California DWI

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Drunk Driving Defense Sites by a dui trial lawyer, dui attorney, duilawyer DRUNK DRIVING DEFENSE SITES ON THE INTERNET Informative DrunkDriving Defense Sites on the Internet: A directory ofsites maintained by Jim Forslund, a DUI defense attorney in Colorado. Linkschecked weekly. Mail proposed additions to links@colorado-dui.com RECIPROCAL LINKS APPRECIATED Name Index dui attorney, dui lawyer A-L M-Z Other Countries dui attorney, dui lawyer Search by City, County, State or Postal Code Also visit DUI Help -the first directory of DUI attorneys on the Net. Alabama Alaska Anchorage Sponsor Attorney Fred Sloane How to Handle Your DUI Arrest Even though you've been arrested for DUI, you don't have to let it ruinyour life. You may not realize it yet, but if you are thinking aboutsimply going to court and pleading guilty to your DUI charge you may becheating yourself. You see, a qualified attorney can review the case for defects, suppressevidence, compel discovery of such things as calibration andmaintenance records for the breath machine, have blood samplesindependently analyzed, obtain expert witnesses all of which may helpyou to win your case at trial. To find out what you need to know about your DUI arrest I've developeda website to give you a wealth of useful information . . . informationwhich will show you how you may be able to save your license and yourfreedom . . . and possibly avoid fines, fees, and sharply increased carinsurance costs of as much as $6,800. For the most part, my easy-to-navigate site has information on it whichyou can't get anywhere else unless you are willing to do a great dealof legal research. When you're on my site, you'll also learn how you can get a free,no-obligation consultation where I'll review your case and show you howI may be able to save your license and your freedom. Alaska DUI Drunk Driving Defense Information Dan Allan : If you are going to drink alcohol and /or consume prescription and/or non-prescription drugs, please do not drive, both for your safety and safety of your fellow citizens. If you drive, or are in actual physical possession, of a motor vehicle, please don't drink alcoholic beverages and/or consume prescription and/or non-prescription drugs. When driving a motor vehicle always observe the speed limit, stop signs and the other rules of the road. Prior to driving please verify that your motor vehicle is free of mechanical defects, such as obscure license plate(s), broken or cracked head or ta il lights, over tinted windows, etc. If you carefully observe and follow the three rules listed above it is extremely unlikely that you will atttract police attention and/or be legally stopped for a DUI investigation. As you may know it is not unlawful to drink alcoholic beveratges and drive, ut it is unlawful to drive if you're impaired by alcohol or drug consuption, or if the datamaster or other chemical test taken within four (4) hours after the alleged offense results in 0.08 grams or more of alcohol per 210 liters of the person's breath. Everyone is aware there are numerous bars, clubs, saloons and restuarants in Alask that serve alcoholic beverages, which establishments host large parking lots where citizens may park their vehicles while inside enjoying the food and/or beverages sold by the proprietor. The large parking lots are open invitations to cutomers to drive in/out. In the unlikely event that you or one of your loved ones are stopped by police after leavig such an establishment (or other place where alcoholic beverages are served) it is suggested that you remain courteous and observe the following steps in dealing with the police. Provide your driver's license, proof of insurance and vehicle registration. Always invoke your RIGHT TO REMAIN SILENT, and do not make any statements and do not answer any questions relating to consuption of alcohol and/or drugs. It will not help you to answer questions or talk to the police. DO NOT TAKE ANY SO-CALLED FIELD SOBRIETY TEST, (such as Horizontal Gaze Nystamus test, Walk-And-Turn, One-Leg Stand, Nose Touch, ABCs, Backwards Count, etc.) DO NOT TAKE APRELIMINARY BREATH TEST in the field. The police often don't ask you, but order you to take these test. There is no penalty for not taking so called Field Sobriety Tests, and it is a mere violation to refuse the preliminary breath tests. These so-called test are unfair (and generally will not help you). If you are arrested and taken to a police sub-station, and are requested to blow into the DATAMASTER device, DO give a sample of your breath by blowing into the device. It is a crime with penalties equal to and as devastating as a DUI CONVICTION. After submitting a sample of your breath DO NOT request an independent blood test and continue to remain silent. DO NOT CONSENT to a search of your person, vehicle or other property. Karen Weimer : Delay getting legal help may damage your chance of a successful outcome in your case. It's especially important to deal with license issues promptly. Claman Law Firm: ... you should know that moving violations can affect your right to drive and your insurance rates and coverage. Josephson & Associates : The U.S. Supreme Court has generally interpreted the Fourth Amendment prohibition against "unreasonable searches and seizures" to impose a warrant requirement upon police officers who wish to perform a valid search or arrest. However, the Court has carved out some exceptions to the warrant requirement, which make certain "seizures" constitutionally permissible in the absence of a warrant. One exception that the Court has recognized is for investigative detentions based on less than probable cause. In 1968, the Court established a notable exception to the warrant requirement in Terry v. Ohio for investigative detentions based on less than probable cause (i.e., sufficient reason based on known facts to believe a crime has been committed). Sidney Billingslea: Insurance companies will most likely raise the premiums of a driver convicted of DUI, depending on the driver's history with the company and the driver's claims record. In addition, an insurance company might cancel the policy of a driver convicted of DUI altogether (especially if the driver is in a preferred class). If the insurance company raises insurance premiums, it will label the convicted driver "high-risk" and the driver will be required to file proof of insurance for three to five years with the state DMV. If the insurance company cancels the policy, the driver will have a cancellation on their claims history, which can make it more difficult for the driver to find another insurer. In some states, insurance companies are even allowed to cancel insurance in the middle of the policy term for customers convicted of DUI. Robert Herz: Many states have "enhanced penalty BAC level" laws that impose harsher penalties for drivers with BAC levels at or above the state's enhanced penalty standards. These laws typically apply to drivers with a particularly high BAC, ranging from .15% to .20%. In addition, all states have "zero tolerance" laws that penalize drivers under age 21 for driving with any trace of alcohol in their systems. Pradell & Associates :Alaskans charged with the crime of driving under the influence of alcohol (DWI)may not be aware that they have important legal rights which will be lost ifthey do not act within seven days of their arrest. Those accused of DWI oftenoverlook the tiny print contained on the temporary license stating that withinseven days, you must request an administrative hearing from the Department ofMotor Vehicles (DMV). If you do not do so, your driver's license willautomatically be suspended and you will lose your right to have a DMV hearing.Even if you win a jury trial on your DWI, your license will still be suspendedif you do not request a DMV hearing within 7 days and win at that hearing. Whatshould you do? One option is to contact an attorney immediately after you havebeen charged to learn your rights and to properly prepare your request foradministrative DMV hearing and submit it in a timely manner. Calling anattorney on the eighth day after you are charged may be a costly error! Jody Brion : Anyone who has ever been accused or charged with a crime knows the importance of having an experienced criminal defense attorney by his or her side. The quality of legal representation can often account for the difference between going to jail and going home to one's family. In addition to loss of freedom, a criminal conviction or even a simple arrest can have life long effects in the areas of employment, family relations, and on the quality of life in general. Regardless of the severity of the crime, you deserve the best legal representation available. Fairbanks Downes, MacDonald & Levengood : DWI cases are unique in the criminal justice system and require experienced and knowledgeable counsel. A charge of DWI can have serious ramifications on a defendant's driver's license, criminal record and ability to work and function in society. Cook,Schuhman & Groseclose :Because of increasing fines, longer license suspensions, and a law making athird offense a felony, it is very important to have a thorough understandingof your legal rights, the evidence against you, and your possible defenses. Before automatically pleading guilty or entering into a rushed plea agreementbecause the breath test machine recorded a score above the legal limit, youshould seek legal assistance. Often, these cases can be successfully defendedbefore a jury. Juneau Thomas Nave : In general, the Sixth Amendment guarantees all criminal defendants the right "to have the assistance of counsel." The U.S. Supreme Court has interpreted the Sixth Amendment right to assistance of counsel to be an absolute right, meaning that it applies to any criminal defendant during all critical stages of a criminal proceeding. Specifically, the right to counsel attaches the moment a criminal case has been initiated, extending to criminal defendants charged with felonies or misdemeanors punishable by imprisonment.In addition, the Court has held that fairness requires courts to provide counsel for criminal defendants who cannot afford to hire a lawyer, unless the criminal defendant has knowingly and intelligently waived the right to assistance of counsel. In fact, convictions obtained in the absence of counsel without a valid waiver are voidable, and may not be used later to establish the guilt of the criminal defendant in a new trial or to enhance punishment in the event of a valid conviction. Arizona Arkansas California Colorado Boulder-Denver-Greeley-Ft. Collins, I-70 Corridor and Beyond Jim Forslund : When you've been arrestedfor a DUI and you don't think it's fair, you need a lawyer who can protect yourrights...make sure you're treated fairly...and who knows how to get results.Drinking and driving offenses. Colorado Springs Stephen Anderson Durango Phillip Snyder :If you have been arrested for an alcohol or substance related driving offense,you could face stiff penalties if convicted--including jail time and a monetaryfine. Hiring a lawyer to review the details of the arrest, the evidenceagainst you, and the mitigating circumstances is an essential ingredient inassuring yourself that the judicial system is treating you fairly. Grand Junction Dick Gurley Pagosa Springs Robin Auld :DUI? Who Says You Have To Lose Your License and Your Freedom? Trinidad Rodolfo Reveles Connecticut Delaware Rahaim & Saints : If you are charged with operating a motor vehicle under the influence of drugs or alcohol, you face serious penalties including fines, potential jail time and license suspension. Your choice of attorney to protect your legal rights and represent your interests could mean the difference between returning to your family or going to jail. Jerry Capone : Every American is entitled to the protection of the first Ten Amendments to our Constitution (the Bill of Rights). These include the right to counsel, the right to be protected against unreasonable searches, the right against self incrimination, the right to confront the prosecution witnesses, the right to be presumed innocent until and unless proven guilty beyond a reasonable doubt. Lyons Law : Under Delaware law it is illegal (as it is in all States) to drive a vehicle under the influence of alcohol or any drug, even if prescribed. There are two ways police attempt to prove a driver was under the influence. Usually, if the driver has taken a chemical test which calculates the amount of alcohol in the blood sample, the police rely on a provision of Delaware law that says that any test result .08 or above, so long as the test was taken within four hours after driving, is an automatic violation of the law. A second way the police sometimes, but far less often, attempt to prove DUI is to rely on all the evidence in the case, arguing that it would lead a reasonable person to conclude that the driver was under the influence. These "no test" cases are easier to defend. For a first offense, a driver can be fined up to $1,150.00 or imprisoned up to six months. In addition, following a conviction, a driver will be required to complete an drinking/driving course at his/her own expense. For a first offense, the fine imposed is usually the minimum fine ($230.00) and a sentence of imprisonment (normally 60 days) is suspended so long as the driver completes the course of instruction Ordered. For a second offense within five years of a first offense, however, the conviction means jail time. Normally, second offenders are sentenced to 60 days although they can be sentenced to as much as 18 months in jail. The 60 days usually amounts to 6-7 days in custody with the balance suspended. Second offense fines may be as low as $575.00 or as much as $2,300.00. The jail sentence required for a second offense cannot be suspended other than as set forth above. In addition, a drinking/driving course will be required. For a third offense, anytime within five years of the first offense, the drinking driver, if convicted, is guilty of a felony under Delaware law and subject to fines between $1,000.00 and $3,000.00 and imprisonment from one year to two years. The minimum one year sentence of imprisonment cannot be suspended until after the Defendant has served at least the first three months. This three months is not subject to any early release, furlough or reduction of any kind. Of course, the course of instruction will also be required. For a fourth offense DUI occurring any time after three prior offenses, the charge becomes a more serious felony punishable by $2,000.00 to $6,000.00 fine and two to five years imprisonment. At least six months of any sentence of imprisonment must be served and is not subject to suspension of any kind. Again, the course of instruction must also be taken. To summarize, for a second, third or fourth or greater offense, in Delaware, the drinking driver, if convicted, will always go to jail. In addition to giving you a ticket charging you with an offense under the above referenced guidelines (note that offenses from other States are also counted so long as they are violations of a Statute similar to Delaware's Statutes), the officer, at the time of arrest, will take your Delaware license and issue you a slip of paper serving as a temporary license. Although the form the police use is somewhat confusing, this temporary license is good for only 15 days and unless you request the Department of Motor Vehicle to schedule a hearing regarding whether or not your license should be taken, the temporary license will expire in 15 days. At that point, you will have no license to drive a vehicle. If you allow the temporary license to expire without requesting a hearing or if you request a hearing and subsequently lose the administrative hearing at the Department of Motor Vehicle, your license will be revoked as follows: (a) If you have taken the chemical test demanded by the police officer at the time of the arrest, your revocation will be a period of three months for a first offense, one year for a second offense and 18 months for more than two offenses. (b) If you refused the chemical test at the time of your arrest, the revocation will be for a period of one year for a first offense, 18 months for a second offense and 24 months for a third or greater offense. In addition to the license revocation set forth above, you will also be required to take a drinking/driving educational course and this course must be completed before your license can be restored. In terms of early reinstatement of driving privileges after revocation by the Department of Motor Vehicle, you will be required to serve at least a six months period of license suspension. Eric Mooney : A jury has a certain number of men and women who are selected to inquire into factual matters in criminal and civil proceedings. The sworn jury is known as the "Trier of Fact" because the jurors contemplate and decide factual issues, not legal issues. For example, a jury may decide what weight to give a piece of evidence or a person's testimony, but it has no authority to decide whether a statute of limitations has run out, or whether evidence is hearsay.There are various types of juries, from grand juries, which decide if a trial should even be pursued, to petit juries, which decide factual issues in criminal and civil trials. Jury Size & Make-UpThe size of a jury will vary from state to state, though 12 is common. Although the U.S. Constitution does not set a certain number of jurors, the U.S. Supreme Court has suggested that as few as 6 jurors is constitutionally permissible. A defendant has the right to an impartial jury composed of a representative cross-section of the community. When selecting the jury, lawyers cannot excuse a juror because of race or sex. This illustrates a court's diligence to reflect the sociological make-up of the community, so no biases arise that were not already present.Right to a JuryFor misdemeanors and felonies, defendants are entitled to sit before their peers and be judged on their guilt or innocence. Generally, conviction for a serious crime cannot occur unless: A jury has delivered a verdict You have waived your right to a jury You have entered a plea of guilty Unanimous VerdictThe U.S. Constitution does not mandate, and federal courts will not require, a jury to reach a unanimous agreement on a verdict. However, many states require juries to reach unanimous verdicts for capital crimes and felonies, but not misdemeanors. Ferry & Joseph :The alcohol you drink, after reaching the stomach, is absorbed into the blood.When the alcohol reaches the brain, it affects a person's judgment,coordination and reaction time. When police officers suspect a person is underthe influence, they usually want to conduct a test to determine blood alcoholconcentration (BAC), the percentage of alcohol in a person's bloodstream. Thefollowing types of tests are permitted: breath, blood and urine. Breath testsare most common, especially when a person is stopped by police while driving amotor vehicle. Blood tests are more common when there has been an accident, orwhere drug usage is suspected. Urine tests are rare. If properly done, allthree tests are regarded as reliable and are admissible in Court to provewhether or not a person is under the influence. Breath tests are not mandatory,but there can be sanctions, such as loss of license and driving privileges, forrefusal. Blood tests are mandatory. Richard Wier :Driving While Intoxicated (DWI) is considered a serious crime in every state.Drinking alcohol or taking drugs may affect your ability to operate cars, boatsor industrial equipment in a safe manner. It is against the law in every stateto drive under the influence of alcohol or drugs if you cannot safely operatethe vehicle. DWI and Driving Under the Influence (DUI) refer to the same crime.If the police observe you driving erratically or violating traffic laws, theyare permitted to stop and question you for a DWI violation. If they suspectthat you are intoxicated, they can ask you to submit to various tests,including a blood alcohol test. Joseph Giordano : Most DUI cases have a criminal side and a civil side. The DUI arrest results in criminal charges, which carry severe penalties. What most drivers do not realize is that a DUI arrest also initiates a civil proceeding against your driving privileges called an administrative license revocation (ALR).If you are charged with DUI in Delaware, you have 15 days to request an administrative license revocation hearing (ALR) to challenge the suspension of your license. If you do not request the hearing within 15 days of your arrest, then your license will automatically be suspended. James Folsom: Being involved in the legal system can be a stressful, frustrating, and intimidating experience for non-lawyers and not just for the people who have been drawn into legal conflicts. Their families face hardships and difficult decisions as well. Florida Georgia Hawaii -Oahu Paul Cunny : The Fourth Amendment expressly protects "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." Usually, the prohibition against unreasonable searches and seizures requires police officers to obtain a warrant before performing a search or arresting someone. Although there are several exceptions to the warrant requirement, police officers cannot normally search someone's home without a warrant. In fact, as people have a heightened expectation of privacy in the home, the U.S. Supreme Court has historically afforded the highest level of protection to the right of privacy in the home. John Burge :Driving Under the Influence of Alcohol, or drugs, is a very common crime. Itusually is heavily enforced, due to close scrutiny by groups such as MothersAgainst Drunk Driving. This crime also effects the most average, everydaycitizens. Since the required blood alcohol content (BAC) is so low (.08) inHawaii, it is easy to get arrested if you have as little as two beers, anddrive. Timothy I. Mac Master :In our country, all persons charged with committing a crime are innocent untilproven guilty. You are legally innocent unless you are proven guilty. Even ifyou were DUI, a knowledgeable and skilled attorney may be able to help you to"stay innocent" by avoiding a conviction. EarlePartington If you are arrested for driving under the influence of intoxicating liquor ordrugs, you are in serious trouble. You will face two separate and complex proceedings, one civil and one criminal, that must be dealt with at the sametime. Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska New Hampshire New Jersey New Mexico Nevada New York North Carolina North Dakota Grand Forks-Fargo Steven Light -sponsor attorney How to Handle Your DUI Arrest Even though you've been arrested for DUI, you don't have to let it ruinyour life. You may not realize it yet, but if you are thinking aboutsimply going to court and pleading guilty to your DUI charge you may becheating yourself. You see, a qualified attorney can review the case for defects, suppressevidence, compel discovery of such things as calibration andmaintenance records for the breath machine, have blood samplesindependently analyzed, obtain expert witnesses all of which may helpyou to win your case at trial. To find out what you need to know about your DUI arrest I've developeda website to give you a wealth of useful information . . . informationwhich will show you how you may be able to save your license and yourfreedom . . . and possibly avoid fines, fees, and sharply increased carinsurance costs of as much as $6,800. For the most part, my easy-to-navigate site has information on it whichyou can't get anywhere else unless you are willing to do a great dealof legal research. When you're on my site, you'll also learn how you can get a free,no-obligation consultation where I'll review your case and show you howI may be able to save your license and your freedom. Omdahl Law Office: These criminal charges as well as rape or theft require the representation of an experienced lawyer. George Ulseth :You can be arrested by driving while over the legal BAC in your state or whileimpaired, however, you need not actually operate the car in order to bearrested. You may be found guilty if you had the capability and power todominate, direct, or regulate the vehicle, regardless of whether you wereexercising that capability or power at the time of the arrest. Simply sittingbehind the wheel with the keys in the ignition can lead to your arrest for DUIby being in "actual physical control" of the car. Kirschner Law Firm : If you are charged with a crime, you are in serious trouble. You can be sent to jail, forced to pay substantial fines, and costs, and can be found civilly liable for the same conduct and be required to pay damages to the alleged victim. It is very important that you obtain experienced, knowledgeable and aggressive representation to handle your case. Ohio Oklahoma Oregon Pennsylvania Rhode Island Cranston Schreiber & Schreiber : The first line of defense is to challenge the reason that you were stopped. There are bad stops! There are many things that you need to do before appearing before a judge. Providence James Howe : If you have been arrested for DUI or DWI in Rhode Island within the last 10 days, you must act quickly to save your license. Even if it has been more than 10 days since the arrest, you may be able to reduce, delay and/or prevent many, if not all, of the DUI arrest consequences. Being arrested for drunk driving, driving under the influence (DUI), or driving while intoxicated (DWI) can be an unsettling proposition, to say the least. A DUI - DWI conviction in Rhode Island carries with it heavy penalties, including: A permanent criminal record Suspension or loss of license Increased insurance rates Community service Possible jail or prison time Alcohol assessment and treatment Probation Vehicle immobilization or forfeiture Serious fines Possible job loss If you have been arrested or accused of drunk driving, DUI, DWI, vehicular homicide, or any other alcohol-related criminal offense, you need to hire well qualified legal counsel. The selection of an experienced attorney is the first step towards regaining control of your life. Pelletier & Mirza : DUI Questions Whatconstitutes 'drunk driving"? Drivingunder the influence of alcohol, as it is usually called, is probablyone of the most commonly committed crimes. Yet, the crime is oftencommitted by non-criminal types-respectable members of the communitywho have never before had any trouble with the law. The driver of amotor vehicle need not be "drunk" to be convicted of operating ordriving under the influence of alcohol. All that need be shown is thatthe driver or operator is affected by the alcohol to the extent whichrenders him or her incapable of safely operating a motor vehicle. Aperson may not seem to be "drunk" but if his or her reflexes have beenimpaired by drinking, he or she can be convicted for driving under theinfluence. Under Rhode Island law, there is no requirement that the driving be on a public road. Aperson may be convicted for operating or driving a vehicle anywhere inthe state. It is conceivable that someone could be convicted fordriving under the influence while he or she was pulling in or backingout of a private driveway or driving in a parking lot. All that need beshown is that the person was driving and was under the influence of anintoxicating liquor to a degree that rendered the driver incapable ofsafe operation at the time he or she was driving. Under Rhode Island 'sdrunk driving law, a person can also be found guilty of driving underthe influence if at the time of driving, he or she had a blood alcoholcontent of . 1 0 or more. The blood alcohol content becomes the crimeitself. Our new law is known as a per se law. What happens if I am stoppedby the police for driving under the influence? If a police officer has reasonable groundsto believe that you are operating a motor vehicle while under theinfluence of an intoxicating liquor, he/she may ask you to performcertain tests, known as field sobriety tests, to determine whether youare actually under the influence of an intoxicating liquor. The fieldsobriety tests vary in number and kind and each police departmentfavors certain tests over others. The standardized field sobriety testsconsist of the "one-leg stand" test, the "walk and turn" test, and the"horizontal gaze nystagmus" test. After completion of the fieldsobriety tests, the police officer may, based upon his or herobservations, arrest you for driving under the influence, advise you ofyour constitutional rights and ask you to submit to a chemical test.Most police departments in Rhode Island use a breath test,although the police actually have the option of giving you either abreath test, a urine test, or a blood test. Under Rhode Island law, you have the right to refuse to take any of the chemicaltests. What happens if I refuse to take a chemical test? In Rhode Island ,anyone who operates a motor vehicle is deemed to have given his/herconsent to take a chemical test if a police officer reasonably believesthat person is driving under the influence of an intoxicating liquor.The following administrative as opposed to criminal, penalties will beimposed after a hearing if you refuse to take a chemical test and are afirst-time offender: A. a minimum fine of $200-$500; B. a highwayassessment fee of $500; C. a criminal/juvenile justice informationsystem's fee of $147; D. 3 to 6 months loss of license; E. 1 0 to 60hours of community service; and F. attendance at a special course forthose convicted of driving while intoxicated. in addition, after thesuspension period has expired you will have to pay a reinstatement feeand additional assessments prior to license reinstatement. Theadministrative penalties are mandatory and cannot be suspended orreduced by an Administrative judge. There are further and stricterpenalties for subsequent violations for the same offense. Some policedepartments are satisfied with an administrative conviction for refusalto submit to a chemical test. Other police departments prosecutecriminally for driving under the influence even without the benefit ofa breath, blood or urine test evidence. Some police departments willprosecute a suspected drunk driver both administratively (for refusal)and criminally (for DWI). What happens if I agree totake a chemical test? As previously stated, most police departments use breathtesting equipment to test the amount of alcohol in a person's blood.The machines test the amount of alcohol a person has in his or herlungs, and make a mathematical computation to convert breath alcohol toblood alcohol. If you agree to take the test the police will have acertified breath test operator utilizing certified breath-testingequipment. The breath test consists of two phases, that is, twoseparate readings are taken at least 30 minutes apart. If your blood-alcohol content (BAC) level is . 1 0 or greater, the police have strongrebuttal evidence of your guilt of driving under the influence. Attrial, the court is allowed to draw the inference that BAC at the timeyou were driving was the same as when the test was administered. If youagree to take the breath test, the police must advise you of your rightto have an additional test taken at your own expense, and the policemust give you reasonable opportunity to exercise this right. Inaddition, in both refusal cases and in drunk driving cases, the policemust advise you immediately after your arrest of your right to beexamined by a physician of your choosing at your expense. What happens if the readingsindicate that I am intoxicated? In RhodeIsland chemical test readings of .1 0 or moreare sufficient, without any further evidence, to sustain a convictionfor driving under the influence of alcohol. You-, of course, have theright to present evidence to rebut any evidence of intoxicationincluding evidence which rebuts or calls into question the chemicaltest result. This rebuttal evidence can take many forms and an attorneyshould be consulted with respect to preparing a defense on any chargeof driving under the influence. What happens if I am foundguilty of driving under the influence? Driving under the influence is a criminaloffense. The minimum penalties for driving under the influence are asfollows: A. a fine of $100-$300; B. 1 0 to 60 hours of communityservice; C. 3 to 6 months loss of license and/or up to one year injail; D. a $500 highway assessment fee; E. a criminal/juvenile justiceinformation system's fee of $147.00; and F. attendance at a specialcourse for those convicted of driving while intoxicated. There arestricter penalties, including a mandatory jail sentence, for second andsubsequent violations and convictions. All of the criminal penalties,including jail sentences for second and third convictions, aremandatory and cannot be suspended or reduced by a judge. Louis Serio: There are very important decisions to be made related to blood tests, breathtests, and a doctor's examination immediately after being arrested. JohnTarantino : Bibliography Warwick Jan Head Drunk driving is not a social problem, it is a crime. The biggest problem tothe individual charged with DUI is that it is one of the few crimes where theprimary evidence against you is provided by you, yourself and without yourconsent. This is done by your mannerisms at the time you're stopped, yourspeech pattern, field sobriety test, the breath test, and in the case of anaccident sometimes a blood test. Woonsocket Richard Kyte : You should consult an attorney for individual advice regarding your own situation. South Carolina South Dakota Day Morris & Schreiber: You should consult an attorney for individual advice regarding your own situation. Jack Hagopian : If you or someone you know is charged with a crime, choosing experienced quality legal representation can be the single most decision made about the case. Every good criminal defense attorney must be a good experienced trial attorney. Every lawyer, like every doctor or other professional, has his first surgery or case. When your future is on the line, you need someone who has the experience to advise you whether to go to trial or not and the reputation to back it up. Quite often, cases do plea bargain at the last minute and it is a great advantage to have an attorney who is known to aggressively try and win cases. Bantz, Gosch & Cremer : There is an inequality of power and material resources in the criminal justice system. The government has a large staff of lawyers, police and agents, sophisticated crime labs and experts, and a huge budget provided by the taxpayers. This gives them a tremendous advantage because the legal system is based on the premise that "the whole truth" is that presented at the trial. If a defendant cannot challenge the government's case, or submit his or her own witnesses, then the jury by default will probably accept as true whatever evidence the prosecutor produces. Timothy Rensch David Palmer : Your right to an impartial trial means that your case should be decided by ajudge or jurors who do not have preconceived notions about the type of offensebeing charged. It also means that your case should be decided by a judge orjurors who have not already made up their mind about your guilt. John Wilka: It is important to remember that not all is lost when you are arrestedit is not against the law to be over the legal limit at police station, only when you are behind the wheel. Tennessee Texas Utah Vermont Bradley Myerson -Manchester Center:In Vermont, a conviction of D.W.I. 1st offense, which includes either OperatingUnder the Influence or Operating With at Least .08% of Alcohol in the body,carries a minimum 90 days license suspension with the maximum fine of $750.00,and Court fees. In addition, you will need to successfully complete alcoholeducation screening, and if necessary counseling (at your expense) in order tobe eligible to get your license back, at which time you would also have to paya $50.00 reinstatement fee. Your auto insurance rates will also skyrocket asyour agent will have to file proof of insurance with the State of Vermont. Ifyou are a licensed driver in another State and are convicted of D.W.I. inVermont, you will be subject to the same fines and penalties, and your right todrive will also be suspended for 90 days. There will almost certainly beconsequences in your Home State which may include license suspension for longerthan 90 days as Vermont will report your suspension to your Home State. I havethe experience, determination and skill to defend your D.W.I. charge and tohelp protect your license. Kramer & Durkin-West Dover: In the event that a criminal charge goes to trial, an individual is entitled tolegal counsel to assist him/her at trial, and to ensure that all constitutionaland statutory protections are extended to the Defendant. Burlington Stephen MacKenzie : Is marijuana decriminalised in Vermont NO! many students mistakenly think that small amounts of marijuana are decriminalised here. Even a small quantity of marijuana can result in a criminal conviction, which will lead to a loss of eligibility for government guaranted student loans, employment opportunities, and other related unpleasantries. Murdoch & Hughes : A recent decision by Judge Kupersmith, relying on a decision of a three-justice panel of the Vermont Supreme Court, calls into question the viability of attacks on the DataMaster machine based upon violations of the fifteen-minute observation. White River Junction Michael Kainen : Frequent Drunk Driving Questions I had a buzz but I was not drunk, how can they get me for DWI/DUI? 1) Thirty years ago drunk driving meant that you were drunk. Public outcry and legislative desires to be tough on drunk driving have brought the legal limit down to .08 in most states. That is the level at which you are presumed impaired. You can be charged with DWI if you have a test below a .08. With field sobriety tests the State only needs to prove that you were slightly impaired. I wasnt even driving when they arrested me, how can they charge me with drunk driving? 2) Usually this happens in a couple of different scenarios. The first is where someone reports that you were driving erratically or that you appeared intoxicated. This person could be a store clerk, a bartender, or an angry spouse. An officer may show up at your door and ask you to submit to a test. Based on a number of factors, you could be charged with DWI/DUI. Another scenario is when someone leaves an establishment and realizes that they shouldnt be driving. They pull to the side of the road and fall asleep. An officer may approach the car to see if the occupant is okay and detect the smell of alcohol during the course of conversation. The officer never has to see you driving the vehicle. If you are in actual physical control of the vehicle, and the officer has probable cause to believe that you are impaired, you can be arrested. Actual physical control can be as simple as having the keys in the ignition while sleeping in the car. I need my license to get to work and to get my kids back and forth to school. Can I pay a higher fine and still keep my license? 3) No. In both Vermont and New Hampshire the suspension is absolute. There is no provision for work licenses or any other type of license that would allow you to operate a motor vehicle while under suspension. My friend was driving when we were in the accident. He took off before the police got there, and they arrested me. How can they do this? 4) You can be arrested if the police have probable cause to believe that you were driving, and you were impaired. You would probably want to take your case to trial. As part of your defense, it would be helpful if you could produce the phantom driver. Im guilty. I know I was wrong, is there anything you can do for me? 5) Maybe. There are very specific procedures that the police need to follow when investigating and processing someone for drunk driving. We can review the procedures to determine whether the officer made an error that would prevent the State from using your test result in court. We can negotiate with the State to try to lessen the impact regarding the amount of fine you could have to pay, or try to plea bargain to a lesser offense. In some instances we can waive your appearance at hearings so that you never need to set foot in a courtroom. I refused to submit to a test when the officer asked me, how can I figure out what my BAC was? 6) We have included a BAC calculator as part of this site. This is not intended to assist someone in determining whether or not they can operate legally (and safely), but merely to provide a guide in determining what your BAC may be. It is important to note that there are a variety of factors that may impact the accuracy of the BAC calculator. Virginia Washington Washington, DC : West Virginia Wisconsin Wyoming Other Countries Australia Canada China Beijing- Chen & Associates Denmark Christian Vinaa : + = England Singapore Raffles Law :When a driver is charged under section 67 or 68, evidence that he had at thematerial time a blood alcohol concentration in excess of 80mg of alcohol in100ml of blood creates a presumption that he was incapable of having propercontrol of the vehicle. The onus then falls on the accused to rebut thepresumption. He may not do so, however, by showing that he has a great capacityfor alcohol, since the specific limit set in section 70 is plainly intended topreclude the individual accused from introducing medical evidence as to hispersonal tolerance for drink. New Zealand Hawke's Bay- Bannister and vonDadelszen :The police officer who is dealing with you in these situations can take twoapproaches. The officer can make it easy for you or he/she can make it hard foryou. Invariably, if you, as a potential offender, are arrogant, obnoxious orabusive, you will be dealt with differently than a person who is polite andcordial. After all, it is the police who decide whether or not to release youthat evening. In many cases, the police will give a non-demanding offender alift home. Those who are offensive will, at the worst, find themselves lockedup in the cells to "sober up" or, at best, find themselves walking home.

California DUI Laws,Criminal Laws California DWILaws DUI DWI: International Referral Database of DUI, DWI, Impairedand DrunkDriving, Drinking and Driving, Lawyers & Attorneys State orProvince | County | Region | Attorneys | Courthouses | License & Traffic Offices | Legislation | Instruments | Standards | Experts | Articles Add Attorney | Add Courthouse | AddDMV Office | Add Legislation | AddInstrument | Add Standards Home | Debate | AddingYour Firm | Words are used in Canada? DUI | DWI | DrunkDriving | Drinkingand Driving | DUI Laws | DWILaws | Ontariodui | Ontario dui laws | ImpairedDriving | TorontoDUI | BramptonDUI | MississaugaDUI DUI : Driving Under the Influence; DWI : Driving While Intoxicated;OUI: Operating Under the Inflence; OWI: Operating While Intoxicated; ImpairedDriving: Impaired in Canada to Slightest Degree; Over 80: Excess BAC alcohol inCanada over 80 mg/100mL; Care or Control: Occupy seat normallyoccupied by operator in Canada, act or series of acts involving useof car , fittings or equipment Sponsored by: Case Briefs www.casebriefs.net D atabase F or C anadian C riminal L aw | Summariesof DUI Law DWI Law California | Law | FirstAppearance | Practice Descriptions | Local Data | Courthouses | Licenses Law Offices of William C. Makler , CA DUI Law, DWI Laws Unlawful to drive while impaired by alcohol and/or drugs and unlawful to drive with a blood alcohol content of .08% or greater in your blood. A lower standard applies to those under 21. Takakjian, Sowers & Sitkoff LLP - Certified Specialist Criminal Defense & DUI - DMV Law , CA DUI Law, DWI Laws First of all, we are sorry if you have been recently arrested for a DUI. And we hope that if you or a family member have been in a traffic collision that you are okay. But it is very important to learn right away if you received a temporary driver's license from the arresting officer. On that form you will see that the DMV must be contacted within ten days of arrest to request a hearing to stop your automatic driver's license suspension! Otherwise, on a first offense, your driver license could be suspended for 4 months and on a second offense, a one year license suspension! Also, please note that if you are subsequently caught driving on a suspended license, a new law says that in addition to being arrested the car you are driving will be impounded and can even be sold! However, you may still qualify for a restricted license! We have been handling DMV license suspension hearings for many years and we are quite successful at representing our clients. Our firm would be happy to contact DMV for you so you can continue to drive. You should know that an arrest can be made at any blood alcohol level. Some counties routinely prosecute people with levels as low as 0.05% BAC. Often the decision to arrest is dependent on the performance on the field sobriety tests ("FST's") and the driving pattern (e.g., weaving, speeding or a traffic accident). Also, an officer can arrest for simply being under the influence of alcohol without any reference to the blood alcohol level at all! The consequences of a DUI conviction are severe. The conviction is on your record for seven years. And a conviction is "priorable" which means an additional offense within seven years has increased penalties (jail, lengthy alcohol programs, loss of license, large fines, etc.). There is a considerable amount of research that an attorney needs to do to defend a DUI case in court and DMV drivers license suspension action. For instance, if someone takes a breath test, the machine maintenance and calibration records as well as the officer's radio logs should be requested to see if the machine is working properly and whether the officer spent the required 15 minutes of observation time prior to the breath test (required by Title 17 of the California Code of Regulations). If someone takes a blood test, then their attorney should request a "blood split" and have the sample sent to an independent lab for testing for preservative and to confirm the blood alcohol level! Also, if it has only been a short time since the last drink was consumed (usually within an hour of the traffic stop or accident), then some of the recently consumed alcohol may still be in the stomach and not even been digested yet. However, when a blood sample is taken an hour or so after driving that alcohol reading is actually higher than it really was at the time of driving! This is called a "Rising Blood Alcohol Defense" and is very persuasive in low blood alcohol level cases. There are many more defenses that may apply to your case. Each of our partners is a former District Attorney. We would be happy to further discuss your case with you. Please do not hesitate to contact us. We have offices throughout California and our fees are reasonable. Please call us and ask for a case analyst. The call is free and the initial consultation is free. But DUI penalties are severe. Don't simply plead guilty without seeing what a very experienced law firm can do for you. Our 24-hour telephone number is 1-800-327-4652. San Luis Obispo DUI Lawyer , CA DUI Law, DWI Laws As a local San Luis Obispo Criminal Defense Attorney I help people who find themselves accusedof a San Luis Obispo crime, or facing a San Luis Obispo Juvenile Case, DUI or DMV matteranywhere in San Luis Obispo County. We never lose sight of our law firms fundamentalcommitment to do all we can to help people who are facing legal problems. We believe that everyperson is entitled to the highest quality Attorney and defense when they are facing the loss of theirfreedom, loss of their job or loss of their driving privilege. The San Luis Obispo Criminal DefenseAttorney firm provides convenient, local and accessible legal services throughout San Luis Obispoand San Luis Obispo County with full service DUI and criminal defense representation in San LuisObispo, Grover Beach, Pismo Beach, Paso Robles, Morro Bay and Santa Maria. As A Local SanLuis Obispo Attorney I can go to Court for you on certain cases avoiding stress and anxiety. Allen & Ehrle , CA DUI Law, DWI Laws A conviction of DUI for a first offender carries the possibility of up to six (6) months in jail, a 1,000 fine, or both. Additionally, probation is usually required, as well as an alcohol education program which is required as a condition of probation. A license restriction may be imposed by the Court, and you car can be ordered impounded. Your insurance rates will increase dramatically, or you may be "cancelled". If you drive for a living, you may lose your job.For second and third offenders, the situation is much more serious. Depending upon the county in which you are arrested, convicted second offenders can expect to spend time in jail. Often the jail sentence can be negotiated to be on week-ends to allow a person to continue their job. Alternatives to actual confinement, such as working for on public works projects, or the "house arrest" program, are possible.The Department of Motor Vehicles will automatically suspend your license if they have evidence you were driving under the influence of alcohol. No doubt the police have taken your license and given you a DMV form that acts as a temporary license and "explains" the hearing process. For the first offender, this mandatory DMV suspension is 120 days, but can be reduced by entering an Alcohol Education Program.If you refused a chemical test, or have been previously been convicted of driving under the influence within the past seven (7) years, the DMV will suspend your license for at least one (1) year. The DMV proceeding is separate and apart from the Court proceeding. Our office provides complete representation at all DMV proceedings and will aggressively seek to protect your driver's license. Please see our DMV page for more detailed information. Braden & Tucci, A Professional Law Corporation , CA DUI Law, DWI Laws Please add data. Kapsack & Bair, LLP , CA DUI Law, DWI Laws First offense DUI conviction in the Bay Area requires: 2 days minimum jail time; fines of about 1500 dollars, DUI School of 15 weeks, and loss of license for 30 days followed by a 90 restriction.Second Offenses increase the jail time to ten days and the school to 18 months with a ONE year license loss.Third offense is sever license loss and 120 minimum jail time. Law Offices of Lawrence Taylor Inc. , CA DUI Law, DWI Laws DUI and per se (.08%) laws, with "Administrative Per Se" automatic license suspension; drivers under 21 face .01% "zero tolerance" suspension. Complex sentencing provisions. 10-day demand requirement for DMV suspension hearing. Option of breath or blood testing. See the California DUI Law Center or California DUI for complete law information. Campbell & DeMetrick , CA DUI Law, DWI Laws See our web page. Law Offices of Barry T. Simons , CA DUI Law, DWI Laws In California, any person who drives a motor vehicle with a blood or breath alcohol concentration of .08% or greater or, who drives while under the influence of alcohol, drugs or a combination thereof is guilty of a misdeamenor unless there is bodily injury or qualified prior convictions which will elevate the offense to a felony. Prior offenses increase both jail time and license suspensions. The Center for DUI & Criminal Defense , CA DUI Law, DWI Laws Please add data. San Diego County DUI Law Center, a Professional Corporation , CA DUI Law, DWI Laws Criminal (Misdemeanor) Sentences for Driving Under the Influence of alcohol and/or drugs (Vehicle Code Section 23152)OFFENSE MINIMUM AND MAXIMUM SENTENCES WHEN PROBATION IS GRANTED MINIMUM AND MAXIMUM SENTENCES WITHOUT PROBATION WITH OR WITHOUT PROBATION FIRST OFFENSEwithin 7 years Attendance at an alcohol/drug program, a fine of 390 to 1,000, plus substantial, mandatory penalty assessments (totalling up to an additional 180% apx.), plus either (A) 48 hours to 6 months jail and 6 months license suspension; or (B) a 90-day license restriction to and from work, during work and to and from DUI program following any DMV suspension (if no refusal). 96 hours to 6 months in jail, 390 to 1,000 fine, and a 6-month license suspension. May impound vehicle for 6 months.Up to 3 years ignition interlock device (IID), and Additional Jail if Child Passenger, if 30 mph over speed limit on freeway or if 20 mph over speed limit on other roads, if Refusal of chemical test, or if .20% BAC or more. SECOND OFFENSEwithin 7 years Attendance at 18-30 month alcohol/drug program, a fine of 390 to 1,000 plus substantial, mandatory penalty assessments, 96 hours to 1 year in jail, installation of ignition interlock (IID) device for up to 3 years, and 2 year license suspension, with a possible license restriction to and from work, during work and to and from DUI program after 1 year of suspension and enrollment in DUI program (Helpful note: earlier court restriction can be requested but is only available if you & your DUI/DMV attorney prevail at DMV administrative per se license suspension hearing). However, your license shall be suspended if the offense occurred in a vehicle which requires a class 1, 2, A or B license. 90 days to 1 year in jail, 390 to 1,000 fine plus substantial, mandatory penalty assessments, IID up to 3 years, and 2 year license suspension. THIRD OFFENSE within 7 years 120 days to 1 year in jail, 390 to 1,000 fine plus substantial, mandatory penalty assessments, a 3-year license revocation, and an 18-month alcohol/drug program if you have not completed one before. 120 days to 1 year in jail, 390 to 1,000 fine, and a 3-year license revocation. FOURTH OR SUBSEQUENT OFFENSEwithin 7 years 120 days to 1 year in jail, 390 to 1,000 fine plus substantial, mandatory penalty assessments, a 4-year license revocation, and an 18-month alcohol/drug program if you have not completed one before. 16 months, or 2 or 3 years in state prison, or 180 days to 1 year in county jail; 390 to 1,000 fine, and a 4-year license revocation. DMV Penalties for Driving Under the Influence of alcohol and/or drugs OFFENSE BOH/REFUSAL SENTENCE FIRST OFFENSE .08 or greater 4-month suspension "" Refusal 1 year suspension SECOND OFFENSEwithin 7 years .08 or greater 1 year suspension "" Refusal 2 year revocation THIRD OFFENSEwithin 7 years .08 or greater 3 year revocation "" Refusal 3 year revocation FOURTH OFFENSEwithin 7 years .08 or greater 4 year revocation "" Refusal 4 year revocation Joshua M. Dale, Esq. , CA DUI Law, DWI Laws Remember, you can always defendyour DUI charge . Being arrested for DUI can be traumatic and embarrassing. Getting yourdrivers license confiscated on the spot by a police officer, is sudden andunexpected. If you are an outof state driver , your rights upon arrest slightly differ. At this difficult time, an attorney can help you protect all your legalrights and make sure you dont get taken advantage of. Your attorney shouldtry to save your license at the DMV and the court house. Almost all attorneys offer a free officeconsultation . Use this freeconsultation to get a legal opinion about the issues in your case, and to findanswers to any DUIquestions you may have. The attorneywill help you evaluate your chances for a good defense. You should know thatattorney fees are based on a sliding scale and an easy payment plan can bearranged. Frequently Asked Questions About DUI In California: Q. Why should I see an attorney about my DUI? A. A DUI is a felony ormisdemeanor criminal offense, not just a traffic ticket. If you are convicted ofa DUI, there are mandatory legal penalties. Your drivers license isautomatically suspended unless you fight. Your auto insurance rates willskyrocket, and the conviction may be added to your credit report. If you hold aprofessional license, a conviction must usually be reported to your governingagency. In short, you have a lot to lose. So it makes good sense to see if youcan defend yourself against these charges. An experienced criminal attorney canreview the facts of your case to find legal defenses to the charges. Q. What should I look for in a defense attorney? A. Most attorneys do notpractice criminal law, and you need a specialist to defend your rights. Whenyoure looking for a criminal attorney, you should evaluate the initialinterview carefully. You should feel comfortable with the attorney and confidentin his or her ability in this type of case. When you have questions, make suretheyre answered to your satisfaction. Some firms use paralegals orsecretaries to interview clients. Be sure you talk directly with a competentcriminal defense attorney. Q. Could I represent myself in court or DMV? A. Do-it-yourself legal workdoesnt make much sense. DUI is a criminal matter and there are stiffpenalties. Take it seriously. Q. What if I cant appear in court? A. Your attorney can appear for you incourt in most cases. You dont have to be present. Q. Can I discuss my case with family members, friends, or coworkers? A. No,dont. If you discuss your arrest with others, they can be called as witnessesby the prosecution. Your attorney cant be a witness against you. Tellingpeople about your arrest can damage your reputation, upset your loved ones, andmay jeopardize your job. You should discuss your case only with your lawyer. Q. Can you guarantee results? A. Beware of any attorney who guaranteesresults. In the law, as in most other areas of life, absolute certainty is notpossible. However, the best results in any case always come from a goodprofessional relationship with a competent attorney. Q. Can I get my drivers license back? A. Possibly. Each case has its ownspecial facts, and there are valid legal defenses that can be used against yourDMV license suspension. One or more defenses may apply in your case. Q. What is the DMV hearing about? A. The DMV has the right to suspend orrevoke your drivers license if you dont challenge the action. To do this,they decide whether the police officer had a legal right to stop you and a legalright to arrest you. Then, depending on the test you took, they also decidewhether your blood alcohol content was legally above the limit. Hearings fortest refusal cases are held in much the same way. Law Offices of George A. Boyle , CA DUI Law, DWI Laws First DUI:Jail 48 Hours to 6 Months Probation 3-5 Years Fine generally around $1,500 total License Restriction 90 Days minimum License Suspension 6 Months maximumMandatory Education and Victim AwarenessDMV penalties are in addition to criminal penalties Law Offices of George A. Boyle , CA DUI Law, DWI Laws First DUI:Jail 48 Hours to 6 Months Probation 3-5 Years Fine generally around $1,500 total License Restriction 90 Days minimum License Suspension 6 Months maximumMandatory Education and Victim AwarenessDMV penalties are in addition to criminal penalties Law Offices of Mary Frances Prevost , CA DUI Law, DWI Laws - Taft Attorneys , CA DUI Law, DWI Laws Kern County , Bakersfield , Lamont , Shafter , Taft , Mojave , Delano , and Lake Isabella, Lake Buena Vista Southern California DUI Defense , CA DUI Law, DWI Laws Usually in a DUI case, you will be charged with two separate criminal offenses:Section 23152 (a) of the California Vehicle Code, driving under the influence; and,Section 23152 (b) of the California Vehicle Code, driving with a blood alcohol level of .08% or higher. Southern California Criminal Defense Lawyer , CA DUI Law, DWI Laws Please go to my website at www.bestlegaldefense.com - , CA DUI Law, DWI Laws Please add data. Matt Ruff & Bruce Blythe , CA DUI Law, DWI Laws Please add data. Lamont DUI , Traffic and Criminal Defense Attorney , CA DUI Law, DWI Laws When a California driver is arrested the law requires he or she be given a choice of a breath or blood test. If (1) a breath test indicates .08% blood-alcohol or more, or (2) a blood (or, if neither breath nor blood are available, urine) is taken for later analysis, or (3) the individual refuses to submit to chemical testing, his driver's license is immediately confiscated by the police (unless it is an out-of-state license) and he is issued a pink sheet of paper. This paper serves as (1) a formal notice of immediate suspension, (2) a temporary license valid for 30 days, and (3) a technical explanation of the laws and procedures involved. After a DUI arrest the individual has ten days within which to request an administrative hearing through the Drivers Safety Office of the Department of Motor Vehicles (DMV) to contest the suspension. This is called the Administrative Per Se Suspension ("APS"). It is CRITICAL that the DMV be contacted by the individual's attorney within 10 calendar days of the arrest. On the 11th day, the DMV will refuse to provide a hearing and the suspension will automatically take effect in 30 days. If an attorney has not been retained within the 10-day window, the individual should try to contact the local Drivers Safety Office himself. In Southern California these offices are located in El Segundo, City of Commerce, Irvine, San Bernardino and San Diego. In Kern County the offices are located in Fresno and Bakersfield. The hearing ideally should be set up through an attorney familiar with DUI and DMV APS matters. There is a good chance of having the suspension thrown out; the worst thing that can happen is that the same suspension will simply take effect, but due to the stay often far later than 30 days. If this is a first Dui offense within 10 years, the license will be suspended for a minimum of 4 months. This can be reduced to 1 month followed by 5 months of work restriction if the individual files proof of enrollment in a DUI school and proof of insurance (the "SR-22" form). If the case involves a refusal to submit to chemical testing, the suspension is for 1 year; no work restriction is possible. A 2nd offense within 10 years carries a 1-year suspension, 2 years if a refusal, again no restriction is possible. If under 21 a 1 year suspension will result. In most cases, due to work overload, the DMV will be unable to provide a hearing before the 30-day temporary license expires. In that event, the lawyer should demand -- and will receive -- an extension of the temporary license (called a "stay") until the hearing is provided and a subsequent decision rendered. This "APS" suspension is based upon California's so-called "implied consent" laws: any person driving in this state is "presumed" to impliedly consent to chemical testing if he is suspected of drunk driving. It would certainly seem, however, that the procedure violates the U.S. Constitution. First, there appears to be a presumption of guilt and lack of due process: the officer is judge, jury and executioner. Second, it would seem to constitute "double jeopardy": the individual is being charged with a criminal offense and punished (including a license restriction) in court -- and then is accused in a separate proceeding and punished again with a license suspension. The courts, however, have used strained logic in concluding that one is criminal and the other administrative -- a license suspension is simply an "administrative sanction", not a "punishment"! The hearing is conducted by a hearing officer who is an employee of the DMV. This person, although not legally trained, will act as the "judge" -- and also as the prosecutor! He or she can, for example, rule on his own objections. The hearing is conducted like a miniature trial, but without jury and with somewhat different rules of evidence. The defenses tend to be more technical than in court, with procedural and bureaucratic errors often the grounds for a "set-aside" of the suspension. Because of the technical nature of these hearings and the lack of an independent judge, it is inadvisable to attempt to represent yourself. And because they are not criminal in nature, public defenders are unavailable. A DMV attorney on your side can at the very least level the playing field. Testimony can be produced by both sides, although the hearing officer usually only produces documents, such as police reports, laboratory reports and the officer's sworn affidavit. Because there is no Fifth Amendment right at the hearing, the attorney may or may not choose to have the client at the hearing since he can be called by the hearing officer as a witness. A decision is usually not rendered until some days or even weeks after the hearing. If adverse, the decision can be appealed to the DMV in Sacramento and/or to the courts by filing a "writ".Please go to our official website at www.lamontattorney.com for additional information California Moore law firm , CA DUI Law, DWI Laws Violation of 232152 a) or b) is a misdemeanor crime. (BAC .08 per se)A misdemeanor driving under the influence charges means that the charge involved no injury or property damage and the penalty is up to 12 months in County jail. Minimum with probation is 48 hours in "jail" (alternative work programs may be available).A felony DUI ( 23153 vehicle code) involves either: 1. injury, or 2. three prior convictions within 7 years (and other situations). Penalties could be as much as 12 months in County Jail or years in a state prison.Right to request a hearing from the DMV within 10 days of receipt of license suspension. See DUI web site for complete information: www.moorelawfirm.com Bruce Blythe & Matt Ruff , CA DUI Law, DWI Laws Kern County , Bakersfield , Lamont , Shafter ,Wasco, Delano, Taft , Mojave , Delano , and Lake Isabella. Robert L. Miller & Associates, A Law Corporation , CA DUI Law, DWI Laws California law applies two charges to the drinking driver - a Vehicle Code section 23152(a) count, driving impaired by alcohol, and 23152(b), driving above a .08% Blood Alcohol Content. California's Admin Per Se suspension gives you a temporary right to drive for 30 days, after which the driver's license is suspended until further action. Southern California DUI Attorney , CA DUI Law, DWI Laws When a California driver is arrested for a DUI, California law requires he or she be given a choice of a breath or blood test. If (1) a breath test indicates .08% blood-alcohol or more, or (2) a blood (or, if neither breath nor blood are available, urine) is taken for later analysis, or (3) the individual refuses to submit to chemical testing, his driver's license is immediately confiscated by the police (unless it is an out-of-state license) and he is issued a pink sheet of paper. This paper serves as (1) a formal notice of immediate suspension, (2) a temporary license valid for 30 days, and (3) a technical explanation of the laws and procedures involved. After a DUI arrest the individual has ten days within which to request an administrative hearing through the Drivers Safety Office of the Department of Motor Vehicles (DMV) to contest the suspension. This is called the Administrative Per Se Suspension ("APS"). It is CRITICAL that the DMV be contacted by the individual's attorney within 10 calendar days of the arrest. On the 11th day, the DMV will refuse to provide a hearing and the suspension will automatically take effect in 30 days.If an attorney has not been retained within the 10-day window, the individual should try to contact the local Drivers Safety Office himself. In Southern California these offices are located in El Segundo, City of Commerce, Irvine, San Bernardino and San Diego. In Kern County the offices are located in Fresno and Bakersfield.The hearing ideally should be set up through an attorney familiar with DUI and DMV APS matters. There is a good chance of having the suspension thrown out; the worst thing that can happen is that the same suspension will simply take effect, but due to the stay often far later than 30 days. If this is a first DUI offense within 10 years, the license will be suspended for a minimum of 4 months. This can be reduced to 1 month followed by 5 months of work restriction if the individual files proof of enrollment in a DUI school and proof of insurance (the "SR-22" form). If the case involves a refusal to submit to chemical testing, the suspension is for 1 year; no work restriction is possible. A 2nd offense within 10 years carries a 1-year suspension, 2 years if a refusal, again no restriction is possible. If under 21 a 1 year suspension will result.In most cases, due to work overload, the DMV will be unable to provide a hearing before the 30-day temporary license expires. In that event, the lawyer should demand -- and will receive -- an extension of the temporary license (called a "stay") until the hearing is provided and a subsequent decision rendered.This "APS" suspension is based upon California's so-called "implied consent" laws: any person driving in this state is "presumed" to impliedly consent to chemical testing if he is suspected of drunk driving. It would certainly seem, however, that the procedure violates the U.S. Constitution. First, there appears to be a presumption of guilt and lack of due process: the officer is judge, jury and executioner. Second, it would seem to constitute "double jeopardy": the individual is being charged with a criminal offense and punished (including a license restriction) in court -- and then is accused in a separate proceeding and punished again with a license suspension. The courts, however, have used strained logic in concluding that one is criminal and the other administrative -- a license suspension is simply an "administrative sanction", not a "punishment"!The hearing is conducted by a hearing officer who is an employee of the DMV. This person, although not legally trained, will act as the "judge" -- and also as the prosecutor! He or she can, for example, rule on his own objections. The hearing is conducted like a miniature trial, but without jury and with somewhat different rules of evidence. The defenses tend to be more technical than in court, with procedural and bureaucratic errors often the grounds for a "set-aside" of the suspension. Because of the technical nature of these hearings and the lack of an independent judge, it is inadvisable to attempt to represent yourself. And because they are not criminal in nature, public defenders are unavailable. A DMV attorney on your side can at the very least level the playing field.Testimony can be produced by both sides, although the hearing officer usually only produces documents, such as police reports, laboratory reports and the officer's sworn affidavit. Because there is no Fifth Amendment right at the hearing, the attorney may or may not choose to have the client at the hearing since he can be called by the hearing officer as a witness. A decision is usually not rendered until some days or even weeks after the hearing. If adverse, the decision can be appealed to the DMV in Sacramento and/or to the courts by filing a "writ". Another way around the DMV APS suspension is to obtain an acquittal in the criminal court on the DUI "B" count. Law Office , CA DUI Law, DWI Laws Please add data. Law Office , CA DUI Law, DWI Laws Please add data. Attorney at Law , CA DUI Law, DWI Laws Please add data. Darren T. Kavinoky , CA DUI Law, DWI Laws When someone is arrested for DUI ,there are really two separate cases being prosecuted against the accused: The DMV case, where the drivers license can be taken away; and The criminal case that can result in jail, fines, an ignition interlock device being installed in the car, alcohol education classes, community service, impounding the defendants vehicle, or a combination of these things, depending upon the facts of the case. DMV Case If you have been arrested for Drunk Driving,you must request a DMV hearing within 10 days of your arrest. If you do notrequest a D.M.V. hearing within 10 days of your arrest, your license will beautomatically suspended or revoked 30 days after your arrest. As a courtesy, you may download a DMVhearing request , which must be faxed to the DMVoffice nearest to the location of your arrest. THE D.M.V. OFFICES AND FAXNUMBERS AND ARE LISTED ON THE FORM. Fill in the blanks, including your name,drivers license number, the date of your arrest, the arresting agency(Police, Sheriff, or C.H.P.), and the location of arrest (major cross streets,or at least the city, if known). FAX THIS FORM TO THE D.M.V. DRIVER SAFETYOFFICE NEAREST TO THE LOCATION OF YOUR ARREST. THE LOCATIONS AND FAX NUMBERS AREON THE FORM. Even if 10 days have passed, it may be possibleto get a DMVhearing , depending upon the facts of your case. If you are beyond 10 days,download and fax this hearing request at once, and contact a lawyer immediatelyto try to protect your rights. The Criminal Case The basic DUI law can be found in CaliforniaVehicle Code sections 23152 and 23153 . In order to convict a person of D.U.I., theprosecutor must prove beyond a reasonable doubt that the accused drove a vehiclewhile underthe influence of drugs , alcohol, or both; or, that the accused drove avehicle with .08 or more, by weight, of alcohol in the blood. See BloodAlcohol Calculator . There are special laws in California forpersons under 21 who arearrested for DUI . Just like with people over 21, there are two separateprosecutions. However, the punishment is more severe for persons under 21,especially with the DMV under Californias Zero Tolerance laws. A D.U.I. case may be charged as a felony(meaning the punishment can be a term in state prison for a minimum of 16 months) where someone isinjured, or where the accused has three or more priorDUI convictions . (Note that certain related charges, such as wetreckless driving may count as a prior D.U.I. conviction for this purpose.)These violations must have happened within seven years of the new charge tocount against the accused as a prior conviction. Remember, there are two ways to be convicted ofD.U.I.: Failing to operate a vehicle with the same caution characteristic of a sober person under the same or similar conditions (being a sloppy driver as the result of drinking or taking drugs); or Driving a vehicle while having .08 or more, by weight, of alcohol in the blood. See Blood Alcohol Calculator . Submit a FREE CASEEVALUATION FORM AND SCHEDULE A FREE TELEPHONECONSULTATION . Additional Information: DrunkDriving Laws Los Angeles DUI Attorney , CA DUI Law, DWI Laws When a California driver is arrested for a DUI in Los Angeles, California law requires he or she be given a choice of a breath or blood test. If (1) a breath test indicates .08% blood-alcohol or more, or (2) a blood (or, if neither breath nor blood are available, urine) is taken for later analysis, or (3) the individual refuses to submit to chemical testing, his driver's license is immediately confiscated by the police (unless it is an out-of-state license) and he is issued a pink sheet of paper. This paper serves as (1) a formal notice of immediate suspension, (2) a temporary license valid for 30 days, and (3) a technical explanation of the laws and procedures involved. After a DUI arrest the individual has ten days within which to request an administrative hearing through the Drivers Safety Office of the Department of Motor Vehicles (DMV) to contest the suspension. (There are a number of offices throughout them Los Angeles area) This is is called the Administrative Per Se Suspension ("APS"). It is CRITICAL that the DMV be contacted by the individual's attorney within 10 calendar days of the arrest. On the 11th day, the DMV will refuse to provide a hearing and the suspension will automatically take effect in 30 days. If an attorney has not been retained within the 10-day window, the individual should try to contact the local Drivers Safety Office himself. In Southern California these offices are located in El Segundo, City of Commerce, Irvine, Los Angeles, San Bernardino and San Diego. In Kern County the offices are located in Fresno and Bakersfield. The hearing ideally should be set up through an attorney familiar with DUI and DMV APS matters. There is a good chance of having the suspension thrown out; the worst thing that can happen is that the same suspension will simply take effect, but due to the stay often far later than 30 days. If this is a first DUI offense within 10 years, the license will be suspended for a minimum of 4 months. This can be reduced to 1 month followed by 5 months of work restriction if the individual files proof of enrollment in a DUI school and proof of insurance (the "SR-22" form). If the case involves a refusal to submit to chemical testing, the suspension is for 1 year; no work restriction is possible. A 2nd offense within 10 years carries a 1-year suspension, 2 years if a refusal, again no restriction is possible. If under 21 a 1 year suspension will result. In most cases, due to work overload, the Los Angeles DMV will be unable to provide a hearing before the 30-day temporary license expires. In that event, the lawyer should demand -- and will receive -- an extension of the temporary license (called a "stay") until the hearing is provided and a subsequent decision rendered. This "APS" suspension is based upon California's so-called "implied consent" laws: any person driving in this state is "presumed" to impliedly consent to chemical testing if he is suspected of drunk driving. It would certainly seem, however, that the procedure violates the U.S. Constitution. First, there appears to be a presumption of guilt and lack of due process: the officer is judge, jury and executioner. Second, it would seem to constitute "double jeopardy": the individual is being charged with a criminal offense and punished (including a license restriction) in court -- and then is accused in a separate proceeding and punished again with a license suspension. The courts, however, have used strained logic in concluding that one is criminal and the other administrative -- a license suspension is simply an "administrative sanction", not a "punishment"! In Los Angeles, the hearing is conducted by a hearing officer who is an employee of the DMV. This person, although not legally trained, will act as the "judge" -- and also as the prosecutor! He or she can, for example, rule on his own objections. The hearing is conducted like a miniature trial, but without jury and with somewhat different rules of evidence. The defenses tend to be more technical than in court, with procedural and bureaucratic errors often the grounds for a "set-aside" of the suspension. Because of the technical nature of these hearings and the lack of an independent judge, it is inadvisable to attempt to represent yourself. And because they are not criminal in nature, public defenders are unavailable. A Los Angeles DMV attorney on your side can at the very least level the playing field. Testimony can be produced by both sides, although the hearing officer usually only produces documents, such as police reports, laboratory reports and the officer's sworn affidavit. Because there is no Fifth Amendment right at the hearing, the attorney may or may not choose to have the client at the hearing since he can be called by the hearing officer as a witness. A decision is usually not rendered until some days or even weeks after the hearing. If adverse, the decision can be appealed to the DMV in Sacramento and/or to the courts by filing a "writ". Another way around the DMV APS suspension is to obtain an acquittal in the criminal court on the DUI "B" count Attorneys at Law , CA DUI Law, DWI Laws Kern County , Bakersfield , Lamont, Arvin , Shafter , Taft , Mojave , Delano , and Lake Isabella. When a California driver is arrested for a DUI, California law requires he or she be given a choice of a breath or blood test. If (1) a breath test indicates .08% blood-alcohol or more, or (2) a blood (or, if neither breath nor blood are available, urine) is taken for later analysis, or (3) the individual refuses to submit to chemical testing, his driver's license is immediately confiscated by the police (unless it is an out-of-state license) and he is issued a pink sheet of paper. This paper serves as (1) a formal notice of immediate suspension, (2) a temporary license valid for 30 days, and (3) a technical explanation of the laws and procedures involved. After a DUI arrest the individual has ten days within which to request an administrative hearing through the Drivers Safety Office of the Department of Motor Vehicles (DMV) to contest the suspension. This is called the Administrative Per Se Suspension ("APS"). It is CRITICAL that the DMV be contacted by the individual's attorney within 10 calendar days of the arrest. On the 11th day, the DMV will refuse to provide a hearing and the suspension will automatically take effect in 30 days. If an attorney has not been retained within the 10-day window, the individual should try to contact the local Drivers Safety Office himself. In Southern California these offices are located in El Segundo, City of Commerce, Irvine, San Bernardino and San Diego. In Kern County the offices are located in Fresno and Bakersfield. The hearing ideally should be set up through an attorney familiar with DUI and DMV APS matters. There is a good chance of having the suspension thrown out; the worst thing that can happen is that the same suspension will simply take effect, but due to the stay often far later than 30 days. If this is a first DUI offense within 10 years, the license will be suspended for a minimum of 4 months. This can be reduced to 1 month followed by 5 months of work restriction if the individual files proof of enrollment in a DUI school and proof of insurance (the "SR-22" form). If the case involves a refusal to submit to chemical testing, the suspension is for 1 year; no work restriction is possible. A 2nd offense within 10 years carries a 1-year suspension, 2 years if a refusal, again no restriction is possible. If under 21 a 1 year suspension will result. In most cases, due to work overload, the DMV will be unable to provide a hearing before the 30-day temporary license expires. In that event, the lawyer should demand -- and will receive -- an extension of the temporary license (called a "stay") until the hearing is provided and a subsequent decision rendered. This "APS" suspension is based upon California's so-called "implied consent" laws: any person driving in this state is "presumed" to impliedly consent to chemical testing if he is suspected of drunk driving. It would certainly seem, however, that the procedure violates the U.S. Constitution. First, there appears to be a presumption of guilt and lack of due process: the officer is judge, jury and executioner. Second, it would seem to constitute "double jeopardy": the individual is being charged with a criminal offense and punished (including a license restriction) in court -- and then is accused in a separate proceeding and punished again with a license suspension. The courts, however, have used strained logic in concluding that one is criminal and the other administrative -- a license suspension is simply an "administrative sanction", not a "punishment"! The hearing is conducted by a hearing officer who is an employee of the DMV. This person, although not legally trained, will act as the "judge" -- and also as the prosecutor! He or she can, for example, rule on his own objections. The hearing is conducted like a miniature trial, but without jury and with somewhat different rules of evidence. The defenses tend to be more technical than in court, with procedural and bureaucratic errors often the grounds for a "set-aside" of the suspension. Because of the technical nature of these hearings and the lack of an independent judge, it is inadvisable to attempt to represent yourself. And because they are not criminal in nature, public defenders are unavailable. A DMV attorney on your side can at the very least level the playing field. Testimony can be produced by both sides, although the hearing officer usually only produces documents, such as police reports, laboratory reports and the officer's sworn affidavit. Because there is no Fifth Amendment right at the hearing, the attorney may or may not choose to have the client at the hearing since he can be called by the hearing officer as a witness. A decision is usually not rendered until some days or even weeks after the hearing. If adverse, the decision can be appealed to the DMV in Sacramento and/or to the courts by filing a "writ". Another way around the DMV APS suspension is to obtain an acquittal in the criminal court on the DUI "B" count. Additional External DUI DWI Links: DUI Lawyer: DWI, BAC, Public Intoxication 5972 | DUI DWI Practice Descriptions, Links, andProfiles | DUI DWI Summaries of Law | Searchby Region, County, City | First Appearance inDUI Court DWI Court | MembersOnly | AddYour Firm | Delete | Privacy | For Ontario DUIDWI impaired driving criminal law information please visit www.lawyers.ca See also TorontoDUI For more information respecting this database or to report misuse contact: AllbissLawdata Ltd. , 303-470 Hensall Circle, Mississauga,Ontario, Canada, L5A 3V4. Theauthor and the participants make no representation or warranty whatsoeveras to the authenticity and reliability of the information contained herein.Advertisement.Theselawyers do not practice in association. WARNING: All informationcontained herein is provided for the purpose of providing basic information onlyand should not be construed as formal legal advice. The authors disclaim any andall liability resulting from reliance upon such information. You are stronglyencouraged to seek professional legal advice before relying upon any of theinformation contained herein. Legal advice should be sought directly from aproperly retained lawyer or attorney.

DUII in Fatal Crash

Washington County Sheriffs Office -- Man Charged with DUII in Fatal Crash Washington County Sheriff's Office Media Information   Rob Gordon, Sheriff 215 SW ADAMS, MS 32Hillsboro, OR 97123 For Immediate Release April 25, 2005 Contact: Sandy James Public Information Officer Office #: 503-846-2763 Pager #: 503-271-1078 WCSO Case #: 2005 -- 508757 Man Charged with DUII in Fatal Crash Adam Ray Williams WASHINGTON COUNTY - - Twenty-eight-year-old Adam Ray Williams, of Sherwood, is behind bars charged with the Manslaughter I, Assault II and Driving Under the Influence of Intoxicants (DUII) following a fatal crash on Saturday April 23, 2005. The crash occurred shortly after 1:00 a.m. near the intersection of SW Farmington Road and SW Clark Hill Road. It appears from the preliminary investigation that Williams was driving a 2004 Mitsubishi northbound on SW Clark Hill Road and failed to stop at the stop sign on SW Farmington Road. It then appears that the vehicle proceeded across SW Farmington Road and struck a tree. There were two passengers in the back seat of the vehicle. Twenty-nine-year-old Jennifer Bevins of Aloha was pronounced dead at the scene. Twenty-seven-year-old Stacy Pierce of Beaverton was transported by ground ambulance to a local hospital. Pierce did not appear to have sustained any life-threatening injuries. Neither Bevins nor Pierce were wearing a seat belt. Adam Williams was also transported by ground ambulance to a local hospital as a precaution. He was released into the custody of the Sheriffs Office a short time later and charged with Manslaughter I, Assault II and DUII. His bail is set at $50,000. From the preliminary investigation it appears that Williams blood alcohol level was three times the legal limit at the time of the crash. The investigation is continuing. ### County Sheriff Sheriff Office Phone Numbers Top of Page.

Intoxicated Driving

DWI FAQs - Baton Rouge Louisiana Lawyer, DUI, Driving While Intoxicated, Driving Under the Influence 1. I am 18 and being charged with both UDUI and DWI. Why am I being charged with two crimes? In Louisiana, the traditional offense is "underage driving under the influence of alcohol" (UDUI), or "driving while intoxicated" (DWI). UDUI requires only a .02 blood alcohol level and is used to charge persons under the age of 21 years old. DWI requires a blood alcohol level of .08. If you submit to the chemical test and test above these levels, you are presumed to be intoxicated. If you have any questions about an arrest or pending charges, please contact a Baton Rouge Lawyer of The Babcock Law Firm. 2. Can the officer take my license at the scene? The law in Louisiana is a "per se" statute, which provides for immediate suspension and confiscation of your license if your breath test result is above the legal limit. Your license will also be automatically suspended if you refuse to submit to the breath test. It is possible to avoid these suspensions if you contact an attorney, but you need to do so as soon as possible. Under Louisiana law you only have fifteen days to challenge the suspension. 3. How do I know if I am legally drunk? To be considered legally drunk in the state of Louisiana you must have a Blood Alcohol Concentration of at least 0.08. Your BAC will depend on your weight and the amount of drinks you have consumed. Typically, a man weighing 220 lbs. will reach a limit of 0.08 within five or six drinks. A woman weighing 140 lbs. will reach her BAC limit of 0.08 within two or three drinks. There are a number of other factors that can effect the results of a breath test, and even if you refuse the test you can still be found guilty of D.W.I. 4. Should I plead guilty to a DWI charge? No. If you plead guilty, you could face up to 6 months in jail, fines up to $ 1,000.00, 32 hours of forced community service and a 90-day suspension of your license, all for just a first offense. There are times when pleading guilty could be you best option but it is essential that you have an attorney to assist you eith that decision. You should have an experienced DWI lawyer from Babcock Law Firm on your side to assist you with your case. Contact us today to discuss your case. 5. Is there anything I can do to keep my driver’s license? To save your driver's license you must request an administrative hearing within 15 days of your arrest. At this administrative hearing an experienced DWI lawyer may be able to get information from the police officers that could save your license and help you win your case. Contact Babcock Law Firm immediately to discuss your case so that action may be taken before 15 days has passed. 6. Will my chemical test be used against me in court? The State must prove that the requirements outlined in Louisiana Revised Statutes 32:661-669 and the regulations promulgated by the Louisiana Department of Corrections have been followed or your breath test results can be thrown out by a judge and not be used against you at trial. 7. What restitution do I face if I have a BAC of 0.10 or higher and am involved in a motor vehicle accident? Punitive damages can be collected against the driver of the vehicle who was intoxicated pursuant to Louisiana Civil Code Article 2315.4, which states “in addition to general and special damages, exemplary damages may be awarded upon proof that the injuries on which the action is based were caused by a wanton or reckless disregard for the rights and safety of others by a defendant whose intoxication while operating a motor vehicle was a cause in fact of the resulting injuries.” In addition, a traffic accident that is alcohol related could result in criminal charges against the drunk driver, such as negligent homicide or negligent injury. Name: Phone: How did you hear about us? Search Engine Newsletter Attorney Referral Friend Referral Family Referral Yellow Pages Consultwebs Directory Other Directory Other Comments: Babcock Law Firm , L.L.C., All Rights Reserved Baton Rouge Lawyers, Personal Injury, DWI, Speeding Tickets, Motor Vehicle Crime, Slip & Fall Accidents, DUI, Driving Under the Influence, Driving While Intoxicated, Premises Liability, Products Liability, Unsafe Products, Dog Bites, Inadequate Security, Pharmaceutical Drugs, Medical Devices, Medical Malpractice, Product Recalls, Vehicle Accidents, General Corporate Litigation, Traffic Ticket Law Serving Baton Rouge, New Orleans, Lafayette, Lake Charles, Alexandria, Shreveport, Monroe, Ruston, Louisiana, LA Site by Consultwebs.com , Inc. - Webs For Law Firms - Lawyers Site Map Disclaimer

blood alcohol level returns

Office of Alcohol & Drug Education What is B.A.C. (Blood Alcohol Concentration)? BAC is the amount of alcohol in your blood stream. It is recorded in milligrams of alcohol per 100 milliliters of blood, or milligrams percent. For example, a BAC of .10 means that 1/10 of 1 percent (or 1/1000) of your total blood content is alcohol. When you drink alcohol it goes directly from the stomach into the blood stream. This is why you typically feel the effects of alcohol quite quickly, especially if you havent eaten in a while. BAC depends on: 1) Body weight (Blood volume increases with weight) 2) The number of ounces of alcohol in each drink 3) Time spent drinking ------------------------------------------------------------------------ What are B.A.C. Zones? The following list explains the use of "ZONES" on our BACZONE Cards. Each zone represents effects that would normally be expected to occur at these varying blood alcohol concentrations... THE GREEN ZONE Concentration Range: .00-.059 Effects: .02-.059 = social drinker. Light and moderate drinkers begin to feel mildly relaxed and maybe a little lightheaded. Your inhibitions are slightly loosened, and whatever mood you were in before you started drinking may be mildly intensified. Your behavior may become exaggerated, making you talk louder or faster or act bolder than usual. You may also feel a mild sense of euphoria. Rapid drinking may create the illusion that it takes more alcohol to relax, because the first drinks are taking effect while later drinks are being consumed. Even this level of intoxication is unsafe for women who are pregnant. There is no known safe level of drinking for women who are pregnant or trying to become pregnant. THE BLUE ZONE Concentration: .060-.24 Effects: You believe you are functioning better than you actually are. At this level, you may start to slur your speech. Your sense of balance is probably off and your motor skills are starting to become impaired. Your ability to see and hear clearly is diminished. Your judgment is being affected, so it's difficult for you to decide whether or not to continue drinking. Your ability to evaluate sexual situations is impaired. Students may jokingly refer to this state of mind as "beer goggles", but this BAL can have serious repercussions. People are more likely to take risks they would not take when sober, and are unable to judge accurately their ability to drive. There is no known safe level of alcohol in the blood when driving a motor vehicle or engaging in other potentially risky activities such as swimming, boating and using power tools or firearms. If you have one or more drinks before such activities, allow enough time to pass so that your blood alcohol level returns to ZERO before you begin. Use your table to determine how long it will take for your blood alcohol to return to zero. Concentration: .080 Effects: Legally Intoxicated in most states. Judgment is further impaired. People are more likely to take risks they would not take when sober and are unable to accurately assess their ability to drive. Concentration: .100-.120 Effects: At this level, you feel euphoric, but you lack coordination and balance. Your motor skills are markedly impaired, as are your judgment and memory. You probably don't remember how many drinks you've had. Your emotions are exaggerated, and some people become loud, aggressive, or belligerent. If you're a guy, you may have trouble getting an erection when your BAC is this high. Reaction time and control of precise movements are clearly impaired. A person driving at this level is ten times more likely to be involved in a fatal accident. This level is regarded as legal intoxication in almost all nations and states. Vomiting may occur, particularly in less experienced drinkers. Vomiting is a natural protective reaction of the body. Concentration: .150-.200 Effects: At .140-.170, your euphoric feelings may give way to unpleasant feelings. You have difficulty talking, walking, or even standing. Your judgment and perception are severely impaired. You may become more aggressive, and there is an increased risk of accidentally injuring yourself or others. This is the point when you may experience a blackout. Vomiting may occur in normal drinkers. Balance and coordination are normally impaired. Heavy drinkers may learn to appear sober at this level, but are in fact intoxicated. Balance and coordination are normally impaired. This level means that the equivalent of about one half pint of whiskey is circulating in the bloodstream. This level may result in the kind of amnesia known as an alcoholic "blackout". When sober, the person is unable to recall all or part of what happened during a certain period of intoxication. At .200, you feel confused, dazed, or otherwise disoriented. You need help to stand up or walk. If you hurt yourself at this point, you probably won't realize it because you won't feel pain. If you are aware you've injured yourself, chances are you won't do anything about it. Your gag reflex is impaired, so you could choke if you do throw up. Since blackouts are likely at this level, you may not remember any of this. A person driving at this level is 100 times more likely to be involved in a fatal accident. THE RED ZONE Concentration: .250 Effects: All mental, physical, and sensory functions are severely impaired. You're emotionally numb. There's an increased risk of asphyxiation from choking on vomit and of seriously injuring yourself by falling or other accidents. Many people lose consciousness at this level. Individuals who have developed a high tolerance to alcohol may remain conscious at much higher levels. Concentration: .300 Effects: You're in a stupor. You have little comprehension of where you are. You may suddenly pass out at this point (passing out is a normal protective reaction of the body to prevent continued drinking) and be difficult to awaken. (But don't kid yourself: passing out can also occur at lower Backs. But, at lower blood alcohol levels, you may decide you've had enough to drink and go "pass out." With an alarming BAC like .30%, your body will be deciding to pass out for you.) Concentration: .350 Effects: This blood alcohol level happens to be the level of surgical anesthesia. Concentration: .400 Effects: You may stop breathing at this point. Most people lose consciousness at this level. You are probably in a coma. The nerve centers controlling your heartbeat and respiration are slowing down. Concentration: .450 Effects: This is a fatal dose for many people, especially when drinking such a large amount of alcohol at a rapid rate. A dose of alcohol this large can paralyze brain functions, which control breathing and heart activity. When vital functions cease, people die. Drinkers with a high tolerance for alcohol may survive this level. Even after passing out, the person has more alcohol in the stomach, which continues to be absorbed into the bloodstream. This is a serious risk for those who engage in drinking contests, the most frequent cause of alcohol-related fatalities among young people. ------------------------------------------------------------------------ The Ups and Downs of Alcohol Consumption As you consume alcohol in low to moderate amounts and as your BAC is rising and (but under .06) you will likely experience stimulating effects of alcohol (increases in arousal, energy, and confidence). This is due to the combination of increased amount of sugar from alcohol as well as the fact that alcohol initially depresses those parts of the brain that are responsible for inhibition.However, as your BAC surpasses .06 (or your BAC begins to fall) you begin to experience the true depressant effects of alcohol (fatigue, slowing down, and lack of coordination). In hopes of avoiding the depressing effects and regaining the initial stimulating effects of alcohol, you may be tempted to drink more. Unfortunately, this is the worst thing that you can do. The more alcohol you consume and subsequently the higher your BAC, the more you will experience the depressing effects of alcohol Drinking low to moderate amounts of alcohol can minimize the depressing and negative effects of alcohol. (below .06 BAC). Note: Tolerance, although thought to be a positive characteristic by some is actually hampering your experience while you drink. Not only does tolerance make drinking more expensive in terms of calories and money, but tolerance also limits the initial stimulating effects from alcohol and causes the depressing effects to be lower than usual. ------------------------------------------------------------------------ Are their other physical or emotional factors to consider when consuming alcohol? The blood alcohol levels listed in your table are estimates. People do vary with regard to rates of alcohol metabolism. A number of factors could result in a higher blood alcohol level than that listed on the BACZONE Card tables, including but not limited to: - Drinking on an empty stomach - Using alcohol in combination with other drugs - Liver disease or impaired living functioning - Being on a diet or under normal weight - Certain emotional states - Being older (slower metabolism) Other factors may result in lower blood alcohol values than those listed on the BACZONE Card tables: - Drinking after a full meal - Vomiting - Having more rapid alcohol metabolism Remember, your body gets rid of alcohol at a relatively constant rate. There is nothing you can do to speed up the process once alcohol is in your bloodstream. Some factors often believed to help a person "sober up" after drinking have no effect on blood alcohol level. At most, they help the person to feel more awake, resulting in what has been called a wide awake drunk. Among ineffective methods are: - Coffee and other stimulants - Exercise - A cold shower or walk in fresh air - Immersing head into ice Other Things to Consider Alcohol and Brain Damage Brain damage can occur even after a few days of "binge drinking." A new study in the April issue of Alcoholism: Clinical & Experimental Research found that rats given the equivalent of 10 drinks on two consecutive days damaged the part of their brains responsible for smell. Dr. Crews, the studys co author, suggested that damage to this part of the brain in rats is comparable the frontal cortex in humans which Is involved in judgment and decision-making. Alcohol and Academic Performance A 1997 CORE Institute survey of over 197 colleges and universities and over 93,000 students found that grade point average steadily decreases the more students drink each weeks. Students who often receive A's had, on average, 4.21 drinks per week while students who receive D's and Fs had about 9.97 drinks per week. Alcohol and Sleep Alcohol consumed within six hours of sleep can lead to disruption of valuable REM sleep and often leaves one feeling fatigued and irritable the next morning. This disruption in REM sleep leads to poor driving even when there is no alcohol left in the body. Alcohol and Athletic Performance Drinking alcohol the day before or after a workout can also impede one's athletic performance. While alcohol deprives one of valuable REM sleep, it also depletes an important chemical called Human Growth Hormone or HGH. HGH is part of the muscle-building and repair process, and the body's way of saying that muscle needs to grow. Because of its effects on sleep patterns, alcohol can decrease sleep-related growth hormone release by as much as 70%. Thus, drinking before or after a workout essentially nullifies all of one's hard work. Alcohol and Memory/ Learning Alcohol also inhibits a part of your brain called me hippocampus. It is this region of the brain that is vital to the formation of new memories. If you have alcohol in your system while you are in class or studying, you are less likely to store information in your memory. Learning and storing memories are complex processes. Your brain is working hard to turn the information you have learned into memories, even after you have stopped thinking about it. Drinking after spending a day in the library will likely negate your hard work. Alcohol and Sexual Function Despite the fact that, at low doses, alcohol often has a stimulating effect and may help people unwind and socialize, alcohol can have a devastating effect on sexual function. When a man consumes alcohol, the liver is stimulated and produces a substance that is toxic to the testes and breaks down testosterone. This reduction in testosterone can lead to shrinking of the testicles and penis, enlargement of the breasts and even impotence. REFERENCES Adapted from the BASICS program. Dimeff, L. A., Baer, J. S., Kivlahan, D. & Marlatt, G. A. (1999). Brief Alcohol Screening & Intervention for College Students Basics: A Harm Reduction Approach. New York, Guilford Publications. * BAC descriptions were drawn from the Facts on Tap website and the BAC descriptions provided in the BACCUS program narrative, Markham, M.R., Miller, W.R., & Arciniega, L. (1991).