Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here New York DUI/DWI Penalties »
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- Laws requirement for suspected DUI drivers to concede to breath, blood, or urine testing is knows as “implied consent laws”. Refusal for carries penalties, which include mandatory suspension of driving license for up to a year.
Blood Alcohol Concentration (BAC)
If any driver in New York will be driving any motor vehicle with blood alcohol concentration (BAC) above than 0.08 percent will be measured “per se intoxicated” under the law. According to this law, that is all, which is needed for a driver to be convicted for Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).
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DUI Penalties In Maine »
DUI drivers are required to concede breath, blood, or urine test for blood alcohol content if caught by police is called “implied consent laws”. Refusal carries penalties, which includes mandatory suspension of a driving license for up to a year.
Blood Alcohol Concentration (BAC)
If any driver in Maine will be having blood alcohol concentration above than 0.08 percent then he/she will measured as “per se intoxicated” under this law. According to this law that is all which is needed for a driver to be convicted for Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).
Zero Tolerance Blood Alcohol Concentration
All states “zero tolerance laws” mainly focus on the drivers not of legal drinking age. Drivers under the age of 21 if will be operating any motor vehicle with blood alcohol level 0.02 percent or above will be subject to DUI penalties in Maine.
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In Nevada, A Conviction For DUI Can Bring troubles to you »
Before you start driving on the roads in Nevada, you must bear in mind that getting charged for a DUI case would not only make you face criminal conviction, but also affect your future in a negative way. Being charged for DUI in Nevada is not a small crime.
it can label you with an ill-conduct record for rest of your life that would result in ruining your career too and making it difficult for you to find some other job. Keeping in mind the severe consequences, you must not take a DUI charge lightly. The best way to lessen your worries in this regard is to contact some Nevada DUI attorney as early as possible. Click here to read more »
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Arizona DUI Penalties »
Implied consent laws require the suspected drivers, driving under the influence to admit to breath, blood, or urine testing for alcohol content. Refusal for going under through those tests can result penalties that can include mandatory suspension of a driving license.
Blood Alcohol Concentration (BAC)
In Arizona if any driver is having blood alcohol concentration level above .08 % then he will be deemed “per se intoxicated” under the law. Under this condition, this evidence is all that is needed for a driver to be convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).
Zero Tolerance Blood-Alcohol Concentration
Zero tolerance laws in all states center on drivers not of legal drinking age. In Arizona drivers under 21 years of age operating the motor vehicles with a .02% blood alcohol level or higher than that will be convicted for DUI charges.
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The Difference Between DUI and DWI? »
Ever wondered that what is the difference between DUI and DWI? Basically, they both are the same. DUI stands for driving under the influence, whereas DWI means driving while intoxicated.
Depending upon the state law, the two terms are used interchangeably in order to describe impaired or drunken driving. Some state laws may refer to it as DUI while others call it DWI.
Nevertheless, some states where both terms are used, DWI is usually referred to driving while intoxicated of alcohol, whereas DUI is used in cases when the driver is charged with being under the influence of alcohol or drugs.
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Study Suggests Gender Specific DUI Road Tests »
Although there have been many jokes about women trying to flirt with police officers to get out of tickets but now, there maybe some concrete evidence to prove that woman are more at a loss when it comes to the standard DUI laws than ever before.
The Law Offices of Lawrence Taylor, a DUI attorney in Los Angeles area and nationally known author of the book Drunk Driving Defense, has provided an article, which shows a study conducted in Italy.
According to the study, there is a component in the female’s bio-chemical make-up which could make women more prone to fail a DUI road test. The study may prove that woman may be unfairly arrested for DUI in some cases and should be given more gender specific tests.
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For 3 DUI Convictions Pike Woman will Serve Prison time »
On Friday, Pike County District Attorney Raymond Tonkin said that a Milford woman will serve prison time following three convictions for three drunken driving arrests during six months.
On Jan. 22, Heather Almodoval, 39, drove her vehicle off the road; at that time her blood-alcohol level registered at .15 %.
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How the Prosecution Prove the BAC Level? »
By the drunk driving laws to drive a vehicle while under the influence of alcohol (DUI) or while having a blood-alcohol concentration (BAC) of .08% or higher has been made a criminal offense. However, to be under the influence or to have a BAC of .08% while taking a breath test in a police station an hour or two AFTER driving is not a criminal offense. So how it is proved by the prosecution that what was the BAC when the defendant was driving? Now that’s a problem.
In a DUI case by projecting backwards, using average alcohol absorption and elimination rates you can try to guess what the BAC was, but that is only a very inaccurate guess. This process of guessing is called “retrograde extrapolation” which is a fancy name for trying to guess backwards. Now here the problem is that everyone has a different metabolism, and even in a given person alcohol will metabolize at different rates that depends on many variables.
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Man gets prison in 2 DUI wrecks »
On Friday a Tucson man has been sentenced to 10 years in prison for a couple of alcohol-related hit-and-run crashes, one of the two crashes has sent a woman to the hospital and she has suffered from life-threatening injuries.
It has been shown by the court records that Last month Eric David Marrufo, 29, has been pleaded guilty to two counts of aggravated DUI and one count of aggravated assault that arises from accidents in July 2008 and March 2009.
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What Happened to the Presumption of Innocence? »
This happens in most countries of the world, an illegal charges by the State forces the accused to prove himself innocent. However, in America, the presumption of innocence has always been a fundamental part of our rights as a free people.
This basic protection that has been given against the power of the government has been recognized as flowing from the 5th, 6th and 14th Amendments to our Constitution. As said by the United States Supreme Court, “The principle that there is a presumption of innocence in favor of the accused is the undoubted law, axiomatic and elementary, and its enforcement lies at the foundation of the administration of our criminal law.” Coffin v. U.S., 156 U.S. 432 (1895).
So what has happened to this presumption of innocence in a case of drunk driving? Can we consider this as another example of “the DUI exception to the Constitution”? So let us take a look at how this fundamental right has been slowly eroded by our DUI laws….
So now Let us assume that you have been arrested for drunk driving, and a reading of .09% blood-alcohol concentration (BAC) is shown by breathalyzers. By the breathalyzer you will be charged probably with two crimes:
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