D.U.I.

first DUI conviction is

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

Division of Drivers Licensing KY Transportation Cabinet Division of Driver Licensing DUI Laws in Kentucky WHAT IS DUI? WHAT DOES IT MEAN? KRS 189A.010 REVISED 10/01/00 DWI/DUI is an abbreviation of driving while under the influence of intoxicants (alcohol) or of any substance or substances which impair driving ability. Other substances can include illegal drugs, prescription drugs, inhalants such as glue, gasoline, spray paint etc., and/or over the counter medications. Kentuckys DUI law has an "Illegal Per Se" provision. "Illegal Per Se" (On the face of or by itself) means it is illegal to drive with a blood or breath alcohol content of 0.08 or higher. Prosecutors no longer have to prove defendants were impaired if they are being tried for the per se clause of K.R.S. 189A.010. Requires that test be given within 2 hours of operation of motor vehicle for results to be admitted into evidence in per se DUI prosecutions. *Operators can be convicted at levels lower than .08 based on other evidence which indicates impairment. *Drivers under the age of 21 are deemed to be under the influence at .02 breath or blood alcohol level. *Commercial vehicle drivers operating commercial vehicles are deemed to be under the influence at a breath or blood alcohol level of .04. Commercial vehicle operators may also be placed out of service for 24 hours for any detectable amount of alcohol or controlled substance in their system. KRS 281A.210 The changes in the new DUI law (Effective 10/01/00) establishes minimum jail times (which cannot be probated, suspended, conditionally discharged or otherwise subject to early release) if convicted of DUI and aggravating circumstance(s) exist: Aggravating Circumstances (KRS 189A.010 [11]) Result in higher minimum jail time: Over 30 mph over speed limit Wrong way on limited access highway Causes accident resulting in death or serious physical injury Alcohol level of .18 or more within 2 hours after operating Refusal to submit to testing Transporting passengers under 12 years of age DUI PENALTIES First Offense Within a Five Year Period $200 - 500 Fine 2 to 30 Days in Jail 90 Day Alcohol or Substance Abuse Program 30 to 120 Day License Suspension Possible 48 Hours - 30 Days Community Labor *If aggravating circumstances present-4 days imprisonment Second Offense Within a Five Year Period $350-500 Fine 10 Days-6 Months Community Labor 7 Days - 6 Months in Jail 1 Yr Alcohol or Substance Abuse Treatment 12 to 18 Month License Suspension *If aggravating circumstances present-14 days imprisonment Third Offense Within a Five Year Period $500 - 1,000 Fine/30 Days-12 Months Jail 10 Day-12 Months Community Labor Year Alcohol or Substance Abuse Treatment 24 to 36 Month License Suspension *If aggravating circumstances present-60 days imprisonment Fourth Offense Within a Five Year Period Class D Felony Minimum Term 120 Days Imprisonment Without Probation 60 Month License Suspension 1 Year Alcohol or Substance Abuse Treatment *If aggravating circumstances present-240 days imprisonment IMPLIED CONSENT Implied Consent applies to any person who operates or is in physical control of a motor vehicle or a vehicle that is not a motor vehicle anywhere in Kentucky. Implied Consent means that when a person operates or is in physical control of a motor vehicle or a vehicle that is not a motor vehicle as defined by statute in Kentucky they have been deemed to have given consent to one (1) or more tests of blood, breath and urine, or combination for the purpose of determining alcohol concentration or presence of a substance which may impair ones driving ability. Only through a test of blood, breath or urine can alcohol levels be accurately measured. The breath test is precise and efficient in measuring BRAC. It analyzes a breath sample to determine the amount of alcohol in the breath. A blood test measures the amount of alcohol in the blood. (Alcohol concentration means either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath) License Suspension for Refusal to Take Alcohol or Subsequent Tests It should be noted that all of the offenses listed below are for refusals within a five year period. 1 st Offense 30 to 120 Days 3 rd Offense 24 to 36 Months 2 nd Offense 12 to 18 Months 4 th Offense or subsequent-60 Months Whether you are found guilty or innocent of the DUI charge, you will remain answerable for the Refusal and risk license suspension. BAC - Stands for B lood A lcohol C oncentration and refers to the amount of ethyl alcohol in the blood. BRAC - Stands for Br eath A lcohol C oncentration and refers to the amount of ethyl alcohol in the breath. Factors Which May Affect Blood Alcohol Concentration Other Factors Which May Affect Your Driving Ability Health Body Weight Food in the Stomach Amount Consumed Rate of Consumption Prescription Drugs Over-the-Counter Drugs Inhalants such as glue, gasoline etc. Illegal Drugs The metabolism of alcohol takes place in the liver. The body can burn approximately ounce of alcohol in one hour. The liver eliminates approximately 90 percent of the alcohol from the body. The rest is eliminated through the lungs, perspiration, and urine. The only thing that sobers you up is time. If you drink or take substances which affect you physically/mentally.. DO NOT DRIVE!!! Open Container Law This new provision prohibits an open alcoholic beverage in the passenger area of a motor vehicle while on the public highways or right of way. To learn more about these laws, visit http://www.nhtsa.dot.gov/people/injury/research/OpenContainer/ . License Plate Confiscation and Ignition Interlocks for Repeat Offenders Ignition Interlock Device Drivers convicted of a second or subsequent DUI will forfeit their license plates to the courts during the period in which the driver license is suspended. The court may order an ignition interlock device to be installed on the violator's vehicle after the driver serves a statutory suspension period. The ignition interlock device prevents a driver from operating that vehicle if the driver's BAC is .02 or greater. Division of Driver Licensing Home Page Page date: 10/24/2005

Driving Under Influence

Kentucky Revised Statutes KentuckyRevised Statutes List by Section StatutesLast Updated June 21, 2005 Includes Enactments through the 2005 Regular Session This page was produced on 6/27/2005 at 1:00:59 PM Terms & Conditions | PDF Viewer KRS Chapter 189A00 .005Definitions for chapter -- License suspensions. .010Operating motor vehicle with alcohol concentration of or above 0.08, or of or above 0.02 for persons under age twenty-one, or while under the influence of alcohol or other substance which impairs driving ability prohibited -- Admissibility of alcohol concentration test results -- Presumptions -- Penalties -- Aggravating circumstances. .020Community labor program -- Terms and conditions. .030Terms of imprisonment for first and second offenders. .040Alcohol or substance abuse treatment and education programs -- Sentencing offenders to programs -- Regulation of programs -- Appeals of decisions regarding licensure of education and treatment facilities and programs. .045Enrollment in alcohol or drug education or treatment programs -- Attendance -- Reporting and effect of failure to attend -- Reporting of completion of program. .050Service fee -- Amount -- Payment -- Remedies for nonpayment -- Use of revenue from fees collected. .060Repealed, 2000. .070License revocations -- Time periods -- Completion of alcohol or substance treatment or education program required before reinstatement. .080Surrender and forwarding of suspended or revoked licenses. .085Surrender and impoundment of motor vehicle license plates -- Hardship exception for affected individuals other than offender. .090Operating motor vehicle while license is revoked or suspended for driving under the influence prohibited -- Operating motor vehicle without required ignition interlock device prohibited -- Penalties. .100Administration of preliminary breath tests -- Visual recording of vehicle pursuits, traffic stops, and field sobriety tests -- Conditions of recording -- Use and destruction of recordings. .103Consent to tests for alcohol concentration or substance which may impair driving ability -- Test procedures -- Who may administer -- Personal testing. .104Alcohol or substance testing subject to refusal or enhancement of penalties under KRS Chapter 189A. .105Effect of refusal to submit to tests -- Information required to be provided when tests requested -- Court-ordered testing -- Right to consult attorney before submitting to tests -- Personal testing option. .107License suspension for refusal to take alcohol or substance tests -- Hearing on alleged refusal --Time period for suspension. .110Minimum detention in custody when blood alcohol reading exceeds .15 percent. .120Prosecutor's duties with regard to amendment of charges -- Amendment of blood alcohol concentration -- Record of charges and amendments. .130Assessment of fines -- Response to nonpayment. .200Pretrial suspension of license of person charged with driving under the influence for refusing to take test, for being a repeat offender, and for causing accident resulting in death or serious physical injury to another person for being a repeat offender -- Hearing -- Length of suspension. .210Duty of court clerk to obtain defendant's driving history record upon arrest for driving while impaired. .220Judicial review of pretrial license suspension for test refusal. .230Repealed, 1996. .240Judicial review of pretrial license suspension for repeat offender. .250Judicial review of pretrial suspension imposed under KRS 189A.200(1)(c). .300Provision of alcohol test instruments to counties. .310Attacking admissibility of prior convictions to enhance penalties-- Procedure -- Standard. .320Court reporting of convictions and license revocations to Transportation Cabinet. .330Reporting by clerk of cases pending more than ninety days -- Actions by Attorney General and Chief Justice. .340Ignition interlock devices. .345Penalties for violation of KRS 189A.410 and 189A.340 governing ignition interlock devices. Hardship Licenses .400District Court jurisdiction over issuance of hardship license -- County attorney's review of application and right to object. .410Purposes for issuance of hardship license -- Use of ignition interlock device may be required -- Prohibition against issuance when alcohol or substance test was refused. .420Required information for issuance of hardship license. .430Permit card and window decal for hardship driving privileges -- Requirement to carry permit -- Penalty for failure to display decal. .440Prohibition against use of vehicle other than for purpose authorized by hardship license -- Penalty -- Penalty for false application statement. .450Service fee for hardship driving privileges. .460Transportation Cabinet's responsibility as to administrative regulations and forms relating to hardship licenses. Previous Chapter | Next Chapter | Title Headings End Of Page

DUI Insurance

Illinois DUI Guide: Car Insurance Everything You Need to Know About First Offender DUI / DWI, Drinking Driving and Drugs Home | State By State Help | DUI Lawyers | Insurance Help | Breath Testers | DUI Videos Other States Illinois Topics Illinois DUI Illinois Car Insurance Illinois DUI Lawyers Illinois DUI Library Google Search Results Illinois Auto Insurance Since 1993, InsureMe has helped countless consumers save money on their auto insurance. Fast, easy and free. With our free service, enter your information once and you are instantly matched with the most competitive companies in the business. You'll get back up to five quotes so you can compare and save. At InsureMe, we shop your insurance so you don't have to. Your privacy is important to us. At InsureMe, we use the highest level of security available to safeguard your personal information. We hate spam just as much as you do, so we'll never sell or rent your email address for mass marketing. Why not get started today? Get Quote Now Home > State By State Help > Illinois DUI > Car Insurance DISCLAIMER : This website provides only general information intended for those charged with drunk driving offenses. The information and news items on the site are for information only. This information is not legal advice, nor is it intended to create any binding advisory relationship. Do not take action based upon this information unless you consult with an attorney or other specialist. © 2005 Drivers Research Institute   All Rights Reserved   Send eMail   Advertise With Us

DWI Education Elder Employment

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Must I take one? - I was recently stopped at a checkpoint and the officer told me to take a breath test because I had a beer earlier in the day. I passed. If I wanted a blood test instead, could I have demanded one? - The officer took my license and served me with a notice of suspension after the breath test. How can he do that if im presumed innocent? - The officer used a penlight. Is this a field sobriety test? - Do I have a right to an attorney when an officer stops me and asked to take a field sobriety test? - What kind of evidence does an officer need to arrest a motorist suspected of drunk driving? - The officer never gave me a miranda warning. Can I get my case dismissed? - If I am arrested and taken into custody to the police station, what chemical tests will be given to determine the level of alcohol in my blood? Do I have a choice? Which should I choose? - What happens if I refuse blood-alcohol testing? - Why am I being charged with two crimes? - Do I need a lawyer or can I represent myself? - What defenses are there in a dui case? - What is a rising bac defense? - What is the punishment for drunk driving? - What is a sentence enhancement? - If I am convicted of drunk driving, can my insurance company raise my auto insurance rates? - What is the criminal statute of limitations on a dui / dwi? - If I was stopped for another traffic violation, can the police also arrest me for a dui or dwi? - After some alcoholic drinks I got into an automoble accident. I was questioned at the scene but not ticketed and rushed to the hospital where blood was drawn as part of hospital procedure. Do the police have access to the hospital/patient information and blood specimens? - I caused an automoble accident involving three other cars while intoxicated. The police at the accident questioned me but never ticketed me. I was sent to the hospital along with the other accident victims. At the hospital my blood was drawn as part of hospital procedure. Do police have access to the hospital/patient information and blood specimens? Breathalyzer, urine, blood tests - If I am arrested and taken into custody to the police station, what chemical tests will be given to determine the level of alcohol in my blood? Do I have a choice? Which should I choose? - What happens if I refuse blood-alcohol testing? - I was recently stopped at a checkpoint and the officer told me to take a breath test because I had a beer earlier in the day. I passed. If I wanted a blood test instead, could I have demanded one? - What happens if a police officer asks me to take a roadside breath test? Must I take one? - The officer took my license and served me with a notice of suspension after the breath test. How can he do that if im presumed innocent? - After some alcoholic drinks I got into an automoble accident. I was questioned at the scene but not ticketed and rushed to the hospital where blood was drawn as part of hospital procedure. Do the police have access to the hospital/patient information and blood specimens? Cough syrup - I took some codeine cough syrup and then got arrested for drunk driving. The blood test showed the codeine, but the alcohol level was not high enough to be a problem. They still charged me with driving under the influence. Should I fight it or plead? Drunk driving arrests - What kind of evidence does an officer need to arrest a motorist suspected of drunk driving? - If I am arrested and taken into custody to the police station, what chemical tests will be given to determine the level of alcohol in my blood? Do I have a choice? Which should I choose? - Why am I being charged with two crimes? Drunk driving defenses - What defenses are there in a dui case? - What is a rising bac defense? - The officer never gave me a miranda warning. Can I get my case dismissed? Insurance - If I am convicted of drunk driving, can my insurance company raise my auto insurance rates? Legal help - Do I have a right to an attorney when an officer stops me and asked to take a field sobriety test? - Do I need a lawyer or can I represent myself? Miranda warning - The officer never gave me a miranda warning. Can I get my case dismissed? Penalties for drunk driving - What is the punishment for drunk driving? - What is a sentence enhancement? Roadside (field sobriety) tests - If a police officer pulls me over, what kinds of roadside tests can the officer ask me to perform? - Do I have a right to an attorney when an officer stops me and asked to take a field sobriety test? - The officer used a penlight. Is this a field sobriety test? - Can I refuse to take field sobriety tests? - What happens if a police officer asks me to take a roadside breath test? Must I take one? - I was recently stopped at a checkpoint and the officer told me to take a breath test because I had a beer earlier in the day. I passed. If I wanted a blood test instead, could I have demanded one? - The officer took my license and served me with a notice of suspension after the breath test. How can he do that if im presumed innocent? - What kind of evidence does an officer need to arrest a motorist suspected of drunk driving? Traffic stops - What do police officers look for when searching for drunk drivers on the highways? - What is the officer looking for during the initial detention at the scene? - If I was stopped for another traffic violation, can the police also arrest me for a dui or dwi? - If im stopped by a police officer and he/she asks me if ive been drinking, what should I say? - I received a dui while living in state a, did not take care of the violation and moved to state b. Is there a statute of limitations on this? If not, what is my best option? 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