It is not unusual for questions to appear on DUI forums about drivers who are arrested for DUI or driving under the influence but who were not actually driving the automobile. Although driving under the influence or DUI is a common acronym, most people do not realize that you may not have to be actually “driving” the automobile to be arrested for a DUI (driving under the influence).

So if driving under the influence or DUI does not really mean driving what does it really mean? In some states, drivers can be arrested for DUI (driving under the influence) if they are in “actual physical control” of the automobile. This means the driver may not be driving the automobile at the present moment but if they are in the automobile or on the automobile and they have the capability to drive the automobile (keys in their pocket or in the ignition) they may be charged with DUI.

So can you really be arrested for DUI if you are sitting in the driver’s seat, sitting on top of the car or simply listening to the radio? Unfortunately, yes, it is not unusual for a driver to be sitting in their car and an officer to approach the vehicle, notice they are impaired and decide to ask them to complete either a blood alcohol concentration (BAC) test or to take a field sobriety test.

Unbelievably, in some states you also may be arrested for DUI if you are sitting in the car, asleep. Some drivers may sit in their car and have the keys in the ignition without the intention of ever driving; in fact, they may have good intentions and may be attempting to wait until they know they can safely operate their car, but they have instead been arrested for DUI and convicted.

Defending against a DUI

Obviously, the best course of action is to never drive if you are intoxicated. If you have been arrested for DUI but you had no intention of driving (you were asleep), you may be able to get video surveillance which might prove that you were in the car for several hours. Other drivers have had success avoiding a DUI arrest if they did not have possession of the car keys. It will be increasingly difficult for the prosecutor to prove that you had the ability or intent to drive if you did not have possession of the car keys.

So what is the bottom line? You can be arrested for DUI even if you were not actually driving the motorized vehicle and the police did not witness any of the “normal” driving actions which can establish probable cause for a DUI arrest: weaving, running a red light, illegal turn, speeding, driving the wrong way, or driving erratically.

If you have been charged DUI, it is time to talk to a DUI lawyer. If you are interest in contacting a lawyer, fill out the FREE case evaluation form and a DUI advocate will contact you to discuss the facts of your case. Visit our website at http://www.duiattorneyhome.com or call our 24/7 DUI Help Line at 1- 866-228-3201.

 

 

Related articles

• What is DUI? (duiattorneyhome.com)
• When Is It Worth It To Fight My DUI? (duiattorneyhome.com)
• Reinstating license after California DUI arrest (duiattorneyhome.com)

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It is estimated that thousands of people are injured in car accidents caused by drunk drivers every year. In fact, drinking and driving is one of the leading causes of car accidents in the United States. Drunken driving not only impairs a driver’s vision and hearing, but it can substantially lower a driver’s ability to react.

Laws have been passed to curb drunken driving including implementing stricter driving laws, increasing police enforcement and establishing more sobriety checkpoints, but wrongful deaths and fatal car accidents are still common.

All states have made it illegal to drive with a blood alcohol concentration or BAC level of 0.08% or higher but many drivers, especially women or drivers with a lower body mass, may find that they are impaired and unable to drive safely with a much lower BAC.

How can we prevent DUI accidents?

Is it possible to drive after you have had a few drinks? Some argue that there is no reason for anyone to drive after they have had a drink, but critics counter that with better education about the effects of alcohol, it may be possible for people to drink and drive responsibly.

Most people agree, however, that one of the best ways to curb DUI accidents is to help people understand the problem. Organizations, such as Mother’s Against Drunk Driving (MADD), have dedicated years and countless hours to helping drivers understand the consequences of their reckless actions.

Sometimes a few preventative steps are all it takes to save lives. Next time you drink consider designating a driver before you go out. Take turns so one person is not saddled with the responsibility each night. State laws have also changed. Some of the most recent changes include:

• Increasing the fines and penalties for DUI.
• Suspending a driver’s license for the first DUI offense.
• Forced installation of Key-ignition locks which are attached to a breathalyzer.
• Confiscating the car of the DUI offender.
• Forcing the DUI offender to purchase of high risk insurance after a DUI arrest.
• Forcing the DUI offender to offer restitution to the injured party.

Many DUI preventative measures are controversial, but there are some indications that car accidents caused by DUI are on the decline. A large part of the success can be attributed, not only to the aggressive measures listed above, but from the increase in the minimum drinking wage which occurred in July of 1984.

Of course any DUI accident is one too many, but with increased education of DUI risks and strong enforcement policies, hopefully we will continue to see a decline in DUI accidents and deaths.

What if you have been injured by a Drunk Driver?

If you have been injured by a DUI driver it is time to get the help you need from a DUI lawyer. Most DUI lawyers will offer a free consultation to review your claim and find out if you have a DUI case.

DUI attorneys have handled hundreds or thousands of DUI cases. DUI law is their specialty, and they will dedicate themselves to ensuring you get justice. Find a DUI lawyer who can give you good DUI advice so you can make a smart decision about your DUI case.

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Thousands of drivers are arrested every year across the United States for DUI, and many of them are repeat offenders. We may want to believe that DUI offenders make a simple mistake, one bad decision, one that will not be repeated, but the statistics prove this is not the case. In some states, Minnesota for instance, nearly half of the 30,000 people arrested for drunken driving each year are repeat offenders!

Some of the best and brightest minds in the country- policemen, court officials, mental health doctors and legislatures have united to solve the complicated problem of repeat DUI offenders.

Over the years a wide variety of enforcement programs have been created to address DUI, and while DUI does seem to be on the decline, it is clear that all of their efforts have failed to eliminate the problem of DUI and DUI repeat offenders.

Certain states have begun using more innovative DUI reduction strategies. According to the Tenth District Court Judge James Dehn, the principal developer of several new strategies he has concluded that newer approaches to DUI enforcement have “the advantage of providing clear and certain incentives and punishment at the day of sentencing, distinct from traditional sentencing”.

Court Judge James Dehn has served for 15 years on the district court bench in Minnesota and he has personally sentenced thousands of DUI offenders. Frustrated with the traditional DUI sanctions and penalties, he began to look for more effective legal controls to decrease the recidivism rate for DUI repeat offenders.

While he continues to use the traditional sentencing including incarceration, high fines and parole, he has added less tradition options such as REAM or remote electronic alcohol monitoring which allows the court to request an immediate alcohol reading from a programmed telephone, especially for repeat DUI offenders, who the courts recognize have either a chemical dependency or a mental illness.

Judge Jams Dehn has also continued to use common but less traditional options to control DWI repeat offenders such as counseling, chemical dependency and community service.

Judge Dehn is also the developer of staggered sentencing, which is one more innovative solution to reducing DUI. Staggering sentencing can include a variety of responses to reduce DUI such as:

• A Staggered Incarceration Period
• Remote Electronic Alcohol Monitoring (mentioned above)
• Active participation by the offender
• Clearly Articulated Consequences for Specific Violations

One thing is clear, with officials, judges, legislatures and community groups working on the problem of DUI and stopping repeat offenders better solutions are sure to develop.

What if you are the Victim of DUI?

If you have been the victim of a DUI, there is help for you. DUI attorneys understand the pain and suffering you are experiencing and are ready to dedicate themselves to ensuring you get the help you need.

DUI and DWI are a serious problem, and there are legal ramifications for individuals who continue to make irresponsible decisions about drinking and driving. Contact a DWI lawyer today for more information about what can be done for your DUI case. Many DWI attorneys offer free consultations to claimants to review their DUI claim.

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It is illegal in every state to operate a motorized vehicle with a blood alcohol concentration of 0.08% or higher. States use different terms such as DUI (driving under the influence), DWI (driving while intoxicated), DWUI (driving while under the influence) or DUID (driving under the influence of drugs), but regardless of the term, it basically means the same thing.

If you are operating a motorized vehicle while you are impaired by alcohol or drugs you could face severe penalties including: fines, imprisonment, high insurance rates, parole, community service, and forced alcohol education.

So is it okay to have one drink and drive? Maybe you can drink two drinks and still be safe behind the wheel? Alcohol affects individuals differently and may be absorbed at different speeds, causing various levels of impairment. Let’s take a look at the common affects of alcohol at various blood alcohol levels:

• BAC Level .01 to .03%

If you are an average person of average weight and build and your BAC is .01% to .03% you may appear normal. Physical and mental impairments are limited although some specialized DUI tests may detect a small reduction in your ability to multi-task and perform visual tests.

• BAC Level 03 to .06%

If your BAC is between 0.03% and 0.06% you will begin to feel very calm. Concentration, alertness and judgment began to be impaired as you become more relaxed, less inhibited, more talkative or more euphoric.

• BAC Level .06 to .10%

If you reach this level of intoxication there will be clear physical indications that you are intoxicated. Your reflexes and reasoning will be compromised as well as your ability to see distances and peripherally.

It is estimated that once you reach 0.08% BAC, you are more than 11 times more likely to have a DUI accident.

• BAC Level .11 to .20%

If your BAC is 0.11% to 0.20% you are likely to have severe loss of motor control, slow and slurred speech and slow reaction times. You may also experience severe behavioral changes in your mood or expressions. Driving with this level of impairment is extremely dangerous.

• BAC Level 0.20% and higher

If your BAC is 0.20% or higher it can be dangerous, especially as your BAC approaches 0.30% or higher. Death, alcohol poisoning, loss of consciousness, blackouts and substantial motor impairment is not unusual at these BAC levels.

What does this mean for you? You must understand your body and how alcohol, even one drink, will increase your BAC. Absorption rates can be affected by a person’s body mass, muscle composition, metabolism, dehydration levels, age, and tolerance levels.
It can be fine to responsibly drink and have a good time, but drinking too much (which for some people may be only one drink) and getting in the car can have deadly consequences for you or other drivers.

Hiring a DWI Lawyer

If you have been arrested for DUI there may be help for you. DUI lawyers understand DUI laws and have helped thousands of DWI offenders.
DUI laws and penalties have increased over the last several years. Now more than ever it is important to have a DUI lawyer. Even one DUI arrest can severe consequences for you and your driving record.

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Hundreds of defendants are charged with DWI each year in Florida and severe penalties are imposed especially if a defendant does not take the time and effort to find the proper legal representation and hire a DUI lawyer. Hiring a Florida DUI attorney after a DUI charge can eliminate the sometimes negative repetitive outcomes for DUI cases.

Florida criminal defense attorneys have represented DUI defendants throughout the state of Florida. DUI lawyers understand DUI laws and have experience defending DUI cases. They can help you get the best outcome possible following your DUI arrest.

What is a DUI?

A Florida driver can be found guilty of a DUI if he is operating a motorized vehicle and the following criteria are met:

1. The driver’s mental or physical faculties are impaired by consuming of any type of chemical substance or alcoholic beverage.
2. The driver’s blood alcohol level is 0.08% or more grams of alcohol per 100 ml. of blood.
3. The driver’s breath alcohol level is 0.08% or more grams of alcohol per 210 liters of breath.

Penalties for DWI in Florida

First offense

Drivers who are convicted of a DUI for the first time are charged with a misdemeanor. Other penalties include:

• Jail time for up to 180 days or probation for up to 1 year but the two combined can not be more than 1 year.
• Required to pay a fine of $250 – $500
• A choice between 50 hours of required community service or paying $10 per hour for each hour of required community service
• License is suspended for six months to one year
• Required to attend a alcohol abuse education course
• Required impounding of one of the driver’s cars for ten days.

If the driver was found to have a BAC which was over 0.15% or if there was a child in the car, they will have additional penalties assessed against them including:

• Required jail time for 270 days
• 6 months required installation of an Interlock Ignition Device.
• Required to pay a fine of $1,000 – $2,000
• Potential license revocation for 180 days to one year

Second offense

The second offense is still considered a misdemeanor charge. If the driver’s first conviction is more than five years before their second they will have the following penalties assessed against them.

• Required probation for up to one year
• Required to pay a fine of $1,000 – $2,000
• Suspended license for 6 months to one year
• Required attendance of an alcohol education program
• 270 day jail term
• Impounding of all of the driver’s cars for 10 days
• An Interlock Ignition Device must be put in the driver’s car for at least one year

If the driver was found to have a BAC which was over 0.15% they will have additional penalties assessed against them. In addition, if the second DUI charge occurs less than five years from the date of the first charge enhanced penalties are assessed against the driver.

Third offense

For Florida drivers whose second DUI conviction was more than 10 years before their third offense, they will be charged with a misdemeanor and be assessed the following penalties:

• Required to serve a sentence in jail for 364 days
• Required to pay a fine of $2,000 – 5,000
• Required probation for up to one year
• Suspended license for 6 months to 1 year
• Required installation of an Interlock Ignition Device for two years
• Mandatory attendance of an alcohol education program
• All of the driver’s cars are impounded for 10 days

If the driver was found to have a BAC which was over 0.15% they will have additional penalties assessed against them. If the third DUI charge occurs less than ten years from the date of the second charge additional penalties are assessed and the charge is considered a 3^rd degree felony charge.

Fourth offense

Drivers who are convicted of a DUI for the fourth time are charged with a felony. Additional penalties include:

• Possible fine of $1,000 – $5,000
• Lose of drivers license permanently and no hardship license will be issued
• Required jail sentence of up to five years
• Impounding of all of the driver’s cars for 10 days

Penalties may vary based on the length of time from the 3^rd DUI conviction. A Florida DUI attorney can review your BAC information and the number of DUI charges which are on your record and provide more detailed information about the potential charges you may face if you are convicted of a fourth DUI.

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You admit to the officer you’ve been drinking, and she asks how much you drank. You answer, and she says you’ll have to take a breathalyzer and a sobriety test. Then, you fail the breathalyzer, or you pass it and completely fail the sobriety test.

Many mistakes are being made in these examples. It’s not wrong to admit you’ve been drinking, but there is a fine line when it comes to answering questions you may have to fight in court. Yes, you can admit to drinking, but 1) just because you fail a breathalyzer does not mean your guilty, 2) the officer has to follow the  law too, and 3) you do not have to take sobriety tests.

An effective defense against DUI  is often  bargaining with the prosecution for a lesser charge. In other ways, you can show the judge or jury enough doubt about the case to make it tougher for the prosecution to win with full charges.

Why can the breathalyzer be wrong?
Breathalyzers can be wrong. The most effective test  for BAC (blood alcohol content) is in fact not the breathalyzer which any officer can give, but the blood test. Alcohol goes into your blood and that’s the best way to test for it.

Breathalyzers can vary in accuracy from person to person. It is clearly not an exact science. The breathalyzer tests blood alcohol from exhaled air, which is then multiplied greatly to get an estimate. If it sounds flawed, that’s because it’s simply the most convenient test for officers on the road. Yes, it is accurate much of the time, but it often does not stand in court without further evidence. Breathalyzer tests have been proven to be wrong in many cases. Just because you fail one does not mean you should plead guilty.

Why not take a sobriety test?
Also, if you plead guilty based on a sobriety test, it’s a mistake. If you fail both the breathalyzer and sobriety test, you still need not necessarily plead guilty. Why? Quite simply, sobriety tests are optional, and some officers perform them incorrectly. So we now know breathalyzers and sobriety tests can be inaccurate.

What mistakes can the officer make?
The officer can pull you over without probable cause. He or she might pull you over based on how your car looks or more often how you look. This is against the law, “profiling” suspects before they’ve done anything wrong. Also, if you choose to take a sobriety test just to prove your not drunk, the officer may  not perform it accurately. Another way officers make mistakes is never reading your rights, the Miranda.

When should you plead guilty?
There are cases where pleading guilty to lesser charges is definitely smart. However, never make this decision without the counsel of a DUI lawyer. You need someone who has years experience in handling cases just like yours. Never, ever plead guilty without consulting a lawyer.

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Breathalyzers effect all states DUI and DWI cases.

The problem is that sometimes they can be inaccurate, especially because they are actually a breath collecting devices which the officers will adjust for accuracy.

That means they can be falsely positive. While considered rare, it happens. There are other downfalls of how DWI cases are based. Breathalyzers are just one potential mistake.

The officer could make a mistake.
You could not have been driving the car.
An actual BAC (blood alcohol content) test could prove you were not over the limit upon further study.
A sobriety test could have been incorrectly performed.

What is a breathalyzer?
The breathalyzer is a device used by officers in New York state and other states for testing drivers BAC levels. Say for example you drink 5 beers and get behind the wheel, drive, and start swerving in the lane or run a red light. At this point, the officer has probable cause to pull you over. The breathalyzer is a device used with punishment for denial; if you refuse to use it, you likely face charges.

The breathalyzer works like this. It has three sections — one for collecting your breath, one part chemical system sensitive to alcohol, and the final part a scientific test for testing photo cells. All that really matters there is how the BAC is come to. You blow out, the breathalyzer collects your breath, and then it’s up to the officer to test your alcohol levels.

Are they wrong?
Yes, they can be wrong. They are correct the majority of the time, but just as not every scientific test in school usually goes through several phases for accuracy, the breathalyzer is often used in conjunction with other forms. If there is no other guideline for your arrest, you have a chance at DWI defense. The officer can in many cases get a false positive.

What matters in New York?
In New York, drinking and driving is called DWI (driving while intoxicated). Breathalyzers are very common across the country, and in New York. If you are pulled over here, you need professional counsel on how to handle the situation.

How do you defend in court?
If you are charged with a New York DWI, you need an experienced attorney to fight your case. Yes, it is possible to defend yourself, but rarely worth taking the chance. New York law means you face a fine,  license suspension, and potential jail time just for your first charge. If you get further charges, you might face felony charges.

To defend in court, a professional lawyer will make his or her point on things like the validity of the breathalyzer, how others tests were used, and how the officer acted.

Juries and sometimes even judges can put aside breathalyzer tests, but usually only when the tests are close. If you are clearly far over the legal limit, few judges and juries will believe your case completely.

On the other hand, how the officer acted in your arrest isn’t to be overlooked. An experienced New York DWI attorney can fight your case if the officer had no probable cause to pull you over, if they never read you your rights, and even the validity of any sobriety tests.

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