D.W.I.

Miami DUI lawyer. Still,

MADD AND MADDER Printer friendly Friday, December 13, 2002 Volume 1, Issue 47 Click here for ABA Journal Online Classified Ads FEATURED AD OF THE WEEK: KENNETH HECT, RA; CGC; LIA - CONSTRUCTION EXPERT Providing construction consulting and advisory services. With an expertise in Construction Litigation, Cost Estimating, Construction Disputes, Job-site Accidents, ... .. (More...) MADD AND MADDER Today’s DUI Defense Bar Is More Focused and Aggressive Than Ever Before BY TERRY CARTER The tremendous success of Mothers Against Drunk Driving and other groups in their campaigns for tougher drunken driving laws and increased law enforcement has led to an inevitable backlash. It comes in the form of a highly specialized, sophisticated and aggressive defense bar that specializes in representing drivers charged with driving under the influence. Consider the career of Miami-based Richard Essen, who for more than 20 years did a wide range of criminal defense work after starting his law practice in 1963. Then, in the mid-1980s, he began to specialize solely in DUI defense. His small law firm rapidly grew to 18 lawyers, doing DUI work exclusively. DUI was hot, thanks largely to MADD, which launched its highly successful campaign in 1980. Tougher laws and stepped-up enforcement brought a 41 percent decrease in alcohol-related traffic deaths between 1980 and 1994, with a flattening out of the numbers since then. Toiling in what had been a side-dish of a practice area, Essen was catapulted onto the national stage, interviewed on Donohue , 60 Minutes , Geraldo , the morning shows, the Wall Street Journal and dozens of other media outlets. His firm was handling 3,000 cases a year. Now, he’s down to seven lawyers, and the caseload has dropped. Not that the specialty has dried up. "There are just so many attorneys out there specializing in DUI cases," Essen says. But Essen is doing just fine, charging $10,000 for a first-offense DUI case. And he claims a success rate of better than 99 percent in this challenging mix of law and science. Some DUI lawyers compare their work to tax and bankruptcy practice because of the demands in keeping up with changes in the law. "That’s true, and particularly so in the past five or so years," says Steve Oberman, a Knoxville, Tenn., lawyer who heads the DUI Advocacy Committee for the National Association of Criminal Defense Lawyers. "A lot of lawyers across the country have started devoting their practices solely to DUI defense." It tends to be a passionate bar. Many believe there is too much reliance on the subjective determinations of often ill-trained police officers and blood-alcohol tests that are often questionable. And these lawyers make their living trying to prove it. "Ours is a unique field because a lawyer’s job is usually to blow smoke and create reasonable doubt," says Lawrence Taylor, one of California’s more successful DUI lawyers. "Defense attorneys are expected to do that, but what I find nice about DUI work is that we get to wear white hats–though maybe not in the eyes of a judge or jury or MADD. But we’re trying to find the truth." In 1995, Taylor and some other prominent DUI lawyers around the country formed the National College for DUI Defense Inc., based in Houston. The mission statement for the 400-member group, which holds an annual seminar at Harvard Law School, declares that more innocent people are convicted of DUI than any other crime. At Taylor’s Los Angeles-area firm, specialization goes beyond the eight lawyers. The firm’s Web site, www.duicentral.com , is loaded with information and links concerning DUI cases. The staff includes: • A forensic toxicologist who is a former supervisor of DUI testing for the Los Angeles County Sheriff’s crime lab. • A former hearing officer for the California Department of Motor Vehicles. • A former 20-year California Highway Patrol officer. • A former Santa Ana police officer who was on that department’s DUI Task Force. "I expect that all this is in response to the laws that have been changed over the past 20 years, thousands of laws to help in the fight against drunk driving," says Karen Sprattler, national policy director for MADD. "And I imagine lawyers are able to take advantage of that as a lot of people are exposed to the courts for the first time and need assistance navigating the law. "Obviously these people have rights, but we’re concerned that when some of these lawyers ‘help’ their clients beat DUI charges they may be removing the opportunity for them to get help for chemical dependency." DUI lawyers argue in turn that most DUI cases involve first offenders. Many involve borderline blood-alcohol levels measured by tests that are often not accurate, they say. "When someone obviously has an alcohol problem, we won’t take the case unless they commit to long-term treatment," says Essen, the Miami DUI lawyer. Still, the DUI bar tends to be combative. Atlanta lawyer William C. Head, another founder of the National College for DUI Defense Inc., wants only the most aggressive lawyers linked to his Web site which offers referrals to DUI lawyers in various states. "Most members of the college regularly try cases rather than plead guilty," Head says. "But all the people on my Web site are handpicked and have reputations for fighting and winning." ©2002 ABA Journal eReport Table of Contents eReport Table of Contents

NEW MEXICO--DWI/Drug Court Program **** INSERT NOSCRIPT SECTION HERE!! **** NEW MEXICO DWI/Drug Court Program PROJECT CHARACTERISTICS PROGRAM AREA(S) Targets hard-to-reach/at risk population Innovative or non-traditional approach Alcohol and Other Drugs TYPE OF JURISDICTION County TARGETED POPULATION(S) JURISDICTION SIZE Adult Impaired Driving Offenders 500,000 PROBLEM IDENTIFICATION Each year in Bernalillo County, New Mexico, more than 5,000 motorists are arrested for impaired driving. Because the City of Albuquerque is located in Bernalillo County, it is New Mexico's most densely populated county. And although there have been significant changes in the laws regarding impaired driving in New Mexico, 42 percent of fatal motor vehicle crashes statewide are alcohol-related. Motorists driving under the influence of illegal drugs also constitute a significant problem in New Mexico. In fact, of 950 blood samples from DWI suspects tested by the county's Scientific Laboratory Division in 1997, more than half tested positive for drugs as well as alcohol. GOALS AND OBJECTIVES To help reduce recidivism among adult DWI/Drug offenders in Bernalillo County, the Bernalillo County Metro Court developed the DWI/Drug Court Program. The program uses a multi-faceted approach whose objectives include: Intense supervision by a DWI/Drug Court probation officer Mandatory alcohol/drug treatment for offenders Random drug testing Community service Frequent appearances before the DWI/Drug Court Judge STRATEGIES AND ACTIVITIES In New Mexico, a Metropolitan Court has the same jurisdiction as a combined magistrate and municipal court. The Bernalillo County Metro Court organized the DWI/Drug Court Program to reach offenders at different stages of substance abuse. A minimum of nine months is required for a participant to complete all aspects of the program. Primary program activities include: Scheduled meetings with a probation officer Substance abuse counseling and/or group sessions Random urinalysis and breath testing DWI/Drug court appearances Attending Victim Impact Panels and substance abuse 12-step meetings Completing assigned community service activities The final program component is After Care, lasting a minimum of 12 weeks. Mandatory elements of After Care include: Meeting weekly with a volunteer probation officer Attending one counseling session each week Regular attendance at Alcoholics Anonymous Ongoing random urine drug screens and breathalyser testing The DWI/Drug Court Program is voluntary, however, once an offender agrees to participate, non-compliance with any aspect of the program will result in several different sanctions, including jail time, loss of program points, increased treatment services, or having to repeat all program activities. Each participant receives a handbook outlining program requirements, and explaining the point system used by the court. A reward system is used for participants who pay all fees on time, have consistently negative urinalysis results and successfully complete each program activity. Reward incentives include reducing the terms of supervision and the frequency of contacts with probation officers, certificates and mementos. After successfully completing all facets of the program, participants are eligible for a mentor/sponsorship program. The majority of program participants are employed males, with a high school education or higher. The program helps provide the intense supervision and treatment services necessary to successfully treat substance abuse. RESULTS Since its inception, more than 400 impaired driving offenders have participated in the DWI/Drug Court Program. A total of 250 have successfully completed all program activities. The program maintains a retention rate of 70 percent. The DWI/Drug Court Program has achieved a recidivism rate of 9.6 percent for impaired driving offenders in Bernalillo County. FUNDING State: In-kind: $200,000 $300,000 CONTACT Jim Stoker, Coordinator Bernalillo County Metropolitan Court P.O. Box 133 Albuquerque, NM 87103 (505) 841-8184 .. N ATIONAL H IGHWAY T RAFFIC S AFETY A DMINISTRATION S PRING 2001 .

DUI Law

DMV - V.C. Section 23152 - Driving Under Influence of Alcohol or Drugs California Home DMV Home Page Online Services DMV Locations & Hours Publications Forms New Arrivals New to California? FAQs Site Map Title & Registration Information Vehicle Registration Boat Registration License and ID Card Information Driver License ID Cards Commercial License Vehicle Industry & Commercial Permits Special Plates Personalized Plates Disabled Placards Other Information Your DMV Records Other Services About DMV Contact Us Legal Notice and Disclaimer My CA This Site Vehicle Code Driving Under Influence of Alcohol or Drugs 23152 . (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle. (b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person's blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving. (c) It is unlawful for any person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code. (d) It is unlawful for any person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210. In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving. (e) This section shall become operative on January 1, 1992, and shall remain operative until the director determines that federal regulations adopted pursuant to the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. Sec. 2701 et seq.) contained in Section 383.51 or 391.15 of Title 49 of the Code of Federal Regulations do not require the state to prohibit operation of commercial vehicles when the operator has a concentration of alcohol in his or her blood of 0.04 percent by weight or more. (f) The director shall submit a notice of the determination under subdivision (e) to the Secretary of State, and this section shall be repealed upon the receipt of that notice by the Secretary of State. Repealed Ch. 708, Stats. 1990. Effective January 1, 1991. Operative January 1, 1992. Amended Ch. 974, Stats. 1992. Effective September 28, 1992. Amended Sec. 31, Ch. 455, Stats. 1995. Effective September 5, 1995. NOTE: This section remains in effect only until notice by the Secretary of State, at which time it is repealed and the following section becomes effective. 23152 . (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.. (b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person's blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving. (c) It is unlawful for any person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code. (d) This section shall become operative only upon the receipt by the Secretary of State of the notice specified in subdivision (f) of Section 23152, as added by Section 25 of Chapter 1114 of the Statutes of 1989. Amended Ch. 708, Stats. 1990. Effective January 1, 1991. Amended Ch. 974, Stats. 1992. Effective September 28, 1992. Amended Sec. 32, Ch. 455, Stats. 1995. Effective September 5, 1995. Vehicle Code Table of Contents Back to Top of Page © 2003 State of California. Conditions of Use Privacy Policy

Driving Under Influence

Driving Under the Influence (DUI) among Young Persons December 31, 2004 Driving Under the Influence (DUI) among Young Persons In Brief In 2002 and 2003, 21 percent of persons aged 16 to 20 reported that they had driven in the past year while under the influence of alcohol or illicit drugs Among persons aged 16 to 20, whites and American Indians/Alaska Natives were more likely to report DUI than other racial/ethnic groups In 2002 and 2003, approximately 4 percent of persons who reported DUI in the past year had been arrested and booked for DUI in the past year Motor vehicle crashes were the leading cause of death among young persons aged 16 to 20 in 2002. 1 In that year, 6,327 persons aged 16 to 20 were involved in fatal crashes, representing a 10 percent increase since 1999. In addition, 29 percent of drivers aged 15 to 20 who were killed in motor vehicle crashes in 2002 had been drinking alcohol. 2 The National Survey on Drug Use and Health (NSDUH) asks persons aged 12 or older if they had driven a vehicle while under the influence of alcohol or illicit drugs in the past year 3 and if they had been arrested for driving under the influence (DUI). 4 The survey also asks about the use of alcohol and any illicit drugs in the past year and past month. Alcohol measures used in this report include any past month use, binge use, and heavy use. Binge alcohol use is defined as drinking five or more drinks on the same occasion (i.e., at the same time or within a couple of hours of each other) on at least 1 day in the past 30 days. Heavy alcohol use is defined as drinking five or more drinks on the same occasion on each of 5 or more days in the past 30 days; all heavy alcohol users also are binge alcohol users. NSDUH defines "illicit drugs" to include marijuana/hashish, cocaine (including crack), inhalants, hallucinogens, heroin, or prescription-type drugs used nonmedically. This report presents the prevalence of DUI involving alcohol or illicit drugs, as well as the prevalence of being arrested for DUI among persons aged 16 to 20. 5 To improve the reliability of estimates for population subgroups, all estimates presented in this report are annual averages based on combined data from the 2002 and 2003 NSDUH. However, the prevalence of DUI involving alcohol or illicit drugs among persons aged 16 to 20 was lower in 2003 (20 percent) than in 2002 (22 percent). Prevalence of Substance Use and DUI In 2002 and 2003, an annual average of 44 percent of persons aged 16 to 20 had used alcohol in the past month, 30 percent were binge alcohol users, and 10 percent were heavy alcohol users. Approximately 38 percent of this age group had used an illicit drug in the past year. In 2002 and 2003, more than 4 million persons (21 percent) aged 16 to 20 reported DUI involving either alcohol or illicit drugs in the past year (Figure 1). In this age group, 17 percent reported past year DUI involving alcohol, 14 percent reported DUI involving illicit drugs, and 8 percent reported DUI involving a combination of alcohol and illicit drugs used together. Figure 1. Percentages of Persons Aged 16 to 20 Who Reported Driving a Vehicle Under the Influence of Alcohol or Illicit Drugs in the Past Year: 2002 and 2003 Figure 2. Percentages of Persons Aged 16 to 20 Who Reported Driving a Vehicle Under the Influence of Alcohol or Illicit Drugs in the Past Year, by Age: 2002 and 2003 Demographic Differences in DUI Among persons aged 16 to 20, older persons had a higher reported prevalence of DUI involving alcohol or illicit drugs than those who were younger (Figure 2). For example, persons aged 20 were nearly 3 times more likely to have driven under the influence than persons aged 16 (28 vs. 10 percent). Among all persons aged 16 to 20, males (24 percent) were more likely to report DUI involving alcohol or illicit drugs than females (18 percent). Among racial/ethnic groups, whites (26 percent) and American Indians/Alaska Natives (28 percent) were more likely to report DUI involving alcohol or illicit drugs than members of other racial/ethnic groups (Figure 3). In 2002 and 2003, approximately 25 percent of persons aged 16 to 20 who lived in the Midwest reported DUI involving alcohol or illicit drugs in the past year compared with approximately 20 percent in the South and 19 percent of persons in this age group in the Northeast and West. 6 The prevalence of DUI involving alcohol or illicit drugs was highest among persons who lived outside of metropolitan statistical areas (MSAs) (25 percent), followed by persons who lived in small MSAs (23 percent) and persons who lived in large MSAs (19 percent). 7 Figure 3. Percentages of Persons Aged 16 to 20 Who Reported Driving a Vehicle Under the Influence of Alcohol or Illicit Drugs in the Past Year, by Race/Ethnicity: 2002 and 2003 Prevalence of Being Arrested for DUI among Those Reporting DUI Among the estimated 4.2 million persons aged 16 to 20 in 2002 and 2003 who reported DUI involving alcohol or illicit drugs in the past year, approximately 4 percent (169,000 persons) indicated they had been arrested and booked for DUI involving alcohol or drugs in the past year. 8 The percentage of this group who reported being arrested for DUI was higher among males than among females (6 vs. 2 percent). End Notes Centers for Disease Control and Prevention, National Center for Injury Prevention and Control. (2004, November 30). WISQARS leading causes of death reports, 1999 – 2002 . Retrieved December 2, 2004, from http://webapp.cdc.gov/sasweb/ncipc/leadcaus10.html National Highway Traffic Safety Administration. (2003, August). Traffic safety facts 2002: Young drivers . Retrieved December 2, 2004, from http://www-nrd.nhtsa.dot.gov/pdf/nrd-30/NCSA/TSF2002/2002ydrfacts.pdf Respondents were asked, in three different questions, if during the past 12 months they had driven a vehicle while under the influence of (a) alcohol only, (b) illicit drugs only, or (c) a combination of alcohol and illicit drugs used together. Responses to these questions then were recoded to determine the prevalence of DUI involving (a) alcohol, (b) illicit drugs, (c) either alcohol or illicit drugs, or (d) both alcohol and illicit drugs. Respondents were asked if during the past 12 months they had been arrested and booked for DUI involving alcohol or illicit drugs. Persons aged 15 or younger were not included in these analyses because a substantial portion of persons aged 15 or younger are prohibited from driving by State laws. The Midwest has 12 States: IL, IN, IA, KS, MI, MN, MO, NE, ND, OH, SD, and WI. The South has 17 States: AL, AR, DC, DE, FL, GA, KY, LA, MD, MS, NC, OK, SC, TN, TX, VA, and WV. The Northeast has 9 States: CT, MA, ME, NH, NJ, NY, PA, RI, and VT. And the West has 13 States: AK, AZ, CA, CO, HI, ID, MT, NM, NV, OR, UT, WA, and WY. Large metropolitan areas have a population of 1 million or more. Small metropolitan areas have a population of fewer than 1 million. Non-metropolitan areas are outside metropolitan statistical areas (MSAs), as defined by the Office of Management and Budget. See the U.S. Bureau of the Census. (2003, June 12). About metropolitan and micropolitan statistical areas . Retrieved December 1, 2004, from http://www.census.gov/population/www/estimates/aboutmetro.html This excludes an estimated 38,000 persons who reported they had been arrested and booked for DUI in the past year but indicated elsewhere that they had not driven under the influence of alcohol or drugs in the past year. Figure Note Source: SAMHSA 2002 and 2003 NSDUH. The National Survey on Drug Use and Health (NSDUH) is an annual survey sponsored by the Substance Abuse and Mental Health Services Administration (SAMHSA). Prior to 2002, this survey was called the National Household Survey on Drug Abuse (NHSDA). The 2002 data are based on information obtained from 68,126 persons aged 12 or older, including 16,723 persons aged 16 to 20. The 2003 data are based on information obtained from 67,784 persons aged 12 or older, including 16,167 persons aged 16 to 20. The survey collects data by administering questionnaires to a representative sample of the population through face-to-face interviews at their place of residence. The NSDUH Report is prepared by the Office of Applied Studies (OAS), SAMHSA, and by RTI International in Research Triangle Park, North Carolina. (RTI International is a trade name of Research Triangle Institute.) Information and data for this issue are based on the following publications: Office of Applied Studies. (2003). Results from the 2002 National Survey on Drug Use and Health: National findings (DHHS Publication No. SMA 03–3836, NSDUH Series H–22). Rockville, MD: Substance Abuse and Mental Health Services Administration. Office of Applied Studies. (2004). Results from the 2003 National Survey on Drug Use and Health: National findings (DHHS Publication No. SMA 04–3964, NSDUH Series H–25). Rockville, MD: Substance Abuse and Mental Health Services Administration. Also available online: http://www.oas.samhsa.gov . Because of improvements and modifications to the 2002 NSDUH, estimates from the 2002 and 2003 surveys should not be compared with estimates from the 2001 or earlier versions of the survey to examine changes over time. The NSDUH Report (formerly The NHSDA Report ) is published periodically by the Office of Applied Studies, Substance Abuse & Mental Health Services Administration ( SAMHSA ). All material appearing in this report is in the public domain and may be reproduced or copied without permission from SAMHSA . Additional copies of this report or other reports from the Office of Applied Studies are available on-line: http://www.oas.samhsa.gov . Citation of the source is appreciated. For questions about this report please e-mail: shortreports@samhsa.hhs.gov . Click to Return to OAS Home Page Click to Email OAS Data Questions Click For Non-frames / text version of site This page was last updated on December 16, 2004 . SAMHSA, an agency in the Department of Health and Human Services, is the Federal Government's lead agency for improving the quality and availability of substance abuse prevention, addiction treatment, and mental health services in the United States. Privacy Statement | Site Disclaimer | Accessibility What's New Highlights Topics Data Drugs Pubs Short Reports Treatment Help Mail OAS

dui laws, DUI law,

dui laws, DUI LAWS, D.U.I. Laws dui laws in Ontario, Ontario DUI LAWS, ON D.U.I. Laws: driving under the influence laws The words dui laws, DUI law, D.U.I, and "driving under the influence", are usedby DUI lawyers and DUI attorneys in United States DUI Law . The expression "DUI laws" is not found in the CriminalCode of Canada. Canadians use terminology other than DUI laws or "driving underthe influence laws". We use the words "impaired driving laws" or"impaired operation laws", or "impaired care or control laws" but not "driving under the influencelaws"or "driving under impairment laws". In Canadian laws it is any impairment byalcohol or a drug of one's ability to operate a motor vehicle combined withoperation that is forbidden, not "driving under impairment" or"driving under the influence" (DUI). It is also a "DUI laws"criminal offence in Canada to drive having more than 80 milligrams of alcoholper 100 mls of blood whether one's ability to drive is"influenced" (DUI) or not . Canada has two main substantive DUI law criminal offences: impaired operation or careor control , over 80 operation or careor control Section 253. Every one commits an offence who operates a motorvehicle or vessel or operates or assists in the operation of an aircraft orof railway equipment or has the careor control of a motor vehicle, vessel, aircraft or railway equipment,whether it is in motion or not, (a) while the person's ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or (b) having consumed alcohol in such a quantity that the concentration in theperson's blood exceeds eighty milligrams of alcohol in one hundred millilitresof blood. Impaired operation or care or control in Canada includes operation or care orcontrol of a motor vehicle, vessel, or aircraft while one's ability to operateis impaired by alcohol or a drug to any degree of impairment. This DUI offence isproven by evidence of bad driving and various indicia of impairment observedsuch as slurred speech, difficulty with standing walking turning, red glassyglossy bloodshot eyes, dilated pupils, odor odour of an alcoholic beverage,complexion flushed face, and performance on physical tests. The DUI offence of excess blood alcohol or over 80 is usually proven by breathtests that determine blood alcohol concentration using and approved instrumentsuch as a Breathalyzer 900 900A or Intoxilyzer 5000C. Blood tests are used inDUI cases where breath testsare not practical to provide evidence of blood alcohol concentration. Both Canadian DUI laws are federal criminal law offences. The Crown inCanada can prosecute a DUI in either of two ways. DUI offences are hybridoffences in Canada. The Crown may prosecute a DUI offence by indictment (roughlysimilar to a US felony DUI) or they may prosecute a DUI offence by summaryconviction (roughly similar to a US misdemeanor). The local Crown Attorney mustelect whether to proceed with the D.U.I. by indictment or by summary conviction.Until he or she elects, the DUI offence is deemed to be prosecuted byindictment. Most Canadian DUI offences are prosecuted by summary conviction. The usual penalty for a first DUI offence in Canada is a fine. The minimumsecond DUI offence penalty is 14 days in jail. The minimum penalty for a thirdDUI is 90 days in jail. There is always a DUI driving prohibition and the local province will suspend a DUI offender's driver's licence . If a US citizen or other non-Canadian citizen is convicted of a DUI offencein the USA or a dui offence in any country other than Canada, the DUI offenderwill be inadmissibleto Canada on grounds of criminality, unless rehabilitated , because the DUIoffence is deemed to be a Canadian DUI offence and all Canadian DUI offences aredeemed indictable (similar to a US felony - see above) unless the Crown haselected to proceed with the DUI offence by summary conviction (which will neverhave happened because the DUI offense occurred outside Canada. The situationwill be different if the DUI offence occurs in Canada and the Crown elects toproceed by summary conviction which they normally do. Click the banner for more Canadian DUI laws information. DUI LAWS, D.U.I. Laws, or driving under the influencelaws is, however,an important concept used in the United States. For more detailed DUI legalinformation click on one of the links below: Alabama DUI LAWS D.U.I. 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