In February of 2011, Michael J. Vargo was arrested for DUI in Florida while he was sitting in his truck eating a salad and drinking an Icehouse beer. Vargo admitted at his DUI trial that he had been too drunk to drive and after he was ordered out of his truck by police, he had to lean on it for support to stay upright.

While states differ when it comes to DUI laws, many agree that prosecutors only have to prove that someone had “physical control of the car” or the ability to drive the automobile to or from that location. It would seem that Vargo’s DUI was an open and shut case, but the police missed one important detail: the truck was inoperable.

At the DUI trial, Vargo and another witness said that the truck had been stuck in the parking lot for twelve hours since the starter gave out. Just after 1 a.m. a deputy saw keys sitting on Vargo’s lap, smelled alcohol in the vehicle and saw food on the floor and around Vargo.

Vargo refused all sobriety tests and would not take an alcohol breath test. The deputy did not, however, try to start the truck or feel the hood to see if it was warm and had recently been driven. Without that evidence the state could not disprove Vargo’s assertion that the truck was inoperable at the time. Vargo’s DUI attorney stated, “It is not against the law to sit in an inoperable car to eat a salad drunk.” It took the jury only five minutes to acquit Michael Vargo.

Physical Control

As previously stated, the Vargo case occurred in Florida. State laws regarding a DUI vary, but they generally agree that you can be charged with a DUI if you are observed having physical control of the vehicle. The term up for debate is “physical control.” In some states, simply having the keys in the ignition constitutes control. In other states, you need to be only sitting in the driver’s seat. In one case, “physical control” was stretched to include the possibility of a vehicle being available to an intoxicated person. It was decided that the vehicle could become a “source of danger.” In these cases, case law can be important.

Mixed Message?

The problem with this strict interpretation of the law concerning a DUI offense is the message it sends intoxicated patrons leaving the bar at closing time. Do you sit in your car and wait for the police to arrest you for DUI, or do you risk driving home hoping you can make it without getting caught?

It seems like we are punishing people for making the morally responsible decision to not endanger the lives of others. In 2010, a New Mexico Supreme Court decision overturned a DUI conviction without driving because they believe it discourages the public from sleeping off a night of drinking in their automobiles.

If you have been charged with DUI without driving, these cases present more than enough data for a DUI attorney to contest the legitimacy of the DUI arrest. By conferring with an experienced DUI attorney, you can become aware of your legal rights under your state DUI laws and hopefully mount a legitimate DUI defense to contest the DUI charges.

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The severity of state DUI penalties has increased in the last several years, due in large part to the increased pressure from lobbying groups. Additional penalties, established by the states have allowed for additional civil penalties for drivers charged with DUI if they fail or refuse to take a chemical test. This is called an administrative license suspension.

Throughout 2010, in the state of Illinois, police were also allowed to force drivers who were involved in a car accident that killed or injured another driver to draw blood evidence from the driver. Drivers were first given the right to submit to a breath, urine or blood test, but if the driver refused, their license would be automatically suspended and the police would take the sample (laws for this procedure were originally outlined in Bill 3732 which was sponsored by Senate Democrat M. Maggie Crotty from the 19th District).

Amendments to this bill have been passed under Public Act 96-1344 and will take effect on July 1, 2011. Under the new law a driver who is involved in a motor vehicle accident which causes death or injury must consent to the chemical test or they will have their license revoked. This is a more severe DUI penalty than the summary suspension allowed under the old law. The new law also allows for the police to use force to collect the blood sample, if necessary.

Revocations and suspensions of a license may both last for a period of a year, but drivers who have only had their license suspended may generally be entitled to reinstatement of the license immediately following a payment for the reinstatement fee. No other qualifications are generally required.
Drivers who have had their license revoked will have to attend a formal hearing with the Secretary of State Department of Administrative Hearings and will not automatically be entitled to reinstatement. The hearing will allow the Secretary an opportunity to review and investigate the driver. According to the new law the license will only be reinstated if the following requirements are met:

“In no event shall the Secretary issue such license unless and until such person has had a hearing pursuant to this Code and the appropriate administrative rules and the Secretary is satisfied, after a review or investigation of such person, that to grant the privilege of driving a motor vehicle on the highways will not endanger the public safety or welfare. See 625 ILCS 5/6-208(b).”

Opponents of the new law suggest it is too harsh because the driver is penalized for refusing a chemical test that he does not have the legal right to refuse. In addition, the law carries the same penalty for the driver as they would face if they had been convicted of driving under the influence of alcohol.
Proponents of the new law applaud the government’s efforts to continue to eliminate and lower the rate of drunken driving, reducing the number of injuries and death from DUI.

Drivers who have had their license revoked under the new law are entitled to an Administrative Law Hearing. The rights for a hearing are the same as they were previously under the old law if the driver’s license had been suspended. The Administrative hearing must be requested in writing within 30 days from the date of the illegal action.

Hiring a DUI Lawyer

DUI lawyers can help you if you have been arrested for a DUI in Illinois. Illinois drivers may not understand the severity or the ramifications of driving under the influence of alcohol. DUI may have severe long-term consequences for you socially, professionally and financially.

DUI penalties in the state of Illinois can include:

• Jail time
• Fines Up to $2,500
• Higher fines for drivers with a BAC above .16%
• $1,000 Minimum fine if the driver had a child under 16 in vehicle
• License Suspension – Minimum 1 Year
• Breath Alcohol Ignition Interlock Device
• Vehicle Registration Suspension
• Community Service – 100 Hours Minimum – (BAC above .16)
• Community Service – 25 Days – (If Child under 16 in Vehicle)

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Celebrities are well-known for behaving badly and the trend continues for celebrities in 2011. In January we had the arrest of Jamie Pressly best known for her role in “My Name is Earl”, who was charged with DUI and arrested for having a blood alcohol concentration above .08%. Eddie Furlong of Green Hornet and Terminator II fame was also arrested in January for failing to stay away from this estranged wife. Finally, in May, Estella Warren was arrested for hitting three parked cars while driving drunk, attempting to resist arrest and kicking a cop and wriggling her way out of her handcuffs and escaping the police station. After all of her antics she was arrested for felony escape, assault, DUI and hit and run.

So what do all these celebrities have in common with other DUI offenders? They will need good legal counsel to get the best DUI defense possible.

What Can a DUI Lawyer do for you?

DUI attorneys understand state DUI laws and how they will affect your DUI case. They are an important asset and can potentially lessen the possibility of severe DUI penalties. DUI lawyers may also be able to help you after a DUI arrest and conviction to move forward with your life and clear your driving record.

All fifty-states have implemented severe DUI penalties for drivers who operate a motorized vehicle with a blood alcohol concentration of 0.08%. DUI penalties can include:

• Jail or prison time
• Felony DUI
• Heavy DUI fines
• Suspension of a driver’s license
• Installation of an ignition interlock device
• Probation
• Alcohol and drug education classes

What if you are charged with a DUI? There can be severe consequences for you socially, financially and professionally.

Hiring a DUI Attorney

How do you find a great DUI attorney? Talk to your friends and family members. They may have recommendations or know attorneys who know good DUI lawyers. The internet can also provide valuable insight into legal practices.

Visit several DUI attorneys. Ask the right questions and make sure they have handled cases similar to your DUI case. What is their success record? Do you feel comfortable talking to them and feel they have the right expertise and legal skills to defend your DUI charges? Make sure you find a DWI lawyer who is willing to take your DUI case to court, if necessary.

Before signing any type of legal agreement, understand how much the lawyer will charge you for their services. Remember, the goal of legal service is not always to find the least expensive lawyer. In some cases you may get exactly what you pay for; sometimes paying more for a strong DUI lawyer can pay-off.

Keep in mind, celebrities may be able to avoid some of the toughest DUI penalties or hire a high-priced attorney. You may not be so fortunate, but you can find someone who understands DUI law and is willing to fight for you and for your future.

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Few topics or subjects are as politically incorrect as drunken driving. No one wants to be seen as politically insensitive to the innocent victims of a DUI. Powerful lobby groups such as Mothers Against Drunk Driving (MADD), who have estimated annual revenues of over $52 million, can pressure politicians (who may be afraid of losing their next election) to create tougher DUI laws.

Whether it is the legislature implementing more DUI severe penalties or the Judges engaging in “judicial” legislation and violating the defendant’s constitutional rights, it is increasingly common for these groups to rule in favor of the prosecution in a DUI case. Should we care about this? Does it matter if drunken drivers lose their constitutional rights?

Unfortunately, if drunken drivers lose their constitutional rights, you may too. Consider some of the more recent legislation that may also affect you:

• In Michigan vs. Sitz, the United States Supreme Court determined that DUI roadblocks are allowed. Many believe this was a flagrant disregard of citizen’s Fourth Amendment rights.

• In Blanton vs. North Las Vegas, the court ruled that drunken drivers may not have a right to a jury trial. Drivers arrested for DUI may be forced to spend 6 months in jail, pay heavy fines and penalties and may have their license suspended but their Sixth Amendment right to trial has been disregarded.

• In California vs. Trombetta, the court determined that police officers do not have to save the results of a breathalyzer test. Drivers have the right to request a blood sample, but many drivers do not know this and may not be told of this right.

Many people never drink and drive and do not care if an intoxicated driver, who has disregarded other’s safety and that of their family, has their constitutional rights eliminated.

Unfortunately, each of these new decisions is creating a precedent. If a DUI defendant has their constitutional rights eliminated, what about the next politically incorrect offender? The next illegal roadblock and illegal search may not be looking for DUI offenders. It may be looking for you.

We have a common law system. Laws can be statutory, but courts also rely on precedents established by previous court cases when they are deciding a case. What it should not allow for are laws which violate our constitutional rights.

Should we be tough on DUI? Of course, but DUI laws should not be unconstitutional. Legislatures and Judges should evaluate cases, not on what is politically correct or what may get them elected for another term, but according to laws which do not violate our constitutional rights.

Hiring a DUI lawyer

If you have been arrested for DUI and your constitutional rights have been violated, contact a DUI lawyer. DUI attorneys understand DUI laws and can make sure you get a fair DUI trial.

DUI penalties and DUI laws have become more severe in the last several years. Even first time DUI offenders may have to pay high fines and face license suspension, jail time or mandatory alcohol education classes. Do not let a DUI ruin your life, contact a DUI lawyer today.

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If you have been arrested in Arizona you can expect severe DUI penalties and DUI fines. Arizona has some of the toughest DUI laws in the United States. Common DUI penalties may include jail time, even for first time DUI offenses. Consider the current DUI penalties for first time DUI offenders in the state of Arizona:

First Drunk Driving Conviction Penalties and Fines:

• DUI Base Fine = $250
• Arizona DUI Surcharge = $200
• Probation Surcharge = $10
• Prison Construction Assessment = $500
• Arizona Xtra DUI Assessment = $500
• Jail – Minimum 24 Hours up to 10 Days
• License Suspension – From 90-360 Days
• Ignition Interlock Device – Court May Order Installation of Ignition Interlock Device at the expense of the Convicted DUI Offender.

Drivers may also face a license suspension if they fail to request a MVD hearing within 15 days from the date or their arrest.

Arizona prosecutors can win a DUI case in two ways. They do not have to prove that your BAC was over the illegal limit, only that your driving was impaired by alcohol or drugs. It is illegal in Arizona to operate a motorized vehicle with a BAC of 0.08% or higher, but it is also illegal to drive impaired. You may be convicted of a DUI in Arizona without the prosecutor having evidence that your blood alcohol concentration was over the illegal limit.

Drivers can also be charged with “extreme” DUI or DWI if their blood alcohol level is .15% or higher within two hours of driving. Minors can also be charged with an Arizona DUI if they are driving with any amount of alcohol in their blood, breath or urine.

Drivers arrested for DUI can be charged with a felony or a misdemeanor under the following conditions:

• The driver has 2 or more DWI convictions within the last 5 years from the date of the current DUI offense.
• The driver is arrested with a child who is under the age of 15 in the car.
• The driver was arrested for DUI while their privileges to drive had been suspended or revoked.

For many years the Arizona legislature has created new and tougher laws to punish DUI drivers. Changes have included longer jail sentences and mandatory installation of ignition interlock devices. How do you avoid severe penalties for DUI? If you have been drinking, drive responsibly and do not endanger your life or the lives of other drivers.

Hiring a DUI Lawyer in Arizona

If you have been arrested for an Arizona DUI it is time to talk to an Arizona DUI attorney. Find a DUI attorney in Arizona who specializes in DUI cases and understands how to successfully fight your DUI conviction.

Do not leave your future to chance. Talk to a DUI lawyer for more information about Arizona DUI laws.

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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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What kind of penalties can you expect for failing a breathalyzer? What if you refuse to take the breathalyzer? Clearly, getting a driving under the influence charge can be problematic to say the least. You should always consult with and hire a local and experienced DUI lawyer to help in your case. You have no other good options, as representing yourself is a big mistake. This blog guide can help, but if you’re currently dealing with a DUI charge, you need a lawyer.

What can you get pulled over for?
You likely are pulled over for driving oddly, or you get into an accident, or make a mistake such as speeding or running a stop sign. Once the officer pulls you over, he or she will as some questions, such as if you’ve been drinking or using drugs. If the officer feels it’s clear you are under the influence, he or she may not even give you a breathalyzer, instead arresting you (which can occur if you are clearly drunk). In cases of an accident, if you hurt someone you may face felony charges.

What charges can you expect if you fail a breathalyzer?
If you fail a breathalyzer test, you will be arrested. What’s the same for all states is the blood alcohol limit, which is .08%. What’s different is how you will be charged. One state may suspend your license for longer than a year for a first time offense, while another may suspend it for less. Jail time can be different. Fines can vary. Probation is also different. This is where a local professional DUI lawyer can help. You may not know the charges you face. If this is your first time offense, most states are relatively lenient, as the charges will be much less. Also, states all have laws for further penalties if you’ve received multiple DUI charges.

What if you refuse a breathalyzer?
This too can vary from state to state, as the laws are different. Some states will automatically suspend your license for six months if you refuse a breathalyzer, while lessening the penalty if you take it and fail. So, in some states it’s actually smarter to take the breathalyzer, especially if this is your first offense.

What other tests can you expect?
You are often asked for field sobriety tests: walking backwards, standing on one leg, saying the alphabet backwards, and so on. If you fail these, it can give the officer reason to test with the breathalyzer. In some cases, however, you can refuse to take the field tests at no further charges to you.

Who can help?
You definitely need an experienced DUI lawyer, even if this is your first offense. Quite often you can strike a plea bargain deal for lesser charges.  Unfortunately, most DUI charges stick, and you’ll get some penalties. But “most” does not mean all; your right is to have a fair trial to plead your case, and you may just prove your innocence.

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Anyone accused of a crime is entitled to representation by an attorney. DUI laws are complex and vary by state. Even if you know you are guilty of DUI, you would benefit from the counsel that could be provided by an attorney experienced in DUI law.

Just because you have made a mistake, doesn’t mean that you shouldn’t do everything you can to protect yourself and your family. You are still entitled to fair and just treatment under the law, and an attorney can help ensure that happens.

In addition, your driver’s license was most likely suspended upon the DUI arrest. A DUI attorney can help you navigate the process of getting your license back.

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