The Court Of Public Opinion

Driving under the influence (DUI), commonly known as drunk driving, means operating a motor vehicle in a public area while intoxicated. It is considered a criminal offence to drive a vehicle after consuming alcoholic beverages. DUIs are also considered an offense when boating and piloting aircraft.

Driving under the influence of alcohol is a misdemeanor, and depending upon the nature of jurisdiction, it is sometimes referred to as driving while intoxicated (DWI), operating while intoxicated (OWI) or operating a motor vehicle while intoxicated (OMVI). DUI is perhaps one of the main reasons for motor vehicle crashes. The excess use of alcohol impairs the nervous system, thereby adversely affecting the balance of mind and body.

While driving under the influence is regarded as a serious offense in almost all states, the punishment generally depends upon the DUI statute in the state. If you are charged with driving under the influence, blood and urine levels are first tested. Also, a breath test is administered. If it is proved that your blood alcohol content is above the legal limit set by the states statute, you will be arrested. In some states, if any one is proved to have a breath test of .08 or higher, they are said to be under the influence of alcohol.

In all cases, if you are driving under the influence of alcohol, there is a good chance that you will lose your license, serve time in prison and serve a lengthy probation period. The charge could also affect future employment. DUI laws are quite complex, and offenders generally seek assistance of a competent and experienced lawyer to help them out.

Offenders are generally charged large fines based on the court proceedings and test results. Usually, first-time offenders are charged a fine, and there are certain provisions to get keep punishments at a mimimum.

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Perhaps the nations most well known anti drunk driving organization is Mothers Against Drunk Driving (MADD), they have catapulted this issue into the forefront of American culture and in the process have helped to make Driving Under the Influence (DUI) laws tougher in every state in the country. These tougher laws come with increased penalties and social ramifications.

1- Every state has taken a serious stand against drunk and drugged drivers. Perhaps the toughest state is California, which has received an overall grade of B from the Mothers Against Drunk Driving organization. While Montana received an F from the same group, using the same set of criteria. As you can see, it pays to follow the DUI laws, as you never know how they will affect you as you travel from state to state.

2- These laws are based on statistics such as these from the National Traffic Safety Administration: In 2003 of children 15 years of age and younger that were killed in car crashes, 21% died in drunk driving accidents. In 2004, 39% of all traffic fatalities were the result of driving under the influence.

3- Because of these statistics and the DUI laws that follow them, drinking and driving is becoming one of the most social condemned crimes of recent history. If you are convicted under any of the numerous DUI laws that are on the books today, you not only face the legal ramifications, but you also face being socially black listed. More and more people are turning away from acquaintances who drink and drive.

4- You can lose you job if you are convicted of this particular crime. Not only can you spend jail time and fines, but your employer may actually have a policy built into the company handbook.

5- Today, there is more than ever to think about before you sit behind the wheel of a car after you have been drinking. Be smart, call someone to drive you home, or stay where you are. It might be incontinent now, but could save you so much later.

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DUI. Driving Under Influence.

You’ve been told a thousand and one times that you shouldn’t drive and drink. Or take drugs for that matter. But when you do get into that sticky DUI situation, here are important information that will get you through your ordeal.

Arrested for DUI.
Once you’re arrested for DUI, this is what happens. The officer who caught you will immediately send a copy of the suspension or revocation form of your driver’s license with your sworn statement ( you’ll be made to sign it) to the Department of Motor Vehicles or DMV. DMW reviews the report and if they say the report is good, which is to your disadvantage, you may request a hearing to contest the suspension or revocation.

Confiscated license after the arrest.
Your driver’s license will be returned to you at the end of the suspension or revocation, provided that you pay a re-issue fee to the DMV and file a proof of financial responsibility. IF DMV finds out that there no basis for the suspension or revocation, your driver license will be issued or returned to you.

Order of Suspension and Temporary License.
This is given by the officer after the arrest for DUI. You may drive for 30 days from the date the order of suspension or revocation was issued, provided that you have California driver license and your driver license is not expired, or your driving privilege is not suspended or revoked for some other reason.

Administrative Hearing.
Once arrested, the officer will give you a Notice of Suspension which says that you have ten days to request an administrative hearing. A hearing is your opportunity to show that the suspension or revocation is not justified. It’s your chance to plead you case.

Suspension of driving privilege of you took the test.
If you are 21 years of age or older, took a blood or breath test, or (if applicable) a urine test, and the results showed 0.08% BAC (blood/breath alcohol concentration )or more:. A first offense will result in a 4-month suspension. A second or subsequent offense within 7 years will result in a 1-year suspension. If you are under 21 year of age, took a preliminary alcohol screening (PAS) test or other chemical test and results showed 0.01% BAC or more, your driving privilege will be suspended for 1 year.

Restricted License.
If you have work and you need to drive to work, you may apply for a restricted license to drive to and from work at any DMV field office. Refusal to take the chemical test.

You are required by law to take the chemical test to check the alcohol or drug content in your blood. There is no more urine test unless: The officer suspects you were driving under the influence of drugs or a combination of drugs and alcohol or both the blood or breath tests are not available. You can also take the urine test if you are hemophiliac (a disease wherein you have uncontrollable bleeding) or you are taking anticoagulant (prevents clotting of the blood) medication in for your heart condition.

Suspension of driving privilege if you refuse to take the chemical test. If you were 21 years of older at the time of arrest and you refused or failed to complete a blood or breath test, or (if applicable) a urine test: A first offense will result in a 1-year suspension. A second offense within 7 years will result in a 2-year revocation. A third or subsequent offense within 7 years will result in a 3-year revocation.

If you were under 21 years of age at the time of being detained or arrested and you refused or failed to complete the test: A first offense will result in a 1-year suspension. A second offense within 7 years will result in a 2-year revocation. A third or subsequent offense within 7 years will result in a 3-year revocation.

Difference between DUI arrest from suspension or revocation after conviction in criminal court. The DMV suspension or revocation is an administrative action taken against your driving privilege only. The suspension or revocation following a conviction in court is a mandatory action for which jail, fine, or other criminal penalty can be imposed.

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DUI defense is regarded as a highly specialized area of law, as it involves a series of scientific procedures including field sobriety tests. DUI cases are very complex and call for tremendous attorney expertise. Driving under the influence (DUI) legally refers to a serious offence caused by drunk driving. Its consequences are severe and may lead to punishments, penalties and stiff fines. Depending upon the nature and jurisdictions, DUI is known by different names such as driving while intoxicated (DWI), operating motor vehicle intoxicated (OMVI), operation under the influence (OUI) and operating while intoxicated (OWI).

DUI defense lawyers have to be armed with specific scientific as well as legal knowledge. DUI defense requires the defending counsel to also have a practical awareness of the operation of breath test equipment, hospital testing equipment and instruments utilized by forensic laboratories in the process of testing for intoxicants. A competent and qualified lawyer is aware of all kinds of loopholes, and has the ability to suppress evidence and produce good witnesses.

Another point to remember in DUI defense is that the laws pertaining to driving under the influence are complicated and differ from state to state. However, the statutes of all states have the common purpose of punishing driving under the influence of intoxicated substances. Punishments for driving under the influence have become severe in recent years. There is a good chance that there could be a restriction of license privileges for a stipulated period, mandatory minimum jail, and probation and vehicle forfeiture.

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