Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here Duration of DWI On Your Driving Record »
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- Wondering for how long would the DWI stay on your record? Well that would depend on a few factors. During DWI on your record, there would be certain situation where you would have to show your driving records. This might be true in the case of you looking for new job where your employer might want to give you a company vehicle. For this they would want to make sure that your record is clean.
The discussion of some factors which decide of your DUI duration would vary from one state to another. For instance in one state, your DUI could stay on record for a number of number of years while in the other state it might be there for forever. Therefore getting rid of it is just not true. If you are lucky enough then you as well get away with your DUI record in that state permits you to do so. Click here to read more »
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New Drunk Driving Law »
Most people tend to ignore this fact and yet go onto repeat their mistakes; drink and drive. This combination together is a problematic issue and in the state of Louisiana, the republican representative from LaPlace, Nickie Monica, will make sure that the second time offenders of DWI get punished severely.
Prior to this bill, a second time offender of this offense was allowed to drive if they got permission from the department of motor vehicles who would grant a restricted license. This restricted license means that you could only driver to certain places such as work, church or in any medical emergency. Click here to read more »
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Consequences of Breathalyzer Refusal »
If you have been driving under influence (DUI) then you may be asked by the police officer to submit to a breath test or urine test to determine their blood alcohol content. If you refuse to appear for the breathlyzer or blood test then there might be seperate charges against you besides the DUI offense for which most have laws which specificly define the stirict penalties for anyone refusing to appear. To further make you case better, you might need to speak with a specialized DUI lawyer who could handle your case in your favor as even if you refused the test, you may still be convicted of a DUI.
More Penalties for Breathalyzer Refusal
Due to higher level of refusals, most states have revised their laws as they should to provide for stricter DUI penalties for blood alcohol content test and Breathalyzer refusal. Click here to read more »
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Facts To Remember About Drunk Driving »
Drunk driving is a common occurrence, but it is also one that could leave you in bad legal problems, if you are not careful about a few points. If you’re caught in a drunk driving case, don’t forget these important points.
Remember that drunk driving is criminal offense
Most people tend to ignore the fact that drunk driving is a criminal offense but many think that being arrested under this is not really any different than a traffic citation. However, this isn’t true. Offenses that are civil infractions carry no significant penalty other than just a mere suspension of the license of a nominal fine. Whereas, a conviction for a drunk driving offense will result in a criminal record being lodged against you and you can potentially receive significant fines and a jail sentence or term of probation.
Remember that you have constitutional rights
The first and foremost fundamental right which you need to remember is to stay silent while the police questions you. Click here to read more »
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Important Drunk Driving Terms »
There are some terms which are used often in drunk and impaired driving cases:
- DWI – Driving While Impaired
- DUI – Driving Under influence
- OMVI – Operating a Motor Vehicle while Impaired
- OUI – Operating Under the Influence
- OUID – Operating Under the Influence of Drugs
- OUIL – Operating Under the Influence of Liquor
- OWI – Operating While Impaired
- UBAL – Unlawful Blood Alcohol Level
There are some tests also which are carried out through the testing devices mentioned below:
- BAC Datamaster
This is a breath analysis device which produces an estimate of blood alcohol based upon infrared spectroscopy. These devices are designed to be low-maintenance, and relatively easy to use. However, they are not foolproof, and mistakes may occur in calibration, maintenance and storage, operation and use of the devices.
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What is Ignition Interlock System? »
As required by the law following DUI conviction, a breath alcohol ignition interlock system needs to be installed on the dashboard of your vehicle which is a breathalyzer. Under this the ignition interlock system, before you start your vehicle you need to blow into the BAC tester. That would test whether you are under the influence of alcohol or not. If you are under the allowed limit then the car would start and you could operate it normally. However, if you exceed the allowed limit then the starter on the car will lock and the driver won’t be able to drive it.
These devices are only issued to you if you have been already been charged for DUI. However you might also be forced to pay for the installation and the operating fees for this device which might cost you a few hundred dollars.If you were previously charged with a DUI and are worried about having to use this system then you might have to consult a DUI lawyer who might help you with your case. Click here to read more »
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A DUI Conviction Can Affect Your Insurance »
When convicted with a DUI case, you do have a lot at stake, especially related to your car insurance. A DUI case or arrest means a specific fine, money for hiring attorneys, probation, jail (in extreme cases) and a suspension of your driver’s license.
As it is with the US rules, it is very difficult to get out clean after a DUI conviction arrest. Your insurance company will be notified of the arrest as soon as you’re asked to fill a DUI SR-22 form obtained from the auto insurance company. The form is a proof showing the Department of Motor Vehicles (DMV) that there is valid liability insurance incase of any incident and that the institute may remove the license suspension.
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DUI Charges Under Blood Alcohol Content »
I will not launch into an explanation of alcohol content in your blood, as that’s pretty obvious when you drink alcohol, however, I would want to enlighten you on the dangers and problems that could be caused through high levels of blood alcohol content.
First of all, understand that drinking and driving is an invitation to imprisonment or even a hefty fine. Blood alcohol levels range from 0.2% up to 0.8% and getting yourself anywhere between these would define you as illegible to be driving and a probable occurrence of an accident. Most DUI state laws are very strict regarding the matter and if you happen to be driving around at a blood alcohol content of 0.8%, your in for big trouble.
How Do They Measure Blood Alcohol Content?
Now, if you’re new to these laws, don’t think that you can avoid having the test done right there and then after being stopped by a police car.
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First Time DUI Offense And Penalties »
DUI First Offence stands for Driving under Influence. Influence in this case can be of alcohol or drugs and can result into a serious criminal offence. DUI offenders should be treated and sent to rehabilitation centers as the cost n time element involved in DUI cases is significant.
DUI Sentencing Factors:
Numerous factors need to be considered before passing any verdict against DUI offenders. These include:
- What the law states
- Occurrence of an accident or the element of bodily damage involved
- Magnitude of injury
- Mitigating factors
- Aggravating factors
Mitigating Factors determine the degree to which a DUI offenders are keen to undertake treatment for their drug addiction, the level of adversity they have suffered as well as any kind of military service rendered.
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Understanding Implied Consent »
Implied Consent states that it’s the consent assessed when the circumstances allow a person around you to believe in the fact that consent has been granted even though if the word of agreement was not direct, express or explicit. This is often used by the law enforcing agencies to determine where you’re intoxicated or clean. For instance in case of drunk driving, if you’re drunk and you’re driving a vehicle then you have given a consent to submit to the approved test to test whether you are drunk driving or not. If you’re stopped driving for any particular reason then you can refuse to take the breathalyzer test, this is because when you got hold off your license, you gave consent for this to be done. But if you deny driving in a drunken state or refuse to give the test then you would find yourself in hot water than compared to giving the test.
In the city of Pennsylvania, the law of implied consent requires you to give the test. If you fail to do or deny appearing for it then you would lose you driving license for up to a period of 12 months due to the refusal itself. Given the above condition you still land up with DUI conviction and the 12 month ban period, therefore most lawyers advise their clients to go ahead with the test than to deny it.
For instance as mentioned above if you are stopped while driving or rather arrested then the officer on duty would read out the Implied Consent notice to you as stated by the law. After that you would be required to appear for various tests such as blood test, urine or breath or maybe in severe cases a combination of all three. It mandatory to give the test as you had agreed while accepting your driving license and if you fail to follow this then there might be severe complications. Having been arrested for drunk driving and if there are any exceptional circumstances such as injury or death or any one due to your influence of alcohol then you might be subject to a term of 15 years imprisonment. Thus its highly recommended that you give the test. Click here to read more »
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