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How Can DUI Attorneys Help?


Drunk driving attorneys specialize in defending DUI cases. They understand the many different issues involved and may be able to fight to have charges dropped or reduced. Don’t try to defend yourself when your freedom is at stake – hire a DUI defense attorney immediately.

Drunk driving attorneys specialize in defending DUI cases. They understand the many different issues involved and may be able to fight to have charges dropped or reduced. Don’t try to defend yourself when your freedom is at stake – hire a DUI defense attorney immediately.

Driving Under the Influence of Drugs


You may be arrested for DUI or DWI if you have consumed a legal or illegal drug, with or without a prescription, which has impaired your driving. Penalties are usually similar to those for driving under the influence of alcohol. If you are facing charges for driving under the influence of drugs, experienced DUI/DWI attorneys may be able to get your case dismissed or sentence reduced.

You may be arrested for DUI or DWI if you have consumed a legal or illegal drug, with or without a prescription, which has impaired your driving. Penalties are usually similar to those for driving under the influence of alcohol. If you are facing charges for driving under the influence of drugs , experienced DUI/DWI attorneys may be able to get your case dismissed or sentence reduced.

Driving Under the Influence of Alcohol


In many states the standard for DUI arrest is blood alcohol concentration of 0.08 percent. This is approximately three to four drinks in one hour for an average man or two to three drinks for a woman. If you have been stopped for drunk driving, you should contact a DUI defense attorney right away.

In many states the standard for DUI arrest is blood alcohol concentration of 0.08 percent. This is approximately three to four drinks in one hour for an average man or two to three drinks for a woman. If you have been stopped for drunk driving , you should contact a DUI defense attorney right away.

DUI Penalties


Penalties for DUI can include jail terms, fines, license suspension or restriction, or probation. Some states may require an ignition interlock device. Charges will differ with the circumstances. Depending on your drunk driving case, however, an experienced DUI/DWI defense attorney can fight to reduce your penalties and maintain your freedom.

Penalties for DUI can include jail terms, fines, license suspension or restriction, or probation. Some states may require an ignition interlock device. Charges will differ with the circumstances. Depending on your drunk driving case, however, an experienced DUI/DWI defense attorney can fight to reduce your penalties and maintain your freedom.

DUI Process


Most DUI situations include a traffic stop, an arrest, and booking at the law enforcement station. Government attorneys will then consider your case and determine whether to press charges. The DUI process is complex, so you should ask to speak to a defense attorney as soon as possible.

Most DUI situations include a traffic stop, an arrest, and booking at the law enforcement station. Government attorneys will then consider your case and determine whether to press charges. The DUI process is complex, so you should ask to speak to a defense attorney as soon as possible.

DUI Testing


Types of DUI testing include breath tests, blood tests, and urine tests. Breath tests are common and can be used at the scene of the arrest, but under certain circumstances, the validity of these tests may be questionable. Those stopped for drunk driving should contact a DUI/DWI defense attorney immediately.

Types of DUI testing include breath tests, blood tests, and urine tests. Breath tests are common and can be used at the scene of the arrest, but under certain circumstances, the validity of these tests may be questionable. Those stopped for drunk driving should contact a DUI/DWI defense attorney immediately.

Your Rights in a DUI Case


Law enforcement often seems intimidating if you’re stopped for DUI. But you are within your rights to remain silent and refuse requests for field sobriety tests, with the exception of breath, blood, or urine tests. The important thing to remember is that you should ask to contact a lawyer immediately. Learn more about your rights in a DUI/DWI case.

Law enforcement often seems intimidating if you’re stopped for DUI. But you are within your rights to remain silent and refuse requests for field sobriety tests, with the exception of breath, blood, or urine tests. The important thing to remember is that you should ask to contact a lawyer immediately. Learn more about your rights in a DUI/DWI case .

DUI/DWI

DUI/DWI

Although laws vary by state, DUI or DWI is generally considered to be driving under the influence of intoxicating liquor or drugs. Most jurisdictions will prosecute DUI to the fullest extent of the law. Individuals accused of drunk driving should retain an experienced DUI/DWI defense attorney to protect your rights.

DUI/DWI Although laws vary by state, DUI or DWI is generally considered to be driving under the influence of intoxicating liquor or drugs. Most jurisdictions will prosecute DUI to the fullest extent of the law. Individuals accused of drunk driving should retain an experienced DUI/DWI defense attorney to protect your rights.

Penalties for Juvenile DUI Or Refusal Of Chemical Testing

Penalties for Juvenile DUI Or Refusal Of Chemical Testing

It is illegal in Alaska for a person under the age of 21 to consume alcohol.

30 days for a 1st offense.

60 days if you have been previously revoked for this offense.

90 days if you have 2 previous revocations for this offense.

1 year if you have 3 or more previous revocations for this offense.

Upon conviction, the court must order community service and/or a fine up to $1,000.
Penalties for Juvenile DUI Or Refusal Of Chemical Testing It is illegal in Alaska for a person under the age of 21 to consume alcohol. 30 days for a 1st offense. 60 days if you have been previously revoked for this offense. 90 days if you have 2 previous revocations for this offense. 1 year if you have 3 or more previous revocations for this offense. Upon conviction, the court must order community service and/or a fine up to $1,000.

DUI :What if I’m Under 21?

What if I’m Under 21?

Operation of a motor vehicle, aircraft, or watercraft after consuming alcohol or drugs in any mount (no alcohol in blood or on breath—zero tolerance) Alaska DUI law states you will be arrested for driving while impaired.

Upon conviction, the court will order community service and/or a fine up to $1,000.

Revocation of license will occur even if you are found not guilty or the criminal citation is dismissed.
What if I’m Under 21? Operation of a motor vehicle, aircraft, or watercraft after consuming alcohol or drugs in any mount (no alcohol in blood or on breath—zero tolerance) Alaska DUI law states you will be arrested for driving while impaired. Upon conviction, the court will order community service and/or a fine up to $1,000. Revocation of license will occur even if you are found not guilty or the criminal citation is dismissed.

DUI :What if I Am An Out of State Driver?

What if I Am An Out of State Driver?

Be advised that 45 states and the District of Columbia have an out of state Driver’s License Compact Agreement, meaning that Alaska DUI convictions will be reported to your home state which will generally take action to suspend your license. Offenses for out of state drivers can also create other complications. Consequently, it’s imperative that you contact a local Alaska DUI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.
What if I Am An Out of State Driver? Be advised that 45 states and the District of Columbia have an out of state Driver’s License Compact Agreement, meaning that Alaska DUI convictions will be reported to your home state which will generally take action to suspend your license. Offenses for out of state drivers can also create other complications. Consequently, it’s imperative that you contact a local Alaska DUI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.

What Is DUI enhancement?

What Is DUI enhancement?

One or more convictions for the same or a similar offense.

A child (14 or under) was in the car at the time.

20 miles or more over the speed limit when cited.

The BAC was over.20%.

Refusing a chemical test.

Property damage of over $500.

Any personal injury may elevate the offense to a felony.

If there was .16% BAC but less than 0.24% the court shall require the person to use an ignition interlock device for a minimum of 6 months after the person regains the privilege to operate a motor vehicle.

If there was 0.24% BAC or more court shall require the person to use an ignition interlock device for a minimum of 1 year after the person regains a driver’s license.
What Is DUI enhancement? One or more convictions for the same or a similar offense. A child (14 or under) was in the car at the time. 20 miles or more over the speed limit when cited. The BAC was over.20%. Refusing a chemical test. Property damage of over $500. Any personal injury may elevate the offense to a felony. If there was .16% BAC but less than 0.24% the court shall require the person to use an ignition interlock device for a minimum of 6 months after the person regains the privilege to operate a motor vehicle. If there was 0.24% BAC or more court shall require the person to use an ignition interlock device for a minimum of 1 year after the person regains a driver’s license.

Minimum Penalties for DUI With Refusal Of A Chemical Test

90 day minimum revocation days for a first offense. Court may impose more than the minimum.

1 year revocation if you have 1prior conviction of DUI or refusal to test.

3 years if you have two prior convictions of DUI or refusal.

5 years if you have three or more prior convictions of DUI or refusal.

For commercial driver’s license, the court must disqualify your privilege for the minimum period required by law.

The CDL disqualification period can be for 1 year to life depending on the severity of the offense.

The court's revocation may be concurrent with or consecutive to a DMV revocation.

Referral to alcohol treatment and rehabilitation.

BAC of .08% Or More With Refusal Of A Chemical Test

  • Driver’s license, privilege to drive or to obtain a license revoked by the Division of Motor Vehicles.
  • This revocation will occur even you are found not guilty in court, or the refusal to test is dismissed.
  • 1 year revocation if you have been previously convicted of DUI or refusal.
  • 3 years if you have two prior convictions of DUI or refusal.
  • 5 years if you have three or more prior convictions of DUI or refusal.
  • Prior convictions of DUI or refusal occurring in Alaska or another state within the last 15 years can be used to determine or enhance the revocation period.
90 day minimum revocation days for a first offense. Court may impose more than the minimum. 1 year revocation if you have 1prior conviction of DUI or refusal to test. 3 years if you have two prior convictions of DUI or refusal. 5 years if you have three or more prior convictions of DUI or refusal. For commercial driver’s license, the court must disqualify your privilege for the minimum period required by law. The CDL disqualification period can be for 1 year to life depending on the severity of the offense. The court's revocation may be concurrent with or consecutive to a DMV revocation. Referral to alcohol treatment and rehabilitation. BAC of .08% Or More With Refusal Of A Chemical Test Driver’s license, privilege to drive or to obtain a license revoked by the Division of Motor Vehicles. This revocation will occur even you are found not gu...

Minimum Penalties for DUI With Refusal Of A Chemical Test

Minimum Penalties for DUI With Refusal Of A Chemical Test

90 day minimum revocation days for a first offense. Court may impose more than the minimum.

1 year revocation if you have 1prior conviction of DUI or refusal to test.

3 years if you have two prior convictions of DUI or refusal.

5 years if you have three or more prior convictions of DUI or refusal.

For commercial driver’s license, the court must disqualify your privilege for the minimum period required by law.

The CDL disqualification period can be for 1 year to life depending on the severity of the offense.

The court's revocation may be concurrent with or consecutive to a DMV revocation.

Referral to alcohol treatment and rehabilitation.

BAC of .08% Or More With Refusal Of A Chemical Test

  • Driver’s license, privilege to drive or to obtain a license revoked by the Division of Motor Vehicles.
  • This revocation will occur even you are found not guilty in court, or the refusal to test is dismissed.
  • 1 year revocation if you have been previously convicted of DUI or refusal.
  • 3 years if you have two prior convictions of DUI or refusal.
  • 5 years if you have three or more prior convictions of DUI or refusal.
  • Prior convictions of DUI or refusal occurring in Alaska or another state within the last 15 years can be used to determine or enhance the revocation period.
Minimum Penalties for DUI With Refusal Of A Chemical Test 90 day minimum revocation days for a first offense. Court may impose more than the minimum. 1 year revocation if you have 1prior conviction of DUI or refusal to test. 3 years if you have two prior convictions of DUI or refusal. 5 years if you have three or more prior convictions of DUI or refusal. For commercial driver’s license, the court must disqualify your privilege for the minimum period required by law. The CDL disqualification period can be for 1 year to life depending on the severity of the offense. The court's revocation may be concurrent with or consecutive to a DMV revocation. Referral to alcohol treatment and rehabilitation. BAC of .08% Or More With Refusal Of A Chemical Test Driver’s license, privilege to drive or to obtain a license revoked by the Division...

3rd 4th and 5th&6th DUI offense

3rd Offense

All of the above plus:

3 years revocation of license.

60 days, not more than 1 year in jail.

$4,000 fine.

4th Offense

All of the above plus:

5 years revocation of license.

120 days in jail.

$5,000 in fine.

5th Offense

All of the above plus:

5 years revocation.

240 days in jail.

$6,000 fine.

6th Offense

All of the above plus:

5 years revocation of license.

360 days jail.

$7,000 fine.
3rd Offense All of the above plus: 3 years revocation of license. 60 days, not more than 1 year in jail. $4,000 fine. 4th Offense All of the above plus: 5 years revocation of license. 120 days in jail. $5,000 in fine. 5th Offense All of the above plus: 5 years revocation. 240 days in jail. $6,000 fine. 6th Offense All of the above plus: 5 years revocation of license. 360 days jail. $7,000 fine.

2nd DUI Offense

2nd Offense

A person is guilty of a class C felony if they have been convicted 2 or more DUI’s within10 years of the present offense.

1 year revocation of license.

20 days to not more than1 year in jail.

$3,000 to $5000 fine.

May be required to take a drug intended to prevent the consumption of an alcoholic beverage.

Mat require the forfeiture of the vehicle, watercraft, or aircraft used while driving impaired.

Revocation of the registration for any vehicle registered in the name of the person convicted. If a person convicted is a registered co-owner of a vehicle, the department shall reissue the vehicle registration omitting the name of the person convicted.

May be ordered to participate for at least 18 consecutive months in a court-ordered treatment program.
2nd Offense A person is guilty of a class C felony if they have been convicted 2 or more DUI’s within10 years of the present offense. 1 year revocation of license. 20 days to not more than1 year in jail. $3,000 to $5000 fine. May be required to take a drug intended to prevent the consumption of an alcoholic beverage. Mat require the forfeiture of the vehicle, watercraft, or aircraft used while driving impaired. Revocation of the registration for any vehicle registered in the name of the person convicted. If a person convicted is a registered co-owner of a vehicle, the department shall reissue the vehicle registration omitting the name of the person convicted. May be ordered to participate for at least 18 consecutive months in a court-ordered treatment program.

1st DUI Offense

No priors

No refusal of breath test

Breath test .08%

A misdemeanor.

Not less than 3 days nor more than 1 year in jail.

90 days revocation of driver’s license.

24 to 160 hours of mandatory community service.

$1500 is the average fine. (Not less than $250 nor more than $5,000).

$270 in court costs.

May be required to pay the costs of incarceration

8 to 15 hours of mandatory attendance (plus fees) required for alcohol education or substance abuse treatment as recommended by an assessment counselor.

The court may reduce fines and requirements to be imposed with probation.

May require installation and cost of an ignition interlock device.

Offenders failing to comply with the terms of their program are not eligible for license reinstatement and shall be subject to revocation of probation and incarceration.

Alternatives are available to some terms and jail time, such as: Electronic Monitoring, Work Release or Work Furlough, Weekend Jail, Alcohol or Drug Rehabilitation, and Sober Living Sites. One more reason why a DUI attorney should be contacted who is familiar with Alaska DUI laws.
No priors No refusal of breath test Breath test .08% A misdemeanor. Not less than 3 days nor more than 1 year in jail. 90 days revocation of driver’s license. 24 to 160 hours of mandatory community service. $1500 is the average fine. (Not less than $250 nor more than $5,000). $270 in court costs. May be required to pay the costs of incarceration 8 to 15 hours of mandatory attendance (plus fees) required for alcohol education or substance abuse treatment as recommended by an assessment counselor. The court may reduce fines and requirements to be imposed with probation. May require installation and cost of an ignition interlock device. Offenders failing to comply with the terms of their program are not eligible for license reinstatement and shall be subject to revocation of probation and incarceration. ...

Houston Texas DWI Defense Lawyer

Houston Texas DWI Defense Lawyer

Guide for Drivers Stopped for Drunk Driving / Driving
While Intoxicated (DWI) in Texas


1. Do not answer any questions other than name and address.

2. Do not agree to perform roadside tests.

3. Do not agree to have your eyes tested.

4. Do not agree to blow into a handheld breath tester.

5. Do not consent to a breath or blood test, if you are asked to take one.

6. Be polite. Produce requested documents.

As I mentioned before in evaluating a Texas Drunk Driving DWI Case and what the Deciding Factors are. In most Texas DWI cases, there are
3 pieces of evidence that are open to interpretation of the law.

Police Reports:


The police report is only the officer's interpretation.

Were you properly read your Miranda warnings?

Did the police officer stop you for a valid reason?

Were any statements made by you coerced, taken out of context, or misinterpreted?

Important:

The Intoxilyzer 5000 assumes that everyone has the same blood breath partition ratio, hematocrit ratio and assumes that all samples are at an air temperature of 93.2 F. Texas DWI (Driving While Intoxicated) Law does not utilize any methods which would allow for a retest of samples given. The computer software is proprietary and is not available to scientific peer review. There are many things which have been shown to affect a breath test score. These machines are generally not available for inspections by anyone outside of law enforcement. Texas does not allow for non-law enforcement or government personnel to become certified as breath test technical operators. Much of the Texas breath program remains limited to outsiders despite a generally assumed belief that these machines have undergone and passed wide general scientific review.

Field Sobriety Tests:

Police make arrests on the basis of probable cause. This is not the same thing as "beyond reasonable doubt." It is not a police officer's job to determine if someone is guilty. Many police offers choose to arrest on the basis of caution.

There is much technical training for a police officer in the field of Texas DWI Law. There is no law in Texas which states they must keep up their training on a yearly or any other type of basis with respect to standardized field sobriety training. Many police officers do not make any form of notes on the side of the road with respect to numerous details. Most police officers do not include mitigating or exculpatory information in their reports, mainly negative observations.

Where there distractions during the testing? Were you nervous or tired during the testing?

If there was a video taping of the event, does it accurately depict your true state of sobriety at the time, or was it unfairly effected by perhaps traffic, poor lighting, noise, or lack of sound.
Houston Texas DWI Defense Lawyer Guide for Drivers Stopped for Drunk Driving / Driving While Intoxicated (DWI) in Texas 1. Do not answer any questions other than name and address. 2. Do not agree to perform roadside tests. 3. Do not agree to have your eyes tested. 4. Do not agree to blow into a handheld breath tester. 5. Do not consent to a breath or blood test, if you are asked to take one. 6. Be polite. Produce requested documents. As I mentioned before in evaluating a Texas Drunk Driving DWI Case and what the Deciding Factors are. In most Texas DWI cases, there are 3 pieces of evidence that are open to interpretation of the law. ...

Q. What alternatives are there to jail or prison for someone who has a DUI DWI conviction?

Q. What alternatives are there to jail or prison for someone who has a DUI DWI conviction?

A. There are many. Consultation with a criminal defense attorney is invaluable to properly determine which is the best in a given case.

Alternatives to jail include alcohol and drug rehabilitation and sober living environments, electronic monitoring and house arrest, work release and work furlough, community service, roadside labor, graffiti removal, and many more. There are pros and cons to each, and a knowledgeable criminal defense lawyer can help you decide which is best.

Creating the winning sentencing alternative requires through investigation and preparation. It helps to work with a lawyer who will take the time to get to know you personally, and have your best interests at heart.

Q. What alternatives are there to jail or prison for someone who has a DUI DWI conviction? A. There are many. Consultation with a criminal defense attorney is invaluable to properly determine which is the best in a given case. Alternatives to jail include alcohol and drug rehabilitation and sober living environments , electronic monitoring and house arrest , work release and work furlough , community service, roadside labor, graffiti removal, and many more. There are pros and cons to each, and a knowledgeable criminal defense lawyer can help you decide which is best. Creati...

Q. What are some of the things that enhance the punishment in a DUI, DWI, or drunk driving case?

Q. What are some of the things that enhance the punishment in a DUI, DWI, or drunk driving case?

A. This too will vary from state to state, or county to county. In general, though, there are certain factors that can trigger additional punishment in a DUI or drunk driving case. These include some of the following:

  • A child being in the car while the driver is DUI / DWI.
  • Speeding above certain levels (20-30 mph over the limit) while driving under the influence of alcohol.
  • A blood alcohol concentration or breath alcohol test of .20% or greater while DUI / DWI.
  • Refusing to submit to a chemical test of blood, breath, or urine when suspected of DUI / DWI.
  • An accident, property damage, or injury arising out of a DUI / DWI case.
  • The person driving under the influence is under 21 at the time of the offense.
  • Prior convictions for DUI, DWI, OUI, OWI, or a related drunk driving offense.

In many states, if someone is injured by a DUI driver, even if a passenger in the drunk driver's car, the case is considered a felony DUI / DWI. Also, if there is a death related to a DUI / DWI case, the drunk driver can be charged with vehicular manslaughter or even murder.

Q. What are some of the things that enhance the punishment in a DUI, DWI, or drunk driving case? A. This too will vary from state to state, or county to county. In general, though, there are certain factors that can trigger additional punishment in a DUI or drunk driving case. These include some of the following: A child being in the car while the driver is DUI / DWI. Speeding above certain levels (20-30 mph over the limit) while driving under the influence of alcohol. A blood alcohol concentration or breath alcohol test of .20% or greater while DUI / DWI. Refusing to submit to a chemical test of blood, breath, or urine when suspected of DUI / DWI. An accident, property damage, or injury arising out of a DUI / DWI case. The p...

PUNISHMENT IN DUI / DWI CASES

Q. Just how serious is a DUI, DWI or drunk driving case? What possible punishment is there for drunk driving? Will a DUI or DWI conviction affect my professional license?

A. Punishment for a DUI, DWI or drunk driving will vary from state to state, or even county to county. If you are charged with DUI, DWI, or a related offense, please call one of our lawyers to discuss the potential punishment in your geographic area.

The potential consequences will depend upon whether or not it is the first offense, and whether various punishment enhancements may apply. Generally, for a first offense DUI or DWI, penalties will include a fine, possible jail time or community service, a driver's license restriction, and mandatory attendance at an alcohol and drug education program. For second offense or multiple offense drinking and driving convictions, some jail time will almost certainly be imposed, as well as a much longer alcohol and drug education program. Attendance at AA meetings, a required installation of an ignition interlock device, or impounding the offender's car are also possible punishments for a drunk driving conviction.

Q. Just how serious is a DUI, DWI or drunk driving case? What possible punishment is there for drunk driving? Will a DUI or DWI conviction affect my professional license? A. Punishment for a DUI, DWI or drunk driving will vary from state to state, or even county to county. If you are charged with DUI, DWI, or a related offense, please call one of our lawyers to discuss the potential punishment in your geographic area. The potential consequences will depend upon whether or not it is the first offense, and whether various punishment enhancements may apply. Generally, for a first offense DUI or DWI, penalties will include a fine, possible jail time or community service, a driver's license...

DUI Attorney Fees

DUI Attorney Fees

DUI Fees and Payment Policies: Suitable flat fees and hourly rates.

When we meet face to face, I'll also tell you about my DUI fees. I know that the cost of a lawyer is an expense that you weren't banking on. So I offer fees at a flat rate to help you with your budgeting. You might also pay me by the hour.

I accept cash or checks. But you might be interested to know that for your convenience, I'll also gladly accept payment by credit card for your DUI case.

The first phone consultation with me is free, so there is no risk on your part-and you will learn just what your rights and options are. When we are finished, if you're not persuaded that I will be able to protect you to your complete satisfaction in your DUI case, then you can simply decide not to hire me. I won't bother you again . . . and you'll owe me nothing.

Some people do try to defend themselves without consulting a DUI attorney, but this is usually risky because the penalties can be extreme. Good legal representation can drop these and other concerns

You can discover for yourself how I can help save your license and freedom from having a DUI by calling me at 623-931-6362.

DUI Attorney Fees DUI Fees and Payment Policies: Suitable flat fees and hourly rates. When we meet face to face, I'll also tell you about my DUI fees. I know that the cost of a lawyer is an expense that you weren't banking on. So I offer fees at a flat rate to help you with your budgeting. You might also pay me by the hour. I accept cash or checks. But you might be interested to know that for your convenience, I'll also gladly accept payment by credit card for your DUI case. The first phone consultation with me is free, so there is no risk on your part-and you will learn just what your rights and options are. When we are finished, if you're not persuaded that I will be able to protect you to your complete satisfaction in your D...

DUI Arizona Laws

Arizona DUI Laws

Arizona DUI Fines & Sentencing

When faced with an Arizona DUI arrest and/or conviction, there are several issues to think about: Will you have to serve jail time? If so, for how long? Or is probation a possibility? What will you owe in fines? Will your license be suspended, and for how long? Will you have to go to a DUI school or do community service? Here are the basic laws regarding Arizona DUI fines and sentencing.

First Arizona DUI Offense:

Criminal Status: Class 1 misdemeanor. Aggravated DUI elevates criminal status to a felony. An aggravated DUI is a DUI (impaired, per se or extreme) that is committed: (1) on a suspended, revoked or canceled license; (2) a third DUI offense in 5 years; or (3) while a person under 15 is in the vehicle.

Jail: DUI: 1-10 days. Extreme DUI: 10-30 days. Aggravated DUI: Terms in prison vary depending on violation.

Arizona DUI Fines/Costs: Minimum $250 (plus $500 for the prison construction fund and $500 for the state general fund).

-Extreme DUI: Least $250 (plus $250 DUI assessment, $1,000 for the prison construction fund, and another $1000 for the state general fund)
-Aggravated DUI: Minimum $750 (plus $250 DUI assessment and $1,500 for the prison construction fund and $1,500 for the state general fund).

Jail costs: An 80% surcharge on the base fine is levied on each DUI offense.

Arizona License Suspension: DUI: 90 days. Extreme DUI: 1 year. If aggravated DUI, license revoked for 3 years.

Arizona Probation: DUI: Up to 5 years (informal, may not be supervised). Aggravated DUI: 10 years.

Vehicle Impound: Yes, for extreme DUI and aggravated DUI.

NEW 2007 Arizona Law Information Below:

Arizona Misdemeanor DUI Minimum Criminal Punishment

2007 Arizona DUI Amendments, effective September 19, 2007

Misdemeanor DUI Sentencing Chart

Determination of Alcohol Concentration

Arizona DUI Laws Arizona DUI Fines & Sentencing When faced with an Arizona DUI arrest and/or conviction, there are several issues to think about: Will you have to serve jail time? If so, for how long? Or is probation a possibility? What will you owe in fines? Will your license be suspended, and for how long? Will you have to go to a DUI school or do community service? Here are the basic laws regarding Arizona DUI fines and sentencing. First Arizona DUI Offense: Criminal Status : Class 1 misdemeanor. Aggravated DUI elevates criminal status to a felony. An aggravated DUI is a DUI (impaired, per se or extreme) that is committed: (1) on a suspended, revoked or canceled license; (2) a third DUI offense in 5 years; or (3) while a person under 15 is in the vehicle. Jail: DUI : 1-10 days. Extreme DUI: 10-30 days. Aggravated DUI: Terms in prison vary depending on violation. Arizona DUI...

DWI: Treatment or Rehabilitation

DWI: Treatment or Rehabilitation

W. Michiels, T.T. Nguyen Thy

Traffic Medicine and Psychology Unit, Institute of Forensic Medicine, CMU Avenue de Champel 9, 1211 Geneve 4, Switzerland

ABSTRACT

Every year, we examine individually (psychological and medical exam) nearly 150 DWI repeat offenders (at least two convictions for driving with a BAC above 0.8o/oo) and 100 drivers under suspicion of drug addiction. Based on our experience, we can state these persons belong to two subgroups which differ from one another essentially in one criterion: the capacity or the incapacity to decide to consume (drug, medicine, alcohol) or not. If the incapacity is established, we have to aim at a deep modification of the way of life and it is illusory to hope any change by a short term action around the theme of driving: a medical, psychotherapeutic treatment or residential care is necessary. In this case, the person is not a driver who needs rehabilitation, he is someone who needs treatment of his addiction. If the driver is able to control in a certain measure his consumption, the problem might be tackled by the angle of rehabilitation and focused on the driving.

In this perspective, the detection of alcoholism in cases of drunken driving is a crucial problem because it allows orientation toward fundamentally different interventions. We have conducted a study on all drunken driving recorded by the police in Geneva during one year (about 950 cases). The measure of a biological marker of alcoholism (GGT) allowed us to characterize DWI committed by alcoholic drivers (BAC, age, sex, recidivisms, moment of the week or of the day,...). We can estimate more than a third of DWI were committed by alcoholic drivers and their profile can be defined.

INTRODUCTION

In the State of Geneva, Switzerland, there is no rehabilitation program for drivers found to be driving under the influence of alcohol or drugs. Available measures are: penal procedures leading to a fine or imprisonment, driving licence suspension through administrative procedures. In the latter case, if the driver is considered fit to drive, according to medico-psychological criteria, the duration of the suspension is calculated according to the severity of the offence and of past records: there are no conditions to restitution. If the driver is considered as unfit to drive, the duration of the suspension is not fixed: it is up to the person concerned to request restitution of his driving licence when he feels ready. This request will be once again examined with respect to medico-psychological criteria. The role of the expert in traffic medicine and psychology is to define criteria of inability and criteria of restitution (time and conditions). Legal bases exist to enforce rehabilitation programs on recidivist drivers, but these do not yet exist in Geneva.

EDUCATIONAL OR THERAPEUTIC ORIENTATION - ALCOHOL OR DRUG MODEL

In studying the literature, it is often difficult to understand if a rehabilitation program used in a country has an educational or a therapeutic goal. Nevertheless, a strict definition of the option seems crucial. Moreover, the problem of rehabilitation does not concern only alcohol drinkers. If we talk about driving under influence, or driving while intoxicated, we accept the idea that alcohol is not the only concern: drugs and medicine are also to be taken into account. We are not sure that alcohol consumption is the best model to build suitable actions that would be generalizable. And we are not sure that drug consumption has to be considered as a different phenomenon from alcohol consumption.

CONTROL OF CONSUMPTION: ABILITY OR INABILITY

The population concerned with rehabilitation is very heterogenous and the first step is to caracterize it. The object of the rehabilitative action is the relationship between consumption and driving. A concept which is obvious when we talk about consumption or about driving is the notion of control. Why not use it as classification axis ?

The control may apply first on consumption. If someone is unable to refrain from consuming when he decides, we have to believe that at one time or another he will drive under influence or with withdrawal symptoms. We consider therefore this kind of consumption is a case of inability to drive because of control loss which suggests toxicodependance. Any modification of the way of life must be accompanied by a profound modification from a psychological point of view.

The control may also apply to the decision to drive after having drunk. This is a typical case in social drinking. Desinhibition due to the effect of alcohol, cannabis or cocaine then affects the power of deciding his behaviour. If there is no dependancy, adjustment of behaviours may avoid risky situation.

The other cases of driving under influence without loss of control should be classified into lack of knowledge inducing wrong attitudes or into attitudes of denial.

We think that the split between ability and inability, and by extention between different rehabilitation strategies, is to be based on keeping or losing the control of consumption. If the control is kept, modification of behaviour and attitudes may be reached by an educational approach. If the control is lost, an effective action calls for a therapeutic approach.

In all cases, the problem arises for drugs and medicines as well as for alcohol. In all cases, driving hould be forbidden. In all cases too, the question of rehabilitation in traffic will be raised at one time or another.

EDUCATIONAL APPROACH

The modification of attitudes or the completion of knowledges belong to an educational approach. If someone keeps control on his behaviour, he is able to apply these modified attitudes and knowledges. But an accurate definition of the goal of the program is crucial. It is not enough to say that the goal of the program is to reduce recidivism: this is just an intention. The elaboration of a goal must include description of behaviours to be induced, conditions in whitch these behaviours must appear, and criteria of judgement allowing to consider the program as completed.

The main object of the program would be the relationship between the effects of the products and driving safety. Should we imagine the same program to deal with driving under influence of alcohol, cannabis, medicine such as benzodiazepine, or even cocaine? Why not since these products are often taken in association and the same attitudes in relation to traffic safety are developed.

THERAPEUTIC APPROACH

Helping someone to recover the control of his consumption must be a therapeutic process where duration is an unavoidable component. But inability is not definitive and not exceptional.

Inability is not definitive because whatever the severity of addiction, recovery is possible, even if the term of recovery has a special meaning and may be disputed (Alcoholic Anonymous or Narcotic Anonymous, for instance, do not accept the term of recovery). The way to prove it must be open to everyone. And everyone must receive informations on the orientation which allows him to evolve. From an ethical, moral and also legal point of view, we cannot consider inability as definitive, therefore methods of rehabilitation should be planned.

Inability is not exceptional and does not concern only a tiny minority of the DWI population.

In case of driving while under the influence of a drug such as heroin, it is frequent that there is a toxicodependence and consequently an inability. With respect to alcohol, inability because loss of control of consumption in case of drunken driving is not a marginal phenemenon. We can illustrate this thesis.

We have conducted a study on all the cases of drunken driving recorded by the police in the State of Geneva during one year. We will not give all the details but only some results because this study will be published in the Journal of Preventive Medicine. The State of Geneva is essentially a residential area. Population is 390,000. Each year near 1000 drunken driving cases (BAC above 0.8o/oo) are recorded. In blood samples taken at the time of the offence, we measured GGT (gamma glutamyl transferase) the most widely used marker of alcoholism. In 31% of the cases, pathological values were recorded and are a strong index of usual alcohol abuse. Among these drivers, average BAC is 2.19o/oo whereas it is 1.77o/oo for the others. For BAC above 2.5o/oo (in 20% of the cases), the proportion of drivers presenting abnormal values of the marker is above 50%, reaching even 100% when BAC is 3.4o/oo. We also noted that among the recidivist drivers (22% of the total) 46% have abnormal values of GGT. To reinforce the idea that the drivers with abnormal marker values have lost control of their consumption, we noted that they were arrested especially in the middle of the day (from 9 a.m. to 9 p.m.) and in the middle of the week and not only, like social drinkers, during the night and during the week-end.

With regard to people referred to our institute for expert assessment in traffic medicine and psychology, we examine each year about 100 drivers convicted of drug consumption and 150 recidivist drunken drivers. The drivers convicted of drug consumption are or were, in 90% of cases, heroin addicts. The others were found to have a social and controlled consumption of cannabis, cocaine or ecstasy. Among recidivist drunken drivers, 37% have pathological values of GGT but 60% have or have had alcoholic habits to such an extent that we can talk loss of control of consumption. Among these, alcohol use is reactional (dramatic events, depressive episode,...) in one quarter of the cases. The other 40% are social drinkers who, even when they have some alcoholic habits, have not lost their self-control.

Supported by this data and with reference to the literature, we estimate that approximatively, one third of drunken drivers (with a BAC above 0.8o/oo) and one half of the recidivist drunken drivers are unfit drivers because an uncontrollable alcohol consumption. These people, like drug addicts, can be regrouped under the term of substance dependance and, as such, must be directed to a therapeutic type of action.

The aim of traffic medicine and psychology is essentially to diagnose unability, to guide people to a therapeutic solution, and to evaluate treatment progress. However the therapeutic process itself is beyond their competence. This process is handled by specialists in alcohology, in drug dependence, in psychotherapy, or even in general medicine: in fact it is the concern of specialists in private or institutional therapy. The physician, the psychologist, the therapeutic institution, must be free to treat the patient according to their therapeutic options with a minimum of external pressure. The unfit driver has to give up his status as a driver to become a patient. Only after an evolutionary process in treatment will he recover his status of driver to be evaluated as such. The traffic physician or traffic psychologist has to elaborate ability and inability criteria and communicate these criteria to the driver he examines and to the therapists who cure him. He has, afterwards to examine the evolution by studying the new equation driver-consumer without prejudice on the therapeutic tools. The strict separation between the roles of the evaluator and the therapist seems to us crucial.

We are confronted with people who may have good knowledges and correct attitudes with regard to traffic safety but who cannot apply them. Education is not the right approach since it is the way of life that must be changed. A therapeutic approach will not have strong effects if it is programmed, standardized and forced. Nevertheless it is true that for some, treatment will be followed only with a more or less admitted target to recover the right of driving. In this case, even without compulsory treatment, external motivation is more important than the internal necessity of a radical modification of the way of life. Duration plays then a decisive role since the new way of life must become a network stong enough to remain, and must bring about advantages obvious enough to compensate the tendancy to return to the previous way of life.

In conclusion, we think that there is only one way of rehabilitation for unfit drivers who have lost control of their alcohol or drug consumption: a medical, psychological or institutional treatment, or at least a framework of this kind. It must be free from the pressure created by compulsory programs oriented towards driving ability. Moreover, it must last long enough to allow a reconstruction of a new pattern of life.

DWI: Treatment or Rehabilitation W. Michiels, T.T. Nguyen Thy Traffic Medicine and Psychology Unit, Institute of Forensic Medicine, CMU Avenue de Champel 9, 1211 Geneve 4, Switzerland ABSTRACT Every year, we examine individually (psychological and medical exam) nearly 150 DWI repeat offenders (at least two convictions for driving with a BAC above 0.8o/oo) and 100 drivers under suspicion of drug addiction. Based on our experience, we can state these persons belong to two subgroups which differ from one another essentially in one criterion: the capacity or the incapacity to decide to consume (drug, medicine, alcohol) or not. If the incapacity is established, we have to aim at a deep modification of the way of life and it is illusory to hope any change by a short term action around the theme of driving: a medical, psychotherapeutic treatment or residential care is necessary. In this case, the person is not a driver who needs rehabilitation, he is someone who needs treatment of h...

Defenses to Drunk Driving

Defenses to Drunk Driving

A person charged with drunk driving usually attacks the arresting officer's observations or opinions as part of his or her defense strategy. A defendant may also attack witnesses that tested the defendant's BAC, or the defendant may call on someone who can testify that the defendant was sober.

In addition to these strategies, a defendant could rely on one of several defenses. These defenses include the following:

    (1) Necessity, which applies when a person must drive to prevent a greater evil;
    (2) Duress, which applies when the defendant drives in order to avoid serious injury or death;
    (3) Entrapment, which applies when an officer requests that a person drive drunk;
    (4) Mistake of fact, which applies when a person has an honest belief that his or her BAC is below the legal limit;
    (5) Involuntary intoxication, which applies when the person has ingested alcohol without his or her knowledge

Individual states take different positions with respect to the availability of these defenses. In general, however, these defenses rely on specific sets of facts and are each very difficult to prove successfully.

Defenses to Drunk Driving A person charged with drunk driving usually attacks the arresting officer's observations or opinions as part of his or her defense strategy. A defendant may also attack witnesses that tested the defendant's BAC, or the defendant may call on someone who can testify that the defendant was sober. In addition to these strategies, a defendant could rely on one of several defenses. These defenses include the following: (1) Necessity, which applies when a person must drive to prevent a greater evil; (2) Duress, which applies when the defendant drives in order to avoid serious injury or death; (3) Entrapment, which applies when an officer requests that a person drive drunk; (4) Mistake of fact, which applies when a person has an honest belief that his or her BAC is below the legal limit; (5) Involuntary intoxication, which applies when the person has ingested alcohol without his or her knowledge Individual states take different positions with respect to the...

Felony Drunk Driving

Felony Drunk Driving

Most states have expanded their drunk driving statutes to provide for harsher punishment when drunk driving has resulted in injury to another. Where a person causes injury to another while driving drunk, the person may be charged with a felony, punishable by a term in state prison. In an even more severe expansion of criminal laws, some states now incorporate their murder or manslaughter statutes with their DUI laws where drunk driving results in the death of another. Moreover, in some states, a person may be charged with assault with a deadly weapon for driving a car while intoxicated. In such an instance, the deadly weapon is the car.

All states treat first DUI offenses as misdemeanors. However, in the majority of states, a person's third offense (or third "strike") is treated as a felony.

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Felony Drunk Driving Most states have expanded their drunk driving statutes to provide for harsher punishment when drunk driving has resulted in injury to another. Where a person causes injury to another while driving drunk, the person may be charged with a felony, punishable by a term in state prison. In an even more severe expansion of criminal laws, some states now incorporate their murder or manslaughter statutes with their DUI laws where drunk driving results in the death of another. Moreover, in some states, a person may be charged with assault with a deadly weapon for driving a car while intoxicated. In such an instance, the deadly weapon is the car. All states treat first DUI offenses as misdemeanors. However, in the majority of states, a person's third offense (or third "strike") is treated as a felony.

Field Sobriety Tests and Sobriety Checkpoints

Field Sobriety Tests and Sobriety Checkpoints

Researchers have developed a variety of tests that are designed to determine whether a person is likely to be intoxicated. A police officer performs these tests on suspects after the officer has stopped a person on suspicion of drunk driving. These tests allow an officer to observe a suspect's balance, physical ability, attention level, or other factors that the officer may use to determine whether the suspect is impaired. Officers often record a suspect's performance of these tests, and this practice generally has been upheld on appeal.

In several states, authorities have set up checkpoints where officers can question drivers in an effort to catch drunk drivers. These checkpoints are often set up during holidays when people are more likely to drink, such as New Year's Eve. Courts in the majority of states have upheld these checkpoints against challenges that these checkpoints are unconstitutional.

Field Sobriety Tests and Sobriety Checkpoints Researchers have developed a variety of tests that are designed to determine whether a person is likely to be intoxicated. A police officer performs these tests on suspects after the officer has stopped a person on suspicion of drunk driving. These tests allow an officer to observe a suspect's balance, physical ability, attention level, or other factors that the officer may use to determine whether the suspect is impaired. Officers often record a suspect's performance of these tests, and this practice generally has been upheld on appeal. In several states, authorities have set up checkpoints where officers can question drivers in an effort to catch drunk drivers. These checkpoints are often set up during holidays when people are more likely to drink, such as New Year's Eve. Courts in the majority of states have upheld these checkpoints against challenges that these checkpoints are unconstitutional.

Drunk Driving Sentencing

Drunk Driving Sentencing

A person who is convicted of drunk driving most likely faces some or all of the following in terms of punishment: a fine; time in jail; suspension, restriction, or revocation of the defendant's driver's license; probation; enrollment and completion of a course in drunk driving or alcoholism. In addition to these, states have also developed other penalties or requirements that drunk drivers must fulfill.

One requirement that has become more common throughout the nation involves the use of an ignition-interlock device. Such a device captures a driver's breath and analyzes the BAC of the driver. The device only allows the driver to start the vehicle when the breath analyzer reads below a certain level, such as .02 percent.

Another form of punishment is the impoundment of a drunk driver's vehicle for a certain period of time. A more serious form of this punishment is the forfeiture of a vehicle, meaning that a court can order the sale of a person's car after the person has had multiple convictions for drunk driving.

States have also modified their statutes to provide for enhanced sentences under some circumstances. These sentence enhancements may apply when one of the following events occur:

    (1) The defendant's BAC is very high, such as above .20 percent.
    (2) The defendant refuses to submit to chemical testing.
    (3) The defendant greatly exceeds the speed limit or drives recklessly while drunk.
    (4) A child under the age of 14 is in the car when the defendant is driving drunk.
    (5) Drunk driving is accompanied with an accident or injury to another person.
Drunk Driving Sentencing A person who is convicted of drunk driving most likely faces some or all of the following in terms of punishment: a fine; time in jail; suspension, restriction, or revocation of the defendant's driver's license; probation; enrollment and completion of a course in drunk driving or alcoholism. In addition to these, states have also developed other penalties or requirements that drunk drivers must fulfill. One requirement that has become more common throughout the nation involves the use of an ignition-interlock device. Such a device captures a driver's breath and analyzes the BAC of the driver. The device only allows the driver to start the vehicle when the breath analyzer reads below a certain level, such as .02 percent. Another form of punishment is the impoundment of a drunk driver's vehicle for a certain period of time. A more serious form of this punishment is the forfeiture of a vehicle, meaning that a court can order the sale of a pers...

Drunk Driving: Elements of the Offense

Drunk Driving: Elements of the Offense

Most state laws define crimes of drunk driving as follows: driving a motor vehicle on a road or highway while under the influence of alcohol. Newer statutes also provide for a per se offense, which a person commits when driving a motor vehicle on a road or highway with a blood-alcohol concentration of .08 percent.

Several state statutes require that a defendant was driving a vehicle in order to be convicted of a drunk driving offense. Other states use the terms operating a vehicle or being in physical control of the vehicle. These terms are not normally synonymous, and so it is important to determine how an individual state defines the term in the statute.

A number of issues may arise that relate to the "driving" element of a drunk driving offense. For instance, a person may be in a car but has not turned on the ignition. The question in some cases is whether the person was driving or operating a vehicle or whether the person was using the vehicle as a temporary shelter. Courts in various jurisdictions have identified several factors that may be used to determine whether someone has been driving a vehicle. Some of these include the following:

Field evidence may fall into one of five categories, including the following:

  • Testimony regarding the defendant's unusual driving
  • Testimony regarding the defendant's conduct or physical appearance
  • Incriminating statements made by the defendant
  • Testimony regarding the defendant's performance during a field sobriety test
  • Tapes, film, and/or photographs taken at the scene where the defendant was driving and/or arrested

Police officers will often look at the defendant's physical appearance and symptoms of drunk driving in order to determine whether the defendant is intoxicated. The following are some of the more common symptoms of intoxication:

  • The defendant's clothes are disheveled
  • The defendant has not shaved or combed his or her hair
  • The defendant's eyes appear to be red, glassy, or bloodshot
  • The defendant's face appears to be flushed
  • The defendant's breath smells like alcohol
  • The defendant's speech is thick and slurred

The defendant's BAC level will be determined through one of three methods. The most common of these methods involves an analysis of the defendant's breath. Other tests analyze the blood or urine of the defendant. Refinements in the methods by which a defendant's BAC is determined have strengthened the ability of prosecutors to prove this BAC. However, these tests are not above reproach, and skilled defense attorneys can often successfully attack the methods by which the defendant's BAC was analyzed.

Drunk Driving: Elements of the Offense Most state laws define crimes of drunk driving as follows: driving a motor vehicle on a road or highway while under the influence of alcohol. Newer statutes also provide for a per se offense, which a person commits when driving a motor vehicle on a road or highway with a blood-alcohol concentration of .08 percent. Several state statutes require that a defendant was driving a vehicle in order to be convicted of a drunk driving offense. Other states use the terms operating a vehicle or being in physical control of the vehicle. These terms are not normally synonymous, and so it is important to determine how an individual state defines the term in the statute. A number of issues may arise that relate to the "driving" element of a drunk driving offense. For instance, a person may be in a car but has not turned on the ignition. The question in some cases is whether the person was driving or operating a vehicle or whether the person was using ...

Drunk Driving FAQ1

Drunk Driving FAQ

Do I have to take a blood, breath, or urine test if asked to do so by the police?

You may refuse to take a chemical test (blood, breath, or urine), but almost every state has a so-called "implied consent" law, and, under such laws, a refusal can result in suspension of your driver's license from anywhere between three to 12 months. (This is true even if you're eventually found not guilty of the current drunk driving charge.) Further, if your drunk driving case goes to trial, the prosecutor can tell the jury that you wouldn't take the test, which may lead the jury members to conclude that you refused because you were, in fact, drunk or stoned.

If I'm stopping for driving under the influence, am I entitled to talk to an attorney before I decide which chemical test to take?

The answer depends on where you live. In California, for example, you don't have the right to speak with an attorney first. But some states, including Arizona, allow you to talk to your lawyer before you take a chemical test.

If I'm stopped for driving under the influence, can a police officer ask me questions without reading me my rights?

Sometimes. The answer depends on whether or not you are in police custody -- that is, whether you are subject to the restraints common to a formal arrest. For example, the U.S. Supreme Court has ruled that the police do not have to provide Miranda warnings during roadside questioning of a motorist detained pursuant to a traffic stop. Thus, roadside questioning about your drinking, drug-taking, or performance on field sobriety tests does not constitute "custodial interrogation." However, once you are arrested -- or restrained by the police in a manner consistent with arrest -- you must be read your Miranda rights.

I've been charged with drunk driving. Should I get a lawyer?

Defending against a charge of drunk driving is a tricky business. Defenders need to understand scientific and medical concepts, and must be able to question tough witnesses, including scientists and police officers. If you want to fight your drunk driving charge, you're well advised to hire an attorney who specializes in these types of cases.

On the other hand, these days it's hard to "win" a drunk driving case, assuming the police gathered some physical evidence against you (results of a breathalyzer, blood test, or urine test). And the punishments for DUI are pretty standard. If you were truly guilty, it's unlikely that a lawyer could get you any better of a deal or plea bargain than you can get for yourself.

I was pulled over at a roadblock and asked to wait and answer a police officer's questions. Is this legal?

Yes, as long as the police use a neutral policy when stopping cars (such as stopping all cars or stopping every third car) and they minimize any inconvenience to you and the other drivers. The police can't single out your car at a roadblock unless they have good reason to believe that you've broken the law.

Drunk Driving FAQ Do I have to take a blood, breath, or urine test if asked to do so by the police? You may refuse to take a chemical test (blood, breath, or urine), but almost every state has a so-called "implied consent" law, and, under such laws, a refusal can result in suspension of your driver's license from anywhere between three to 12 months. (This is true even if you're eventually found not guilty of the current drunk driving charge.) Further, if your drunk driving case goes to trial, the prosecutor can tell the jury that you wouldn't take the test, which may lead the jury members to conclude that you refused because you were, in fact, drunk or stoned. If I'm stopping for driving under the influence, am I entitled to talk to an attorney before I decide which chemical test to take? The answer depends on where you live. In California, for example, you don't have the right to speak with an attorney first. But some states, including Arizona, allow yo...

Drunk Driving FAQ

Drunk Driving FAQ

Answers to your questions on legal limits, chemical tests and hiring a lawyer in the event you're charged with driving under the influence.

How drunk or high does someone have to be before he can be convicted of driving under the influence?

In most states, it's illegal to drive a car while "impaired" by the effects of alcohol or drugs (including prescription drugs). This means that there must be enough alcohol or drugs in the driver's body to prevent him from thinking clearly or driving safely. Many people reach this level well before they'd be considered "drunk" or "stoned." States vary as to the blood alcohol content (BAC) level that constitutes a DUI (driving under the influence) or DWI (driving while intoxicated).

How can the police find out whether a driver is under the influence?

Police typically use three methods of determining whether a driver has had too much to be driving:

  • Observation. A police officer will pull you over if he notices that you are driving erratically -- swerving, speeding, failing to stop or even driving too slowly. Of course, you may have a good explanation for your driving (tiredness, for example), but an officer is unlikely to buy your story if he smells alcohol on your breath or notices slurred words or unsteady movements.
  • Sobriety tests. If an officer suspects that you are under the influence, he will probably ask you to get out of the car and perform a series of balance and speech tests, such as standing on one leg, walking a straight line heel-to-toe or reciting a line of letters or numbers. The officer will look closely at your eyes, checking for pupil enlargement or constriction, which can be evidence of intoxication. If you fail these tests, the officer may arrest you or ask you to take a chemical test.
  • Blood-alcohol level. The amount of alcohol in your body is understood by measuring the amount of alcohol in your blood. This measurement can be taken directly, by drawing a sample of your blood, or it can be calculated by applying a mathematical formula to the amount of alcohol in your breath or urine. Some states give you a choice of whether to take a breath, blood, or urine test -- others do not. If you test at or above the level of intoxication for your state (.08 to .10 % blood-alcohol concentration, depending on the state), you are presumed to be driving under the influence unless you can convince a judge or jury that your judgment was not impaired and you were not driving dangerously. Defense attorneys often question the validity of the conversion formula when driver's alcohol levels are based on breath or urine tests.
Drunk Driving FAQ Answers to your questions on legal limits, chemical tests and hiring a lawyer in the event you're charged with driving under the influence. How drunk or high does someone have to be before he can be convicted of driving under the influence? In most states, it's illegal to drive a car while "impaired" by the effects of alcohol or drugs (including prescription drugs). This means that there must be enough alcohol or drugs in the driver's body to prevent him from thinking clearly or driving safely. Many people reach this level well before they'd be considered "drunk" or "stoned." States vary as to the blood alcohol content (BAC) level that constitutes a DUI (driving under the influence) or DWI (driving while intoxicated). How can the police find out whether a driver is under the influence? Police typically use three methods of determining whether a driver has had too much to be driving: Observation. A police officer will pul...

DUI - The Basics

DUI - The Basics

In every state, it is a crime for a driver to operate a vehicle while impaired by the effects of alcohol or drugs. The specific offense may be called driving under the influence (DUI), driving while intoxicated (DWI), operating under the influence (OUI), and even operating a motor vehicle intoxicated (OMVI). Whatever the specific title, DUI laws make it unlawful for a person to operate a car, truck, motorcycle, or commercial vehicle if:

  • The driver's ability to safely operate the vehicle is impaired by the effects of alcohol, illegal drugs, prescribed medications such as painkillers, or even over-the-counter medications such as antihistamines; or
  • The driver is intoxicated at a level above established DUI standards, such as blood-alcohol concentration (BAC).

Field Sobriety and Chemical Tests

When a law enforcement officer makes a vehicle stop and suspects that the driver may be intoxicated, the officer will conduct a "field sobriety" test on the driver, and may ask for his or her consent to some form of chemical test for intoxication.

Field sobriety tests usually involve a police officer asking a driver to perform a number of tasks that assess any impairment of the person's physical or cognitive ability. Examples of field sobriety tests include having the driver walk a straight line, heel to toe; having he or she recite the alphabet backwards; and the officer's use of the "horizontal gaze nystagmus" (eye and penlight) test.

Chemical tests can be conducted during the vehicle stop, using a Breathalyzer that measures a driver's blood-alcohol concentration (BAC), or at a hospital, where urine and blood tests can be performed. Many states allow a driver suspected of DUI to choose which type of chemical test is administered.

Refusing a Chemical Test: "Implied Consent" Laws

All states have "implied consent" laws that require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of DUI. The logic behind such laws is that, by assuming the privilege of driving a vehicle on state roads and highways, drivers have effectively given their consent to DUI testing when a police officer reasonably believes the driver is under the influence of alcohol or drugs. If a driver refuses to submit to such testing, implied consent laws carry penalties such as mandatory suspension of a driver's license, usually for six months to a year. Often, license sanctions for test refusal are more harsh than those imposed after DUI test failure. In most states a driver's refusal to submit to a chemical test may be used to enhance the penalties imposed if he or she is eventually convicted for DUI.

For a state-by-state listing of laws associated with DUI, go here.

DUI - The Basics In every state, it is a crime for a driver to operate a vehicle while impaired by the effects of alcohol or drugs. The specific offense may be called driving under the influence (DUI), driving while intoxicated (DWI), operating under the influence (OUI), and even operating a motor vehicle intoxicated (OMVI). Whatever the specific title, DUI laws make it unlawful for a person to operate a car, truck, motorcycle, or commercial vehicle if: The driver's ability to safely operate the vehicle is impaired by the effects of alcohol, illegal drugs, prescribed medications such as painkillers, or even over-the-counter medications such as antihistamines; or The driver is intoxicated at a level above established DUI standards, such as blood-alcohol concentration (BAC). Field Sobriety and Chemical Tests When a law enforcement officer makes a vehicle stop and suspects that the driver may be intoxicated, the officer will conduct a "field sobriety" test on the driver, ...

What are the DWI penalties?

What are the DWI penalties?

The penalties for DWI intensify depending on the number of prior DWI convictions.

  • For your first DWI offense, which is a Class B Misdemeanor, you may receive a fine up to $2000 and/or jail time for 3 to 180 days, and a driver's license suspension for 90 to 365 days.
  • For a second offense, which is a Class A Misdemeanor, you may receive a fine up to $4000 and/or jail time for 30 days to one year, and a driver's license suspension for 180 days to two years.
  • For a third offense, which is a 3rd Degree Felony, you may receive a fine up to $10,000 and/or jail time for two to ten years, and a driver's license suspension for 180 days to two years.

Driver's License FAQ's

How do I prevent the suspension of my driver's license if I refused or failed a breathalyzer, urine test, or blood test?

The two ways to prevent a driver's license suspension in Texas are:

  1. request and win an Administrative License Revocation (ALR) hearing; or
  2. receive a not guilty verdict in your DWI trial.

Texas law allows you to request an ALR hearing within 15 days of receiving a written license suspension. In most cases, an officer will serve this written notice upon your refusal or failure of a breathalyzer, urine test, or blood test. If the officer fails to serve you a written notice, the Department of Public Safety (DPS) will notify you of your driver's license suspension via certified mail. If you fail to request an ALR hearing, your license suspension begins on the 40th day after receiving the notice.

How long can my driver's license be suspended if I refuse a breathalyzer, urine test, or blood test?

If you refuse testing, the DPS suspends your driver's license for 90 days unless you request and win an ALR hearing, or you are found not guilty at trial.

How long can my driver's license be suspended if I fail a breathalyzer, urine test, or blood test?

If you fail a breathalyzer, urine test, or blood test, the DPS suspends your driver's license for 180 days unless you request and win an ALR hearing, or you are found not guilty at trial.

Is there any way I can drive legally while my driver's license is suspended?

Yes, you can obtain an occupational driver's license by petitioning the court, unless you have a commercial driver's license or have obtained an occupational driver's license in the last ten years.

What are the consequences of being caught driving with a suspended driver's license?

You can be charged with a Driving While License Suspended (DWLS), a Class B Misdemeanor. The penalties of this charge range from a fine not to exceed $500 to jail time for three to 180 days.

What are the DWI penalties? The penalties for DWI intensify depending on the number of prior DWI convictions. For your first DWI offense, which is a Class B Misdemeanor, you may receive a fine up to $2000 and/or jail time for 3 to 180 days, and a driver's license suspension for 90 to 365 days. For a second offense, which is a Class A Misdemeanor, you may receive a fine up to $4000 and/or jail time for 30 days to one year, and a driver's license suspension for 180 days to two years. For a third offense, which is a 3rd Degree Felony, you may receive a fine up to $10,000 and/or jail time for two to ten years, and a driver's license suspension for 180 days to two years. ...

What is DWI?

What is DWI?

Driving while Intoxicated (DWI), as defined by the Texas Legislature, is the criminal offense of driving a motor vehicle in a public place while intoxicated.

Will I have to go to jail?

If this is your first DWI charge or we able to convince the State to dismiss your case or get a not guilty judgment after a trial by judge or jury, you will not go to jail. Even if you are convicted, you can usually get probation, unless you choose to serve jail time instead of attempting to comply with the terms of a lengthy DWI probation. But your chances of jail time increase, if you have prior DWI convictions.

How is intoxication verified?

A police officer verifies intoxication with the use of a breathalyzer, urine test, blood test, and a field sobriety test.

What constitutes intoxication?

The Texas Legislature defines intoxication in two ways:

  1. not having the normal use of your mental or physical faculties by reason of the introduction of alcohol or drugs (legal or illegal) into your body; or
  2. having an alcohol concentration of 0.08 or more.
The prosecutor must prove only one of these definitions to obtain a guilty ruling in a DWI trial.

What do BAC and 0.08 mean?

BAC stands for Blood Alcohol Concentration, and it is the percentage of alcohol present in 100 milligrams of blood, 210 liters of breath, or 67 milliliters of urine. You are considered legally intoxicated if your alcohol concentration equals 0.08 or more.

How is 0.08 determined?

A breathalyzer, urine test, or blood test determines alcohol concentration.

How many drinks can I have before my BAC is 0.06?

The number of drinks and BAC depends on numerous factors, such as your:

  • gender
  • age
  • weight
  • height

Can I refuse a breathalyzer, urine test, or blood test? If so, should I?

Yes, you can refuse to submit to a breathalyzer, urine test, or blood test. However, by refusing these tests you violate the implied consent law, which states that by driving a motor vehicle on a Texas roadway you already consented to chemical testing. Therefore, your driver's license may be suspended and charges may be assessed against you. Also, your refusal can be used as evidence against you at trial.

Can a police officer force me to take a breathalyzer, urine test, or blood test?

A police officer can only force you to take a breathalyzer, urine test, or blood test if the four following requirements are met:

  1. there is a DWI arrest and an accident;
  2. the officer has a reasonable belief that any individual has died or will die as a result of the accident;
  3. an individual, other than the person arrested, has suffered serious bodily injury; and
  4. the individual arrested for DWI refused to give a specimen voluntarily

Can I refuse a field sobriety test? If so, should I?

Yes, you can and should always refuse to take a field sobriety test. Field sobriety tests are proven inaccurate at determining if alcohol concentration exceeds 0.08, even under ideal laboratory conditions. There are no penalties for declining these tests, but the officer may still arrest for DWI if he believes he has probable cause. Moreover, the police officer may consider your refusal as an admission of guilt.

What is DWI? Driving while Intoxicated (DWI), as defined by the Texas Legislature, is the criminal offense of driving a motor vehicle in a public place while intoxicated. Will I have to go to jail? If this is your first DWI charge or we able to convince the State to dismiss your case or get a not guilty judgment after a trial by judge or jury, you will not go to jail. Even if you are convicted, you can usually get probation, unless you choose to serve jail time instead of attempting to comply with the terms of a lengthy DWI probation. But your chances ...

DWI Conviction Penalties in Texas

DWI Conviction Penalties in Texas


Penalty Overview

As your DWI defense attorney based in Houston, I work to have your DWI charge dismissed or you found not guilty. If penalties, such as a fine or jail time, are incurred, we will work together to reduce them. In many cases jail sentences are suspended, and you can receive probation. I use my knowledge and expertise to attain minimal probation restrictions and conditions.

Conviction Offense Maximum Fine Jail License Suspension
1st DWI Class B Misdemeanor $2,000 3 to 180 days 90 to 365 days
2nd DWI Class B Misdemeanor $4,000 30 to 365 days 180 days to
2 years
3rd DWI 3rd Degree Felony $10,000 2 to 10 years in State Penitentiary 180 days to
2 years
Intoxication Assault 3rd Degree Felony $10,000 2 to 10 years in State Penitentiary 180 days to
2 years
Intoxication Manslaughter 2nd Degree Felony $10,000 2 to 20 years in State Penitentiary 180 days to
2 years


DWI and Probation

What is Probation?

A DWI conviction, whether it is your first or fifth, always includes a jail sentence. But, the judge often suspends part or all of the jail time and places you on probation. The judge looks at several factors, including the number of prior DWI convictions you have, when deciding whether or not to place you on probation and the length and conditions of your probation.

First DWI Conviction

In most cases, if you have no prior DWI convictions, the judge will suspend your entire jail sentence and place you on probation for one year. Sometimes, under certain circumstances, the judge may opt for a six or 18 month probation period. The most common probation conditions the judge sets forth for a first DWI conviction are:

Do:

  • Report to your probation officer, usually on a monthly basis.
  • Pay your fine, court costs, and monthly probation fees.
  • Your community service, usually 24 to 80 hours.
  • Attend DWI Education classes.
  • Attend a Victim Impact Panel, which is presented by Mothers Against Drunk Driving and is designed to educate on the dangers of DWI.
  • Get a drug and alcohol evaluation. If the evaluation reveals you have a problem with drugs or alcohol, the judge will order treatment.
  • Maintain a job and support all of your dependants.

Don't:

  • Enter bars, taverns, or lounges.
  • Become intoxicated.
  • Violate the law.
  • Drink alcohol or take any non-prescription drugs, except over-the-counter medication.

Second DWI Conviction

For a second DWI conviction, Texas law requires you serve at least part of your jail sentence. But, the judge can still suspend the remaining part of the sentence and place you on probation. Just as the terms of a license suspension intensify, so do probation conditions. If the judge chooses to allow probation, the following conditions are added:

  • Mandatory community service increases to 80 to 200 hours.
  • Your vehicle will be fitted with an Ignition Interlock Device, which won't allow you to start your car unless you blow into it and no alcohol is detected. If alcohol is detected, it notifies your probation officer automatically.

Third DWI Conviction

Because a third DWI conviction is a felony, the judge evaluates many factors to determine if you can receive probation. These factors include, but aren't limited to:

  • Amount of time since your last DWI conviction;
  • How well you followed previous probation conditions;
  • Whether or not there was an accident at the time of arrest;
  • Whether or not you submitted to chemical testing;
  • Your BAC at the time of arrest.

If the judge decides to place you on probation instead of having you serve all of your jail sentence, the following conditions, in addition to the conditions for a first and second DWI, are required:

  • Mandatory community service rises to 160 to 600 hours.
  • Serve a minimum of 10 days jail time.
  • Partake in various types of in-patient and/or out-patient alcohol programs.

Intoxication Assault

An Intoxication Assault conviction is possible if the prosecutor can prove that Driving While Intoxicated resulted in an accident which caused serious bodily injury to another person. If convicted of Intoxication Assault, it is possible to still receive probation, but your eligibility depends on the severity of the resulting injuries and your prior criminal record.

In addition to the conditions for a first DWI, the probation conditions of Intoxication Assault include:

  • Mandatory community service rises to 160 to 600 hours.
  • Serve a minimum of 30 days in a state penitentiary.
  • Partake in various types of in-patient and/or out-patient alcohol programs.

Intoxication Manslaughter

If the prosecutor proves that Driving While Intoxicated caused an accident in which someone died, an Intoxication Manslaughter conviction is possible. Although it is possible to receive probation for Intoxication Manslaughter, it is highly unlikely because you must agree to a trial by jury.

If you obtain probation for Intoxication Manslaughter, the following conditions, in addition to the conditions for a 3rd DWI, apply:

  • Mandatory community service increases to 240 to 800 hours.
  • Serve a minimum of 120 days in a state penitentiary.
  • Partake in various types of in-patient and/or out-patient alcohol programs.

Other Alcohol/DWI Charges in Texas

DWI with a Child Passenger

In Texas, Driving While Intoxicated with a passenger under the age of 15 is a state felony. The penalties of a DWI with a Child Passenger conviction are the same as a third time DWI convictions, and include:

  • Between 180 days and 2 years in a state penitentiary
  • Up to a $10,000 fine

Intoxication Assault

If an accident occurs and the prosecutor can prove that your Driving While Intoxicated caused serious bodily injury to another person, you can be charged with Intoxication Assault.

According to the Texas Legislature, serious bodily injury is an injury that creates a substantial risk of death, causes permanent disfigurement, or impairs or dismembers any body part.

Penalties of DWI with Assault are:

  • Up to $10,000 fine
  • 2 to 10 years in the state penitentiary
  • Drivers license suspension from 180 days to one year
Intoxication Manslaughter

If an accident occurs and the prosecutor can prove that Driving While Intoxicated directly caused the death of another person, you can be charged with Intoxication Manslaughter, a 2nd degree felony.

The penalties of an Intoxication Manslaughter conviction are:


  • Up to $10,000 fine
  • 2 to 20 years in the state penitentiary
  • Drivers license suspension from 180 days to 2 years
Boating While Intoxicated (BWI)

In Texas, operating a boat on a public body of water with a Blood Alcohol Content (BAC) over 0.08 constitutes Boating While Intoxicated (BWI).

In September 2001, the Texas Legislature extended the Administrative License Revocation (ALR) laws to Boating While Intoxicated (BWI). If you refuse a breathalyzer, urine test, or blood test, and the the watercraft is powered by an engine with 50 horsepower or above, the arresting officer confiscates your driver's license upon arrest. Similar to a DWI, you have 15 days to request an ALR hearing.

In addition to a license suspension, the penalties for a BWI conviction are:

Prior Convictions Fine Jail
0 up to $2,000 up to 180 days
1 up to $4,000 180 days to 1 year
2 up to $10,000 2 to 10 years
DWI Conviction Penalties in Texas Penalty Overview As your DWI defense attorney based in Houston, I work to have your DWI charge dismissed or you found not guilty. If penalties, such as a fine or jail time, are incurred, we will work together to reduce them. In many cases jail sentences are suspended, and you can receive probation. I use my knowledge and expertise to attain minimal probation restrictions and conditions. Conviction Offense Maximum Fine Jail License Suspension 1st DWI Class B Misdemeanor ...

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