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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

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.

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.

If you are in control of a vehicle, meaning basically you have the keys and you’re in the car you can be arrested for DUI. Physical control of vehicle under the influence is defined in section 46.61.504 of the Revised Code of Washington:

(1) A person is guilty of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug if the person has actual physical control of a vehicle within this state:

(a) And the person has, within two hours after being in actual physical control of the vehicle, an alcohol concentration of 0.08 or higher as shown by analysis of the person’s breath or blood made under RCW 46.61.506; or

(b) While the person is under the influence of or affected by intoxicating liquor or any drug; or

(c) While the person is under the combined influence of or affected by intoxicating liquor and any drug.

(2) The fact that a person charged with a violation of this section is or has been entitled to use a drug under the laws of this state does not constitute a defense against any charge of violating this section. No person may be convicted under this section if, prior to being pursued by a law enforcement officer, the person has moved the vehicle safely off the roadway.

(3) It is an affirmative defense to a violation of subsection (1)(a) of this section which the defendant must prove by a preponderance of the evidence that the defendant consumed a sufficient quantity of alcohol after the time of being in actual physical control of the vehicle and before the administration of an analysis of the person’s breath or blood to cause the defendant’s alcohol concentration to be 0.08 or more within two hours after being in such control. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant’s intent to assert the affirmative defense.

(4) Analyses of blood or breath samples obtained more than two hours after the alleged being in actual physical control of a vehicle may be used as evidence that within two hours of the alleged being in such control, a person had an alcohol concentration of 0.08 or more in violation of subsection (1)(a) of this section, and in any case in which the analysis shows an alcohol concentration above 0.00 may be used as evidence that a person was under the influence of or affected by intoxicating liquor or any drug in violation of subsection (1)(b) or (c) of this section.

(5) Except as provided in subsection (6) of this section, a violation of this section is a gross misdemeanor.

(6) It is a class C felony punishable under chapter 9.94A RCW, or chapter 13.40 RCW if the person is a juvenile, if: (a) The person has four or more prior offenses within ten years as defined in RCW 46.61.5055; or (b) the person has ever previously been convicted of (i) vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a), (ii) vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b), or (iii) an out-of-state offense comparable to the offense specified in (b)(i) or (ii) of this subsection.

Wisconsin could enable tougher drunk driving laws as soon as mid September.

First, a 4th DUI will be considered a felony under the new law. Currently a 5th time DUI in Wisconsin is considered a felony. Also, on the bill co-sponsored by Republican Tony Staskunas is mandatory ignition interlock use for repeat offenders.

The bill states an offender will have to at least partially pay for the installation and maintenance of the device. What this means exactly is unclear at the moment.

Wisconsin drunk driving law (DUI / OWI) prohibits a person from driving or operating a motor vehicle while under the influence of alcohol, a controlled substance, or a combination of alcohol and a controlled substance, or any other drug which makes a person less capable of safely driving. If you have been arrested for drunk driving in Wisconsin you should contact a Wisconsin DUI lawyer immediatly. During your search, visit the Law Firm Directory to find a DUI lawyer.

Looking for a particular states DUI laws or news? You are at the right place. Click on the states DUI laws or DUI News link you are seeking:

1. Alabama DUI Law, Alabama DUI News
2. Alaska DUI Law, Alaska DUI News
3. Arizona DUI Law, Arizona DUI News
4. Arkansas DUI Law, Arkansas DUI News
5. California DUI Law, California DUI News
6. Colorado DUI Law, Colorado DUI News
7. Connecticut DUI law, Connecticut DUI News
8. Delaware DUI Law, Delaware DUI News
9. Florida DUI Law, Florida DUI News
10. Georgia DUI Law, Georgia DUI News
11. Hawaii DUI Law, Hawaii DUI News
12. Idaho DUI Law, Idaho DUI News
13. Illinois DUI Law, Illinois DUI News
14. Indiana DUI Law, Indiana DUI News
15. Iowa DUI Law, Iowa DUI News
16. Kansas DUI Law, Kansas DUI News
17. Kentucky DUI Law, Kentucky DUI News
18. Louisiana DUI Law, Louisiana DUI News
19. Maine DUI Law, Maine DUI News
20. Maryland DUI Law, Maryland DUI News
21. Massachusetts DUI Law, Massachusetts DUI News
22. Michigan DUI Law, Michigan DUI News
23. Minnesota DUI Law, Minnesota DUI News
24. Mississippi DUI Law, Mississippi DUI News
25. Missouri DUI Law, Missouri DUI News
26. Montana DUI Law, Montana DUI News
27. Nebraska DUI Law, Nebraska DUI News
28. Nevada DUI Law, Nevada DUI News
29. New Hampshire DUI Law, New Hampshire DUI News
30. New Jersey DUI law, New Jersey DUI News
31. New Mexico DUI Law, New Mexico DUI News
32. New York DUI law, New York DUI News
33. North Carolina DUI Law, North Carolina DUI News
34. North Dakota DUI Law, North Dakota DUI News
35. Ohio DUI Law, Ohio DUI News
36. Oklahoma DUI Law, Oklahoma DUI News
37. Oregon DUI Law, Oregon DUI News
38. Pennsylvania DUI Law, Pennsylvania DUI News
39. Rhode Island DUI Law, Rhode Island DUI News
40. South Carolina DUI Law, South Carolina DUI News
41. South Dakota DUI Law, South Dakota DUI News
42. Tennessee DUI Law, Tennessee DUI News
43. Texas DUI Law, Texas DUI News
44. Utah DUI Law, Utah DUI News
45. Vermont DUI Law, Vermont DUI News
46. Virginia DUI Law, Virginia DUI News
47. Washington DUI Law, Washington DUI News
48. West Virginia DUI Law, West Virginia DUI News
49. Wisconsin DUI Law, Wisconsin DUI News
50. Wyoming DUI Law, Wyoming DUI News

The Montana Legislature’s Law and Justice Interim Committee will spend the next 18 months focusing on Montana DUI laws and storage of DNA evidence, said Rep. Shannon Augare, its new chairman.

The Montana DUI study request asks committee members to examine the strengths and weaknesses of Montana’s laws and to compare those laws to other states. The committee also is tasked with studying the incarceration rate for DUI offenses in the state and to determine whether Montana has a culture of accepting drunken driving.

Legislators also asked the committee to study the protocol for how law enforcement agencies collect and maintain DNA evidence in the state; they also asked the committee to come up with statewide standards for how that material is handled.

Source

Have you been accused of a Montana DUI?

If you have been arrested for a Montana DUI , it is critical that you contact an experienced Montana DUI attorney at once to protect your rights in criminal court and with the Montana Department of Transportation. You have a limited amount of time to appeal any suspension related to a Montana DUI arrest, so please contact a Montana DUI lawyer immediately.

If you are free of a Montana DUI charge be sure to know the Montana DUI laws before you drink and drive. This way you know what you are risking.