Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here What is Ignition Interlock System? »
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- 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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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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What Happen If You Arrested Second Time For DUI? »
Driving under the influence (DUI) is a criminal offense in U.S.A and it is one of the major causes of deaths in U.S.A. All US States are changing there DUI laws and becoming more harsh in penalties for DUI offenders. But people are more and more indulging in driving under the influence offense and don’t know the consequences of this offense in their future. Every state has different DUI laws and penalties for such drivers.
First time DUI offense is taken as seriously but if some one convicted second for DUI, he or she has to face more harsh penalties. Second time DUI offense can take you to jail and your driving license can be revoked. In Pennsylvania, a first time DUI offence is six month probation sentence with a fine of $300 but it becomes more intense on second time DUI arrest. If a man convicted for second DUI, jury can send him to jail for five days and can fine him more than $300. The fine can be up to the $2500 and driver’s license will be revoked for 12 months.
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Montana DUI Penalties »
Implied consent laws are the laws that require suspected DUI drivers to submit to breath, blood, or urine test for blood alcohol content. Refusal to that carries penalties including mandatory suspension of driving license for up to a year.
Blood Alcohol Concentration (BAC)
If any driver in Montana will be having the blood alcohol concentration above 0.08 percent then he/she will be considered “per se intoxicated”. According to this law only this evidence is enough to be convicted for Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).
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Central Florida Police charged US Rep. John Mica’s daughter with DUI »
It has been said by the police in central Florida that the blood-alcohol content for U.S. Rep. John Mica’s daughter was more than twice the legal limit.
D’Anne Leigh Mica was arrested on a charge of DUI on Early Friday morning
It has been shown by a Maitland police report that early Friday morning a 34-year-old D’Anne Leigh Mica was arrested on a charge of DUI. She was stopped by a DUI officer as he spotted her car drifting back and forth.
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Why every DUI suspect is considered as “Average”? »
One of the greatest sources of error in breath-alcohol testing is the consistently recurring fallacy that the individual tested is perfectly average in certain critical physiological traits.
Explaining this in other way, there are a number of assumptions on the validity of which an accurate blood-alcohol reading is obtained and its accuracy is completely dependent on the validity of those assumptions.
Unluckily, these assumptions are usually incorrect for the person being tested: It rarely happens that the person tested is “average” in even one of these critical characteristics.
‘Average’ Factor in Breath Testing Machine
For instance, it is assumed that the ratio between alcohol in the exhaled breath and alcohol in the blood is 1 to 2100. All breath testing devices depend on this assumption. The fact is that, the machine is designed such that it produce a reading based on that assumption; the accuracy of the reading is directly connected to the accuracy of the presumption.
Variation in Actual Ratio from person to person
Yet, there is a variation in the actual ratio in any given individual.
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Sen. John Kerry’s Daughter Will not Be Prosecuted for DUI »
Los Angeles prosecutors told that on Monday that Alexandra Kerry is off the hook in her DUI case and there won’t be having any criminal charges.
Attorney spokesman Frank Mateljan in Los Angeles City said that they had reviewed the arrest report and have declined to file criminal charges due to lack of evidence.
Sen. John Kerry’s spokesman said that Alexandra Kerry was pulled over in Hollywood on Nov.19 for an expired registration and there the officers conducted a DUI investigation but Alexandra’s test results were under the legal limit.
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New Technology to Fight DUI in Pennsylvania »
Although law enforcement forces are very much successful in catching those who drive under the influence of drug or alcohol in Pennsylvania. Although DUI detection tools are not much available. The Lycoming County DUI Task Force has introduced a new device to catch DUI cases. 
A new device called Pupillometer is being introduced that enable an officer to check a PA DUI suspect for impairment from a written page. This handy device is helpful in finding out the cause for DUI investigation. The device work by scanning the pupils and compare it to a database having more than 3 million images of the drug user. A Drug Recognition Expert certified officer can operate the device well.
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