Drunk Driving Laws

DUII Driving under the

PSU - Student Legal and Mediation Services DUIIYOUR RIGHTS AND RESPONSIBILITIES BEFORE GOING OUT: THINGS TO KNOW ABOUT DUII Driving under the influence of intoxicants (DUII) is a Class A Misdemeanor in Oregon. The minimum penalty for a DUII conviction is a $1000 fine and two days of incarceration. The maximum penalty for a DUII conviction is a $5000 fine and up to one year in jail. Even if one is not convicted, they will likely incur high financial costs associated with hiring an attorney, a diversion program (see below), court fees, as well as increased automobile insurance premiums that will likely result from the arrest. A person does not have to be "drunk" to be charged with DUII; they only have to be "under the influence" of alcohol. Being under the influence means that someone is perceptibly affected by alcohol in the way they think, act, or speak. In Oregon, if someone has a breath test result of .08 blood alcohol level or higher, they are presumed to be under the influence for purposes of DUII. If the person is under 21, they are presumed to be under the influence if they have had any alcohol whatsoever. Generally, a 170 lb male's blood alcohol level will reach .08 or higher by having four drinks (12 ounce beer, glass of wine, shot of hard liquor) in one hour or five drinks in two hours. A 140 lb female's blood alcohol level will reach .08 or higher by having three drinks in one hour or four drinks in two hours. It is important to remember that the number of drinks it takes to reach a certain blood alcohol level varies from person to person and is dependent on many factors, including gender, weight, and food consumed before drinking. For example, it may actually take less than four drinks in one hour for a 170 lb males blood alcohol level to reach .08 and less than three drinks in one hour for a 140 lb females blood alcohol level to reach .08. Thus, it is very important for people to have a designated driver and to know their limits when drinking. If someone has had several drinks in an hour or two or has had many drinks over the course of an evening, it is always best for them to let a friend drive them home or call a cab. A person is taking a huge risk by getting in their car and thinking that they wont get pulled over if they just drive slow. Remember that the $30 cost of a cab or the inconvenience of staying overnight at a friend's house are far preferable to the thousands one may have to spend if they are pulled over and arrested for DUII. WHAT TO DO IF PULLED OVER If someone is pulled over for suspicion of DUII, it is important for them to be polite and amicable with the police officer. Being argumentative or emotional may agitate the officer and will often make things worse. The officer will probably ask the person if they have had anything to drink and then ask them to take an eye test or horizontal gaze test. The person may politely refuse to take the eye test and state that they wish to speak with an attorney before taking the test or answering any questions. However, the police officer may then arrest the person at this point if they choose not to comply. Field Sobriety Tests The person may be asked to take a field sobriety or balance test. These tests usually involve walking back and forth in a straight line while counting out their steps aloud and keeping their arms at their sides. The person may politely refuse to take the field sobriety test and state that they do not want to take a test or say anything until they have had the opportunity to consult with an attorney. The officer may arrest them if they refuse to take the field sobriety test, after which the person may assert their right to an attorney and remain silent. It should be noted that these tests are difficult to take even when sober--especially when under the watchful eye of a police officer. Someone who has had very little to drink and is well-coordinated may want to take the balance test. However, there have been many instances where people believed themselves to be sober enough to perform well but instead failed miserably. The police officer's report may include in detail how well or poorly the person performed on the test and what parts of the test they failed. Breath Tests Along with a field sobriety test, it is likely that the person will be asked to take a breath test. Unlike the eye and balance tests however, there are fairly serious consequences for refusing to take a breath test. If one refuses to take the breath test, their license will automatically be suspended for one year or possibly three years depending on their record. So unless the person does not care about having their license suspended outright for one year, it is usually advisable for them to take the breath test and prepare to come up with a good defense if they fail it and are arrested. If someone takes the test and has a blood alcohol level of .08 or higher (or anything above .0 if the person is a minor), that will lead to an arrest for DUII. Failing a breath test automatically leads to having one's license suspended by the DMV for 90 days, which is imposed independently of any sentence the court hands down later. Assuming the person is not later convicted, they will be able to get their license back after the 90-day period by paying a $53 reinstatement fee to the DMV. If the person is convicted, they will lose their driving privileges for at least one year. Immediately After Arrest After being arrested, the person may tell the officer that they would like to assert their right to remain silent and that they do not wish to answer any questions until they speak with an attorney. They should be mindful of what they say to the officer, as they may inadvertently say something incriminating in response to the officer's questions. If the person must speak, they may want to limit their remarks to truthful explanations of any relevant medical conditions they may have. The person should remember to be polite and not hostile towards the officer. The person should contact an attorney as soon as possible so that they may find out what options are available and what defenses they might be able to raise. The person should remember to take the attorney all of their paper work. FACING THE CHARGES Appearing in Court The person must appear at the arraignment date noted on the ticket. Arraignment is when someone makes their first appearance in court and enters a plea. At arraignment, the person should be aware that if they enter a not guilty plea, they can always change it later. If the person does not have an attorney at this point, they may ask the court to appoint one for them. To be eligible for court-appointed counsel, the person must show that they do not make very much money and cannot afford to hire their own attorney. Diversion If this is the person's first DUII offense, their best option is to petition the court for diversion. Diversion is when the court allows the defendant to enter an alcohol treatment/education program as an alternative to being prosecuted. It is an 8-10 week program that involves evaluation, treatment, and random urine tests. Generally, someone is eligible for diversion if: (1) they have not been convicted of DUII in the past ten years; (2) they have not participated in a diversion program in the past ten years; (3) they have not been convicted of a violent crime involving a motor vehicle in the past ten years; and (4) the present offense did not involve death or physical injury to another person. As a matter of practice, courts usually favor diversion for first-time DUII offenders. Courts will suspend the DUII charges pending successful completion of the program, after which the person may have the charges dismissed. While diversion is preferable to being prosecuted, it is not inexpensive. A defendant will have to pay for the cost of the program (usually around $800) as well as court fees, filing fees, and diagnostic fees. In all, diversion will end up costing a defendant at least $1000. Additionally, participation in diversion appears on their driving record and their insurance company will likely raise their premium at least 30% to 50% based on this item. A person will be notified of their option to petition for diversion at their arraignment, after which they will have 30 days to petition the court for diversion. Going to Trial If a person has failed the breath test, the test results can be rebutted by evidence of sobriety, such as the testimony of a witness who was sober at the time. Additionally, it may be possible to challenge the sufficiency of the test results with technical, legal, or factual defenses to the charges. This may include arguing that: (1) The police officer did not have probable cause to stop the person in the first place; (2) The breathalyzer was not working properly; (3) The test was administered incorrectly; (4) A medical condition caused a false reading; (5) The stop and arrest was not performed correctly. Consequences of a Conviction If convicted, the person faces a minimum penalty of a $1000 fine and either two days in jail or 80 hours of community service. However, a conviction may result in a $5000 fine and up to two years in jail or 240 hours of community service. The person will also be responsible for the cost of attending a treatment program (up to $1000), as well as any fines and fees imposed by the court. Additionally, the conviction may cause their insurance carrier to dramatically increase their premium or cancel their policy altogether. FINAL THOUGHTS The costs and penalties that result from a DUII arrest in Oregon are steep and reflect the state's commitment to keeping drunk drivers off the roads. One should keep the potential repercussions of drinking and driving in mind before they go out for a round of drinks. Even if they manage to avoid getting into a car accident, the state's law enforcement policies will not let them off easily, as a DUII charge could end up costing them several thousand dollars and possibly result in jail time.

Impaired Driving Facts - NCIPC Impaired Driving More Injury Fact Sheets Impaired Driving Overview Alcohol-related motor vehicle crashes kill someone every 31 minutes and nonfatally injure someone every two minutes (NHTSA 2005). Occurrence and Consequences During 2004, 16,694 people in the U.S. died in alcohol-related motor vehicle crashes, representing 39% of all traffic-related deaths (NHTSA 2005). In 2004, about 1.4 million drivers were arrested for driving under the influence of alcohol or narcotics (Department of Justice, 2004). Thats less than one percent of the 159 million self-reported episodes of alcoholimpaired driving among U.S. adults each year (Quinlan et al. 2005). Drugs other than alcohol (e.g., marijuana and cocaine) are involved in about 18% of motor vehicle driver deaths. These other drugs are generally used in combination with alcohol (Jones et al. 2003). More than two-thirds of child passengers ages 14 and younger who died in alcohol-related crashes during 19972002 were riding with the drinking driver; only 32% of them were properly restrained at the time of the crash (Shults 2004). Cost Each year, alcohol-related crashes in the United States cost about $51 billion (Blincoe 2002). Groups at Risk Male drivers involved in fatal motor vehicle crashes are almost twice as likely as female drivers to be intoxicated with a blood alcohol concentration (BAC) of 0.08% or greater (NHTSA 2004b). A BAC of 0.08% is equal to or greater than the legal limit in most states. At all levels of blood alcohol concentration, the risk of being involved in a crash is greater for young people than for older people (Zador 2000). In 2003, 25% of drivers ages 15 to 20 who died in motor vehicle crashes had been drinking alcohol (NHTSA 2004c). Young men ages 18 to 20 (under the legal drinking age) reported driving while impaired almost as frequently as men ages 21 to 34 (Liu 1997). Among motorcycle drivers killed in fatal crashes, 30% have BACs of 0.08% or greater (Paulozzi 2004). Nearly half of the alcohol-impaired motorcyclists killed each year are age 40 or older, and motorcyclists ages 40 to 44 years have the highest percentage of fatalities with BACs of 0.08% or greater (Paulozzi 2004). Of the 2,136 traffic fatalities among children ages 0 to 14 years in 2003, 21% involved alcohol (NHTSA 2004d). Risk Factors Nearly three quarters of those convicted of driving while impaired are either frequent heavy drinkers (alcohol abusers) or alcoholics (alcohol dependent) (Miller 1986). Among drivers involved in fatal crashes, those with BAC levels of 0.08% or higher were nine times more likely to have a prior conviction for driving while impaired (DWI) than were drivers who had not consumed alcohol (NHTSA 2004a). CDC Activities Actions to decrease alcohol-related fatal crashes involving young drivers have been effective Over the past 20 years, alcohol-related fatal crash rates have decreased by 60 percent for drivers ages 16 to 17 years and 55 percent for drivers ages 18 to 20 years. However, this progress has stalled in the past few years. To further decrease alcohol-related fatal crashes among young drivers, communities need to implement and enforce strategies that are known to be effective, such as minimum legal drinking age laws and "zero tolerance" laws for drivers under 21 years of age. Elder RW, Shults RA. Trends in alcohol involvement in fatal motor vehicle crashes among young drivers 1982-2001. MMWR 2002;51:108991. Sobriety checkpoints reduce alcohol-related crashes Fewer alcohol-related crashes occur when sobriety checkpoints are implemented, according to a CDC report published in the December 2002 issue of Traffic Injury Prevention. Sobriety checkpoints are traffic stops where law enforcement officers systematically select drivers to assess their level of alcohol impairment. The goal of these interventions is to deter alcohol-impaired driving by increasing drivers perceived risk of arrest. The conclusion that they are effective in reducing alcohol-related crashes is based on a systematic review of research about sobriety checkpoints. The review was conducted by a team of experts led by CDC scientists, under the oversight of the Task Force on Community Preventive Servicesa 15-member, non-federal group of leaders in various health-related fields. (Visit www.thecommunityguide.org for more information.) The review combined the results of 23 scientifically-sound studies from around the world. Results indicated that sobriety checkpoints consistently reduced alcohol-related crashes, typically by about 20 percent. The results were similar regardless of how the checkpoints were conducted, for short-term blitzes, or when checkpoints were used continuously for several years. This suggests that the effectiveness of checkpoints does not diminish over time. Elder RW, Shults RA, Sleet DA, Nichols JL, Zaza S, Thompson RS. Effectiveness of sobriety checkpoints for reducing alcohol-involved crashes. Traffic Inj Prev 2002;3:266-74. Stronger state DUI prevention activities may reduce alcohol-impaired driving Strong state activities designed to prevent driving under the influence (DUI), including legislation, enforcement, and education, may reduce the incidence of drinking and driving, according to a study from the Centers for Disease Control and Prevention (CDC). For the study, which was published in the June 2002 issue of Injury Prevention, CDC analyzed data from the 1997 Behavioral Risk Factor Surveillance System (BRFSS) national telephone survey, and the Mothers Against Drunk Driving (MADD) Rating the States 2000 survey, that graded states on their DUI countermeasures from 1996-1999. Results showed that residents of states with a MADD grade of "D" were 60 percent more likely to report alcohol-impaired driving than were residents from states with a MADD grade of "A." MADD based the grades on 11 categories of prevention measures, including DUI legislation; political leadership; statistics and records availability; resources devoted to enforcing DUI laws; administrative penalties and criminal sanctions; regulatory control and alcohol availability; youth DUI legislation; prevention and education; and victim compensation and support. The study also found that 4 percent of the residents who consume alcohol reported they had driven after having too much to drink at least once during the previous month. Men were nearly three times as likely as women to report alcohol-impaired driving, and single people were about 50 percent more likely to report alcohol-impaired driving than married people or those living with a partner. Shults RA, Sleet DA, Elder RW, Ryan GW, Sehgal M. Association between state-level drinking and driving countermeasures and self-reported alcohol-impaired driving. Inj Prev 2002;8:10610. Research leads to bills that protect children from drinking drivers CDCs findings about the number of children killed in cars driven by drinking drivers has led legislators in several states to introduce bills to help protect them from drinking drivers. Such legislation creates special penalties under state child abuse laws for persons who transport children while driving drunk. Results from the study showed that nearly two-thirds of children killed in drinking driver-related crashes were riding with the impaired driver. Fewer than 20 percent of the children killed were properly restrained at the time of the crash, and restraint use decreased as the drivers blood alcohol concentration increased. Quinlan KP, Brewer RD, Sleet DA, Dellinger AM. Child passenger deaths and injuries involving drinking drivers. JAMA 2000:283(17):224952. Research identifies effective interventions against alcohol-impaired driving CDC and the Task Force on Community Preventive Servicesan independent, nonfederal panel of community health expertspublished systematic reviews of the literature for five community-based interventions to reduce alcohol-impaired driving. The reviews revealed strong evidence of effectiveness for 0.08% blood alcohol concentration (BAC) laws, minimum legal drinking age laws, and sobriety checkpoints. They also found sufficient evidence of effectiveness for lower BAC laws specific to young or inexperienced drivers (zero tolerance laws) and intervention training programs for alcohol servers. A detailed description of the sobriety checkpoints systematic review was published in the December 2002 issue of Traffic Injury Prevention. The systematic review of the effectiveness of 0.08% BAC laws for drivers was helpful in establishing a 0.08% standard nationwide. The review revealed that state laws that lowered the illegal BAC for drivers from 0.10% to 0.08% reduced alcohol-related fatalities by a median of 7 percent, translating to 500 lives saved annually. With this evidence, the Task Force on Community Preventive Services strongly recommended that all states pass 0.08% BAC laws. In October 2000, the President signed the Fiscal Year 2001 transportation appropriations bill, requiring states to pass the 0.08% BAC law by October 2003 or risk losing federal highway construction funds. As of October 1, 2003, 45 states and the District of Columbia had enacted 0.08% BAC legislation. In June 2001, Tommy G. Thompson, Secretary of the Department of Health and Human Services, awarded the Secretarys Award for Distinguished Service to the systematic review team for their contribution to the field. The team is currently conducting systematic reviews of mass media campaigns, school-based education programs, and designated driver programs, which are scheduled for publication in 2004. The Guide to Community Preventive Services Shults RA, Elder RW, Sleet DA, Nichols JL, Alao MA, Carande-Kulis VG, et al. Reviews of evidence regarding interventions to reduce alcohol-impaired driving [published erratum appears in American Journal of Preventive Medicine 2002;23:72]. American Journal of Preventive Medicine 2001;21(4S):6688. Prevention Strategies Effective measures to prevent injuries and deaths from impaired driving include: Promptly suspending the driver's licenses of people who drive while intoxicated (DeJong 1998). Lowering the permissible levels of blood alcohol concentration (BAC) for adults to 0.08% in all states (Shults 2001). Zero tolerance laws for drivers younger than 21 years old in all states (Shults 2001). Sobriety checkpoints (Shults 2001). Multi-faceted community-based approaches to alcohol control and DUI prevention (Holder 2000, DeJong 1998). Mandatory substance abuse assessment and treatment for driving-under-the-influence offenders (Wells-Parker, 1995). Other suggested measures include: Reducing the legal limit for blood alcohol concentration (BAC) to 0.05% (Howat 1991; National Committee on Injury Prevention and Control 1989). Raising state and federal alcohol excise taxes (National Committee on Injury Prevention and Control 1989). Implementing compulsory blood alcohol testing when traffic crashes result in injury (National Committee on Injury Prevention and Control 1989). References Blincoe L, Seay A, Zaloshnja E, Miller T, Romano E, Luchter S, et al. The Economic Impact of Motor Vehicle Crashes, 2000. Washington (DC): Dept of Transportation (US), National Highway Traffic Safety Administration (NHTSA); 2002. Available from URL: www.nhtsa.dot.gov/people/economic/econimpact2000/index.htm Brewer RD , Morris PD, Cole TB, Watkins S, Patetta MJ, Popkin C. The risk of dying in alcohol-related automobile crashes among habitual drunk drivers. New England Journal of Medicine 1994;331:5137. DeJong W. Hingson R. Strategies to reduce driving under the influence of alcohol. Annual Review of Public Health 1998;19:35978. Department of Justice (US), Federal Bureau of Investigation (FBI). Crime in the United States 2004: Uniform Crime Reports. Washington (DC): FBI; 2004 [cited November 15, 2005]. Available from URL: www.fbi.gov/ucr/cius_04/documents/CIUS2004.pdf . Dept of Transportation (US), National Highway Traffic Safety Administration (NHTSA). Traffic safety facts 2004: alcohol. Washington (DC): NHTSA; 2005 [cited 2005 Nov 6]. Available from URL: http://www-nrd.nhtsa.dot.gov/pdf/nrd-30/NCSA/TSF2004/809905.pdf . Dept of Transportation (US), National Highway Traffic Safety Administration (NHTSA). Traffic safety facts 2003: children. Washington (DC): NHTSA; 2004d [cited 2004 Nov 4]. Available from URL: www-nrd.nhtsa.dot.gov/pdf/nrd-30/NCSA/TSF2003/809762.pdf . Dept of Transportation (US), National Highway Traffic Safety Administration (NHTSA). Traffic safety facts 2003: overview. Washington (DC): NHTSA; 2004b [cited 2004 Oct 19]. Available from URL: www-nrd.nhtsa.dot.gov/pdf/nrd-30/NCSA/TSF2003/809767.pdf . Dept of Transportation (US), National Highway Traffic Safety Administration (NHTSA). Traffic safety facts 2003: young drivers. Washington (DC): NHTSA; 2004c [cited 2004 Oct 19]. Available from URL: www-nrd.nhtsa.dot.gov/pdf/nrd-30/NCSA/TSF2003/809774.pdf . Holder HD, Gruenewald PJ, Ponicki WR, Treno AJ, Grube JW, Saltz RF, et al. Effect of community-based interventions on high-risk drinking and alcohol-related injuries. Journal of the American Medical Association 2000;284:2341-7. Howat P, Sleet D, Smith I. Alcohol and driving: is the .05% blood alcohol concentration limit justified? Drug and Alcohol Review 1991;10(1):15166. Jones RK, Shinar D, Walsh JM. State of knowledge of drug-impaired driving. Dept of Transportation (US), National Highway Traffic Safety Administration (NHTSA); 2003. Report DOT HS 809 642. Liu S, Siegel PZ, Brewer RD, Mokdad AH, Sleet DA, Serdula M. Prevalence of alcohol-impaired driving. Results from a national self-reported survey of health behaviors. Journal of the American Medical Association 1997;277(2):1225. Miller BA, Whitney R, Washousky R. Alcoholism diagnoses for convicted drinking drivers referred for alcoholism evaluation. Alcoholism: Clinical & Experimental Research 1986;10(6):6516. National Committee for Injury Prevention and Control. Injury prevention: meeting the challenge. American Journal of Preventive Medicine 1989;5(3 Suppl):1237. Paulozzi LJ, Patel R. Changes in motorcycle crash mortality rates by blood alcohol concentration and age United States, 1983 - 2003. MMWR 2004;53(47):1103-6. Quinlan KP, Brewer RD, Siegel P, Sleet DA, Mokdad AH, Shults RA, Flowers N. Alcohol-impaired driving among U.S. adults, 1993-2002. American Journal of Preventive Medicine 2005;28(4):345-350. Shults RA. Child passenger deaths involving drinking driversUnited States, 19972002 [published erratum appears in MMWR 2004;53(5):109]. MMWR 2004;53(4):779. Shults RA, Elder RW, Sleet DA, Nichols JL, Alao MO, Carande-Kulis VG, et al. Reviews of evidence regarding interventions to reduce alcohol-impaired driving. American Journal of Preventive Medicine 2001;2(4 Suppl):6688. Wells-Parker E, Bangert-Drowns R, McMillen R, Williams M. Final results from a meta-analysis of remedial interventions with drink/drive offenders. Addiction 1995;90:907-26. Zador PL, Krawchuk SA, Voas RB. Alcohol-related relative risk of driver fatalities and driver involvement in fatal crashes in relation to driver age and gender: an update using 1996 data. Journal of Studies on Alcohol 2000;61:387-95. Contact Information National Center for Injury Prevention and Control Mailstop K65 4770 Buford Highway NE Atlanta, GA 30341-3724 Phone: 770.488.1506 Fax: 770.488.1667 Email: OHCINFO@cdc.gov News | Facts | Data | Publications | Funding | Contact Us CDC Home | CDC Search | Health Topics A-Z Privacy Notice - Accessibility This page last reviewed 01/23/06 . Centers for Disease Control and Prevention National Center for Injury Prevention and Control

Arizona DUI Lawyer DWI

DWI DUI OWI OUI Driving in Arizona 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 This is a database of Arizona dui, dwi laws information that has been contributed by dui, dwi attorneys in Arizona . All Arizona dui, dwi defense counsel are welcome to join the International Referral Database of DUI, DWI, Impaired and Drunk Driving, Lawyers & Attorneys . A Arizona attorney is your best source of legal information about dui, dwi law in Arizona . Arizona legislation respecting dui, dwi can be found by clicking on "DUI and DWI Legislation" below. Arizona dui, dwi attorneys attend dui, dwi court at the dui, dwi "DUI Courthouses and DWI Courthouses" Directory link below. Breath instruments used in Arizona dui, dwi investigations are also linked at "BAC Instruments Used in DUI Court and DWI Court Cases" below as well as "DUI and DWI Breath and Blood Collection Standards", that is dui, dwi alcohol test standards for Arizona . The "Summaries of Arizona dui, dwi Law" page contains short summaries of Arizona dui, dwi laws on a single page provided by each Arizona attorney who has chosen to participate. This is an excellent DUI page to print. The Arizona "First Appearance in dui, dwi Court" page contains basic information about what to do before and at dui, dwi Court in Arizona . It is a good idea to "Be Early for dui, dwi Court in Arizona for the reasons linked below . Find out "What to Wear to Arizona dui, dwi Court". Information is also provided respecting government dui, dwi DMV MOT facilities in "Directory of Motor Vehicle Offices" for Arizona . If you have been charged with dui, dwi in Arizona , please consult a Arizona dui, dwi lawyer or Arizona dui, dwi attorney forthwith . Arizona attorneys who wish to participate in this database should visit the AddingYour Firm page. We welcome DUI lawyers, attorneys, and barristers who speak languages other than English as well as DWI lawyers, attorneys, and barristers who practise outside Canada and the United States. In the future we hope to provide this database in French, Polish, Spanish and other languages. Please provide your suggestions to biss@lawyers.ca . 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Attorneys in Winkelman , Arizona DUI Lawyers , DWI Attorneys Winkelman, AZ DWI Drunk Driving Lawyers DUI Attorneys in Winslow , Arizona DUI Lawyers , DWI Attorneys Winslow, AZ DWI Drunk Driving Lawyers DUI Attorneys in Winslow West , Arizona DUI Lawyers , DWI Attorneys Winslow West, AZ DWI Drunk Driving Lawyers DUI Attorneys in Yarnell , Arizona DUI Lawyers , DWI Attorneys Yarnell, AZ DWI Drunk Driving Lawyers DUI Attorneys in Young , Arizona DUI Lawyers , DWI Attorneys Young, AZ DWI Drunk Driving Lawyers DUI Attorneys in Youngtown , Arizona DUI Lawyers , DWI Attorneys Youngtown, AZ DWI Drunk Driving Lawyers DUI Attorneys in Yuma , Arizona DUI Lawyers , DWI Attorneys Yuma, AZ DWI Drunk Driving Lawyers 2905 | 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.

DUI School completion and

Florida DUI Guide: DUI Library - Florida DUI Laws Everything You Need to Know About First Offender DUI / DWI, Drinking Driving and Drugs Home | State By State Help | DUI Lawyers | Insurance Help | Breath Testers | DUI Videos DUI Library Florida Topics Florida DUI Florida Car Insurance Florida DUI Lawyers Florida DUI Library Google Search Results Florida DUI Laws Florida DUI and Administrative Suspension Laws How do I reinstate my license after a conviction for Driving Under the Influence (DUI)? 1st DUI - 180 day to 1 year revocation effective on conviction date. Before expiration of the revocation period, you may apply for a hardship license in the county where you live. DUI School completion and treatment, if referred, is required. You then can apply for a hardship license in any Administrative Review Office (see listing "Under Suspension - Need Driver License for Work") where you live. If you wait to reinstate your license until your revocation period ends, you must present proof of enrollment or completion of DUI School and treatment, if referred, is required. Failure to complete the course within 90 days after reinstatement will result in cancellation of your driver license by the department until the course is completed and failure to complete treatment may result in cancellation of your driver license. At the time of reinstatement, whether for a hardship license or a full license, you must take the required examination, and pay $115 administrative fee and $60 reinstatement fee and any license fee required. Proof of liability insurance on the arrest date will be required or proof of liability coverage and a $15 reinstatement fee will be required. 2nd DUI conviction in more than 5 years will result in a 180 day to 1 year revocation. You cannot reinstate early for hardship. The full revocation period must be served before requesting driver license reinstatement. The second DUI conviction within a five-year period will result in a five-year revocation. You may apply for a hardship license at the Administrative Review Office after serving one year from effective date of revocation. DUI School, and treatment, if referred, must be completed and you must have a favorable recommendation from the Special Supervision Services Program to be eligible for a hardship license. If given approval to reinstate early for hardship, you must present this approval to the driver license office. You must remain in the Special Supervision Services Program for the duration of the revocation period to retain your hardship license. If you wait to reinstate until after your revocation period ends, you must present proof of enrollment or completion of DUI School, and treatment, if referred, is required. Failure to complete the course within 90 days after reinstatement will result in cancellation of your driver license by the department until the course is completed and failure to complete treatment may result in cancellation of your driver license. At the time of reinstatement, whether for a hardship license or a full license, you must take the required examination, and pay $115 administrative fee and $60 reinstatement fee and any license fee required. Proof of liability insurance on the arrest date will be required or proof of liability coverage and a $15 reinstatement fee will be required. 3rd DUI conviction in more than 10 years will result in a 180-day to 1-year revocation unless 2 of the convictions fall within 5 years in which case a five-year revocation will apply. You are not eligible for a hardship license, but must wait out the revocation period. A 3rd DUI within a 10-year period will result in a 10-year revocation. You must serve 2 years of this revocation period before being eligible to apply for a hardship license in the Administrative Review Office (see listing "Under Suspension - Need Driver License for Work") where you live. You must complete DUI School, and treatment, if referred, and have a favorable recommendation from the Special Supervision Services Program to be eligible for a hardship license. If given approval to reinstate early for hardship, you must present this approval to the driver license office. You must remain in the Special Supervision Services Program for the duration of the revocation period to retain your hardship license. If you wait to reinstate until after your revocation period ends, you must present proof of enrollment or completion of DUI School, and treatment, if referred, is required. Failure to complete the course within 90 days after reinstatement will result in cancellation of your driver license by the department until the course is completed and failure to complete treatment may result in cancellation of your driver license. At the time of reinstatement, whether for a hardship license or a full license, you must take the required examination, and pay $115 administrative fee and $60 reinstatement fee and any license fee required. Proof of liability insurance on the arrest date will be required or proof of liability coverage and a $15 reinstatement fee will be required. 4th DUI or Subsequent DUI Conviction will result in a permanent revocation. There is no provision for a hardship license. Driving with an unlawful alcohol level (DUBAL) (.08) You will be suspended as of the arrest date for 6 months for the first offense and one year for any other offense of DUBAL. You will be given a 30-day permit on the date of the arrest. Once the permit has expired, then 30 days of the suspension must be served before he/she is eligible to apply for a hardship license. You will be eligible for a hardship license on the first and any consecutive suspension. You must provide proof of enrollment in a DUI School to the Administrative Review Office (see listing "Under Suspension - Need Driver License for Work") for consideration for a hardship license. If given approval to reinstate early for hardship, you must present this approval to the driver license office. Failure to complete the course within 90 days after reinstatement will result in cancellation of your driver license by the department until the course is completed. Treatment, if referred, is required. Failure to complete treatment may result in cancellation of your driver license. If you reinstate after your revocation period ends, you must provide proof of DUI School enrollment or completion to the driver license office. Failure to complete the course within 90 days after reinstatement will result in cancellation of your driver license by the department until the course is completed. Treatment, if referred, is required. Failure to complete treatment may result in cancellation of your driver license. At the time of reinstatement, whether for a hardship license or a full license, you must take the required examination, and pay $115 administrative fee and $35 reinstatement fee and any license fee required. Proof of liability insurance on the arrest date will be required or proof of liability coverage and a $15 reinstatement fee will be required. How do I reinstate my license after a suspension for refusal to submit to a breath/urine test? You will be suspended as of the arrest date for one year for the first offense and 18 months for any consecutive offenses. You will be given a 30-day permit on the date of arrest and when the permit expires must serve 90 days of the suspension before he/she is eligible to apply for a hardship license on the first suspension. No hardship license is permitted if you have refused to submit more than 2 times. You must provide proof of enrollment in a DUI School to the Administrative Review Office (see listing "Under Suspension - Need Driver License for Work") for consideration for a hardship license. If given approval to reinstate early for hardship, you must present this approval to the driver license office. Failure to complete the course within 90 days after reinstatement will result in cancellation of your driver license by the department until the course is completed. Treatment, if referred, is required. Failure to complete treatment may result in cancellation of your driver license. If you reinstate after your revocation period ends, you must provide proof of DUI School enrollment or completion to the driver license office. Failure to complete the course within 90 days after reinstatement will result in cancellation of your driver license by the department until the course is completed. Treatment, if referred, is required. Failure to complete treatment may result in cancellation of your driver license. At the time of reinstatement, whether for a hardship license or a full license, you must take the required examination, and pay $115administrative fee and $35 reinstatement fee and any license fee required. Proof of liability insurance on the arrest date will be required or proof of liability coverage and a $15 reinstatement fee will be required. What happens to my driving privilege if convicted of driving a commercial motor vehicle under the influence? You are disqualified from driving a commercial motor vehicle for one year and you are not eligible for a hardship license. You must wait the full year, then pay a $60.00 fee and restore the commercial drivers license. If you were transporting hazardous materials when convicted, the disqualification is for three years. What happens to my driving privilege if convicted of driving a commercial motor vehicle with unlawful alcohol level (.04)? You are disqualified from driving a commercial motor vehicle for one year and are not eligible for a hardship license. You must wait the full year, then pay a $60.00 fee and reinstate the commercial drivers license. If you were transporting hazardous materials when convicted, the disqualification is for three years. What happens to my driving privilege if convicted of driving a commercial motor vehicle in possession of controlled substance? You are disqualified from driving a commercial motor vehicle for one year and are not eligible for a hardship license. You must wait the full year, then pay $60.00 fee and restore the commercial drivers license. What happens to my driving privilege if convicted of driving a commercial motor vehicle and I refused the test to determine alcohol level? You are disqualified from driving a commercial motor vehicle for one year and are not eligible for a hardship license. You must wait the full year, pay $60.00 fee and restore the commercial drivers license. What happens to my driving privilege if I'm convicted of driving a commercial motor vehicle and I received 3 traffic violations within 3 years? You are disqualified from driving a commercial motor vehicle for 120 days. After 120 days, pay $60 fee and restore the commercial drivers license. What happens to my driving privilege if convicted of driving a commercial motor vehicle and I received 2 traffic violations within 3 years? You are disqualified for 60 days from driving a commercial motor vehicle. After 60 days, pay $60.00 fee and restore the commercial drivers license. See full Explanation at Florida Department of Highway Safety and Motor Vehicles http://www.hsmv.state.fl.us/ddl/duilaws.html Home > State By State Help > Florida DUI > DUI Research Library > Florida DUI Laws DISCLAIMER : This website provides only general information intended for those charged with drunk driving offenses. The information and news items on the site are for information only. This information is not legal advice, nor is it intended to create any binding advisory relationship. Do not take action based upon this information unless you consult with an attorney or other specialist. © 2005 Drivers Research Institute   All Rights Reserved   Send eMail   Advertise With Us

DUII On Tuesday, February

CVU Press Conference on DUII Bills CVU Press Conference on DUII Bills CRIME VICTIMS UNITED CVU Joins With Legislators and Advocates To Combat DUII On Tuesday, February 27, 2003, Crime Victims United held a press conference in the Capitol Building to introduce a group of bills aimed at reducing injuries and deaths caused by intoxicated drivers. HB 2900 (LC 2444-1) Sponsored by Representative Randy Miller Refusal of the Breathalyzer test. In 2001 there were 3257 people that refused the breath test in Oregon. (Source: Oregon State Police) There were 25,097 DUII offenses in the year 2001 in our state. (Source: Oregon State Police) Penalty for refusal right now is a one-year suspension of driving privileges. There are no fines. The new law would require a fine of $500 to $1000. Nine states now impose a fine that ranges from $100 to $50,000 for refusal of the breath test. HB 2901 (LC 2443) Sponsored by Representative Randy Miller Acknowledgement of the risks of impaired driving. This bill requires drivers to sign an acknowledgement of risks when they apply for or renew a driver's license and when they register an automobile. Although everyone now knows that driving under the influence is potentially lethal and irresponsible, many people still do it. Some do it on a regular basis. Some DUII offenders go into court and claim that they didnt know the risks. This bill requires that all drivers explicitly acknowledge the risk of serious injury or death for others and the risk of prolonged imprisonment for themselves. The average alcohol related fatality in Oregon costs society $3.5 million, $1.3 million in monetary cost and $2.2 million in quality of life losses according to the National Highway Traffic Safety Administration. Including this message on license and registration applications in the state of Oregon will send an important and needed message. MADD supports this legislative concept. SB 421 Sponsored by Senator Tony Corcoran and Senator John Minnis Raise the crime of criminally negligent homicide to category 9 on the sentencing guidelines crime seriousness scale. Currently in Oregon, a person convicted of criminally negligent homicide who has no prior juvenile felonies or adult misdemeanors would normally be sentenced to 16 to 18 months in prison. This bill would raise the presumptive sentence to 34 to 36 months for taking a persons life. Alcohol related crash deaths are one of the most often committed violent crimes in Oregon. MADD supports an increase in sanctions for criminally negligent homicide, including raising the crime from level 8 to level 9 on the sentencing guidelines grid. SB 732 (LC 2530) Sponsored by Senator John Minnis Mandates impoundment of vehicle upon conviction of driving while suspended or revoked. Specifies minimum lengths of impoundment. Many people who are convicted of driving under the influence, and whose driving privileges are suspended or revoked, drive anyway. At the present time, the sanctions for driving while suspended are an indeterminate impoundment of the vehicle driven and a fine of $250 to $500. There were 57,000 convictions posted in 2001 for driving while suspended or revoked. (Source: Oregon Department of Motor Vehicles) San Francisco, California safety officials credit their 30 day impoundment law with a 63% drop in alcohol related fatal and injury crashes. LC 2879 Sponsored by Representative Jeff Barker Amends current statute so that upon the third conviction for misdemeanor driving under the influence of intoxicants, an offender loses driving privileges permanently. Under current Oregon statute, this loss of privileges may be appealed after 10 years. Currently Oregon law states that the first three convictions of driving under the influence of intoxicants are Class A misdemeanors, only becoming a Class C felony on the fourth conviction. Thus, not until a fourth conviction for DUII do offenders lose their driving privileges. Speakers List Representative Randy Miller (R- West Linn) has nearly 20 years experience in both the House and the Senate and presently is the Assistant Majority Leader and co-chairs the Joint Ways and Means Committee. Representative Jeff Barker (D-Aloha) is a retired police lieutenant who served in the Portland Police Bureau for 28 years. He now serves on the House Judiciary Committee. Senator Tony Corcoran (D-Cottage Grove) serves on the Revenue Committee and the Business, Labor, and Economic Development Committee. He has served in the Legislature since 1995. One of his goals this term is to increase law enforcement efforts to eradicate methamphetamine labs. Steve Doell, President of Crime Victims United, was instrumental in passage of legislation and initiatives which have reversed the rising juvenile crime rate in Oregon. His daughter Lisa Doell was murdered in 1992 when a violent youth intentionally ran her over with his car. Anne and Bruce Pratt , from Springfield, Oregon, lost their 23-year old son Brian to a drunk driver on September 18, 1998. The driver had a long record of irresponsible driving, yet served less than 2 years for killing Brian. Over the past few years the Pratts have volunteered their time and energy to help Crime Victims United with legislation to hold drunk drivers responsible for their actions. Janet Lovelace , from Pleasant Hill, Oregon, lost her beautiful daughter Katie to a hit and run driver who tried to escape all responsibility for taking her life. Janet was instrumental in passage of "Katie's Bill" in the 2002 legislative session. She and Anne and Bruce Pratt have worked together in writing three of the bills in this package of legislation. Barbara Stoeffler , from Eugene, Oregon, lost her son Mark to a drunk driver in 1973. She founded the Lane County Chapter of Mothers Against Drunk Driving in 1982. She was appointed to the Oregon Governor's Task Force on Drunk Driving in 1982 and helped pass new cornerstone laws during the 1983 Session. She is currently chair of the Lane County Victim Impact Panel. Josh Marquis is the Clatsop County District Attorney and past president of the Oregon District Attorney's Association. He works tirelessly in the pursuit of victims rights and justice. Home | Top | Search