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Revocation of your license and driving again after 20 years

We had a question posted recently asking the following:  I have four DUIs that are 20 years old in California.  How do I get my license back?

If you have multiple DUI convictions in California that resulted in license suspension or revocation, how quickly you can get your license back will vary depending on your individual circumstances.  Note that license suspension technically means you have a license but are not permitted to use it, whereas license revocation means that your license has been taken away altogether.  For purposes of this explanation, we will use license suspension to include revocation as well, because the point is that you cannot legally drive at present and you now want to.

In general, license suspension is not permanent but rather is for a set number of months or years.  Therefore, it is likely that after 20 years you can get your license back.

Your license can be suspended by either the Department of Motor Vehicles (DMV) or as part of the punishment for being found guilty of DUI in a court of law.  With the DMV, suspension of your license is based on a point system.  Points are acquired for traffic violations, with a DUI violation generally resulting in two points.  If you get too many points within a set period of time—four points within a 1-year period, six points within a 2-year period, or eight points within a 3-year period—the DMV will suspend your license.  However, as time passes without further violations, the points will fall off your driving record.  After 20 years, all of your points would have lapsed.  So from the DMV’s perspective, you should be able to get your license back.

In the case of a court of law, the length of your license suspension is based on your specific circumstances.  One of the primary things that determines the severity of a DUI sentence is how many previous DUIs you have and how quickly together they occurred.

When you have a DUI in California, there is a 10-year lookback period for previous DUIs.  This means the court consider other DUIs in the previous 10 years when determining how severe of a punishment to give you for your current DUI.  Therefore, depending on if your four DUIs fell within a 10-year period or not would affect how long a suspension of your license you received.  Regardless, it is unlikely that the suspension was for 20 years.  If you do not remember how long your license was suspended for, you can always contact the court to find out the sentence given after your fourth DUI.

Assuming the time period has passed for how long your license was suspended, you can get your license back.  Depending on if  you technically had your licenses suspended or you had court-ordered revocation of your license, what you need to do to get your license back before you can start driving may vary.  You will likely have to pass a driving test, pay various fees, and complete any other aspects of the sentence you were given as a result of your DUI convictions.  Additional information about getting your license back whether suspended or under court ordered revocation can be found in the blog Reinstating license after California DUI arrest.

The above article was written by Mark J.



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Filed under: DUI Penalties and Fines by State,DUI/DWI — Tags: , , — Beth Losure @ 7:00 am




Arrested for DUI but not driving

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

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

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

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

Defending against a DUI

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

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

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

 

 

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Filed under: Defending DUI,DUI Penalties and Fines by State,DUI/DWI — Tags: , , — Beth Losure @ 1:14 pm




DUI impact on the purchasing of firearms

If you have been arrested and convicted of a DUI, the conviction will have an impact on various areas of your life, including your right to own firearms and obtain a Concealed Pistol License (CPL).  The reason a DUI can affect your right to own firearms is related to the fact that many crimes are the result of someone making poor decisions or choices.  As firearms can be dangerous if not handled, used, and stored properly, the legal system of the United States has established that it may be unwise to allow someone to own firearms when that person has an established track record of making poor choices in other areas of their life as demonstrated by having committed other crimes.

A DUI conviction may be considered either a misdemeanor or a felony depending on the circumstances of your case.  The circumstances that affect the classification can include how many previous DUI convictions you have had, damage caused as a result of driving under the influence, injury to others or death related to driving under the influence, and the laws of the state where the conviction occurred.

There is often confusion among people about how long a DUI stays on your record because the length of time is different depending on if you are referring to your driving record or your criminal record.  In the case of your driving record, most states have laws stating a specific number of years that a DUI conviction will stay on your driving record.  After that time period has passed, the conviction will be removed from your driving record.

In the case of your criminal record, whether the DUI conviction was a misdemeanor or a felony, the conviction will stay on your record permanently.  The permanent nature of a DUI conviction is established because in many states the seriousness of a DUI conviction escalates when there are multiple convictions.  Therefore, the court is interested in seeing previous convictions when evaluated the severity of the sentence you should receive for additional DUI convictions.

As it relates to gun ownership, in general, someone who has a misdemeanor DUI conviction on their record will be able to purchase a gun and obtain a CPL.  How soon after the misdemeanor conviction you can purchase a gun and obtain a CPL varies by state.  If the conviction is a felony, gun ownership and obtaining a CPL will not be options.

Keep in mind that the information above is general in nature.  To know for certain how your DUI conviction affects your ability to purchase a gun and obtain your CPL, you should consult an attorney who is familiar with the DUI laws in your state and can evaluate your DUI conviction and other information against those laws.

In addition, if a DUI conviction is affecting your ability to purchase a gun, obtain a CPL, or get a job, you should work with an attorney to evaluate if your conviction can be expunged.  Additional information about expungement of criminal records is available at Criminal law allows for expungement of criminal record.

The article above was written by Mark J.

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Filed under: DUI/DWI — Tags: , , — Beth Losure @ 7:33 pm




DUI Death Confirmed for “Jackass” Star Ryan Dunn

CNN confirms today that “Jackass” star Ryan Dunn, who was killed early Monday in a fiery crash, was indeed intoxicated and driving at speeds up to 140 mph when he crashed his 2007 Porsche.

Early reports by West Goshen Police Chief Michael Carroll stated, “The initial crash reconstruction investigation determined that Mr. Dunn’s vehicle was traveling between 132-140 mph at the time of the collision.”

Police had been called to the scene of the accident which occurred early Monday morning at 2:30 a.m. on Pennsylvania’s State Route 322. “Upon arrival, police located one vehicle off the road and in the woods that was fully engulfed in flames,” a police report stated.

The coroner’s report confirmed through toxicology tests that Dunn’s blood alcohol concentration or BAC was 0.196%, which is well over Pennsylvania’s legal limit of 0.08%.

The actor, who is most famous for his role in the “Jackass” television and movie roles, was seen just hours prior to the accident in a bar drinking. Photos posted on his Twitter account confirm eye witness testimony that he was drinking.

The manager of the bar has denied that Dunn seemed intoxicated and claimed that Dunn was not a “hardcore drinker, at least not when he was here.”

Dunn had several projects he was working on including a show called “Proving Ground” that he hosted which was set to air on the G4 channel in June. He also has recently been seen on the NBC show “Minute to Win It” which was also scheduled to be aired in June.

DUI Laws in Pennsylvania

The Ryan Dunn case raises interesting legal questions for the family of the friend who was killed in the accident. Dram shops are the legal terms used to describe a bar, club or tavern where alcoholic beverages are sold.

Dram shop laws may allow an injured party to file a lawsuit against a “dram shop” or liquor store, tavern or bar if they sold liquor to an obviously intoxicated person or minor who then left the premises and either injured or killed another party.

The term “dram” was historically derived from the time when alcoholic drinks were sold in a “dram” or small unit, but now the term is used to describe the legal laws which are used to protect the public from the irresponsible sell of alcoholic beverages.

It is illegal in every state for a driver to operate a motorized vehicle if their blood alcohol concentration is greater than 0.08%. In February of 2006, Pennsylvania updated their DUI laws, eliminating the old DUI standard of .10%, lowering it to 0.08%.

It will be interesting to see how the investigation progresses and whether or not witnesses can provide testimony to prove that the bar owner or employees were illegally serving alcohol to an obviously intoxicated Dunn or not. It is interesting to note that one of the first things the manager of the bar stated was that Dunn “didn’t seem to be intoxicated at the time he left.”

Hiring a DUI Lawyer

If you have been injured from the negligent actions of another person, you may be able to receive compensation for your loss. Driving under the influence of alcohol is not only illegal (and the driver can face criminal charges), but if you are injured by an intoxicated driver you may be able to file a civil lawsuit.

DUI lawyers can help drivers who have been charged with DUI and individuals who have been injured by an intoxicated driver. Find a DUI attorney to review your DUI case and make sure you get the compensation you need to recover from your DUI injuries or losses.



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Filed under: DUI/DWI — Tags: , , , — Beth Losure @ 4:19 pm




Do I have a Drinking Problem?

Assuming a drink is defined as 12 ounces of beer, 5 ounces of wine, or 1.5 ounces of 80-proof spirits, how much alcohol do you drink in a year? How about in one day? National surveys claim that most people will say they do not have a drinking problem, but the Institute of Medicine estimates that 20 percent of the United States adult population’s daily consumption of alcohol exceeds the acceptable limits of one to two drinks per day. The study also estimated that as many as 5% may be addicted to alcohol.

So how dangerous is alcohol abuse? About 85,000 deaths per year and numerous injuries are a result of excessive drinking. In 2009, in California alone, it is estimated there were 950 DUI traffic deaths. This does not take into account the additional devastation caused by alcoholism including: fetal alcohol syndrome, child and spousal abuse and unsafe sex.

The U.S. has also seen young adult’s abuse alcohol, and although they may be able to maintain their jobs or attend school, their binging still brings unwanted consequences like those listed above.

So how do you know if you have a problem with alcohol? According to the World Health Organization there are several questions that can be asked to find out if you have a problem. They have created the Alcohol Use Disorders Identification Test or AUDIT to help you make a determination. The higher your score the more likely you will need to seek help from an alcohol abuse and education program.

The test includes the following questions:

1. How often do you have a drink containing alcohol?
2. How many drinks containing alcohol do you have on a typical day when you are drinking?
3. How often do you have six or more drinks on one occasion?
4. How often during the last year have you found that you were not able to stop drinking once you had started?
5. How often during the last year have you failed to do what was normally expected from you because of drinking?
6. How often during the last year have you been unable to remember what happened the night before because you had been drinking?
7. How often during the last year have you needed an alcoholic drink first thing in the morning to get yourself going after a night of heavy drinking?
8. How often during the last year have you had a feeling of guilt or remorse after drinking?
9. Have you or someone else been injured as a result of your drinking?
10. Has a relative, friend, doctor, or another health professional expressed concern about your drinking or suggested you cut down?

If you have taken the test and scored too high, it might be time to face the truth that you have a drinking problem. What causes a drinking addiction? Research indicates there are a variety of factors including social, emotion, and genetic factors. Certain groups also have been found to have a higher propensity to drink too much. Many individuals who have a severe mental or physical health condition such as depression, bi-polar or anxiety also may have a higher incidence of alcoholism.

So is it okay to share wine at a meal or celebrate by drinking a few drinks with friends? Moderate, responsible drinking is okay, but if you are using alcohol to avoid dealing with your problems, you have to drink more and more to feel relaxed (you have developed a tolerance for it) or you have to have a drink first thing in the morning to “steady” yourself, you may have a drinking problem.

Understanding warning signs, understanding how to quit and admitting you have a problem, is the first step to conquering your alcohol addiction.

Hiring a DUI Lawyer

If you have a drinking problem and you have been arrested for DUI this can have severe consequences for every aspect of your life. Not only does alcohol affect every organ of your body, a DUI arrest and conviction can damage your career, your personal relationship and your finances.

A DUI arrest should not be fought without the help of a DUI lawyer. Contact a DUI attorney in your area who can review your DUI case and answer your DUI questions.



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Filed under: DUI/DWI — Tags: , , , , — Beth Losure @ 3:19 pm




Texas Field Sobriety Testing

Texas drivers who are stopped for driving under the influence of alcohol or DUI may be asked by a police officer to submit to a field sobriety test. Field sobriety tests have been standardized by the National Highway Traffic Safety Administration (NHTSA) and currently consist of the walk-and-turn test, the one-leg stand test and the Horizontal Gaze Nystagmus test.

The walk-and-turn test is a divided attention test which is used to determine if a Texas driver can simultaneously follow instructions and complete the test. First the police officer will ask the driver to stand heel to toe with their hands at their sides. The driver must wait to start the test until the officer completes the instructions and ask them to begin. To complete the test the driver must walk nine steps forward, heel-to-toe, turn and walk back. The driver must count aloud as they walk.

What is the officer observing? The officer is looking to see if the driver can maintain balance, continue walking without stopping, step heel-to-toe, keep their arms to their sides, turn correctly and walk the right number of steps.

Police officers have been trained to evaluate the test using specific criteria established by the NHTSA. The NHSTA claims the test is 68% accurate when administered according to their guidelines.

The component of the field sobriety test is the one-legged stand test. Like the walk-and-turn test, this is a divided attention test which will test the Texas driver’s ability to perform a series of specific actions. The police officer will give instructions, and the driver must wait to begin the test until instructed to start. The police officer will ask the driver to raise their leg six inches from the ground and count aloud while their foot remains elevated.

The police officer is evaluating the driver and determining if they are able to keep their arms at their sides, maintain their balance, and avoid hopping or putting their foot down. According to the NHTSA, this test is 65% accurate when administered according to the guidelines.

The final test is called the Horizontal Gaze Nystagmus test, and it is used to measure the involuntary jerking of a driver’s eye which is increased at certain points if the driver is intoxicated. To perform this test the police officer will ask the driver to track a small object, such as a pen or light, as the officer moves it in front of the driver’s face.

The police officer is observing the ability of the driver to track the object smoothly. Additionally, the police officer is observing if Nystagmus occurs before the eyes reach a 45 degree angle or if the eye jerks as the driver looks to each side. According to the NHTSA, this test is 77% accurate if it administered according to the NHTSA guidelines.

State governments and special interest groups have worked together to standardize and increase penalties for DUI (driving under the influence). Drivers who are arrested for DUI, even first time offenders, may face extreme DUI penalties.

If you have been arrested for DUI you should contact a DWI lawyer as soon as possible. DUI convictions may include high fines, mandatory installation of an ignition interlock device, probation, driver’s license suspension, jail time, and mandatory attendance in an alcohol education program.



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DUI Arrest…What next?

Whether your state calls it a DUI (driving under the influence) or DWI (Driving while intoxicated) it basically means you are operating a motorized vehicle while under the influence or some type of intoxicating substance.

If is illegal in every state to operate a motorized vehicle with a blood alcohol concentration (BAC) or 0.08% or higher, but you may be arrested even if your BAC is under this level, if you are unable to safely operated your motorized vehicle.

So what happens if you are arrested for a DUI? Most offenders will be charged a misdemeanor, unless they have injured another driver or they are a repeat DUI offender. DUI penalties have increased in recent years and under certain state laws, you may not even have to be driving to be arrested for DUI. Some states have determined it is illegal to be in “physical control” of the car. In these states, being in physical control of the vehicle while drunk is enough.

This means that you can be arrested for just sitting or sleeping in your car after drinking.

What are the consequences of a DUI arrest and DUI conviction?

Legislatures, often influenced by powerful lobbying groups such as MADD (Mother’s Against Driving), have implemented increasingly severe DUI penalties. Even first time offenders can expect severe penalties. Common DUI penalties can include:

• Loss of driver’s license
• Jail time
• High fines
• Probation
• Mandatory alcohol education classes
• Installation of breathalyzer machines

Steps to Fighting a DUI Arrest

If you have been arrested for DUI, you have the opportunity to challenge your DUI arrest and defend the DUI charges.

• Talk to a DUI lawyer. Even with DUI evidence, a DUI attorney may be able to challenge the collection methods used by the police. Some police fail to follow strict state laws for evidence gathering. Your DUI attorney may be able to suppress DUI evidence that was illegally obtained.

• Schedule your DMV Hearing. If you are arrested for DUI, a police officer has the legal authority to take your driver’s license and issue you a temporary permit to drive. It is up to you to schedule a hearing with the Department of Motor Vehicles to challenge your driver’s license suspension.

Failure to schedule this hearing within the specified timeframe outlined by your state may result in an automatic license suspension for up to one year.

• Attend the arraignment. The arraignment is your first visit to court. It is your opportunity to plead guilty, no contest or not guilty. If you plead guilty, the judge will impose a sentence. DUI defendants who plead not guilty will be scheduled at a later court date to present their DUI case before either a jury or a judge.

• Attend the DUI trial. The DUI trial is the appointed time when the state, generally the arresting officer, presents their evidence of DUI to the court. Prosecution witnesses may include a chemist or another “expert” who can give information about the Field Sobriety Test, the breathalyzer or blood test and how your estimated level of impairment impacted your ability to operate a motorized vehicle. DUI trials also allow the DUI defense lawyer to present their case and potentially prove you were not intoxicated and you should be found not guilty.

• If convicted, attempt to expunge the DUI arrest from your record. Claimants who are arrested, charged and found guilty of DUI may, at some point, be able to expunge their DUI record. If you meet your state’s requirements, you may be able to petition the court to have your DUI record destroyed or sealed.

Expungement laws vary by state and expungement may not be possible under all conditions. Some states allow a DUI expungement if it is your first DUI offense, you keep your record clean, a satisfactory amount of time has passed since the DUI conviction and you have met the terms of your DUI sentence.
Other states, such as Alaska, do not allow an expungement. Others allow it after a specified period of time. In California, for instance, your DUI record can be expunged after 10 years.

If you have been arrested for DUI, contact a DUI lawyer immediately. State DUI laws vary and a DUI attorney can help whether it is your first, second or third DUI.



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Is Moderate Drinking Possible?

People drink alcohol for a variety of reasons. Some consume alcohol to avoid dealing with problems, to fight depression, to relax, to feel like they are part of the crowd or because they think it makes them appear more grown-up. Others simply like the taste.

Potential Health Benefits of Moderate Drinking

Proponents of moderate drinking claim there are several benefits of moderate drinking for most people including:

• Reducing the risk of dying of a heart attack
• Reducing the risk of a stroke
• Reducing the risk of developing heart disease
• Reducing the risk of developing gallstones
• Lowering your risk of diabetes

Opponents of moderate drinking claim it may cause harm, especially in certain age groups such as young adults or pregnant women. Older adults who have a known risk for heart disease also may not benefit from moderate drinking.

Individuals who are seeking to gain some of the benefits of moderate drinking may be able to accomplish the same goals with healthier and more effective behaviors such as exercise and consuming a healthier diet.

What is Moderate Drinking?

If Dietary Guidelines for Americans recommend individuals drink in moderation, it is important to understand what “moderation” really means. This requires drinkers to understand what is meant by the term “serving size”.

The Dietary Guidelines identify what a serving size is for different types of alcoholic beverages:

• Beer: 12 fluid ounces (355 milliliters)
• Wine: 5 fluid ounces (148 milliliters)
• Distilled spirits (80 proof): 1.5 fluid ounces (44 milliliters)

Harmful Actions of Excessive Drinking

Unfortunately, when it comes to drinking alcohol, many drinkers cannot limit themselves to one or two drinks. Whether they have a history or predisposition for alcohol abuse or they simply love the taste, some people have difficulty not drinking excessively and participating in risky behavior. For these individuals it may be better to completely avoid alcohol.

Common harmful effects of excessive alcohol consumption can include:

• Dangerous driving
• Aggressive actions toward others
• Increased chance of DUI arrest
• Increased injuries to yourself and others
• Increased risk of suicide
• Increased risk of high blood damage
• Increased risk of liver damage

Keep in mind that what may be excessive for you may not be excessive for another person. Blood alcohol concentration and absorption will depend on the drinker’s weight, age, gender, body mass index, dehydration levels and the amount of food they have recently consumed.

To keep yourself and others around you safe, if you are going to drink, drink in moderation. Make sure you are aware of your actions and the increased risk of high alcohol consumption.

Arrested for DUI

If you have been arrested for DUI it is time to talk to a DUI lawyer. DUI laws can be complicated and DUI penalties are severe. Do not leave your future to chance, find a DUI attorney who understands DUI laws and can help you with your DUI case.



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Filed under: DUI/DWI — Tags: , , , , — Beth Losure @ 10:56 am




How to get Car Insurance as a High Risk Driver

Do you think you are a high risk driver? Whether you have been charged with driving under the influence (DUI), speeding or causing a car accident, the penalties can be severe. Fines, incarceration, license suspension, job loss and finally high insurance costs are just some of the results of high risk driving behavior.

Unfortunately, whether you think you are high risk or not, insurance companies will analyze your driving history to determine whether to give you high risk auto insurance or a regular insurance policy.

If you have been labeled a high risk driver, you can expect to pay higher premiums for insurance or you may be denied coverage. You may also find that you have fewer options, insurance companies may not offer you the best deals and if you had low cost insurance your policy may be cancelled or your insurance premiums may dramatically increase.

Finding Car Insurance

1. Check your driving record. Contact the Department of Motor Vehicles for your state and find out exactly what the insurance companies are evaluating. Some traffic violations may be cleared from your driving record. Make sure all of your motor vehicle fines have been paid.

2. If you barely passed the driving exam it may be possible to take driving safety classes to improve your driving skills and potentially lower your insurance rates.

3. Premiums may be higher if you are driving an expensive car. Talk to the insurance company about the type of vehicle you could drive to lower your premiums.

4. Get several quotes from different insurance companies. Information about insurance companies can be found online or in the phone book. Friends may also be a great resource for insurance recommendations.

5. Be clear about the type of insurance coverage you need. Do not hide details about your driving record. Being honest and open may give you the opportunity to explain your driving record.

6. Find a vehicle with safety features. Does your car have automatic seat belts and airbags? Certain safety features may lower your car insurance premiums.

7. Bargain with several insurance companies for the best deal. Some companies may be willing to offer better priced coverage for high-risk drivers.

8. Never sign an insurance policy application without understanding the type of coverage you will receive if you are in a car accident. Drivers often fail to understand their coverage and find out too late that they do not have the type of insurance they need.

Unfortunately, if you a high risk driver you will not be able to get the cheapest insurance policy. If you have been charged with DUI (driving under the influence), DWI (driving while intoxicated), reckless driving, or multiple traffic violations, you will pay more for coverage but with smart decisions and a few simple steps you may be able to save yourself some money.



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Controlling DWI Repeat Offenders

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

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

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

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

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

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

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

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

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

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

What if you are the Victim of DUI?

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

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



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