Serving in the United States Armed Services is an honor to those who serve but it is not for everyone.  Passing the Armed Services Vocational Aptitude Battery (ASVAB) and enduring the rigors of boot camp can be a backbreaking process that is intended to weed out those who do not have the mental or physical attributes needed to serve.  But an arrest for Driving Under the Influence (DUI) of drugs or alcohol can just as easily disqualify someone for duty in the armed services.

Moral Standards of the Military

The military in general expects its men and women to exhibit a certain moral standard.  The purpose of requiring that those entering the military have a certain moral standard is to help minimize the disciplinary actions the military has to address, to decrease the likelihood individuals will pose a security risk, and to improve the overall order in the military.  These moral standards may therefore disqualify the following types of people from service:

• Those with felony criminal convictions
• Those who are still serving out the punishment of a criminal conviction, including those in jail, on parole, and on probation
• Those who have been previously discharged from military service under dishonorable conditions
• Those with certain beliefs or social behavior that makes them a poor fit with other military personnel

Impact of a DUI on Military Service

Given the moral standards of the armed services noted above, if you receive a DUI just before entering the service or while in boot camp, the DUI definitely has the potential to affect when you can continue your military career or even if you are allowed to do so.

Those arrested and charged with DUI may be convicted of either a misdemeanor or a felony depending on the circumstances of the DUI.  Whether a DUI charge is a misdemeanor or a felony depends in part on how many prior DUI arrests you have had and if the person caused serious bodily injury or death while DUI, as well as possibly other factors related to the specific DUI arrest.

If your DUI is ruled a misdemeanor, you have a much greater chance of being able to continue your military career in the short term.  It may even be possible for your defense attorney to attend any DUI-related court appearances on your behalf or file a continuance in the case until you are available to attend in person.

But if your DUI is ruled a felony, then continuing to serve in the armed forces will be much more difficult.  At a minimum you will very likely need to complete any sentencing related to the charges and be able to demonstrate for a sufficient length of time that you can function in society while staying out of further legal trouble.  Even then, there is no guarantee the military will accept you for further service.

Hiring a DUI Defense Attorney

The information above should not be considered legal advice.  But if you receive a DUI while in the process of entering into the armed services, you need to speak with a DUI attorney or a criminal defense attorney about your situation.  While there is the possibility of continuing your military career if you receive a DUI, there is no guarantee that this will be the case for everyone.  There are simply too many variables from case to case to know for certain the likely outcome without working with an attorney who is experienced in similar matters.

You are not the first person who has received a DUI while entering into the armed services.  A DUI or criminal defense attorney will have the experience from working with others in your situation, can evaluate the seriousness of your charges, and explain the military implications to you based on the specific circumstances of your DUI arrest and charges.

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It is illegal in the state of Oregon to operate a motorized vehicle with a blood alcohol content of 0.08% or higher. Drivers who are under the age of 21 can be arrested for any amount of alcohol in their system or be charged with a per se violation with a BAC of 0.02% or higher. Commercial drivers are held to a higher standard than non-commercial drivers and cannot operate a motorized vehicle with a blood alcohol content of 0.04% or higher.

How are the DUI penalties determined in Oregon?

Oregon drivers arrested for a third drunk driving charge face very serious consequences. The penalties drivers face will depend on the number of drunk driving convictions they have had in the last five years. Penalties may be enhanced based on the following:

• The driver’s blood alcohol content at the time of the DUI.
• Whether the driver caused injury to another person
• Whether the court determines the driver is remorseful for their crimes
• The driver’s previous criminal record

Penalties for third DUI in Oregon within five years

Drivers who are arrested for a third DUI in Oregon and have had their two priors within the last 5 years can expect to be charged with a felony. Drivers can expect to serve a jail term of 48 hours to 60 months in jail. The actual amount of time is up to the court and will depend on the circumstances outlined above.

Additional DUI penalties for a third DUI arrest can include potential home detention with an electronic monitoring device, community service, fines not less than $2,000, life-time license suspension, mandatory alcohol education classes and participation in a drunk driving victim impact panel. Additional fees include a $40 assessment fee, $130 driver’s program fee and a $95 unitary assessment fee.

License Suspension and DUI in Oregon

One of the biggest penalties for a third DUI in Oregon is the possible life-time license revocation for habitual DUI offenders. Hardship licenses are also not generally not approved for third time DUI offenders.

Drivers who have their license permanently revoked may, under some conditions, be allowed to petition the court for reinstatement after 10 years. Contact a DUI lawyer familiar with Oregon state DUI laws for more information about your options.

Not convicted of DUI but license suspended in Oregon

Some Oregon drivers are surprised to find that their Oregon license was suspended even though they were not convicted of DUI.

Oregon drivers have given their implied consent to submit to a blood alcohol content test if the police officer suspects they are intoxicated. Refusal of the test will result in an immediate license suspension. Drivers should be issued a temporary license which will allow them to drive until they are able to challenge their license suspension at an administrative hearing.

Drivers will have a specific amount of time to request an administrative hearing. DUI lawyers can be hired to help drivers at the hearing. As mentioned above, drivers can have their license suspended by the Oregon Department of Motor Vehicles even if they are not ultimately convicted of drunk driving.

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You have been arrested for DUI in Kansas and believe you are doomed to have a DUI on your record forever and suffer all of the consequences that accompany that mistake.

However, if this is your first offense, you could qualify for a diversion program that is a win for the state of Kansas and a win for you and your future.

What is a diversion program?

The Kansas DUI diversion program is a contract between the driver accused of DUI and the Prosecutor (either of the municipality or the county) where the defendant forfeits his rights to have a jury trial and a speedy trial. Instead, he admits he is guilty of DUI and consents to be supervised for approximately one year and fulfill certain obligations.

In that year, the defendant could complete the following:

• Payment of all fees associated with the program
• Submit to evaluation by a trained professional
• Attend a DUI victim impact panel
• Successfully complete a drug/alcohol program that is recommended by the evaluator
• Abstain from alcohol/drugs during the entire process
• Report regularly to a diversion supervisor who will monitor your progress and make sure you are in compliance (random urine tests for drugs and alcohol)

If you fulfill all of the requirements, the Prosecutor will dismiss the case and there will be no DUI conviction on your record. However, the DUI will still be on your driving record. If you are later arrested and charged with another DUI, the diversion will count as a prior conviction, and the latest DUI will be treated as a second offense.

Are all first-time DUI offenders eligible?

The prosecutor has all the authority when it comes to who is able to qualify for the diversion program. There are some things that could disqualify you:

• Previous DUI conviction
• If at the time of your arrest, you were involved in an accident where someone was     injured
• Extremely high BAC
• If you possess a Commercial Driver’s License
• If you were confrontational or argumentative with police

What happens if I do not complete the Kansas DUI diversion program?

If you fail to complete all terms of the diversion program, the criminal case against you will be reinstated. Additionally, at your trial, you will not be able to cross-examine witnesses or present any evidence that is meaningful in your defense.

Diversion programs have proved to be successful in other states. They have reduced the DUI recidivism rate and even helped to cut down on DUI related stops and accidents.

In many cases, diversion in Kansas is the best option if it is available. However, you should always consult with an experienced DUI attorney who can look at your specific situation and help determine the best course of action for you and your future. If, after studying your case, your attorney believes that diversion is the best option, he can lead you through the process and negotiate the terms that are best for you.

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In 2003, Pennsylvania passed a law to lower the illegal limit for DUI from .10% to 0.08%. This law also implemented a tiered approach to assessing drunk driving penalties. Now prior to assessing penalties the courts will consider a driver’s previous DUI record and the level of alcohol in their blood at the time of the DUI arrest.

A no DUI sign shown along US 30. (Photo credit: Wikipedia)

Drivers arrested for a Pennsylvania DUI who do not have a prior offense and who have a BAC from 0.08% to .099% will face a misdemeanor charge, up to six months probation, a $300 fine, and a mandatory attendance of an alcohol treatment program. Drivers will not have their license suspended if it is their first DUI offense and they meet certain criteria.

Why was my license suspended?

If you have not been convicted for drunk driving in Pennsylvania you may be shocked to find that the Pennsylvania Department of Transportation (DOT) has suspended your driver’s license. How can they do this? Under Pennsylvania’s Implied Consent Laws all Pennsylvania’s drivers have given their implied consent to take a chemical test if asked to do so by a law enforcement officer. Drivers who refuse to take the blood alcohol content test (BAC) can have their license suspended for 12 months.

Drivers have 30 days from the operator’s notice to appeal the license suspension. The administrative license suspension is separate from any criminal fines or penalties that you might face if you are ultimately convicted for DUI. Consider also, if you are ultimately acquitted of your DUI charges the administrative license suspension will not be withdrawn.

Drivers who request a Pennsylvania administrative hearing to challenge the administrative license suspension will have their case heard at the Pennsylvania Statutory License Appeals Hearings.

Can I get an Occupational License after a license suspension?

First time DUI offenders may be able to request an occupational driver’s license after you have served 60 days of your license suspension.

What happens if you get a drunk driving conviction in another state?

Drivers who have committed a “similar offense” in another state (which are part of the driver’s license compact agreement) will have the penalties enforced within the state of Pennsylvania by the Pennsylvania Department of Transportation (DOT).

Violations which are reported to member states include driving a motor vehicle while under the influence of alcoholic beverages or a narcotic to a degree which renders the driver incapable of safely driving a motor vehicle (Section 3731; repealed 2/1/2004) Section 3802 (effective 2/1/2004).

How do I restore my driver’s license?

Drivers who have had their driver’s license suspended and who have met the suspension requirements outlined by the DOT should receive a letter from the DOT which outlines their restoration privileges.

Requirements to restore your driver’s license can include:

1. Payment of the restoration fees to the Pennsylvania Department of Transportation.
2. Complete the alcohol education and treatment program. The appropriate forms of completion must be sent to the Pennsylvania Department of Transportation (DOT) after the program has been completed.
3. Submit a reinstatement application to the Pennsylvania Department of Transportation.

Address:

PennDOT
Bureau of Driver Licensing
P.O. Box 68618
Harrisburg, PA 17106-8618

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Changes to OWI laws in Wisconsin

The state capitol of Madison, Wisconsin (Photo credit: Wikipedia)

Drivers who are convicted in the state of Wisconsin for multiple drunk driving offenses should be aware of how the 2009 Wisconsin Act has strengthened DWI laws in the state. According to the Wisconsin Department of Transportation there are four main changes which were made to existing laws to strengthen them:

1.    If you have been arrested for a fourth operating while intoxicated charge (OWI) and it is within five years of a previous OWI offense, you will be charged with a felony.

2.    You will be required to install an ignition interlock device on your vehicle.

3.    You will be required to attend more treatment programs in efforts to reduce the likelihood that you will continue to drink and drive.

4.    Fines will increase if you are charged with an OWI and you have a child under the age of 16 in the car.

One of the most severe changes in the laws includes the increased need to install an ignition interlock device. If you have been convicted of multiple OWI offenses, if you have refused to take a blood alcohol content test (BAC) or you have been convicted with a very high (above 0.15% or higher) BAC the state will require you to install an ignition interlock device on every car that you own or that is registered to you (the court may be willing to exempt a car under specific circumstances).

The ignition interlock must be installed on the vehicles for at least one year. Drivers who attempt to remove, disconnect or not install the devices will have their requirements extended for an additional six months.

How does the OWI affect my Wisconsin driver’s license?

The law also extended the driver’s license revocation period by the number of days which the person is sentenced to jail or imprisonment. According to the Wisconsin Department of Transportation, “If a 12 month license revocation is imposed, and 5 days in jail, a revocation of 370 days will result.”

Can drivers with multiple OWI convictions continue to get an occupational license? Yes, in fact the laws reduced the wait to 45 days but as mentioned above, the driver is expected to install an ignition interlock device. Fines have also been increased for drivers to reinstate their license to $200.

What other fines and penalties can you expect for a fourth time OWI conviction?

If you have been arrested and convicted of four OWIs in Wisconsin the state recognizes that you have an addiction and the fines and penalties are severe. You can expect to spend 60 days to 1 year in jail, pay fines of $600 to $2,000, have your license suspended from 2 to 3 years (with the option to get an occupational license), mandatory attendance in an alcohol assessment class, mandatory purchase of SR22 insurance, potential immobilization or seizure or your car and a mandatory ignition interlock device.

Hiring a OWI Lawyer in Wisconsin

Drivers arrested of an OWI in Wisconsin should contact an OWI lawyer as soon as possible. This is a serious charge with serious consequences as outlined above.

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In most states a driver can be convicted of DUI or driving under the influence even if they are taking a prescription medication. In most states, the fact that it is a prescription medication will not change the fact that their driving was impaired and state laws require drivers to only drive if they can do so safely.

Additionally, Ambien is considered a sedative and there are clear warnings given to users who consume this medication to exercise extreme caution if they are going to drive or use heavy machinery. In fact, the instructions for this particular medication warn that an individual should sleep for approximately 7 to 8 hours continuously after taking this drug.

Could my son have driven without knowing it?

There are instances which have been reported by the manufacturers of Ambien that some people have done activities on the medication which they are completely unaware they have done. This could mean, although it is rare, there have been drivers who have gotten in a car and driven while taking Ambien and not remember that they did this. The company refers to this action as sleep-driving.

Drug Use and Driving Under the Influence

Typically in a DUI case it will not matter to the state what drug the person has ingested. If the drug affects the person’s capacity to drive safely, either mentally or physically, they can be charged with driving under the influence. This will generally include over the counter medications as well as illegal drugs.

What is considered a drug? In most states the definitions are similar. It is basically any substance which has the ability to affect the muscles or nervous system of the driver to such a degree that they are no longer able to drive with the caution and ability that a “ordinarily prudent and cautious person, using reasonable care” would use to drive under similar driving conditions.

What driving under the influence penalties will my son face if convicted of DUI?

If your son is found guilty of violating the Oregon DUI laws for taking Ambien he will be charged with a Class B Misdemeanor (if this is his first offense within five years). Fines for a first offense are two-hundred and fifty dollars and mandatory treatment and evaluation in an appropriate alcohol addiction treatment program.

What should I do to help my son fight the driving under the influence charges?

If your son has been arrested for driving under the influence of drugs in the state of Oregon it is time to talk to a DUI lawyer.  Oregon DUI lawyers handle driving under the influence cases like this all the time and have the expertise and knowledge to evaluate your son’s Oregon Driving under the influence case and determine if he will be able to defend himself against these charges or if it is best to fight for some type of plea agreement.

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One of the main concerns for Indiana drivers who are arrested for drunk driving is whether or not they will lose their drivers license. What most drivers do not realize is that they can have their license suspended even if they are not ultimately convicted of DUI.

Drivers in their state a Indiana have given their implied consent to submit to a chemical test if they have been arrested for DUI. Under Indiana’s Implied consent laws if you refuse the test or if you take the blood alcohol content test and your BAC is above the legal limit of 0.08% or higher than you license can be suspended by the Indiana Bureau of Motor Vehicles.

What do I do after a DUI arrest?

If your license was confiscated by the arresting officer and you have been issued a temporary license you have 10 days from the date of your arrest to schedule an administrative hearing.

If you lose at the hearing or you fail to schedule the hearing and challenge the per se violation you will have your driver’s license suspended for 180 days for a chemical test failure and one year if you refuse to submit to the blood alcohol content test.

What will happen at the Administrative Hearing?

The administrative hearing will not determine whether or not you are guilty of drunk driving. All the court will decide is 1) if the arresting officer followed the proper procedures during the drunk driving arrest; 2) if you submitted to a chemical test; and 3) whether the Indiana officer explained the additional penalties for refusing to submit to the blood alcohol content test. The court will also evaluate whether or not your BAC was above the legal limit.

What if the court rules in your favor? The court will return your license to you. If the court does not rule in your favor your license suspension will start and you will be eligible to apply for a hardship license after 30 days. If you did not submit to the chemical test then you will not be eligible to request a hardship license. Commercial drivers are not eligible for a hardship license during the administrative suspension period.

Criminal penalties for Indiana DUI

Unfortunately, even if you do not have your license administratively suspended there might be a chance that you could still be found guilty of drunk driving. For instance, if your blood alcohol content test reveals that your blood alcohol concentration was 0.07% and the state decides to pursue charges against you, if you are convicted of DUI you may be still face DUI criminal penalties.

The good news is that if your blood alcohol content level was not too high the DUI charge will be a misdemeanor. Charges for drunk driving in Indiana include 5 days in jail or potential community service, fines of less than $500, license suspension of 180 days (except in cases of refusal), completion of an alcohol education course and purchase of SR-22 insurance.

Commercial Drivers license in Indiana

What if you have a commercial driver’s license? If you are convicted of operating your commercial vehicle and your blood alcohol concentration is above 0.04% or higher, you refuse to take the blood alcohol content test or you are convicted of driving while under the influence of alcohol or a controlled substance your CDL will be suspended for a minimum of one year.

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Why did I lose my license if I was found not guilty of DUI?

Recently we had a driver on our forum wonder how the Department of Motor Vehicles could have suspended his license even though his drunk driving case was dismissed by the criminal court.

Unfortunately, this is not unusual. Due to the administrative per se laws instituted by states throughout the United States it is legal for the Department of Motor Vehicles in your state to suspend your license even if your case is dismissed or you were found not guilty of drunk driving.

What happens to my license after a DUI arrest?

Most states have implied consent laws which mean that you, as a driver, have given your implied consent to submit to a blood alcohol content test if you are arrested for drunk driving. State laws differ, but in Pennsylvania, for instance, a blood alcohol content test refusal can lead to a driver’s license suspension of up to one year for a first test refusal.

A driver’s license suspension can also occur if you submit to the test but your blood alcohol content (BAC)  is above the legal limit of 0.08%. In many states the refusal suspension may be longer than the suspension you face if you are actually convicted of drunk driving.

I refused to submit to the blood alcohol content test

For years drivers were told to refuse blood alcohol content tests, but with the passage of implied consent laws this may not always be the best course of action. Refusing a test may help you avoid a DUI charge because the state may not have enough evidence that your BAC level was above the illegal limit of 0.08%, but many times the driver may still be charged with driving under the influence and convicted of DUI based on other types of evidence such as admission of guilt, a field sobriety test, driving observations and the officer’s testimony that the driver was impaired.

As mentioned above, if you refuse the chemical test the DMV will also suspend your license. In many states your BAC test refusal will also be used against you in court.

What do I do now?

So, to answer this driver’s question, if your license has been suspended by the Department of Motor Vehicles through an administrative license suspension you have the option to challenge the suspension through an administrative hearing but my guess is that since you only have a short time to request a hearing than your opportunity to challenge the suspension has passed.

What are you other options? Depending on your state you may be able to request a hardship license which will allow you to drive to work, to school, to medical appointments and alcohol education training classes (if required).

Reinstating your License after a DUI

After you have served the requisite time for the license suspension you should contact the DMV and find out the requirements for reinstating your license. Requirements vary. Some states will require you to pay fines, takes alcohol education courses, and purchase special insurance.

Talking to a DUI lawyer may help but it sounds like you will simply have to wait until the license suspension has been completed. And remember, the DMV can suspend your license even if you avoid a DUI conviction.

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Commercial drivers in the state of Indiana can be charged with drunk driving if they are driving with a blood alcohol content level of 0.04%. The illegal limit for a commercial driver is less than the legal limit for a non-commercial driver which is 0.08%.

One of the main concerns if you have been arrested for drunk driving and you are commercial driver is whether or not you will be issued a provisional license which will allow you to continue to operate your commercial vehicle. Unfortunately, if your driver’s license has been suspended, revoked or cancelled through an administrative license suspension and your drunk driving case is pending the state of Indiana will not issue you a provisional commercial license.

Higher penalties for commercial drivers were instituted through the Carrier Safety Improvement Act, which the state of Indiana follows. Failure to comply with this act may cause the state of Indiana to lose their ability to issue commercial licenses to commercial drivers.

Who has to have a commercial driver’s license?

Commercial vehicles in the state of Indiana include any vehicle which has a gross weight of more than 26,000, a trailer which has a gross weight of more than 10,000 pounds or a vehicle that transports more than 16 people. Drivers who are carrying hazardous materials must also have a commercial driver’s license.

Indiana state laws regarding commercial driver’s licenses are very strict because the state recognizes the increased need for safety and the need for drivers to follow very specific rules and procedures if they are operating a commercial vehicle.

Penalties for drunk driving in Indiana

Commercial drivers in the state of Indiana have given their implied consent to submit to a blood alcohol content test if asked to do so by a law enforcement officer. Failure to take the blood alcohol content test or taking the blood alcohol content test and having a blood alcohol concentration above the illegal limit of 0.04% will result in a one year license suspension. Drivers can also lose their license if they are convicted of operating a commercial vehicle while they are under the influence of alcohol or drugs.

Additionally, drivers who are carrying hazardous materials face even higher suspensions. Currently, drivers can have their driver’s license suspended for three years.

What if you are arrested a second time for drunk driving? You will have your license suspended for life.

Hiring a DUI lawyer in Indiana

Many commercial drivers are concerned that they will lose their commercial driver’s license after a drunk driving arrest. This is a valid concern. First, the driver must address the administrative license suspension that may result from the DUI arrest and then the potential DUI criminal penalties and fines they may face if they are convicted of drunk driving.

Challenging the administrative license suspension must be done within 10 days from the DUI arrest. Although these challenges are hard to win it may be worth discussing your DUI arrest with an Indiana DUI lawyer for more information.

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Recently a driver asked on our drunk driving forum why their license in their new home state of New Jersey could still be suspended if they had completed all of the suspension requirements in their old state of Kentucky and had a right to drive.

This is a great question and what most drivers do not realize is that most states share information through an agreement called the Interstate Driver’s License Compact. Under this agreement, the 45 participating states share information on a variety of convictions, including a drunk driving conviction. What does this mean for this driver? It means that their Kentucky DUI will be reported to their new state of New Jersey.

Now, as this driver found out, the penalties imposed by the states for a first time DUI conviction varies. If you have completed the suspension requirements in Kentucky and move to another state, the new state may not consider you eligible to drive until you have completed additional requirements.

Keep in mind, Alaska, California, Michigan, Montana, Oregon, and Wisconsin are the only non-compact states and don’t share Drunk Driving conviction information without other states.

License Suspension in New Jersey after a Drunk Driving Charge in Kentucky

If you move to New Jersey and had a hardship license in another state, New Jersey may not allow you to apply for a hardship license and may require that you serve the entire term of your DUI suspension.

So for instance, if you had a hardship license in your previous state you may not be able to drive in New Jersey simply because they do not offer hardships. If this is the case you may be forced to serve your suspension and then apply for a New Jersey license.

If you have been convicted of a DUI in the state of New Jersey you would have faced fees of $300 to $500, $100 to the drunk driving fund, $1,000 per year for three years as a surcharge, and $75 to the Neighborhood Services Fund. If you had a high BAC you may also have to install an ignition interlock device.

How many of these fees will apply to your case since you have already met the conditions for DUI outlined in your home state of Kentucky? Contact the New Jersey Motor Vehicle Commission for more information or talk to a DUI lawyer who is familiar with the laws of New Jersey.

The most important thing is not to drive on a suspended license unless you want to face up to 5 years in jail. The MVC can be reached at (609) 292-7500 if you have more questions.

Hiring a DUI lawyer

Although it sounds like this driver has done almost everything they need to do to get their driver’s license back, the fact that they moved has complicated the DUI process. The variation in state laws makes it difficult to move state to state with a DUI conviction and assume the ability to drive. Some states have implemented very severe penalties. New Jersey for example charges a very high surcharge every year for drivers convicted of DUI. What’s the best advice? Don’t drink and drive so you can avoid all of these consequences.

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