dui's

Bigkarch

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dui's

DUI - The Basics
In every state, it is a crime for a driver to operate a vehicle while impaired by the effects of alcohol or drugs. The specific offense may be called driving under the influence (DUI), driving while intoxicated (DWI), operating under the influence (OUI), and even operating a motor vehicle intoxicated (OMVI). Whatever the specific title, DUI laws make it unlawful for a person to operate a car, truck, motorcycle, or commercial vehicle if:


The driver's ability to safely operate the vehicle is impaired by the effects of alcohol, illegal drugs, prescribed medications such as painkillers, or even over-the-counter medications such as antihistamines; or

The driver is intoxicated at a level above established DUI standards, such as blood-alcohol concentration (BAC).
Field Sobriety and Chemical Tests

When a law enforcement officer makes a vehicle stop and suspects that the driver may be intoxicated, the officer will conduct a "field sobriety" test on the driver, and may ask for his or her consent to some form of chemical test for intoxication.

Field sobriety tests usually involve a police officer asking a driver to perform a number of tasks that assess any impairment of the person's physical or cognitive ability. Examples of field sobriety tests include having the driver walk a straight line, heel to toe; having he or she recite the alphabet backwards; and the officer's use of the "horizontal gaze nystagmus" (eye and penlight) test.

Chemical tests can be conducted during the vehicle stop, using a Breathalyzer that measures a driver's blood-alcohol concentration (BAC), or at a hospital, where urine and blood tests can be performed. Many states allow a driver suspected of DUI to choose which type of chemical test is administered.

Refusing a Chemical Test: "Implied Consent" Laws

All states have "implied consent" laws that require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of DUI. The logic behind such laws is that, by assuming the privilege of driving a vehicle on state roads and highways, drivers have effectively given their consent to DUI testing when a police officer reasonably believes the driver is under the influence of alcohol or drugs. If a driver refuses to submit to such testing, implied consent laws carry penalties such as mandatory suspension of a driver's license, usually for six months to a year. Often, license sanctions for test refusal are more harsh than those imposed after DUI test failure. In most states a driver's refusal to submit to a chemical test may be used to enhance the penalties imposed if he or she is eventually convicted for DUI.
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The Big Hungarian
 

Bigkarch

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Per Se" and "Zero Tolerance" DUI Laws

All states have DUI laws that deem "per se intoxicated" any driver with a blood-alcohol concentration (BAC) above a set limit. In states like California and New York, this means that drivers with a BAC at or above .08 are intoxicated in the eyes of the law, and no additional proof of driving impairment is necessary.

All states also carry "zero tolerance" laws that target drivers under the legal drinking age. These laws penalize persons under 21 for operating a vehicle with any trace of alcohol in their systems (a BAC above 0.0), or with negligible BAC levels such as .01 or .02.

Keep in mind that a driver may still be arrested and convicted for DUI without proof of "per se" intoxication, when other evidence of impaired driving is shown. For example, a driver with a .06 BAC level can be found guilty of DUI if an arresting law enforcement officer testifies that he observed the driver's vehicle swerving badly, and that the driver exhibited both slurred speech and severe inattention during questioning after a vehicle stop.

DUI Convictions: Criminal Penalties

A DUI conviction may carry criminal penalties including fines, jail time, probation, and community service. Some state laws impose certain minimum penalties for first-time offenses, then designate increased penalties for each offense thereafter. Severity of criminal penalties will vary according to the circumstances of the offense, including:


Whether the driver has a history of DUI violations;

Whether the driver was operating a commercial vehicle at the time of the DUI;

Whether the DUI violation occurred while there was a child in the vehicle;

Whether the DUI violation occurred simultaneously with another dangerous moving violation, such as reckless driving;

Whether the DUI violation involved a car accident in which property damage occurred;

Whether the DUI violation involved a car accident in which another person was injured or killed; and

Whether the driver was under the legal drinking age at the time of the DUI violation.
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The Big Hungarian
 

Bigkarch

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DUI Arrest and Conviction: Driving Privilege Penalties

In addition to potential criminal penalties, a DUI arrest or conviction will have an immediate negative impact on driving privileges.

Most state laws allow a motor vehicle department to immediately suspend the driver's license of any person operating a vehicle with a BAC above the state limit for intoxication, or any driver who refuses to submit to BAC testing. The driver's vehicle may also be confiscated or impounded, and the DUI offender will likely incur significant administrative costs. This loss of driving privileges can normally occur even before a DUI conviction. Most states allow a DUI arrestee to obtain a temporary license and request an administrative hearing at which he or she may argue against license suspension, or for restoration of limited driving privileges.

As with criminal penalties, the impact of a DUI arrest or conviction on driving privileges will vary according to the driver's history of DUI violations and the severity of the offense. An increasingly popular DUI penalty, especially for repeat offenders, is mandatory installation of an "ignition interlock" device on the offender's vehicle. This breath-testing device measures the vehicle operator's BAC, and will prevent operation of the vehicle if more than a minimum amount of alcohol is detected, such as BAC level of .02. Where this punishment is utilized, most states require the DUI offender to pay costs of installation, rental, and maintenance of the ignition interlock device. Rental fees alone can amount to as much as three dollars per day, so a DUI offender's expenses can add up quickly when an ignition interlock device is required.For a state-by-state listing of certain penalties associated with DUI, go here.

Plea Bargains in DUI Cases

Due to recent law enforcement trends that focus on preventing DUI by penalizing offenders harshly, most district attorney offices refuse to negotiate plea bargains in DUI cases. This is especially true if evidence of the violation is strong. In fact, many states have enacted laws that prohibit government attorneys from entering into plea bargains with DUI defendants. However, in rare cases a DUI charge may be reduced to a lesser offense like reckless driving or an "open beverage" violation.

Getting an Attorney's Help in a DUI Case

If you or a loved one are arrested for DUI, you may need the assistance of an experienced DUI defense lawyer. Unlike civil law cases, in which money or property may be at stake, people charged with DUI may face jail time and driver's license revocation. A skilled attorney who specializes in defending DUI cases will evaluate all the evidence, including the procedure and results of any field sobriety and chemical tests, to ensure that your legal rights are protected
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The Big Hungarian
 

Eleven11

Trusted Member
I read on an attorney web site that refusing a field sobriety test is within the rights of the driver, that doing them only adds to the officers case.
Was told to respectfully decline and if the officer really feels you are intoxicated that you'll agree to the breathalyzer which IS required by law or thats an automatic admission to guilt............11
 

Bigkarch

New member
refusing a test In cali....can result in a yr license suspension.

now if the cops believe your drunk,,,,,,,,,,,,they can force a blood test....there are defenses both ways..depends on the circumstances
 
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Vicious Cycle

Trusted Member
If the officer says he pulled you over because your license plate lamp did not illuminate, but the vehical didn't come with one does that matter.

The officer didn't fine my buddy, he drove us home and said he might get a public drunkeness fine in the mail.

Should he fight that?
 

wallyd

Trusted Member
so it is not cut and dry whether to blow or refuse to blow? i heard that if you don't blow it is less evidence for them to use against you.
 

Grizzly

Man Whore Expert
Don't blow!!!!! EVER!!!!! Fucking never, ever, ever, ever, ever, ever blow! There is no debating this in any way shape or form.

You'll lose your license either way, but you have no defense whatsoever if you blow.
 

spanky

Trusted Member
What they do here (TX), is have a judge on call. Usually riding around town with a patrol unit on weekends. If you refuse the FST and Breathalyzer, the cop gets that judge to sign a warrant for blood. The part that's getting sticky is refusing or not complying with the warrant. Most submit but one local refused the blood withdrawal. I believe they won't physically restrain you and slap you with contempt of court charge.
 

ian smith

Trusted Member
I had a DUI when I was 19,, Im 36 now. I have no idea how some people get more than one,, and I was a raging drunk for many years.

I have a friend who I met when I first went to AA back in O3,, he had a black out and killed 3 sisters in a head on collision.. He finally got sentenced in 04 or 05,,, for 12 years.. Terrible deal, I went to court with him,, the family members each spoke, was heart renching.. He got off easy, even he admits it,, he will be up for parole this year.. I use to go round and round with people at the meetings,, they allways said it wasnt his fault,, it was because he had a disease... I never agreed with this and he was my friend.. Even he never agreed with them.. Luckily he was young when he went in,, 23 or 24. We write back and forth and he says he will allways be haunted by this, and he should.. Alcoholics shouldnt be held to a different standard when it comes to situations like this.
 

Bigkarch

New member
being a recovering alcoholic myself I hear about the so called disease...its not your faualt...my father was an alcoholic.... I am the one that put that booze in my body...dont know about a gene or such...I just know I did this to my self.... a disease is cancer....alcoholism is well...im not sure....glad to see others here going to aa


but in cali..refusing a test..they can strap you down and draw blood... its called the implied consent law...
 

Vicious Cycle

Trusted Member
being a recovering alcoholic myself I hear about the so called disease...its not your faualt...my father was an alcoholic.... I am the one that put that booze in my body...dont know about a gene or such...I just know I did this to my self.... a disease is cancer....alcoholism is well...im not sure....glad to see others here going to aa


but in cali..refusing a test..they can strap you down and draw blood... its called the implied consent law...
So how about my buddy in PA?
 

Bigkarch

New member
So how about my buddy in PA?
ive actually never heard of an officer taking a drunk home and saying he may get a fine in the mail...never....I doubt he will get one..plus how can he prove your buddy was drunk enough to get a fine..wait and see if he gets anything in the mail...there a many loopholes in that one...
 

Vicious Cycle

Trusted Member
ive actually never heard of an officer taking a drunk home and saying he may get a fine in the mail...never....I doubt he will get one..plus how can he prove your buddy was drunk enough to get a fine..wait and see if he gets anything in the mail...there a many loopholes in that one...
Thanks big guy. I'll pass that along.

How are you making out with your demons?
 

Toyoda

Trusted Member
Don't blow!!!!! EVER!!!!! Fucking never, ever, ever, ever, ever, ever blow! There is no debating this in any way shape or form.

You'll lose your license either way, but you have no defense whatsoever if you blow.
My little brother is a DUI defense attorney in Miami he says the exact same thing all tests are set up for you to fail, if you get pulled out of your vehicle 99.9% of the time your going to jail anyway.
 

Bigkarch

New member
here in cali its tough...we have the implied consent ...they can force a test...if they show they have probable cause...and thats easy.....and then there is the admin per sey where dmv suspends your licends for up to year...

if a refuse a test and a cop has probable cause he believes your dui....he can litteraly hand cuff you and take you to the hospital to get a blood draw...then its your ass when it comes time for dmv hearing....they dont care of the outcome..just that you refused...
 
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Grizzly

Man Whore Expert
My little brother is a DUI defense attorney in Miami he says the exact same thing all tests are set up for you to fail, if you get pulled out of your vehicle 99.9% of the time your going to jail anyway.
Oh yeah, dude, you have to be one lucky SOB to be let go. If they ask you out, they already plan on making the arrest.

Trust me. I have a lot of experience with this. ;)
 

juaneye

Trusted Member
here in cali its tough...we have the implied consent ...they can force a test...if they show they have probable cause...and thats easy.....and then there is the admin per sey where dmv suspends your licends for up to year...

if a refuse a test and a cop has probable cause he believes your dui....he can litteraly hand cuff you and take you to the hospital to get a blood draw...then its your ass when it comes time for dmv hearing....they dont care of the outcome..just that you refused...[/QUOTE]

but remember, we live in a free country??????? :eek:
 
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