Tag Archives: Alcohol

Dentist drills on patient while drunk

Drunk and drilling

It is not unusual for drivers to be arrested for drunk driving, even if they are not driving their car, or arrested for riding a lawnmower under the influence of alcohol, what is less common is what happened Monday to a New York Dentist.

CBS New York reports that a dentist in the state of Long Island was arrested Monday after he consumed an excessive amount of alcohol and then performed a complicated dental procedure on a patient, which include drilling. According to reports, the patient noticed the smell of alcohol during the procedure and called the police who later came and arrested the dentist.

A Kranz (wreath) of Kölsch beer.

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What is involved in a Field Sobriety Test in Washington D.C.

By the 1970s, the National Highway Traffic Safety Administration (NHTSA) had developed the Standardized Field Sobriety Test (SFST) in cooperation with the Southern California Research Institute. The NHTSA claims that this series of tests, if they are performed correctly, are valid indicators for a driver’s intoxication or impairment and can help police officers establish probable cause for a DUI arrest.

Washington, D.C. drivers, who have failed a field sobriety test, can contact a Washington, D.C. DUI lawyer for information. Washington, D.C. field sobriety tests can include: the horizontal gaze nystagmus (HGN), the walk and turn, and the one leg stand test. Washington, D.C. police officers can use the results of these tests as evidence that the driver is driving under the influence of drugs or alcohol (DUI).

Driving under the influence of alcohol or drugs is illegal in Washington, D.C., and drivers can be arrested if their blood alcohol level is 0.08% or higher or if their driving is impaired by consuming any type of drug or alcoholic beverage. The field sobriety test is a valuable tool for field officers and although the evidence for the field sobriety test is not always used during a DUI trial, it can be used to establish probable cause for a DUI arrest.

Field sobriety tests are conducted by field officers who may fail to give adequate instructions or who may not take into consideration the limitations of certain drivers who perform the test. Washington D.C. drivers who are more than 50 pounds overweight, who have physical limitations, who are fatigued or who are over the age of 65 may have difficulty performing the field sobriety test accurately, even if they are sober. A Washington, D.C. lawyer can review a driver’s field sobriety test and determine if there are any factors, other than intoxication, which may have caused a driver to fail

Horizontal Gaze Nystagmus

For the horizontal gaze nystagmus test, the Washington, D.C. police officer will ask the driver to follow the path of either a small flashlight or pen as the officer moves it horizontally across the driver’s face. The horizontal gaze nystagmus (HGN) test can gage the involuntary jerking of the driver’s eye as it follows the object. Scientific studies have concluded that drivers that are impaired by alcohol or drugs will have a nystagmus which is exaggerated and will have trouble smoothly tracking a moving object. During the test, the Washington, D.C. officer observes the driver’s eyes as they follow the object watching for clues which suggest intoxication. Can the driver follow the object smoothly? Does the onset of nystgmus occur before the eye reaches 45 degrees? If the officer observes these clues he may conclude the driver is intoxicated.

Walk and Turn

For the walk and turn test the driver is instructed to walk 9 steps forward down an imaginary or real line, heel to toe. The driver than should turn and walk back 9 steps. The officer is observing if the Washington, D.C. driver can keep their balance, wait to start the test until after the instructions are given, walk heel to toe, stay on the line, keep their arms to their sides and not fall.

One Leg Stand

For the one leg stand test the driver is instructed to stand on one leg, hands to their side with the other foot suspended 6 inches from the ground. The officer or driver may count aloud for 30 seconds. If the driver puts their leg down, uses their arms for balance, falls, hops or sways it can be evidence of intoxication.

Hiring a Washington, D.C. Lawyer

DUI convictions carry severe, long-lasting penalties including loss of license, higher fines, and potential jail terms. Drivers who fail a field sobriety test in Washington, D.C., can get help from a Washington, D.C. attorney who specializes in criminal law. DUI lawyers in Washington, D.C., understand the complexities of DUI laws and can help Washington, D.C. drivers fight their DUI charges. No DUI lawyer can guarantee that they can get a DUI charge dismissed, but a knowledgeable and competent DUI lawyer is a driver’s best chance for a great DUI defense.

Indiana OWI Dangers and Laws – Help for Drinking and Driving

Drinking and driving is a life and death matter in the United States. Did you know alcohol leads to a death every 30 minutes? An alcohol related injury on the road happens every two minutes. Worst of all,  most  DUI charges are for repeat offenders, and the majority of drivers whose licenses are suspended continue driving. Indiana considers drinking and driving violations as OWI, operating while intoxicated. Most states use DUI (driving while intoxicated) or DWI (driving while intoxicated), if not both in certain cases.

How much can you drink before being over the legal limit?

First, the legal limit in all 50 states is 0.08% BAC. BAC stands for blood alcohol content. If you are pulled over in Indiana, you can get a sobriety test. If you are over the limit or obviously drunk, you will be arrested.  The best choice you can make is to not drink and drive, to have someone else give you a ride who is sober, if not taking a cab.

Also, since studies have proven on alcohol’s effects on the body can be different, sometimes even one or two drinks can lead to breaking the BAC limit. A woman of 120 pounds is likely to have a higher BAC than a woman or man of 240 pounds who drank the same amount. Also, if you eat food or drink water, this can lower your BAC in some cases. If you drink on an empty stomach, you have a higher chance for being over the limit. Lastly, it also depends on when you drink and when you decide to drive. While this requires study, the longer you wait, such as staying the night at a friends instead of driving, the better chance you have of being okay to drive later.

Be warned: simply waiting or eating does not make it okay to drink and drive.

What are Indiana OWI penalties?
Indiana considers OWI penalties via the BAC rate of .08%, and also gives license suspensions, fines, and jail time for OWI charges. If you are found guilty the for your first OWI penalty, you can expect an Indiana court to suspend your license for anywhere from 90 days to 1 year.

Habitual defenders are prosecuted further, with much longer license suspensions, fines, and the potential of long jail time. Also, if you hurt someone while drinking and driving, even if it’s your first time, you can expect to lose your license for some time, face even longer jail time, and receive high fines.

What do you do after and OWI?
Hiring an Indiana OWI lawyer can help you with stiff penalties. You need someone schooled in Illinois OWI law, as each state has different definitions. The best method is to simply avoid drinking and driving, as even a .06% rate, which is under the legal limit, doubles your chances of being in an accident.

To hire an Indiana OWI lawyer, search online for firms with experience, who are within your budget, and who can educate you on your choices.

Why You Need a DUI Attorney

Getting a DUI charge often seems like the end of the world.

You expect to lose your license, to be fined for thousands of dollars, and if you hurt someone, face serious criminal penalties beyond suspensions and fines.

After all, drinking and driving is the cause of tens of thousands of deaths just in the U.S. every year. People get behind the wheel when they shouldn’t and find themselves facing serious criminal charges for hurting another driver in an accident.

Which begs the question, if this is your first offence and you have a clean record, do you need a DUI attorney to help you? Would a DUI attorney be  able to get you out of this situation? If you hurt someone, will having professional counsel really help that much?

In some cases, you just might be able to plead your case in front of a court without a DUI attorney. However, think about it this way: would you operate on your heart by yourself, or ask a doctor to do it?  Unless you have extensive legal experience, you won’t know how to plea, how to handle judges, how to fight against license suspension and other charges, how to make your case for not being under the influence, and so on.

You can also ask for a court appointed attorney if a DUI lawyer is beyond your financial means.

If this is your first DUI offence, you might be okay without professional counsel. In most cases, unless you plead not guilty, the ruling is pretty straightforward. Your license is usually temporarily suspended and you get fines. You would have to study on DUI law yourself or ask a lot of questions to people who know the laws; every state handles the case differently except for the blood alcohol level limit of 0.08%.

If this is your second or third DUI, or you hurt someone, or if  you want to fight the charge, you cannot do without a DUI attorney.  You simply cannot handle a case involving possible jail time and permanent license suspension all by yourself. You might be without the money to pay the attorney, but many are willing to set up payment plans and offer discounts to clients on an as needed basis. You really can’t afford not to have a DUI attorney if you’re facing multiple DUI or aggravated DUI cases.

How Do You Hire a DUI Attorney?

You want a DUI attorney who specializes in all the different laws of the state. If you’re in New York, for example, you wouldn’t hire a New Jersey attorney; you’d want one who has more experience in handling judges and DUI offenses in New York.

You want an attorney who specializes in DUI law. There are many, including the owners of this blog, who can help you specifically with DUI cases where you face possible jail time, license suspension, major fines, and other penalties.

Lastly, don’t be afraid to ask a lot of questions and shop around. If you can find a DUI attorney who’s willing to work with you on fees and who has the knowledge, consider them one of your best options.

DWI Penalties in New York – And How to Fight Them

Driving under the influence (DUI) in New York is actually termed a DWI (driving while intoxicated), a variation which occurs in separate states. But the basic principle of a DWI, has all the same core laws that others states use. For instance, you can get your license suspended, for multiple charges you can go to prison, and different laws for those under age as well as who hurt or killed someone while driving.

What is DWI in New York?
DWI in New York is considered a crime. You can lose your license, face fines, and quite possibly go to jail. It depends on a variety of conditions, most which will be familiar to you. But, the basic 0.08 rule of being intoxicated is the same across all 50 states, including New York.

The level of abuse is considered by New York law under 5 basic conditions.
-The amount of alcohol you drink
-The amount of food you eat
-The length of time you drink
-Your body weight
-Your gender

Some of those may seem obvious. If you drink 10 beers and drive in New York, you’ll get a DWI or worse. However, what does the amount of food have to do with drinking? This is because of how alcohol is absorbed by your body, and how food can sometimes weaken the effects. If you drank those 10 beers and ate nothing, you would likely be more intoxicated, at least that’s how the laws are.

Body weight and gender are similar, as the amount of intoxication you get from drinking 10 beers does include how big you are; a 300 pound man may be less intoxicated than a 110 pound woman.

There are variations to how intoxicated you can get and how old you are. For example, if you had a .18 or higher alcohol level, that would be considered aggravated DWI and would have stiffer penalties.

The Penalties for New York DWI
There are many penalties for a DWI in New York, and they can get complex. It’s smart to first hire a professional DWI attorney in New York who can plead your case in front of a judge or jury. The more DWI charges you get, as with other states, the bigger the punishments are. Of note is the A-DWI, aggravated driving while intoxicated, which has stiffer penalties. Let’s go over those first.

A-DWI: $1,000-2,500 fine, possible 1 year prison sentence, license revoked for one year
Second A-DWI in 10 years: $1,000-$5,000 fine, possible 4 years in prison, license revoked for at least 18 months
Third A-DWI in 20 Years: $2,000-$10,000, 7 years, License revoked for at least 18 months

Now let’s go over the basic DWI and DWI-Drug violation penalties, which can be less stiff.

DWI: $500-$1,000, 1 year in prison, License revoked for at least 6 months
DWI-Drug: Same as DWI
Second DWI: DWAI Drug: $1,000-$5,000, 4 years prison, License revoked at least 1 year
Third DWI – DWAI Drug: $2,000-$10,000, 7 years prison, license revoked at least 1 year

How do you stop these penalties from occurring? The best move is to drink responsibly, but if you make a mistake, hiring professional DWI attorneys in New York can help. A DWI attorney can help you fight or plea bargain, explain your rights, educate you on the penalties, and help you move on with your life.

Costs of DUIs in California and Getting Help

The state of California, like all states, is tough on DUI offenses, even for the 1st time offenders. The laws are straightforward.

DUI California Penalties for 1st Time Offenders

-Jail time of 96 hours to 6 months
-Fine of $390 to $1,000
-License Suspension for 6 months
-Also must complete Driving Under the Influence Program

The more DUI arrests you get, the stiffer the penalties and the higher the chances of both extended jail time and suspension of license for extended periods. If you get another DUI after you first offense, you typically get penalized the most if it’s within  10 years of your previous California DUI.

DUI Penalties for 2nd Offense

-Jail time of 90 days to 1 year
-Fine from $390 to $1,000
-License suspension of 2 years

After that, technically the fines are the same, but the jail time and license suspensions go even higher. So should you fight these charges or bargain? The best route is to use a professional California DUI attorney who can help you make these decisions. With possible jail time and the effect of losing your license pending, it doesn’t hurt to try.

Trials for California DUI

A DUI attorney should be honest with you about your chances. For one, if you face a jury who believes you are guilty of a DUI, you need to plea bargain. If you lie about this and try to fight it, it really hurts your chances with the jury. Typically, the blood alcohol level tester is involved; if you have a blood alcohol level over 0.08%, you can expect trouble with a jury. California juries, like most, will consider that the proof they need.

However, most DUI attorneys in California have experience in handling juries, mainly because you have a better chance in front of a jury than a judge. Many judges are used to being lied to, which can make it difficult for you to fight the case.

The blood alcohol level may not always be a bad thing. If you can prove the blood alcohol level was close to the limit, you have better standing. If your blood alcohol level was tested to be very high, much higher than the legal limit, you won’t have much chance.

Hiring a California DUI Lawyer

These decisions should be made by more than individuals and families. No two cases are the same. While it’s sometimes best to put the case in front of a jury, you might in fact get a judge will to hear your arguments. Therefore, hiring a California DUI lawyer with the experience needed to fight your case is the logical final step. If you cannot afford a DUI lawyer, ask the judge for help and they will refer you to a lawyer to handle your case.

Teenagers and a DUI in New York

It is illegal in most states for minors to be partaking of alcohol, marijuana, and other controlled substances, and to drive while doing so puts them in double jeopardy. Yet, teenagers are doing so at alarming regularity. Some studies show that 70 percent of teenagers drink alcohol, and 60 percent of all teen deaths in car accidents are alcohol-related. So, why do teenagers drink and then drive?

The answer varies, but I am sure the reason why most teenagers drink and then drive has not really changed all that much since I was a teenager some 45 years ago.

I can remember like it was just yesterday. I was home from my first semester in college, and I met my older brother in the bigger city at a nightclub some 30 miles from where I grew up. Many of our friends from our small hometown were there including Chris and Vance, who, like me, were underage. My brother was one of the few in our group who was of age.  Even in those days when we had no computer at home, we all had learned the art of faking our identification. Being 19, it was fun to be able to go to a nightclub, drink, dance, and meet new girls. After all, it was simply just socializing, something we had seen our parents do all our young lives.

Of course, the night must always come to an end, and just as sure as the sun was going to come up the next morning, we were still 30 miles from home. Having consumed more than the legal limit of alcohol, we each mounted our trusty vehicles and drove back home. My brother and I left a little earlier than our friends, something to do with the next morning. By the grace of God, I like to think, we made it back safely to our cozy beds our Mom had so lovingly made for us. Vance and Chris were not so lucky.

Driving a 1965 Ford Mustang, the cops estimated they were doing 105 mph when they hit the curve just four miles from their own safe and cozy bed. The curve was sharp and had multiple telephone poles sunk into the ground with a one inch steel cable passing through them acting as a guard rail. Four of the poles were no match for the mass of the Mustang’s steel as it tumbled and rolled, snapping the poles like breaking tooth picks. Both Chris and Vance, not wearing seat belts, were thrown from the vehicle.

Vance was killed instantly when he landed directly on his neck breaking it in multiple places, and Chris died in the hospital earlier that morning having lost his lower jaw, they later said, when the Mustang rolled over him. Was this just another case of a teenage alcohol related accident? Being a small town, there was never a need to publicly humiliate the parents by announcing the blood alcohol content of the boys, but my brother and I, who had partied the previous night with Chris and Vance,  knew the real truth. The local police never asked us about where we were that fatal night, but the memories still haunt me to this day.

We all have to get from one place to the next, and socializing is in our nature. Before you consider drinking and driving in New York, please know that regardless of whether or not you are a teenager, a first time DUI conviction can cost you up to a $1000 fine, up to one year in jail, a driver’s license suspension for six months, a mandatory conviction surcharge, being ordered for alcohol screening and evaluation prior to sentencing, and the knowledge a conviction goes on a permanent criminal record that is public information.

If you are a teenager or have a teenager that has recently been accused of a DUI in Albany, Schenectady, or Troy, New York, you are going to need professional help. Contact us right now and we will help you find a traffic attorney in your area who is not only understanding of the laws affecting teenage drunk driving, but they remember and understand what it was like when they were a teenager. They were once young, but they grew up, and now, they want to help you.

The Difference Between DUI, and OUI in Maine

Technically, DUI means driving under the influence of some type drug. Under Maine’s Bureau of Motorized Vehicle (BMV), the definition for DUI under code §2401 states “Under the influence of intoxicants” means being under the influence of alcohol, a drug other than alcohol, a combination of drugs or a combination of alcohol and drugs.

The same code defines “OUI” as operating under the influence of intoxicants or with an excessive blood-alcohol level. OUI in Maine is similar to the term DWI used in other states. DWI means simply driving while intoxicated, and in many states, refers to the use of alcohol.

The use of DUI and OUI can be interchangeable, but OUI usually refers more to the severity the drug has metabolized within the offending person’s body. Convicted first time offenders can receive jail time, a stiff fine, and driver’s license suspension with a conditional reinstatement for one year. The conviction, even a first time conviction, stays on your record permanently.

According to a news article in dui.com and posted July 14, 2009, “Effective today, those stopped for suspicion of driving under the influence in Delaware will be facing twice the fines, and repeat offenders could be sentenced to jail for up to 15 years.” All across our nation, whatever term you refer to drinking and driving or drunk driving, states are clamping down on these type traffic violations.

When you face these kinds of charges, it is no time to handle your case all by yourself. You may need an attorney who  understand the subtle differences in the legal jargon of Maine law, and who specializes in representing YOUR best interests.

Teenagers and a DUI in the Allentown Area of Pennsylvania

It is illegal in most states for minors to be partaking of alcohol, marijuana, and other controlled substances, and to drive while doing so puts them in double jeopardy. Yet, teenagers are doing so at alarming regularity. Some studies show that 70 percent of teenagers drink alcohol, and 60 percent of all teen deaths in car accidents are alcohol-related. So, why do teenagers drink and then drive?

The answer varies, but I am sure the reason why most teenagers drink and then drive has not really changed all that much since I was a teenager some 45 years ago.

We all have to get from one place to the next, and socializing is in our nature. Before you consider drinking and driving in Pennsylvania, please know that regardless of whether or not you are a teenager, a first time DUI conviction can cost you up to six months probation, six months in prison, up to a $5000 fine, and up to a year of your driver’s license suspended.

If you are a teenager or have a teenager that has recently been accused of a DUI in places like Allentown, Bethlehem, or Easton, Pennsylvania, you are probably going to need professional help. Contact us right now at www.duiattorneyhome.com , and we will help you find the professional in your area who is not only understanding of the laws affecting teenage drunk driving, but they remember and understand what it was like when they were a teenager. They were once young, but they grew up, and now, they want to help you.

Facing DUI Related Accidents in California

Driving under the influence (DUI), the legal term most commonly used to describe the offense of drunk driving, has been attributed by the National Highway Traffic Safety Administration (NHTSA) of causing 15,387 of the 41,059 deaths by automobile accidents occurring in 2007. The figure represents 37 percent of the total fatal traffic accidents throughout the United States. The NHTSA says, “A motor vehicle crash is considered to be alcohol-related if at least one driver involved in the crash is determined to have had a blood alcohol concentration (BAC) of .01 gram per deciliter (g/dL) or higher. Thus, any fatality that occurs in an alcohol-related crash is considered an alcohol-related fatality.”

In 2007, in the state of California, there were 1,509 deaths attributed to alcohol which represented 36% of the total that were considered traffic-related fatalities. Non-fatal DUI caused accident statistics are even more startling than the fatality statistics, and they include numerous disabling injuries that have occurred all across our land including places like San Francisco, San Mateo, Oakland, and Marin, California.

It is true what some say, it does not pay to drink and drive. With these startling statistics, is there any wonder states are cracking down on the people who drive while drinking? Across the nation, depending on the severity of the traffic violation and including the consideration of a fatality, convictions for drinking and driving can be considered a misdemeanor or a felony, and they can bring a multitude of harsh punishments. With a conviction, a person’s record could permanently brand him or her as a life time criminal. The record is often made public to employers and insurance companies.

Traffic laws have been made to protect the innocent because there usually is an innocent party in most traffic accidents. So, if you are facing a DUI related accident in California and have been hurt, disabled, or had a fatality of one of your family members as a result, and you feel like you are the innocent party involved, these types of accidents are too serious and complicated for the average layman to handle by themselves. You may need a legal professional to help advise you on what to do and how to protect yourself. Contact us right now at DUIAttorneyHome.com, and we will help you find an attorney in the area where you live that can help you with your case.