Archives

The Ohio supreme court has ruled in favor of tougher penalties for drunken drivers with prior convictions who refuse breath tests if pulled over again. The court ruled 4-3

The Union County case challenged the constitutionality of penalties for individuals with a DUI conviction on their record if they refuse to submit to a alcohol test if arrested for another DUI violation and in turn convicted.

Under the new Ohio drunk driving law, violators would face 10 additional days of mandatory jail time in addition to the mandatory 10 days in jail a repeat DUI offender must serve.

The Dispatch said the Union County case involved a DUI case in which a man was given the additional 10 days for a September 2006 DUI incident.

While the Court of Appeals upheld Hoover’s conviction, it cut out the additional days in jail based on the stance the sentence violated his 4th Amendment rights on unreasonable searches and seizures.

“Hoover has no constitutional right to refuse to take a reasonably reliable chemical test for intoxication,” Ohio Supreme Court Justice Judith Ann Lanzinger wrote in Wednesday’s ruling, which upheld the initial decision against Hoover and reversed the appellate court ruling.

If you have been arrested for Ohio drunk driving, the current penalties under Ohio DUI law are harsh enough as far as you’re concerned. The right move to make is contacting a top Ohio DUI defense lawyer to go over your case.

If you have been arrested for your first New Jersey DUI or DWI  you should know being convicted of or pleading guilty to New Jersey drunk driving  can result in loss of your driving privilege , your ability to obtain insurance in New Jersey at reasonable cost, and may possibly effect your ability to work.  If convicted of drunk driving for the first time in New Jersey penalties can vary based on certain factors, such as your BAC.

First New Jersey DWI offense with BAC of .08% but less than .10%:

• You’ll lose your New Jersey license for three month
• Pay a fine ranging from $250 to $400
• Mandatory 12 to 48 hour stay at an Intoxicated Driver Resource Center (IDRC) with related fees
• Insurance surcharges of $1,000 a year for three years.
• You may also be required to spend up to 30 days in jail.

First New Jersey DWI offense with BAC of .10% or higher:

• You’ll lose your New Jersey license for seven months up to one year
• Face a $300 to $500 fine
• Have a mandatory IDRC stay of 12 to 48 hours with related fees
• Insurance surcharges of $1,000 a year for three years.
• You may also be required to spend up to 30 days in jail.

As you can see, there is a significant difference between the two levels of a first DWI offense in New Jersey, especially with regard to the period of New Jersey license suspension. With the help of an experienced New Jersey drunk driving lawyer these penalties may not have to be your fate. A free initial meeting can help you learn whether there may be challenges that can be made to the Blood Alcohol Reading, which may save you from an additional four to eight months of license suspension, or possibly result in the New Jersey DWI charge being dismissed completely. If you refused a chemical test it may work as an advantage in criminal court.

If you have just received your first NJ DWI offense, contact NJ DWI Attorney Steven M. Garber for a free phone consultation in New Jersey

According to the Baltimore Sun, some are saying that Maryland’s new DUI laws that go in effect this week are missing a key component- mandatory treatment for first time offenders.

Michael Gimbel, the former Baltimore County director of substance abuse whose program was used as a model by the National Commission Against Drunk Driving says the term “first-time offender” is a misnomer when it comes to drunken drivers. He strongly supports mandatory treatment for first time offenders.

In fact, Gimbel said,

“The reality is that these people drove drunk hundreds of times before they got caught the first time,” said Gimbel, a former drug addict and alcohol addict. “Most of these people don’t belong in jail; they belong in treatment.”

Of Maryland’s 600 traffic fatalities last year, 152 were alcohol related. These laws are built to prevent those accident from happening, but if you ask me ignition interlock devices are their best tactic in doing that.

Have you been accused of DUI in Maryland? Hey, we all make mistakes, but now you need to limit the damage you have done. In Maryland, when you are arrested for DUI you have 10 days to schedule and then, of course, attend an administrative license hearing. At this hearing it is possible to have your license suspended before you even go to criminal court. I would recommend attending with a lawyer specializing in Maryland drunk driving law. While it is unnecessary, you know nothing will be overlooked with an expert on your side.

Jim Doyle, Governor of Wisconsin apparently wants to toughen Wisconsin’s drunk driving laws. In his own words he says he wants to sign a “good, strong bill” toughening drunken driving laws in Wisconsin.

A DUI bill passed in the state last week that makes a 4th DUI a penalty instead of the 5th offense, but Governor Doyle says he would like to see a third offense be a felony. He says he supports making it a crime if there’s children in the vehicle, while the recently signed bill supports just that.

Doyle says it’s clear that there’s “still a long way to go” to toughen the Wisconsin DUI laws.

Currently, Wisconsin is the only state where a first time DUI offense is not a crime. A first time Wisconsin DUI is legally the same as a traffic ticket, but this new bill makes the first offense a misdemeanor if a child under the age of 16 is in the car.

The aim in all these drunk driving laws is to prevent injury and death from drunk driving accidents. Last year alcohol-related crashes killed 234 and injured more than 4,000 people in Wisconsin alone.

If you have been accused of your 4th Wisconsin DUI, it may be time to contact a drunk driving attorney for a free consultation. It is here you can talk about the specifics of your case and how you can avoid a felony DUI conviction.

According to WCBC 1270 AM Online, Maryland will see changes to its DUI laws and penalties starting October 1st, 2009.  The changes will include:

• A second Maryland DUI means an automatic 1 year license suspension.
• Offenders are now prohibited from Probation Before Judgment (PBJ) more than once in a 10 year period.
• There is a a provision for fines and incarceration for persons violating a Motor Vehicle Administration (MVA) imposed driver’s license alcohol restriction in one bill.
• Another bill criminalizes the furnishing of alcohol to minors;

The changes came from the 2009 legislative session in Annapolis.

It’s not only in Maryland that DUI penalties are getting tougher. All over the country a drunk driving conviction can follow you for a very long time. If you have been arrested for DUI in Maryland or anywhere else, you would be well advised to contact a DUI attorney. If you already have a DUI on your record considered having it expunged.

California drunk driving lawyer Lawrence Taylor, probably the most recognized DUI lawyer nationally, is saying that diabetics are being wrongfully accused of drunk driving.

Taylor says that the symptoms of a diabetic with low sugar levels (hypoglycemia) is much like a symptom of being runk. Also, he says, diabetics have a chemical in their breath that makes breathalyzers register at much higher levels. Taylor refers to the phenomenon as the “counterfeit DUI”.

The symptoms of a diabetics low blood sugars can include: slow and slurred speech, poor balance, impaired motor control, staggering, drowsiness, flushed face and disorientation. Much like the symptoms of many drunk drivers.

As one medical expert has observed, “Hypoglycemia is frequently seen in connection with driving error on this nation’s roads and highways … Even more frequent are unjustified DUIs or DWIs, stemming from hypoglycemic symptoms that can closely mimic those of a drunk driver.”

Making a case against a wrongfully accused diabetic worse breathalyzers don’t actually measure alcohol on the breath, Taylor says.  Rather, they use beams of infrared light which are absorbed by any chemical compound in the breath that contains the methyl group in its molecular structure. The machine is programmed to assume that the compound is “probably” alcohol.  In other words, the DUI attorney says, the breathalyzer will read significant blood alcohol levels where there may be little or none.

1 in 7 sober drivers on the road have diabetes.

If you have been accused of drunk driving you should hire a DUI lawyer to protect your rights. An arrest does not necessarily mean a conviction as long as you find a DUI lawyer.

When you are convicted of Polk County drunk driving your diving privilege is taken away and you are  faced with steep fines. If your car is how you get to work you may qualify for a hardship license as long as you meet 2 guidelines:

1. Florida law prohibits any hardship reinstatement upon 2nd or subsequent suspension for test refusal or if driver has been convicted of DUI two or more times.

2. Persons disqualified from operating a commercial motor vehicle cannot obtain a hardship license to operate a commercial motor vehicle.

If you have been arrested for DUI in Polk county this may not have to be your fate. With the help of a Polk County DUI lawyer you may be able to avoid a conviction or at least license suspension.

Why hire a Polk County DUI Lawyer?

A man was charged with Florida DUI, initially pursued for being naked on a motorcycle. The suspect was spotted on Interstate 75 early. He was pursued by a Marion County police officer and stopped.

The suspect said the deputy asked him if he had been drinking, and he answered that he had. Breathalyzer tests revealed blood alcohol levels above .08, the state’s legal limit to drive. This is his 5th Florida DUI charge.

Jail records showed he was later released on $20,000 bail.

Being the frequent DUI offender that he is, you would think he would know better than to admit to being drunk. Now that he has, his Florida DUI lawyer will have more of a challenge in defending him . Many times, when the conviction relies solely on breathalyzer results, a DUI lawyer can discredit the accuracy of such test and free you of a DUI charge. One of many reasons why you should hire a DUI lawyer when accused of drunk driving in Florida.

Are you thinking of having your DUI expunged?

After a DUI conviction having it removed from your record can be an option. This is called expunging the charge.  Depending on your state there may be different factors that play a roles in having your DUI expunged, but there are some general guidelines you must meet in order to have your DUI expunged you should know:

• You were not sentenced to prison
• You are no longer on probation
• You fulfilled all of your DUI sentence (fines,DUI classes, etc.)
• You have no pending criminal cases

You should learn if you are eligible before spending too much time or effort thinking about getting a DUI removed from your record. If you believe you are eligible and want to proceed, you should contact a DUI lawyer to assist with the process. While the process may not be cheap, it is up to you to decide if it is worth it, however simply contacting a DUI lawyer with your specific circumstances will cost you nothing except a little time. To make things easier for everyone before you meet with the lawyer somme common things to bring are:

• Your criminal history,
• Any probation documentation
• Your driving record
• Employment history

If you contact a lawyer dealing with expungement cases in your area they will tell you exactly what information to get and where to go to get it

Keep in mind having your DUI expunged does not always prevent the conviction from playing a role in future DUI sentencing.

A Northside Cincinnati, Ohio man with 5 previous Ohio drunk driving convictions was accused of DUI number six today.

The Ohio DUI suspect was northbound on Interstate 75, near the Western Hills viaduct, when he was pulled over for speeding. His blood alcohol level was .110. The legal limit in Ohio is .08.

If convicted for this drunk driving offense it will be considerd a class C felony under Ohio drunk driving laws.

The suspect is scheduled to appear in court Monday for his arraignment.

Have you been arrested for Cincinnati drunk driving?

If this is the case an Ohio drunk driving attorney’s expertise can benefit you in the regard of avoiding  a conviction and/or saving you thousands of dollars in fees and hours of aggravation.

A lawyer specializing in Ohio drunk driving and has been for many years, knows the ins and outs of Ohio DUI laws which enables them to build a case for you that will either free you of a drunk driving conviction or at the very least work out a deal with the prosecutor to minimize your sentence. Contact an Ohio drunk driving Lawyer for a free consultation today.