You By Kavinoky Law Firm -- › Alabama DUI Law › Alaska DWI Law › Arizona DUI Law › Arkansas DWI Law › California DUI Law › Colorado DUI Law › Connecticut DUI Law › Delaware DUI Law › Florida DUI Law › Georgia DUI Law › Hawaii DUI Law › Idaho DUI Law › Illinois DUI Law › Indiana OWI Law › Iowa OWI Law › Kansas DUI Law › Kentucky DUI Law › Louisiana DWI Law › Maine OUI Law › Maryland DUI Law › Massachusettes DUI Law › Michigan DUI Law › Minnesota DWI Law › Mississippi DUI Law › Missouri DWI Law › Montana DUI Law › Nebraska DWI Law › Nevada DUI Law › New Hampshire DUI Law › New Jersey › New Mexico DUI Law › New York DWI Law › North Carolina DWI Law › North Dakota DUI Law › Ohio DUI Law › Oklahoma DUI Law › Oregon DUII Law › Pennsylvania DUI/DAI Law › Rhode Island OUI Law › South Carolina DUI Law › South Dakota DUI Law › Tennessee DUI Law › Texas DWI Law › Utah DUI Law › Vermont DUI Law › Virginia DUI Law › Washington DUI Law › District of Columbia DWI Law › West Virginia DWI Law › Wisconsin OWI Law › Wyoming DUI Law Drunk driving law, driving under the influence law (DUI), or driving while intoxicated (DWI) law defined by each state . For the most part, with a few exceptions, they follow similar guidelines and rules concerning drunk driving aka: drinking and driving. No matter how strict or lenient the DUI / DWI laws are, the consequences are severe and life-changing . If you've been accused of breaking the law and charged with an alcohol-related offense, one of our DUI LAWS defense attorneys can help. A network of qualified DUI / DWI defense lawyers is just a click away. DUI / DWI law include specifics such as blood alcohol content level , which varies from state to state, but generally it must not exceed .08 percent (BAC). License suspension or revocation traditionally follows conviction for drunk driving / DUI / DWI . Forty-five states permit convicted drunk driving offenders to drive only if their vehicles have been equipped with ignition interlocks . Expungement of a DUI / DWI criminal conviction varies by State, the type of DUI / DWI conviction and sentence, age of DUI / DWI offender, etc. Contact a qualified DUI / DWI defense lawyer in your area to discuss expungement of your DUI / DWI conviction. Drunk Driving Laws are aimed at criminalizing those who drink and drive. If you are looking for more information on DUI / DWI law , be sure to search through 1800DUILAWS.com for a plethora of information by state. The site is informative, educational, and can help you find a professional DUI attorney . California leads the nation in DUI arrests. If you are arrested for California DUI , you must act immediately to save your driver's license . Contact a California DUI defense lawyer right away for immediate assistance. Driving Under the Influence Law - DUI Driving While Intoxicated Law - DWI Operating Under the Influence Law - OUI Operating Under the Influence Liquor-OUIL Driving While Under the Influence-DWUI Operating While Intoxicated Law - OWI Driving Under the Influence of Intoxicants DUI Traffic School Drinking and Driving Law - DWI / DUI | Make 1800DUILAWS.com Your Homepage! | Site map | Terms and Conditions | Legal Disclaimer | Privacy Policy | Contact us at 1 800 DUI LAWS | 1 800 DUI LAWS. All rights reserved.



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Breaking News--News and Features Today'sFront Page Newsand Features Campusdrive gahtes relief supplies for tsunami victims Newmeal plans are designed for commuter students Campuscrime report Arts Gemsof 2004 almost slipped through the cracks BreakingNews Comics Opinion Bestway to keep computer safe is to set it free Editorialcartoon StaffEditorial: Budget surplus a late Christmas present for UH? Sports Pairof wins puts Lady Cougars back in stride Gentlemencan't tame Cougars AboutBreaking News DailyCougar Archives Volume 7, Issue 4 University of Houston Campus crime report The following is a partial report of campus crime between Dec. 23and Jan. 4. All information is selected from the files of the UH PoliceDepartment. The information in italics indicates when the event was reportedto UHPD and the events location. Information or questions regarding thecases below should be directed to UHPD at (713) 743-0600. Driving while intoxicated: 3 a.m. Dec. 23, 4200block of Elgin Avenue -- A student was arrested and transportedto Harris County Jail for driving while intoxicated after being involvedin a single-vehicle accident on Spur 5. A student passenger was arrestedfor public intoxication, issued a county citation and released to the custodyof a sober adult. Both were issued Student Life Referrals. Occurred between3:25 and 3:42 a.m. Burglary: 12:38 a.m. Dec. 24, Cambridge Oaks -- A student reportedan unknown person(s) burglarized his apartment, gaining entry by breakingout the front window. Occurred between 3 p.m. Dec. 22 and 11:30 p.m. Dec.23. Theft: 12:45 a.m. Dec. 24, Bayou Oaks -- A student reported anunknown person(s) stole his unattended, unsecured bicycle from a rack onthe west side of the Bayou Oaks main building between 5 p.m. Dec. 32 and12:40 a.m. Dec. 24. Driving while intoxicated: 12:55 a.m. Dec. 25, 4000 block of GulfFreeway southbound frontage road -- A visitor was arrested and transportedto Harris County Jail for driving while intoxicated after he was involvedin a traffic accident. Occurred at 12:50 a.m. Burglary: 7:15 p.m. Dec. 28, Entrance 14 -- A faculty memberreported an unknown person(s) stole money from his parked, secured vehicle,damaging the drivers side door handle and passenger side window in theprocess. Occurred between 1 and 6:45 p.m. Driving while intoxicated: 1:29 a.m. Dec. 28, 3500 block of CullenBoulevard -- Two visitor were arrested and transported to Harris CountyJail for driving while intoxicated after the vehicle they were riding inwas stopped for having an expired registration. The driver was chargedwith a DWI and the front-seat passenger was charged with possession ofa controlled substance. Criminal mischief/theft: 7:52 p.m. Dec. 28, Agnes Arnold Hall basement-- A visitor reported known individuals stole a pair of tin scissorsfrom his tool belt and may have also tipped over a beverage vending machine.Occurred between 4:30 p.m. Dec. 28 and 7:52 a.m. Dec. 29. Criminal mischief: 3:33 a.m. Dec. 30, Bayou Oaks -- A Bayou Oakssecurity officer reported an unknown person(s) removed a fire extinguishedfrom a fourth-floor cabinet, broke the exit sign hanging from the ceilingand threw the fire extinguisher out a window between 3:33 and 3:34 a.m. Criminal mischief: 9:21 a.m. Dec. 30, Cullen Oaks visitor parkinglot -- A student reported an unknown person(s) damaged his vehiclewith a sharp, pointed object between 11 p.m. Dec. 29 and 9:20 a.m. Dec.30. Driving while license suspended: 11:24 p.m. Dec. 31, 3500 block ofScott Street -- A visitor was arrested and transported to Harris CountyJail for driving with a suspended license after he was seen leaning outof the car window and weaving in and out of traffic along Scott Street. Assault: 1:20 a.m. Jan. 1, 4700 block of Texas Spur 5 -- A visitorwas arrested for assaulting his girlfriend and driving while intoxicatedafter his vehicle was seen stopped in a moving lane of traffic on Spur5. He was released to Harris County Jail. The girlfriend, who is a student,was treated at the scene and released. Driving while intoxicated: 4:07 a.m. Jan. 1, 4600 block of TexasSpur 5 -- A visitor was arrested and transported to Harris County Jailfor driving while intoxicated after he was stopped for failure to maintaina single lane; a second visitor was arrested for public intoxication, issueda county citation and later released to a sober adult. Theft: 10:40 p.m. Jan. 2, Cambridge Oaks -- A student reportedher roommates boyfriend stole underwear from her bedroom and hid a camerathere between 10 p.m. Dec. 16 and 3 p.m. Jan. 2. Criminal mischief: 7:43 a.m. Jan. 3, General Services Building firstfloor -- A staff member reported an unknown person(s) damaged his officedoor with a sharp, pointed object between noon Dec. 17 and 7:43 a.m. Jan.3. Theft: 10:50 a.m. Jan. 3, Agnes Arnold Auditorium 1 -- A staffmember reported an unknown person(s) stole a DVD player from a securedpodium cabinet. There were no signs of forced entry. Occurred between Dec.22 and 10 a.m. Jan. 3. Driving while license suspended: 12:20 a.m. Jan. 4, 3600 block ofScott Street -- A visitor was arrested and transported to Harris CountyJail for driving with a suspended license after being stopped for runninga red light at Scott and Holman. Send comments to dcnews@mail.uh.edu. Last update: http://www.stp.uh.edu/bn0405/011205/news/news3.html



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