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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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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Drunk Driving Laws In United States »
DUI/DWI has gone from being a minor charge to serious charge or even a felony; similarly the drunk driving laws have even become stricter overtime. This is because DUI/DWI may lead to murder or even manslaughter. DUI/DWI laws vary from state to state, It is very essential that you know about your state’s DWI laws so that you are well versed of the legal consequences and possible outcome if you are arrested on the basis of driving under the influence. The consequence the DUI offender faces depends on whether the person was a first time or habitual offender.
When a person is arrested for a DUI/DWI offense that person basically faces to separate charges, the first one is a criminal charge which will be handled by the court system and the second is the administrative action taken by the department of motor vehicles (DMV) against your driving privileges. Click here to read more »
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Texas DUI/DWI Penalties »
There are two definitions for intoxication in the Texas Legislature. The first definition is that if a driver is intoxicated and had a below normal use of physical or mental faculties because of alcohol, drug, or controlled substance use. If any driver is having blood alcohol concentration (BAC) 0.08 percent or above, the driver will be considered intoxicated according to second definition.
For first DWI/DUI offense driver will face fines up to $2,000, imprisonment from 72 hours to 180 days, and suspension of driving license for 90 days to 1 year. They must also have to take part in alcohol assessment/rehabilitation program. Click here to read more »
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Will a Soldier’s Civilian Driving License be Restricted for DUI? »
Every State has a DUI law.If any person driving with blood alcohol concentration (BAC) 0.08 percent and refuse to a breath test; his/her driving license will be suspended. According to DUI laws, DUI is a crime, whether committed on public or private property. So there are chances if a soldier is suspected for DUI then it is possible that military authorities submit the proper information to the DMV (Department of Motor Vehicles). So that they can take a revocation action but this does not happen always.
In other way, a soldier’s DUI offense can be prosecuted in Federal court or State court. Click here to read more »
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How to Discredit Retrograde Extrapolation in a DWI Breath Test Case »
When a driver agrees to submit a DWI/DUI breath test, then the state’s star witness at the trial would be the technical supervisor and the state’s expert on the breath test machine. The state’s expert’s testimony will be the calculation of the driver’s alcohol concentration at the time of driving and how many drinks took him/her to that point. This specific scientific theory is called retrograde extrapolation.
As the prosecutor will ask the technical supervisor to determine these numbers for the jury. The technical supervisor at the witness stand will punch numbers into a calculator. All of sudden testimony looks dramatic when the state’s expert will be asked on cross examination whether he and the prosecutor discussed his testimony before he took a stand. After being asked, he will be forced to admit that he calculated the numbers ahead of time. Click here to read more »
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Michigan DUI Penalties »
Law’s requirement of DUI drivers to go under breath, blood, or urine testing for blood alcohol concentration is called “implied consent laws”. Denial for that carries penalties, which include mandatory suspension of a driving license for up to a year.
Blood Alcohol Concentration (BAC)
Any driver with blood alcohol concentration (BAC) above than 0.08 percent in Michigan will be considered “per se intoxicated” under the law. Under this statute, only this evidence is enough for a driver to be convicted for Driving Under Influence (DUI) or Driving While Intoxicated (DWI).
Zero Tolerance Blood Alcohol Concentration
All states “zero tolerance laws” mainly focus on drivers not of legal drinking age. Any diver under 21 years age in Michigan operating motor vehicle with blood alcohol content 0.02 percent or above will be subject to DUI penalties.
Enhanced Penalty Blood Alcohol Concentration
Some of the states are having harsh punishments for DUI convicted people with high blood alcohol level at the time of arrest, that is usually 0.15 to 0.20 percent above the legal limit. Enhanced penalty laws are not utilized in Michigan. Click here to read more »
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Minnesota DUI Penalties »
It is the basic requirement of law for suspected DUI drivers to concede to breath, blood or urine test for blood alcohol content, this requirement is known as “implied consent laws”. If you will deny for that then you will face the penalties, which include mandatory suspension of a driving license for up to a year.
Blood Alcohol Concentration (BAC)
If you will be having blood alcohol concentration above 0.08 percent in Minnesota then you will be deemed “per se intoxicated” according the law. For being convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) only this evidence is enough.
Zero Tolerance Blood Alcohol Concentration
Zero Tolerance Laws in all states basically focus on the drivers not of legal drinking age. Any person under 21 years of age if will be operating any motor vehicle with blood alcohol content 0.02 percent or above he/she will be subject to DUI penalties in Minnesota. Click here to read more »
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Can I Get My Old DUI/DWI Case Off My Record? »
Removing a DUI/DWI case from ones record book is very difficult. It all depends on final result of you last DUI/DWI case. Many people worry about there DUI/DWI case record. There are some conditions in which DUI/DWI charges are not recorded.
First way to remove a last DWI/DUI case from ones record is possible if you were not found guilty by the jury and you were released without paying any fine or getting any penalty. But at the same time if you were convicted for DUI/DWI and got some penalty like went to jail or paid some fine or were on probation. It will be not possible for you to remove DUI/DWI case off from your record. Click here to read more »
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Maryland DUI Penalties »
Laws call for suspected DUI drivers to concede to breath, blood, or urine test are known as “implied consent laws”. Denial to implied consent laws could result you penalties such as obligatory suspension of the driving license for up to a year.
Blood Alcohol Concentration (BAC)
If any driver in Maryland will be having blood alcohol concentration (BAC) above than 0.08 percent he/she will be subject to DUI penalties under the law. Under this statute only that is required for a driver to be convicted for Driving While Intoxicate (DWI) or Driving Under Influence (DUI).
Zero Tolerance Blood Alcohol Concentration
All states “zero tolerance laws” mainly focus on drivers not of legal drinking age. Any diver under the age of 21 operating motor vehicle with blood alcohol content 0.02 percent or above in Maryland will be subject to DUI penalties.
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