DUI & DWI Updates

News & updates related to drunk driving laws around the United States.

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Florida man taken into custody on DUI after motorcycle accident

A 42-year-old Florida man may be facing DUI penalties after allegedly crashing his motorcycle in Orlando on Dec. 25. Police say that the Longwood man was fortunate to survive the accident, which took place on West Colonial Drive at about 6:30 p.m.

According to reports, the man had left a convenience store and was heading toward Westmoreland Avenue when he lost control of his motorcycle. A witness to the crash stayed with the man until rescue personnel arrived, but she says that he fell asleep as they waited. The man was then transported to a local hospital for treatment.

Police officers became suspicious of the man’s erratic behavior when they interviewed him as he recovered in the trauma room of the hospital. Officers say that the man was laughing one minute and crying the next, but he claimed to have "broken brains." They also allegedly observed that the man’s eyes were glassy, and they claim they detected the odor of alcohol on his breath.

The officers then took two breath samples from the man. Both of these samples showed a blood-alcohol content of .19 percent. The two breath samples were taken about four hours after the accident took place. The man was subsequently ticketed for DUI and careless driving. The man was showing signs of his close brush with death when he was booked into the Orange County Jail a few hours later. Observers say that he was complaining about pain in his shoulder, and he had blood on his face, hands and arms.

Penalties for drunk driving in Florida can be severe, and this is especially true when an accident is involved. Fortunately, no other motorists or pedestrians were injured in this case, and the resulting property damage appears to be minor. A criminal defense attorney with experience in DUI cases may be able to lower the severity of the punishments involved by pointing facts like this out during plea negotiations with prosecutors. They may also dispute the accuracy of the test results used to determine the defendant's blood alcohol level.

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Fatal Dallas, TX DWI Crash Results in Probation Sentence

In Dallas and throughout Texas, judges are allowed a certain amount of discretion when sentencing someone after a DUI conviction. Sometimes the sentencing is the maximum under law, while at other times the sentencing may seem lenient.

It was recently reported that a 16-year-old who was involved in a drunk driving crash that killed four people and severely injured two others, was sentenced to 10 years of probation. As is often the case, neither side was completely satisfied with the judge’s sentence. The prosecution had hoped for 20 years in prison.

The 16-year-old did not dispute the fact that he was driving drunk. He was driving a pickup truck in June, with seven passengers at the time of the crash. Two of the teenager's passengers were thrown from the truck at the time of the crash and reportedly sustained serious injuries. The fatalities were not in the truck, but were four pedestrians who were struck by the pickup. At the time, the pedestrians were at the side of the road assisting the victim of a separate crash.

According to the prosecution, the 16-year-old’s blood alcohol concentration (BAC) was .24 percent at the time of the crash. A BAC of .08 percent is the legal limit within Texas for adults. Texas has a “zero tolerance” policy regarding underage drinking and driving, even for first time DWI and, as such, those under age 21 are subject to additional driver’s license restrictions, fines and penalties.

In this case, the defense argued that the 16-year-old’s parents were excessively lenient and allowed the teenager to drink alcohol beginning at age 13. The defense argued for treatment in lieu of incarceration and the judge agreed.

When court adjourned, the 16-year-old was taken to a detention center where he will remain until he can be placed at a treatment facility.

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Texting, drunk driving alleged in North Carolina accident

Two men were injured in a recent alleged drunk driving incident in Wake County. The men, both 26, were among four people standing near a landscaping truck that had pulled to the side of a road with a flat tire on a trailer it was hauling. A Nissan pickup truck operated by a 47-year-old man hit the rear of the trailer before striking the men, who were reportedly standing in the road.

According to officers from the North Carolina Highway Patrol, the driver of the pickup truck was impaired and texting at the time of the accident. The driver was charged with DUI, failing to wear a seatbelt, texting while driving, no inspection and having an expired tag. The injured pedestrians were transported to a local medical center for treatment of their injuries.

A first DUI offense is usually punishable by a fine, jail or community service and loss of a person’s driving privileges in North Carolina for one year. DUI penalties can increase in cases involving a motor vehicle accident where a person other than the suspect is seriously injured. The law also gives judges the discretion of imposing more severe penalties on a person convicted of drunk driving where there was an accident caused by the negligent driving of the suspect. The additional penalties might include mandatory installation of an ignition interlock system at the convicted driver’s expense, higher fines and a longer period of license revocation.

The DUI penalties a judge might impose depend upon the facts of each individual case. The texting charge, if proven, might be an aggravating factor that a judge could use to justify imposing more severe penalties on the driver of the pickup truck. Discussing the facts of a pending DUI charge with an attorney might help people to understand the potential penalties and consequences they are facing in court. 

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If you have been charged with DUI in San Diego, you have rights. Talk to an experienced lawyer today who will work to achieve the best possible outcome.

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DUI may also include legal medications, not just alcohol

When it comes to driving under the influence, commonly known as DUI or DWI, many drivers believe that this automatically refers to alcohol. However, drivers may also receive DWI penalties if they are convicted while operating a motor vehicle while under the influence of other medications or drugs. These medications can include over-the-counter or prescription drugs in addition to illegal substances.

According to a study conducted by the National Highway Traffic Safety Administration (NHTSA), approximately one-fifth of all deaths that resulted in 2009 from auto accidents are caused by medications, not including alcohol. Statistics reported by the Centers for Disease Control echo the NHTSA results by stating that drugs are a factor in 18 percent of motor vehicle deaths.

What many drivers do not understand is that many medications, even over-the-counter medications, often have side effects that can leave drivers impaired. For example, some side effects often include a slowed reaction time or cause sleepiness. Many people find that they cannot properly focus when behind the wheel, meaning that they may miss visual cues and cause an accident as a result.

Motorists who are taking any type of medication, whether it is an over-the-counter drug or a prescription medication, are highly recommended to read the side effects and warnings. Further, they can talk to their doctor about any potential side effects based on their medical condition.

Drivers who are a charged with DUI may face certain consequences, including jail time and heavy fines. An experienced attorney may be able to reduce the charges or have the charges dismissed by challenging improper administration of breathalyzer and field sobriety tests. The attorney may also challenge any illegal traffic stop or arrest if they believe that the authorities did not have a probable cause.

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Group Recommends National Reduction In BAC Levels

Citing statistics that show that drinking and driving contributes to about one-third of traffic deaths nationally, federal watchdogs are clamoring for a reduction in the legal maximum of a driver’s blood-alcohol content to .05 percent. The National Transportation Safety Board recommended that the government provide further motivation to the states to implement the reduction. The board made 18 additional recommendations related to drinking and traffic safety, including the use of ignition interlock devices. The recommendations could make challenging a DUI in court more difficult.

The NTSB chairwoman reported that statistics show that alcohol impairment occurs at .05 percent and that people with this level of impairment run the risk of causing a serious accident. Thirteen years ago, President Clinton implemented legislation that reduced the BAC levels to .08 percent for all non-commercial drivers over the age of 20. Different levels apply to commercial drivers and to minors.

As the board recommended the reduced BAC levels on May 14, the significance of the date was not lost. The date marked the 25th anniversary of the worst drunk-driving accident in the United States when a drunk driver plowed into a school bus and killed 27 people and injured 34 others.

Although traffic deaths have declined in recent years, there were still nearly 10,000 accidents involving impaired motorists in 2011. Although the NTSB observed that although many people think they can safely drive if their BAC level is even minutely under .08 percent, the danger of a fatality on the road is at least twice as high.

If Congress listens to the recommendations of the NTSB and passes laws reducing the maximum BAC level to .05 percent, more drivers will be at risk of facing drunk-driving charges. A criminal defense attorney might be able to defend clients and help protect their rights. 

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Massachusetts Police Plan Stings To Reduce Underage Drinking

The federal government created the Underage Alcohol Enforcement Grant Program to help stop the occurrence of underage drinking, and the Attleboro Poli

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Designated Drivers Not Always A Safe Alternative For Philadelphia Bar Goers

The alcohol industry in Pennsylvania is very popular, and the bar scene in any given city is almost always packed with crowds on a daily basis. In order to drink responsibly, many people designate one person in their group as a designated driver who has the responsibility to get everyone home without facing Pennsylvania DUI penalties. However, a new study released by the University of Florida shows that up to 35 percent of designated drivers may consume enough alcohol to impair their driving.

Researchers asked over 1,000 people in bars in a Southeast college town to submit to Breathalyzers and interviewed them about their alcohol-related behaviors. At least half of them registered a blood alcohol level of 0.05 percent or greater. While 0.05 percent is currently below the 0.08 percent legal limit, many organizations have recommended lowering the standard to 0.05. In addition, in many cases researched found that participants who weren't designated drivers actually had lower blood alcohol levels than those who would, in fact, be driving.

Drunk driving charges carry some of the most stringent motor vehicle related penalties. Apart from the criminal charges, driving drunk has a certain social stigma that few others can match. Insurance companies often refuse to cover someone with a DUI on his or her record, and future employers may deem that person too much of a risk to employ. Furthermore, DUI charges can build on one another with each subsequent conviction.

Experienced DUI lawyers may be able to help an individual accused of DUI preserve his or her reputation and avoid some of the harsher penalties that may accompany a DUI conviction. In some cases, an attorney may be able to have charges lowered or even dismissed by establishing that law enforcement officers did not adhere to proper protocols while administering sobriety tests.

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California Senate Approves New Drunk Driving Bill

A California state senator introduced a new drunk driving bill that would require second time DUI offenders to install ignition interlock devices in their vehicles. The bill cleared in the California Senate and is now awaiting a hearing at the Assembly.

Ignition interlock devices are devices in which offenders must blow into before their vehicles will start. The devices are meant to prevent DUI offenders from even being able to start their vehicles if they are over the legal intoxication limit for driving, which is 0.08 in California. This new law could make a defendant’s DUI defense more essential than ever.

Not only are ignition interlock devices inconvenient to drivers, but they are costly as well. In addition to drivers having to pay installation fees to have the devices installed into their vehicles, they must also pay monthly fees to upkeep the devices. However, they are designed to help reduce the number of traffic fatalities caused by drunk driving.

Under current California law, it is optional for people to install ignition interlock devices in their cars, and only about 20 percent choose to do so. Under the new law, they would have to use the devices for a year after their second DUI convictions before their full driving privileges would be restored. Upon a third DUI conviction, they would have to have the ignition interlock devices installed for two years. Four or more DUI convictions would result in using the devices for three years.

DUI attorneys might be able to help those charged with DUIs fight their charges. They may be able to get their charges reduced to lesser ones or dismissed completely in some cases. For example, if there is no chemical evidence to prove that the driver was indeed intoxicated, then the attorney may be able to get the charges dropped.

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Great infographic found over on Pinterest: http://pinterest.com/pin/520095456937987874/

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A designated driver helps you party another day.

Author Unknown

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New drunk driving defense website launched in Phoenix, Arizona.  Go check it out!

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Regulators Advocate For Lower Drunk Driving Limits In Arizona

Arizona residents might be interested to hear that national lawmakers are advocating for states to lower their drunk driving limits. The National Transportation Safety Board is proposing that states should lower their legal limit for drivers’ blood alcohol content levels from 0.08 to 0.05. They say that stricter BAC levels would help lower the number of traffic deaths caused by drunk driving.

Proponents of the new regulations say that drivers who have reached the current BAC limit of 0.08 are twice as likely to be involved in a fatal accident. Opponents of the lower limit, such as the American Beverage Institute, state that the lower limit doesn’t target the hardcore drunk drivers, but rather responsible adults. Proponents are also advocating for states to expand their uses of requiring DUI offenders to have ignition interlock devices, which force drivers to have their BAC levels analyzed before their cars will start. If the proposal passes, it could make challenging a DUI charge more difficult.

People convicted of driving while under the influence in Arizona may face severe consequences, such as fines, penalties, probation or imprisonment. The severity of the consequences they may face can be influenced by several factors, such as whether anyone was injured in the incident, if there was property damage in the incident and the driver’s previous driving record. For example, a driver who has already been convicted of a DUI may face stiffer penalties with second or third-time DUI convictions.

An attorney may be able to assist those charged with DUIs. Criminal defense attorneys may also be able to negotiate with prosecutors for lesser sentences, such as enrollment in a substance abuse treatment program instead of imprisonment.