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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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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At almost every stop by police in which the officer suspects the driver is intoxicated, he will ask that the driver take several field sobriety tests. These may consist of standing on one foot, walking a straight line while reciting the alphabet, or the eye test. Actually, what the officer is doing is gathering evidence of your inebriated behavior that they will later use against you in court. Most DUI attorneys believe you cannot “pass” them and they would never take them themselves. Why would most DUI attorneys refuse to take the field sobriety tests even if they are sober?

The tests cannot be passed, so why take them?

The truth is that the police officer has probably already decided that he is going to arrest you when he gives you the FST. However, the officer will claim in court that the results of the FST helped him determine that you were intoxicated.

When you consent to take the FST, the officer asks you to perform certain tasks and he grades you on them. Most of the time, these are not recorded on video, so it comes down to what the officer says. He can say you wobbled too much or stumbled when walking and that helped to show your probable intoxication. Whether you did or didn’t comes down to what the officer perceived vs. how you think you performed.

Also, many officers are not properly schooled in administering the tests. You may get an officer who believes in the results of the FSTs, but he is conducting the tests improperly and drawing inaccurate conclusions.

The field sobriety tests are entirely voluntary

The field sobriety tests are different than the chemical tests that you will be asked to submit to…there are no penalties for refusing to do them. If you refuse a urine, breath or blood chemical test after a DUI arrest in most states your license will automatically be suspended, and this action (in some states) may be used as evidence of your guilt in court.

The truth is, the officer has probably already decided to arrest you and he wants to use the FST to gather more evidence to use against you if you go to court, but if he says that he wanted to perform the FST to help determine if you were intoxicated, then he wasn’t sure and that could be ‘reasonable doubt’ in your case. Depending on your BAC, this could be an important statement on your side.

One last point, do not assume that a low BAC will put you in the clear no matter how you perform on the field sobriety tests. If your breath test is under .08%, you can still be arrested and charged with DUI! If you showed other evidence of intoxication (like poor results on a FST), then the State may still prosecute you.

Therefore, since the field sobriety tests are completely voluntary and the results are entirely subjective, you don’t have much of an opportunity to help yourself by taking them. Most likely, you will only hurt yourself.

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Thousands of drivers are arrested each year in the state of for operating a motorized vehicle without a Virginia driver’s license. Whether you have recently arrived in the state or you have failed to renew your expired license, if you are stopped and arrested for driving without a Virginia license you may face high fines and penalties.

When can I be charged with driving without a license?

Drivers in the state of Virginia may be charged with driving without a Virginia license if they have resided in Virginia for 6 month but have not applied for a Virginia license. What if you are have been a resident of Virginia but your license has expired? The same law applies. It is imperative that you make sure to renew your Virginia driver’s license prior to the expiration date.

Consequences of driving without a Virginia driver’s license

Drivers who are arrested for driving without a Virginia driver’s license do not simply get a slap on the wrist and a small fine. This is considered a criminal offense and first time violators can expect to be charged with a Class II Misdemeanor. Charges will be even more serious if you have been arrested before for the same charge.

Arrested drivers can expect to have their license suspended for 90 days and are required to pay a fine of $750. If you have been arrested before your charges will be raised to a Class I Misdemeanor which can raise the required fines to $2,500 and up to 12 months in jail.

Arrested for DUI and driving without a Virginia Driver’s License

Recently we had a question on our forum from a driver who was charged with DUI but wondered how his driver’s license could have been suspended if he did not have a driver’s license in the first place.

I think the bottom line for this driver is that he will be facing penalties for drunk driving in Virginia which can include jail time, a one year license revocation, potential installation of an ignition interlock device and fines and penalties for driving without a Virginia driver’s license.

What the Virginia DUI court is also probably indicating to this driver is that they need not bother requesting or applying for a Virginia driver’s license until the suspension period for the driving without a license and the DUI license suspension have both been completed.

What if this driver lived in another state and was just visiting Virginia? Depending on their home state they may also be facing license suspension charges in their own state.

Hiring a DUI Lawyer after a drunk driving arrest

Some Virginia drivers attempt to defend drunk driving charges without legal assistance, but due to the severity of current Virginia DWI laws, this is not recommended. For the driver on our forum their DUI penalties and fines will be further increased for driving without a valid driver’s license (if they are a Virginia resident).

Contact a drunk driving lawyer today if you have questions about how driving without a driver’s license may increase your drunk driving penalties and how long your Virginia driver’s license may be suspended.

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When Can I get my license back after drunk driving revocation?

Under Florida DUI laws if you are arrested for drunk driving and it is your first conviction you can expect severe DUI penalties: fines of $500 to $1,000, mandatory 50 hours of community service, probation and incarceration not to exceed one year, not more than 6 months of prison, 10 days vehicle impoundment (exceptions exist),  and a driver’s license revocation of 180 days to one year.

Commercial Drivers in Florida

The penalties are even more severe for a commercial driver who can be charged with drunk driving if their blood alcohol content (BAC) is 0.04% or higher. If they refuse to submit to a BAC test can have their commercial license suspended for one year (s. 316.193 for DUI convictions).

Can I get a hardship license in Florida after DUI?

If you have been convicted of your first DUI charge it is possible to get a hardship reinstatement. Prior to reinstatement you must complete a DUI school and apply to the department for a hearing. The court will require you to install an ignition interlock device for up to 6 months if your blood alcohol content is 0.15% or higher. The hardship license is generally allowed only for employment purposes.

Reinstating license after revocation period

If you have been convicted of one drunk driving charge you must complete the DUI school prior to reinstatement. If your revocation period has ended you must show that you have either enrolled or you have completed the course to get your license reinstated. You must complete the course within 90 days from the date after your license is reinstated or the state of Florida will cancel your license and you will not be able to drive until you have completed your mandatory classes.

What else do I do to reinstate my license after Florida DUI?

In addition to completing the DUI school you will also have to do the following:

• Take the required examination
• Pay the administrative fee
• Pay the revocation reinstatement fee
• Pay the license fee
• Provide proof of bodily injury liability coverage

Administrative License Suspensions in Florida

Keep in mind, the Florida drunk driving penalties described at the beginning of this blog only relate to a DUI conviction. Drivers may also face administrative license suspensions if they refuse to submit to a BAC test. The refusal can be used as evidence in your DUI trial. If you refuse the BAC test you will have your license suspended for one year. Drivers who submit to the test but who have a BAC above the legal limit of 0.08% will have their license suspended for 6 months. These penalties are enforced whether or not you are ultimately convicted of DUI.

The police also have the legal authority to forcefully withdrawal your blood if you have been involved in a death or have caused serious bodily injury to another person. If you are unconscious the state will assume you have not “withdrawn your consent to the blood alcohol content test” and they will be allowed to administer the test.

Contact the Florida Department of Highway Safety and Motor Vehicles for more information.

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How will the state of Georgia view my previous DUI conviction?

Georgia (Photo credit: FLC)

This is a valid concern. Every state has laws which allow past DUI convictions to be considered when the courts are determining the fines and penalties for a current DUI, but whether or not past DUI arrests are considered will depend on how much time has lapsed. This time is called the “look back” or “wash out period,” and it varies by state.

When is a second DUI considered a second DUI?

Georgia uses the term “look back” or “wash-out period” to determine when a prior drunk driving offense can be considered if the driver is arrested a second or third time for drunk driving in Georgia. If the second DUI conviction is within the “look back” period of a prior DUI offense the state of Georgia is allowed to enhance the DUI penalties.

This should be a simple process, but due to the variations in state laws, many drivers are left wondering how their state will handle a second or third DUI arrest. For instance, drivers in Arizona and North Dakota will have a seven year washout period. Drivers in Kansas and Michigan will have a lifetime look back period. This means in the states of Kansas and Michigan all previous DUI arrests are considered prior to awarding penalties in a current DUI case, even if the past drunk driving convictions were 10 years ago.

Look back Laws for Georgia

What about the state of Georgia? Georgia has a look back period of five years. If you have been arrested for a DUI in Georgia and your DUI arrest was more than 5 years ago your most recent DUI will be considered your first DUI for penalty assessment.

Keep in mind, in most states the look back period will begin on the date the driver was arrested, not convicted. For example, if your state has a ten year look back period, if you were arrested on January 9, 1995, and again on January 23, 2005, the second arrest would be treated as a first time offense.

We had a question from a driver on our forum who mentioned they had a previous DUI thirteen years ago and was questioning how the court would view their most recent DUI arrest. Under Georgia’s DUI laws the most recent arrest should be considered as a first DUI offense.

Drunk  Driving Penalties for first DUI Conviction In Georgia

Assuming this is your first drunk driving charge in five years and you are charged with a first DUI offense you are facing fines of $300 to $1,000, ten days to one year in jail (which may be probated by the judge). If your blood alcohol content level was too high you may be required to spend at least 24 hours in jail. You will also have to perform community service: 20 hours if your BAC was under the legal limit and 40 hours if it was over the legal limit. You will have suspended driver’s license for one year, but you may be able to get a worker’s permit after a specified time period. You can also expect to take an alcohol or drug education class.

Keep in mind, the look back laws simply identify whether or not your current DUI will be considered your first, second or third and allow the courts to enhance DUI penalties. Whether or not your DUI remains on your driving record is a separate issue. State laws will determine how to “expunge” or clear DUI convictions from driving records. Talk to a Georgia DUI lawyer if you have more questions about your DUI arrest.

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Georgia’s DUI Accountability Courts were created with the desire to hold a driver responsible for his drunk driving and to rehabilitate the person by treating the underlying problems behind the alcohol abuse.

The DUI court ‘team’ does this by trading a conviction and possible jail time for the Georgia defendant agreeing to enter a drunk driving program. The program consists of testing and treatment, submitting to random drug and alcohol screening, attending recurring court sessions before a judge, retaining a job, providing for his family and paying all fees and fines. In some cases, the person will be required to attend school.

Who is on the Georgia accountability team?

Central to the success of Georgia’s DUI Courts is the team of people committed to seeing a positive result. This team includes the prosecutor, judge, defense attorney, police officer, alcohol/drug evaluator and treatment provider.

The process for the DUI program

• Targeting the appropriate offender

Unlike other states, Georgia recommends the multiple offender for DUI Court. They usually take someone who gets their second DUI within five years, or their third overall. Exceptions can be made for someone who gets their first DUI and has other alcohol-related offenses or shows signs of having an underlying addiction.

• Screening all participants

A drug/alcohol assessment will be performed on all participants in the program to determine their level of need so clinicians can put together a program that best addresses that participant’s weaknesses and limitations.

• Keeping a close eye on participants

Supervising DUI offenders while they are within this program is vital. They accomplish this through random drug tests, unannounced home visits, regular court appointments and possible curfews.

• Gaining a community consensus

Community support is important. Local businesses and leaders are made aware of the programs and encouraged to provide sponsorship.

• Addressing the transportation issue

Like other states, when a person is arrested for a DUI in Georgia, they lose their license. This makes it difficult for program participants to maintain employment and attend all required court dates and rehabilitation meetings. The DUI court program includes the completion of state re-licensing allowing its’ members to get their license back so they can drive legally.

How long does the program last?

Each person and case is different, but the typical length of time spent in the program is between 12 and 24 months.

Do the DUI Accountability Courts work?

In a recent study it was determined that a person who graduates from the DUI Court only has an 8% chance that they will be arrested and convicted of another DUI in the future. Furthermore, in another independent study, it was determined that the Georgia DUI Courts have prevented between 47 and 112 DUI arrests over a 4 year period.

Based on their effectiveness, DUI Courts are increasing around the country. The supervision and intense therapy they provide have enacted positive changes in the participants’ lives. Georgia has proven to have a successful model for other states to study and replicate.

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While every state in the United States has laws against DUI and all make a BAC of .08% the cut-off for determining whether a driver is driving impaired; each state adds their own ‘flavor’ through other companion laws and statutes. In South Carolina, they have done this by adding a DUAC charge as an additional option for police and prosecutors to keep impaired drivers off the road.

What is DUAC?

DUAC stands for driving with an unlawful alcohol concentration. It differs from a traditional DUI or drunk driving  in that it allows for a driver to be convicted purely on the fact that their BAC was at or over .08%. The penalties vary based on the severity of the BAC; the higher the BAC, the harsher the penalties.

A DUAC usually comes into play when a driver has been pulled over for speeding or a busted tail light, something other than suspicion of drunk driving. That same driver can pass every field sobriety test and show no signs of being impaired, but blow a .08% on the breath test and be prosecuted for DUAC. The state assumes, due to your BAC, that you are too impaired to drive. It should be noted that this law only applies to alcohol.

Is it hard for the State to gain a DUAC conviction?

While the state’s case hinges on the driver’s BAC, there are some other extra requirements that the State must prove in a DUAC case. They are:

* Was the defendant’s arrest lawful?

* Is the arresting officer authorized to administer the on-site breath test?

* Was the defendant given his rights (not just Miranda)?

* Did the defendant agree to the breath test?

* Did the defendant receive the breath test within two hours of his arrest?

* Was the on-site breath test equipment in proper condition and been maintained with required records?

* Was the breath test administered properly?

Proving the DUAC

Proving a DUAC charge involves highly technical evidence and since the case will turn on the BAC, the accuracy of the test is of utmost importance. The jury must decide whether it will accept the BAC as an accurate measure, therefore the defense attorney will attack the test, the police officer(s) involved, and the machine used to acquire the reading.

The Prosecutor cannot just present the number at trial, he must prove, beyond a reasonable doubt, the dependability and accuracy of his evidence.

Can the police change my drunk driving charge after my arrest?

Yes, the police can arrest you for a DUI and then, once your breath or blood test results come in, change that charge to DUAC. The law does not permit the Prosecutor to charge you with both in one case. The officer must decide which charge to utilize no later than 30 days before the trial date.

If you have been charged with a DUI or a DUAC in South Carolina, you should definitely consult with a DUI attorney in your area. He can look at your case and the specifics around it and help advise you on your best course of action.

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Why was my license taken after my DUI arrest?

Drivers in the state of Montana have given their implied consent to submit to a blood alcohol content test if asked to do so after they are arrested for drunk driving. Chemical testing can include a test of the driver’s blood, breath or urine and may be administered by a law enforcement officer.

Map of Montana

Drivers who refuse to submit to the blood alcohol content test (BAC) or who take the chemical test but fail (their BAC is at or above the illegal limit of 0.08%) will have their license suspended. This does not apply to juvenile offenders or commercial drivers who have a lower legal BAC limit.

Police officers should notify the Montana driver of the consequences of their BAC test refusal if they refuse to submit to the test. Montana police officers also have the legal right to determine what type of test will be administered to the driver.

Montana drivers who refuse to submit to a chemical test may automatically lose their license for 6 months up to one year. Drivers who fail their chemical test with an illegal blood alcohol content can have their license suspended for 90 days for the first DUI arrest, one year for the second DUI arrest and three years for the third DUI arrest. Keep in mind, administrative penalties are separate from penalties resulting from a drunk driving conviction and may be enforced even if the Montana driver is ultimately found not guilty of DUI. They do, however, generally run concurrently with additional license suspension penalties which may result from a DUI conviction.

Process after DUI arrest in Montana

If you have been arrested for drunk driving in Montana the arresting officer will confiscate your driver’s license and give you a temporary driving permit. The driving permit is good for five days from the date the officer issues it. The police officer should also provide you with written notification of your right to request an administrative hearing to challenge your license suspension.

The officer will send your driver’s license to the appropriate Montana driving department and you will have 30 days to file a petition for a hearing to challenge your license suspension.

Challenging a Montana Administrative License Suspension in Court

If you do hire a DUI lawyer and decide to challenge the Montana administrative license suspension you will not be attempting to prove that you are not guilty of drunk driving. You will, however, be challenging the following:

• Did the officer have reasonable grounds to believe the driver was driving, had been driving or had actual physical control of the motorized vehicle?
• Was the driver arrested?
• Did the driver refuse to submit to the test upon the request of the law enforcement officer or whether a properly administered test or tests disclosed an alcohol concentration of 0.08?
• Did the officer inform the arrested person of the fact that refusal to permit the test would result in suspension of his or her license or driving privilege and that testing above the legal limit would also result in a license suspension?

Drivers who prevail at their administrative hearing may have their license returned to them but it does not mean that they will not ultimately convicted of drunk driving.

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If you have been arrested for drunk driving you may not be surprised to learn that you are facing thousands of dollars in fines and penalties in addition to the possibility that you may lose your license. But did you know that if you are going through a divorce a DUI conviction can cause additional DUI penalties that may not be monetary?

DUI and non-financial penalties

If you have been convicted of a first, second or third drunk driving charge you may find that when you are seeking employment or education that employers or school administrators may pull your driving record and find out about your DUI. Additionally, some employers may deny you employment or impose other sanctions if you have been arrested for DUI.

Did you also know that a drunk driving charge can affect your divorce? Our court system generally views any alcohol-related accident or conviction as evidence that you may not be a “fit” parent, and if you are in the middle of a contested divorce and hashing out the terms of your custody agreement with your spouse a drunk driving conviction may give them evidence that you should not have custody of your child. If you are a repeat offender or if you have had difficulty with alcohol in the past this can also be even more detrimental to your child custody case.

Will this mean you will lose the right to partial or full custody? Not necessarily, but it does mean that if you have been arrested for drunk driving it is time to find the right drunk driving lawyer who can review your DUI charges and make sure you have a strong DUI defense.

What if your divorce is uncontested or amicable? In this case a DUI conviction is less likely to result in a denial of child custody, but it is still important to get the best legal defense you can to fight your DUI charges.

Other considerations for a divorce

If you have been arrested for DUI most likely you already feel shame and embarrassment and you are concerned about the legal and financial ramifications of a DUI conviction, but it may be time to get help, especially if you have children.

As mentioned above, a DUI may impact your family, your job or your education. Some employers will require you to notify them if you have received a DUI conviction. Should you notify your divorce attorney too? Yes, if you have been convicted of DUI or if you have DUI charges pending it is important to explain the situation to your divorce attorney and make sure they understand all of the legal issues involved in your child custody agreement.

Your divorce or DUI lawyer may also suggest taking an alcohol education class or joining Alcoholics Anonymous to prove to the court that you have taken proactive steps to fight your addictions and that you take the DUI charges seriously.

Getting your driving record expunged

Under some conditions it may also make sense to talk to your DUI lawyer about having your records expunged. Some convictions cannot be expunged and the process is not free, but in the long run it may make sense to have your record sealed so that others cannot view your arrest record.

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