The Difference Between DUI, and OUI in Maine

Technically, DUI means driving under the influence of some type drug. Under Maine’s Bureau of Motorized Vehicle (BMV), the definition for DUI under code §2401 states “Under the influence of intoxicants” means being under the influence of alcohol, a drug other than alcohol, a combination of drugs or a combination of alcohol and drugs.

The same code defines “OUI” as operating under the influence of intoxicants or with an excessive blood-alcohol level. OUI in Maine is similar to the term DWI used in other states. DWI means simply driving while intoxicated, and in many states, refers to the use of alcohol.

The use of DUI and OUI can be interchangeable, but OUI usually refers more to the severity the drug has metabolized within the offending person’s body. Convicted first time offenders can receive jail time, a stiff fine, and driver’s license suspension with a conditional reinstatement for one year. The conviction, even a first time conviction, stays on your record permanently.

According to a news article in dui.com and posted July 14, 2009, “Effective today, those stopped for suspicion of driving under the influence in Delaware will be facing twice the fines, and repeat offenders could be sentenced to jail for up to 15 years.” All across our nation, whatever term you refer to drinking and driving or drunk driving, states are clamping down on these type traffic violations.

When you face these kinds of charges, it is no time to handle your case all by yourself. You may need an attorney who  understand the subtle differences in the legal jargon of Maine law, and who specializes in representing YOUR best interests.

‘Heroes’ Star Arrested For Suspicion Of DUI In California

LOS ANGELES, CA - SEPTEMBER 07:  Actor Adrian ...
Image by Getty Images via Daylife

The Associated Press reports that Adrian Pasdar, who plays Nathan Petrelli on NBC’s “Heroes,” was arrested early this morning on The 405 freeway in Los Angeles.

According to the report, his F-150 was straddling two lanes and traveling at 94 mph when California Highway Patrol pulled him over just before 3 am.

Los Angeles County Sheriff’s Department says that he was released at around 8:30 am on $15,000 bail.

Pasdar is married to Dixie Chicks singer Natalie Maines.

Even Innocent Farts in Florida are No Laughing Matter

In September of 2008, Jose Cruz was just minding his on business driving after dark down a thoroughfare in West Charleston, West Virginia. Just because his lights were not on, he felt, was no good reason for the police to stop him.

On top of the seemingly insult and after failing a field sobriety test, he was arrested and hauled off to jail for further testing. Once in the booking and testing room, Palmer, a certified policeman who administers such tests, proceeded to give Cruz a breathalyzer test. After having already loudly passed gas multiple times, when Palmer tried to place the breathalyzer on Cruz’s face, the besieged man lifted his leg, let our a horrendous fart, fanned it toward Palmer’s face, and declared, “Here, put that in your breathalyzer.”

At that point, with no where else to go, the police surrounded Cruz and rearrested him once again, but this time, according to police complaints, they charged him with battery on a police officer. The official complaint noted, “the gas was very odorous and created contact of an insulting or provoking nature with Palmers.”

Cruz’s defense was that he “retaliated against the cop because the cop gave a breath test while he was having an asthma attack.” Cruz has been arrested multiple times on charges of DUI, but the battery charge was later dropped after a very short plea bargain.

Although drunk people can do some humorous things, even innocent farts, in Florida are no laughing matter when it comes to the seriousness of drunk driving. In 2007, an estimated 12,998 people in the U.S. died in alcohol-impaired traffic crashes involving a driver with an illegal blood alcohol content. These deaths constitute 31.7 percent of the 41,059 total traffic fatalities in 2007.

Third time DUI convictions in Florida can cost you up to one year in jail, up to a $5000 fine, up to a ten year license suspension, mandatory ignition interlock device for two years, mandated DUI School, and your vehicle being impounded for 90 days. On top of all this, in most states across the United States, after a conviction of driving under the influence of any type of drug including alcohol, you are branded a criminal, and the conviction goes on your permanent driving record that is public information.

So, if you have been accused of drunk driving or any similar charge, it is no time to be funny about such matters. Get professional help! There are attorneys in your area that can help. Contact DUIAttorneyHome.com right now, so that we can help you find a professional that will take a more serious and sane approach to your predicament.

The Difference Between DUI and DWI in California

Technically, DUI means driving under the influence of some type drug. That can mean alcohol, prescriptions, or illegal drugs. DWI means simply driving while intoxicated, and in many states, refers to the use of alcohol. The use of the terms can be interchangeable but DWI usually refers more to the severity the drug has metabolized within the offending person’s body.

California DUI / DWI arrests trigger two separate cases: In court, and at the Department of Motor Vehicles (DMV). Concerning the DMV case, time is of the essence in responding to the Department concerning the charges against you. Your driver’s license will automatically be suspended if the accused does not request a DMV hearing before the 11th day after being accused. The criminal case filed against California DUI / DWI defendants consists of two different statutes:

The first count, CVC section 23252 (a) focuses on whether the driver was under the influence of alcohol or drugs to the extent that they are “unable to drive their car with the same caution characteristic of a sober person, of ordinary prudence, under the same or similar circumstances.” This is the legal standard for being considered under the influence of alcohol or “DUI” in California courts.

The second count, known as the “per se” charge and CVC section 23252 (b), concentrates on whether the driver’s blood alcohol content (BAC) was .08 percent or greater. Whether the motorist seemed to be driving perfectly before the traffic stop or performed with textbook precision doesn’t matter with this count. It is a charge that is based purely on body chemistry.

Convictions for first time defendants can include heavy fines, jail sentences, license suspension, vehicle impounded, ignition interlock device, DUI school, probation, and community service.

According to the August 05, 2009 /24-7PressRelease/ -2009 Changes to California’s DUI Laws, “Each year, the state’s drunk driving laws get tougher and the punishments more severe. 2009 was no exception. The legislature passed a zero tolerance law for DUI offenders on probation, decreased the blood alcohol content (BAC) level needed to trigger the use of ignition interlock devices and made DUI programs mandatory for those on probation for a “wet reckless” driving charge.” The same clamp down effects every California driver whether you live in Los Angeles, Long Beach, San Jose, San Francisco, Sacramento, Oakland, San Diego, Fresno, Bakersfield, Stockton, or Orange County.

Whatever term you refer to drinking and driving or drunk driving, states are clamping down on these type traffic violations. When you face these kinds of charges, it is no time to handle your case all by yourself. You may need an attorney to help protect your rights. Contact DUIAttorneyHome.com to help you get in contact with a DUI lawyer who can help you understand the subtle differences in the legal jargon of California law

Teenagers and a DUI in the Allentown Area of Pennsylvania

It is illegal in most states for minors to be partaking of alcohol, marijuana, and other controlled substances, and to drive while doing so puts them in double jeopardy. Yet, teenagers are doing so at alarming regularity. Some studies show that 70 percent of teenagers drink alcohol, and 60 percent of all teen deaths in car accidents are alcohol-related. So, why do teenagers drink and then drive?

The answer varies, but I am sure the reason why most teenagers drink and then drive has not really changed all that much since I was a teenager some 45 years ago.

We all have to get from one place to the next, and socializing is in our nature. Before you consider drinking and driving in Pennsylvania, please know that regardless of whether or not you are a teenager, a first time DUI conviction can cost you up to six months probation, six months in prison, up to a $5000 fine, and up to a year of your driver’s license suspended.

If you are a teenager or have a teenager that has recently been accused of a DUI in places like Allentown, Bethlehem, or Easton, Pennsylvania, you are probably going to need professional help. Contact us right now at www.duiattorneyhome.com , and we will help you find the professional in your area who is not only understanding of the laws affecting teenage drunk driving, but they remember and understand what it was like when they were a teenager. They were once young, but they grew up, and now, they want to help you.

The Difference Between DUI and DWI in Missouri

Technically, DUI means driving under the influence of some type drug. That can mean alcohol, prescriptions, or illegal drugs. DWI means simply driving while intoxicated, and in many states, refers to the use of alcohol.

The use of the terms can be interchangeable but DWI usually refers more to the severity the drug has metabolized within the offending person’s body.

Missouri defines DWI as the offense of operating a motor vehicle in a physically or mentally impaired condition after consuming enough to raise one’s blood alcohol content above the statutory limit, or after consuming drugs.

Missouri usually adds another term related to drug abuse and driving, Driving Under the Influence of Drugs or DUID, but the definition for such is similar to the definition of DWI. So, the use of the term DUID relates to the law concerning types of drugs other than alcohol.

For first time offenses in Missouri, convictions can be quiet severe. Conviction of a first DWI or DUID is a class B misdemeanor that can carry the following penalties:

  • Jail: Up to a maximum of six months imprisonment.
  • Fine: Up to $500 plus court costs between $10 and $100.
  • Probation: The general terms of probation are no drinking, do not break the law, and attend the states Substance Abuse Traffic Offenders Program (SATOP). Probation usually lasts for 1 to 2 years and is commonly referred to as a Suspended Imposition Sentence or SIS.
  • Suspension of Driving Privileges: A 30-day license suspension followed by a 60-day restriction to driving only to and from work, in the course of employment, or to alcohol treatment is automatic. The suspension goes on the person’s driving record. The court may also require that a person be restricted to driving a motor vehicle which has an ignition interlock device while on probation. The device costs $50.00-100.00 to install and $50.00-$75.00 per month to maintain. A conviction will result in 8 points being assessed against the driver’s license.

Kansas City police are known to conduct a drunken driving checkpoints in areas known for drunken driving crashes or arrests.

Whatever term you refer to drinking and driving or drunk driving, states are clamping down on these type traffic violations. When you face these kinds of charges, it is no time to handle your case all by yourself. You may need an attorney who understands such cases. Contact DUIAttorneyHome.com to help you get in contact with a lawyer who can help you understand the subtle differences in the legal jargon of Missouri law, and who will represent YOUR best interests.

Facing DUI Related Accidents in California

Driving under the influence (DUI), the legal term most commonly used to describe the offense of drunk driving, has been attributed by the National Highway Traffic Safety Administration (NHTSA) of causing 15,387 of the 41,059 deaths by automobile accidents occurring in 2007. The figure represents 37 percent of the total fatal traffic accidents throughout the United States. The NHTSA says, “A motor vehicle crash is considered to be alcohol-related if at least one driver involved in the crash is determined to have had a blood alcohol concentration (BAC) of .01 gram per deciliter (g/dL) or higher. Thus, any fatality that occurs in an alcohol-related crash is considered an alcohol-related fatality.”

In 2007, in the state of California, there were 1,509 deaths attributed to alcohol which represented 36% of the total that were considered traffic-related fatalities. Non-fatal DUI caused accident statistics are even more startling than the fatality statistics, and they include numerous disabling injuries that have occurred all across our land including places like San Francisco, San Mateo, Oakland, and Marin, California.

It is true what some say, it does not pay to drink and drive. With these startling statistics, is there any wonder states are cracking down on the people who drive while drinking? Across the nation, depending on the severity of the traffic violation and including the consideration of a fatality, convictions for drinking and driving can be considered a misdemeanor or a felony, and they can bring a multitude of harsh punishments. With a conviction, a person’s record could permanently brand him or her as a life time criminal. The record is often made public to employers and insurance companies.

Traffic laws have been made to protect the innocent because there usually is an innocent party in most traffic accidents. So, if you are facing a DUI related accident in California and have been hurt, disabled, or had a fatality of one of your family members as a result, and you feel like you are the innocent party involved, these types of accidents are too serious and complicated for the average layman to handle by themselves. You may need a legal professional to help advise you on what to do and how to protect yourself. Contact us right now at DUIAttorneyHome.com, and we will help you find an attorney in the area where you live that can help you with your case.

 

The Difference Between DUI and DWI in Tennessee

Technically, DUI means driving under the influence of some type drug. That can mean alcohol, prescriptions, or illegal drugs. DWI means simply driving while intoxicated, and in many states, refers to the use of alcohol. The use of the terms can be interchangeable but DWI usually refers more to the severity the drug has metabolized within the offending person’s body.

The Tennessee Vehicle Code 55-10-401 says it is unlawful for any person to drive or to be in physical control of any automobile or other motor driven vehicle on any of the public roads and highways of the state, or on any streets or alleys, or while on the premises of any shopping center, trailer park or any apartment house complex, or any other premises that is generally frequented by the public at large, while:

Under the influence of any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on the central nervous system; or

The alcohol concentration in the person’s blood or breath is eight-hundredths of one percent (.08%) or more.

Convicted first time offenders can receive stiff fines, up to one year in jail, license revocation, an ignition interlock device, court ordered DUI school, and towing costs. The conviction, even a first time conviction, stays on your record permanently.

As reported by myEyeWitnessnews.com on June 22, 2009, an article titled, “DUI Law Changes in Tennesse”, states, “Under this new law, if suspected drunk drivers refuse to take the test (blood alcohol level), they could lose their license for a year, in addition to other charges they would face.”

Whatever term you refer to drinking and driving or drunk driving, states are clamping down on these type traffic violations. When you face these kinds of charges, it is no time to handle your case all by yourself. You may need an attorney to help you deal with the ramifications of the charges against you. Contact us and we will help you get in contact with a DUI lawyer who can help you understand the subtle differences in Tennessee law.

Be Careful Out There

NEW YORK - NOVEMBER 07:  Onlookers view a publ...
Image by Getty Images via Daylife

As celebrations for New Year’s eve get underway today, I would like to take a moment to remind everyone that you shouldn’t drink and drive. If you are going to go out and drink, take a cab, take public transit, designate a driver, but don’t drink and drive.

The consequences of getting behind the wheel of a vehicle after a night of drinking can be far reaching and devastating, not only to you and your family, but for others on the road. If you are involved in an accident while drinking and driving, you could face serious jail time if someone were killed and you faced intoxication manslaughter charges.

New Year’s Eve into New Year’s Day has statistically had the second highest concentration of drunk driving accidents. Take the time to ensure that you and your loved ones don’t become part of the sad statistics of preventable accidents. Do some research today and find the number of a cab company in your area. If you have AAA, find out about their “Tipsy Tow” service.

There are ways to avoid driving drunk. Plan to make your holiday celebrations safe, for you and everyone else on the road.

The Difference Between DUI and DWI in Virginia

Technically, DUI means driving under the influence of some type drug. That can mean alcohol, prescriptions, or illegal drugs. DWI means simply driving while intoxicated, and in many states, refers to the use of alcohol. The use of the terms can be interchangeable but DWI usually refers more to the severity the drug has metabolized within the offending person’s body. The Virginia Vehicle Code § 18.2-266 says it shall be unlawful for any person to drive or operate any motor vehicle, engine, or train:

  • while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article,
  • while such person is under the influence of alcohol, while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely,
  • while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or while such person has a blood concentration of any of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood.

Any confusion of terminology used comes from Virginia’s use of the word “impair” in their vehicle codes. The term or variation of the word is often used interchangeably with intoxication. So, DWI becomes driving while impaired. Most agree that being impaired is a lesser degree of intoxication but certainly means being under the influence of the related drug.

Convicted first time offenders can receive stiff fines, revocation of license for a year, jail time, and mandatory attendance of the Virginia Alcohol Safety Action Program (VASAP). The conviction, even a first time conviction, stays on your record permanently.

Effective July 1, 2004, Virginia changed many DUI penalties, increasing their severity. Whatever term you refer to drinking and driving or drunk driving, states are clamping down on these type traffic violations. When you face these kinds of charges, it is no time to handle your case all by yourself. You need an attorney who understands the laws involved in such cases. Contact us so that we can help you get in contact with a DUI lawyer who can help you understand the subtle differences in the legal jargon of Virginia law, and who is ready to represent your best interests.

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