Recently on our DUI forum we had questions from a driver who was stopped for drunk driving in Chicago, Ill. This driver’s blood alcohol concentration was 0.10%, and they have been assigned a public defender. This driver asked what fines and penalties they could expect if they are convicted of a Chicago DWI.
One of the main concerns for most drivers in Kentucky, if they are arrested for drunk driving or driving under the influence of alcohol or drugs, is whether or not they will go to jail. Other drivers are concerned about the long-term ramifications of a Kentucky DUI arrest and the fines and penalties. Recently on our DUI forum we had a driver ask, “I was charged with a Kentucky DUI and no proof of insurance, what charges and penalties am I likely to face?”
The Associated Press (AP) reports that Dallas Cowboys defensive lineman Jay Ratliff had a blood alcohol concentration (BAC) twice the legal limit last week when he collided with a tractor Trailer. The accident occurred on State Highway 114 near Park Boulevard in Grapevine, Texas, when Jay Ratliff’s Ford F150 pickup hit tractor trailer truck then hit a barrier on the highway. Jay Ratliff was later arrested for DWI (driving while intoxicated).
Jay Ratliff (Photo credit: Wikipedia)
After the DWI arrest Jay Ratliff refused a breathalyzer test, but the police requested a warrant and obtained a sample of his blood for testing. Grapevine police on Monday said Ratliff’s blood-alcohol level was measured at 0.16%. It is illegal in every state, including Texas, to operate a motorized vehicle with a BAC greater than 0.08%.
Drunk driving laws are instituted by the state. Drivers who are arrested for a San Diego DUI for a first DUI violation will be imprisoned in a San Diego Jail for not less than 96 hours, 48 of which must be continuous, up to a maximum of six months. San Diego DUI offenders will also be required to pay a fine of at least $390 but no more than $1,000. If continuous imprisonment would interfere with the person’s work schedule the courts have leeway to imprison them on days they would normally not have to work.
If you have been arrested for driving under the influence or DUI in Newark, New Jersey, you may be tempted to plead guilty and move on with your life. Even for a first time DUI arrest that could be a mistake. Gone are the days when drunk driving was considered a minor offense. Now you could be facing severe penalties, high fines and a long license suspension for a Newark DUI.
Newark Museum Facade (Photo credit: Wikipedia)
If you are arrested for driving under the influence (DUI) you may want to plead guilty and put the charges behind you as soon as possible. Unfortunately, not understanding current DUI laws can cost you time and money. This blog will address the top five mistakes and misunderstanding that drivers make after a drunk driving arrest.
Avoiding a drunk driving conviction may not protect you from a license suspension. States have created administrative license penalties for drivers who refuse to take a chemical test if asked to do so by law enforcement or for drivers who submit to the chemical test but have a blood alcohol concentration above the legal limit of 0.08%. This means that even if you avoid a DUI conviction it could be possible to have your license suspended under a state’s administrative license suspension laws, potentially up to one year.
Although states have various “look back” laws which may not allow the courts to use a previous DUI conviction to enhance penalties for a second or third DUI (assuming the first DUI arrest was far enough in the past), many states do not allow a DUI conviction to be expunged from a driver’s record. This means years after a DUI arrest the arrest will remain on your driving record and could impede future employment opportunities or licensing.
DUI fines and penalties have increased over the years. Gone are the days of a small fine and a slap on the wrist for drunk driving. With the increased lobbying efforts of groups such as MADD (Mothers Against Drunk Driving) or politicians lobbying their state legislatures, a drunk driving conviction is going to cost you.
Many drivers do not realize that if they are arrested for drunk driving in one state the arrest information is generally sent to their home state, and if they face an administrative license suspension or they are convicted of drunk driving, their driver’s license will be suspended in their home state, even if the arrest occurred in another state.
Drunk driving laws can be confusing, and they can vary by state. Drivers often assume because the charge is drunk DRIVING they have to be driving their car to be arrested. Many drivers assume pulling to the side of the road and “sleeping it off” can keep them from getting a DUI, but in many states the prosecutor must only prove that you have actual physical control of the car. So if you are asleep with the keys in the ignition or on your person, the state may only need to prove that you had the ability to drive, even if you are not driving at the precise moment they arrest you.
Drivers who are operating a motorized vehicle in the state of New Jersey have implicitly agreed to submit to a breath, blood, or urine testing for blood-alcohol content (BAC) if they are asked to do so by a law enforcement officer.
Failure to comply with New Jersey’s Implied Consent Laws, which means they either refused to submit to the BAC test or they submitted to the test and their BAC was above the legal limit, will result in a license suspension from the New Jersey Department of Motor Vehicles.
Under New Jersey’s Implied Consent Laws, which are civil proceedings separate from any criminal penalties a driver might face, the Department of Motor Vehicles will impose a mandatory suspension for a 1st time offense for 90 days, one year for the second offense and three years for the 3rd offense.
What if you have a commercial driver’s license? The rules are the same, but your blood alcohol concentration must be less than 0.04%. If you are operating a motorized vehicle and the officer asks you to submit to a chemical test and you either refuse or your BAC is above the legal limit your CDL will be revoked for at least one year for a first time violation.
If you are carrying hazardous materials at the time of your drunk driving arrest you will lose your CDL for at least three years. What if you are arrested for a second DUI? Your CDL license will be permanently revoked.
We recently had a commercial driver in New Jersey ask how they can avoid a suspension of their commercial driver’s license after a drunk driving arrest in New Jersey. There are several issues to discuss:
If the driver refused to submit to the BAC test or they took the test and their BAC was 0.04% or higher the only way to save their license is to challenge the license suspension through an administrative hearing.
Most likely after your DUI arrest the officer confiscated your license. It is time to talk to a DUI lawyer. You will have a specific number of days to request an administrative hearing to review your license suspension. If you prevail at your hearing the DMV will not suspend your license for the civil infraction, but if you are convicted of DUI your license may still be suspended.
If you do not request a hearing or you do not win at your hearing your license will be suspended.
If your license was not suspended by the DMV, for instance, you submitted to the BAC test and you passed the test but you were still charged with DUI, then you will have to prove that you were not intoxicated.
For instance, let’s say your BAC was 0.03% and you passed the BAC test but the officer believed they had sufficient evidence to charge you with a DUI, you may not face an administrative license suspension but you may still lose your license if the state proves you were driving under the influence of alcohol. If this is the case you will need to prove you were not intoxicated to save your license.
It is illegal in every state to operate a motorized vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. It is also illegal to operate a motorized vehicle with a blood alcohol concentration (BAC) at any level if you are unable to do so safely. But what if law enforcement does not witness the driving erratic driving? Can you still be arrested for DUI?
Recently, on our DUI forum we had a driver who was arrested inside of a store after another driver called the police and reported that they were driving unsafely. The driver wanted to know if they could be convicted of DUI if the police did not see the driving infraction or witness any unsafe driving.
Many drivers are unaware that they can be arrested for DUI if another driver reports they are driving unsafely and the police stop the reported driver and collect evidence that they are driving under the influence.
For instance, in San Diego, California, there is a new campaign titled “Report Drunk Drivers – Call 911.” California drivers are now encouraged through a media campaign including billboards, signs, and radio and television ads to call 911 if they see a driver who is driving unsafely.
This program is used in conjunction with another program by the National Highway Traffic Safety Administration (NHTSA) titled “Operation Extra Eyes” campaign, which outlines tips for spotting and reporting unsafe driving.
For example, citizens are asked to watch for a variety of unsafe driving actions which may indicate that another driver is intoxicated. For instance, is the driver weaving or swerving, driving too slowly, failing to proceed if a light turns green, driving aggressively, tailgating or changing multiple lane changes? If so, the state encourages the driver to call 911 and report the unsafe driver.
So, although state laws may vary and law enforcement may use citizen reports in different manners, it is not unusual for the police to be notified about unsafe driving from other drivers and proceed to investigate the complaint, potentially making an arrest if they find evidence that the driver is intoxicated (failed blood alcohol concentration test (BAC) or failed field sobriety test).
Drivers are also surprised to find that they may be arrested for drunk driving even if they are not actually driving a car. The most common cases involve drivers who have fallen asleep on the side of the road or who have parked their car, but a driver may also be arrested if they have left their vehicle to enter a store or their home.
For instance, if you are spotted by another driver driving erratically and you have stopped your car at a convenience store and you are exiting the store to get back in your car when the police arrive on the scene it may not be too difficult for the prosecutor to prove that you had “actual physical control” of the vehicle while you were intoxicated (assuming the police gathered evidence that you were intoxicated).
For instance, if you exited the store with the keys in your hand and the officer asked you to perform a field sobriety test and take a blood alcohol concentration test, if the test shows that you have a blood alcohol concentration which is 0.08% or higher and you fail the field sobriety tests, it may be tough to prove that you were not also intoxicated at the time you were operating your car.
The bottom line is that if another driver reports that you are driving unsafely this can give the officer probable cause to either pull you over or ask you to take a field sobriety test. If you are arrested they also may be able to legally ask you to submit to a BAC test. So if you have been charged DUI, it is time to talk to a DUI lawyer.
Many DUI offenders may serve part of their jail term and then be released prior to serving their full court-imposed sentence, this is considered parole. While a DUI offender is on parole they will have to comply with the terms of their release agreement. Parole is basically a gift from the state and allows the criminal offender to serve their
remaining term outside of jail.What if the offender does not meet the terms of their release? If the terms are violated the parolee will likely be sent back to jail.
Parole regulations vary by state. Generally whether or not you will get parole will depend on the following:
Some states do not allow parole for offenders who have committed prior offenses such as robbery, manslaughter, homicide, arson, sex crimes, burglary, aggravated sexual assault, kidnapping, felony child abuse, drug trafficking or felony child neglect.
If you have been arrested for DUI the state believes that you were either operating a motorized vehicle with a blood alcohol concentration (BAC) above the legal limit of 0.08% or higher or with a BAC which was high enough to impair your driving and lowered your physical or mental capabilities to drive safely.
If you have been released on parole part of the parole agreement is that you would comply with state and federal laws. Additionally, you may be required to be employed, check in with your parole officer and refrain from drug or alcohol use.
If you fail to meet the requirements of your parole you may face penalties for the parole violation in addition to criminal charges if you are charged with a crime. If you violate your parole you have the right to due process, which means you will have a hearing, the state will present evidence against you and you will have the right to defend yourself against the charges to avoid returning to prison. So if you are charged with a DUI, the court will schedule a parole violation hearing. The rules and processes for this hearing vary by state.
If at the parole violation hearing the parole board decides that you have violated the terms of your parole they will schedule a revocation hearing. Whether or not your parole will be revoked will depend on the violation. If you have been charged with violating your parole it is best to speak to a lawyer to find out the best course of action to avoid going back to jail.
Drivers may be arrested for driving under the influence of alcohol (DUI) or drunk driving with any level of alcohol concentration if they are physically impaired and unable to safely operate a motorized vehicle. Drivers may also be convicted of a per se alcohol violation if their blood alcohol concentration (BAC) is above the legal limit of 0.08% or higher (this limit was enforced by all states as of May 2007).
According to the United States Department of Transportation, a large percentage of traffic deaths are alcohol-related. The statistics are even higher for drivers who have a high blood alcohol concentration. For example, according to the state of Montana, many of the drivers arrested for DUI in their state have a BAC of 0.17% or higher, which is almost twice the legal limit. At this level of intoxication a driver is in serious danger of injuring or killing themselves and others.
Recently on our DUI forum we had a driver ask what it means if they were charged with an extreme DUI. State laws vary, but generally an extreme DUI is an elevated DUI charge when the driver is arrested for a blood alcohol concentration well above the legal limit. Generally, if the driver has a BAC of 0.15% or higher, they can be charged with an extreme DUI and will receive enhanced DUI penalties.
In the state of Arizona, for example, an extreme DUI charge can result in the following DUI penalties:
An aggravated DUI is a much more serious charge than a standard misdemeanor DUI charge and will have much more serious penalties. It can be triggered by more factors than just a high blood alcohol concentration. Although state laws vary, a typical aggravated DUI charge can result if the following occurs:
Drivers who have been arrested for an extreme DUI or an aggravated DUI should contact a DUI lawyer immediately. If you have been charged for an aggravated DUI and you have injured or killed another driver or if you are a multiple DUI offender you are facing severe penalties and potentially a long prison sentence.
Do not try to fight this on your own. Getting a DUI, even a first time charge, can be expensive. Fines, penalties, probation, mandatory jail time, and increased insurance charges are the norm, even for a first-time conviction.
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