DUI (Driving Under the Influence) Attorney

A DUI (Driving Under the Influence) is defined as opertaing any motorized machinery under the influence or alcohol or drugs, in some cases even both. A police officer will arrest you if they have any reason to assume you are under the influence. If convicted of this criminal offense, you may be charged with a fine from $1,000 to $1,600, license suspension for at least 6 months, 96 hours to 6 months in jail, ordered to attend a Driving Under the Influence program, may have an Ignition Interlock Device, and a California SR22 insurance is required for a restricted license.

DUI/DWI

In every state, it is a crime for a driver to operate the 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" also referred as an "FST" 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 test 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 6 months to a year. Often, license sanctions for a 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.

"Pre 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 0.08 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 0.00), or with negligible BAC levels such as 0.01 or 0.02.

State-by-state listing of laws associated with DUI:

State

AK

AL

AR

AZ

CA

CO

CT

DC

DE

FL

GA

HI

IA

ID

IL

IN

KS

KY

LA

MA

MD

ME

MI

MN

MO

MS

MT

NC

ND

NE

NH

NJ

NM

NV

NY

OH

OK

OR

PA

RI

SC

SD

TN

TX

UT

VA

VT

WA

WI

WV

WY

"Per Se" BAC Level

0.08

0.08

0.08

0.08

0.08

0.08

0.08

0.08

0.08

0.08

0.08

0.08

0.08

0.08

0.08

0.08

0.08

0.08

0.08

0.08

0.08

0.08

0.08

0.08

0.08

0.08

0.08

0.08

0.08

0.08

0.08

0.08

0.08

0.08

0.08

0.08

0.08

0.08

0.08

0.08

0.08

0.08

0.08

0.08

0.08

0.08

0.08

0.08

0.08

0.08

0.08

"Zero Tolerance" BAC Level

0.00

0.02

0.02

0.00

0.01

0.02

0.02

0.00

0.02

0.02

0.02

0.02

0.02

0.02

0.00

0.02

0.02

0.02

0.02

0.02

0.00

0.00

0.02

0.00

0.02

0.02

0.02

0.00

0.02

0.02

0.02

0.01

0.02

0.02

0.02

0.02

0.00

0.00

0.02

0.02

0.02

0.02

0.02

0.00

0.00

0.02

0.02

0.02

0.02

0.02

0.02

Enhanced Penalty BAC Level

--

--

0.18

0.15

0.20

0.20

0.16

--

0.20

0.20

0.15

--

0.15

0.20

0.20

0.15

0.15

0.18

0.15

--

--

0.15

--

0.20

--

--

--

0.16

--

--

0.16

--

0.16

0.18

--

0.17

0.15

--

0.16

0.15

--

0.17

0.20

--

0.16

0.20

--

0.15

0.20

--

--

"Implied Consent" Law

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

 

DUI Laws

• "Per Se" Blood Alcohol Concentration (BAC) Level

As of August 2005, all states have DUI laws thatdeem "per se intoxicated" any driver with a blood-alcohol concentration (BAC) at or above .08 percent. 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. This chart identifies the "per se intoxicated" BAC levels for each state.

• "Zero Tolerance" Blood Alcohol Concentration (BAC) Level

All states 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 percent. This chart identifies the "zero tolerance" BAC levels for each state.

• "Enhanced Penalty" Blood Alcohol Concentration (BAC) Level

Many states impose harsher penalties on DUI offenders with a particularly high BAC at the time of the offense, typically .15 to .20 percent. DUI offenders with a BAC at or above their state's enhanced penalty standards will likely face additional jail time, harsher fines, and more severe driver's license sanctions. This chart identifies the "enhanced penalty" BAC levels for each state.

• "Implied Consent" Laws

"Implied consent" laws require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of DUI. 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. This chart indicates "implied consent" laws for each state.

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

• 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;
• Whether the driver was under the legal drinking age at the time of the DUI violation.

For a state-by-state listing of certain penalties associated with DUI, click here.

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

• 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.

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