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Your Rights in the Criminal Justice System

2010-07-07T23:59:00.005-07:00

Welcome to "Your Rights in the Criminal Justice System." This section provides information on "search and seizure" rights of citizens, key rights of criminal defendants, and the constitutional rights of those who are incarcerated. To begin, select a link from the list below.

Your Rights in the Criminal Justice System

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State DUI Laws

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Alabama Kentucky North Dakota
Alaska Louisiana Ohio
Arizona Maine Oklahoma
Arkansas Maryland Oregon
California Massachusetts Pennsylvania
Colorado Michigan Rhode Island
Connecticut Minnesota South Carolina
Delaware Mississippi South Dakota
District of Columbia Missouri Tennessee
Florida Montana Texas
Georgia Nebraska Utah
Hawaii Nevada Vermont
Idaho New Hampshire Virginia
Illinois New Jersey Washington
Indiana New Mexico West Virginia
Iowa New York Wisconsin
Kansas North Carolina Wyoming

A Walk Through Two Drunk Driving Cases

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Follow two defendants through the criminal justice system, from the circumstances leading to their arrests to the final resolution of their cases.
This article describes two fairly routine criminal cases in which the defendants are both charged with "driving under the influence of alcohol or drugs" (DUI). It shows what happens to the defendants, Shelly Rogers and Julian Daniels, from the time they are arrested until the day they are sentenced by the court. Readers will get a chance to review the police reports, and "listen in" on the interviews they have with their public defender and on the court proceedings they face. Because more than 90% of criminal cases end in plea bargains rather than going to trial , both of these defendants' cases end in plea bargains. The sentences each defendant receives, however, are very different, due in part to the fact that Rogers is a repeat offender whereas this offense is Daniels' first. It is also important to note that DUIs are handled differently in different courts and even sometimes in the same court depending on state and local rules, who is involved and the particular facts of the case.

Facts Leading to the Arrests of Julian Daniels and Shelly Rogers
On December 1, Shelly Rogers headed home after a party at Keith's Tavern. Officer Wood noticed her weaving in and out of her lane and following closely behind the car in front of her. Officer Wood put on the flashing red light, and Rogers pulled over.
That same evening, across town, as Julian Daniels drove home from Mick's Pub, he hit a tree in a residential neighborhood. A neighbor heard the crash and phoned the police. Officer Charles drove up a few minutes later, lights flashing. Daniels was standing in front of his car, surveying the damage, when Officer Charles approached him.

About the same time as Daniels hit the tree, Rogers rolled down her window after pulling over. She put her hands on the steering wheel and waited for the police officer to approach. When the officer approached the car, the officer smelled the characteristic odor of an alcoholic beverage on Rogers' breath. The officer asked for Rogers' driver's license, then asked her to step out of the car. Rogers politely complied with both requests.

After patting Rogers down, the officer asked where she'd come from and if she'd been drinking. Rogers politely replied that she'd like to answer but felt that she should not say anything before consulting a lawyer.

The officer then told Rogers she would need to take a couple of tests and that she didn't have a right to talk to her lawyer before taking them. The officer asked Rogers to recite the alphabet, to stand on one leg and to touch her finger to her nose. Rogers was successfully able to recite the alphabet but stumbled somewhat when she tried standing on one foot. The officer then shined a flashlight in Rogers' eyes and asked her to look left and right. The officer then gave Rogers a breath test with a PBA (portable breath analyzer). Rogers' BAC (blood alcohol content) measured .11 (beyond the legal limit of .08 for that state), so she was arrested for DUI, handcuffed and put in the back of the squad car. Neither Rogers nor the police officer said anything further.

Meanwhile, across town, Daniels was given the same field sobriety tests. Though Daniels passed all three, the officer still suspected DUI because Daniels had red, watery eyes and had hit a tree. Consequently, the officer arrested Daniels and brought him to the station for a blood test. Daniels' blood alcohol content measured .09, just above the legal limit of .08.

The Booking of Daniels and Rogers
Both Daniels and Rogers were brought to the Main County Station, and both were booked upon arrival. They were photographed, their possessions except for clothes and wristwatches were taken and inventoried (see below) and they were put into jail cells to wait.

Their respective booking records read in part as follows:

Suspect: Julian Daniels

Inventory: Brown leather wallet, containing identification, photos and $25; 4-door white Toyota Corolla (license _________) impounded.

Suspect: Shelly Rogers

Inventory: Black leather purse containing wallet (with credit card and driver's license, hair brush, nail file and $62; red Corvette (license _________) impounded.

Preparation of the Police Reports
Later that night, the arresting officers completed their paperwork documenting the arrests, including arrest and investigation reports, a statement for the department of motor vehicles and additional pages with notes and comments.

The Preparation of the Criminal Complaint
The officers' reports were delivered to the district attorney's intake desk at the courthouse. Both defendants' reports ended up on the desk of D.A. Ira Davidson. Davidson glanced at the police reports and filled in the appropriate blanks on the criminal complaint forms as he had done with nearly 150 criminal complaints that day.

Copyright 2005 Nolo

Field Sobriety Tests and Sobriety Checkpoints

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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.

Felony Drunk Driving

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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.

Ignition Interlock Devices

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Ignition interlock devices (IIDs) are instruments designed to prevent someone from operating a vehicle when the device finds alcohol on the would-be driver's breath. Almost all states have drunk driving laws allowing or requiring judges to order ignition interlock devices in cars operated by certain drunk driving offenders.

State laws vary greatly when it comes to ignition interlock devices. Specific state drunk driving laws should be consulted to find out whether an ignition interlock is mandatory, or within the discretion of the judge in any given case.

How an Ignition Interlock Device Works

An ignition interlock device works by measuring the driver's blood alcohol content and disabling the vehicle's ignition if the driver's breath contain alcohol. Most IIDs use a lock-out period to prevent starting the vehicle if the device detects more than a low threshold level of blood alcohol content. The lock-out period typically gets longer with each failed test.

During "rolling retests," most IIDs signal the need to provide a fresh breath test. If, within a certain space of time, the machine does not confirm clean breath, often an alarm will sound or the car's horn will honk to prompt the driver to turn off the vehicle. IIDs are not designed to turn off a moving vehicle in the event of a failed retest. Depending on the system in place, the device may save information relating to the failed retest.

Discretionary Ignition Interlock Device Laws

Often, state laws give judges the discretion to order an ignition interlock device for specific classes of convicted drunk drivers, such as first time offenders. Under the laws of many states, IIDs may be used for a portion of the period in which the offender's license would be suspended.

In these situations, qualifying offenders typically must satisfy other sentencing requirements in order to be able to drive with an IID. These requirements can include jail or time, probation, payment of a fine, completion of an alcohol treatment program, and a period of full license suspension, amongst others.

Mandatory Ignition Interlock Device Laws

A growing number of states make an ignition interlock device mandatory, rather than simply leave it to the judge's discretion, in certain types of drunk driving cases. The most common situations in which these states require an IID (should the offender wish to drive) include:

•having multiple drunk driving convictions;
•having a minor in the car at the time of the incident; and
•having an elevated blood alcohol content level.
Ignition Interlock Device Installation and Costs

States have rules surrounding the installation and inspection of ignition interlock devices. Generally, drivers must have the device installed by a state approved installer and must provide proof of installation to the court. Often, state law also requires periodic inspections of the device by an approved installer.

Generally, the offender must pay any fees associated with an IID. These can include fees for the device itself, an installation fee, monitoring or calibrating fees, and a security deposit and/or device insurance fee. Some (but by no means all) states reduce certain drunk driving fines for those able to demonstrate an inability to pay the costs of an IID.

Conclusion

Almost all states incorporate ignition interlock devices into drunk driving sentences for certain offenders. These devices test a driver's breath before allowing the vehicle to be started, and periodically retest breath during the drive. Depending on the specifics of the drunk driving conviction, in some states an ignition interlock device may be required by state law, or may be within the discretion of the judge to order.

Drunk Driving Sentencing

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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.

DUI Basics

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In every state, it is a crime for a driver to operate a vehicle while impaired by the effects of alcohol or drugs. Below you will helpful introductory information on the crime of driving under the influence (DUI) or driving while intoxicated (DWI).

DUI Overview:
•DUI - The Basics
•Drunk Driving FAQ
•Drunk Driving: Elements of the Offense
•A Walk Through Two DUI Cases
See also:
•MIP: A Minor in Possession
DUI Cases In-Depth:
•Drunk Driving Sentencing
•Sobriety Tests and Checkpoints
•Felony Drunk Driving
•Defenses to Drunk Driving
•Vehicle Ignition Interlock Devices
•Open Container Law

40 Ways to Beat a DUI

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If you have been arrested for DUI or DWI, it is obviously cause for concern—but not for despair. By hiring a quality defense lawyer who can protect your rights, there are a host of ways your case may be defendable. That’s why it would be a good idea to consider hiring one of America’s Top DUI and DWI Defense Attorneys now. Here’s a few ways our lawyers may be able to win your case. Even if your case involves a drug, drugs, medicine or alcohol, they will help.

1.ILLEGAL STOP OF PERSON OR VEHICLE – a driver cannot be stopped unless the officer has a reasonable and articulate basis to believe that a traffic law or other law has been violated. Similarly, a person cannot be seized unless a violation has occurred.

2.WEAVING INSIDE THE LANES IS NOT ILLEGAL – weaving without crossing any lines is not a violation of the law, and a vehicle cannot be stopped for that reason.

3.ANONYMOUS REPORT OF DRUNK DRIVING – a car cannot be stopped simply because an anonymous citizen reported that the driver was drunk.

4.STANDARD FIELD SOBRIETY TESTING IS INACCURATE – in healthy individuals, the one-leg stand test is only 65% accurate, and the walk-and-turn test is only 68% accurate in determining if a person is under the influence. Those persons with injuries, medical conditions, 50 pounds or greater overweight, and 65 years or older cannot be validly judged by these tests.

5.NON-STANDARDIZED FIELD TESTS ARE INVALID – neither the Federal Government (NHTSA) nor medical science considers touching your finger to your nose, or saying the alphabet, or counting backwards, as valid sobriety tests.

6.BREATH TESTING IS INACCURATE – virtually all experts concede that one breath test alone is unreliable. Breath testing is subject to various inaccuracies, including a variance as much s +/- 12.5%, non-specificity for ethanol, etc.

7.BOOKING ROOM VIDEOS – Many police stations videotape suspects at the police station, where their speech is clear and their balance is perfect, in spite of police testimony to the contrary.

8.IN-SQUAD VIDEOS – more and more often, the suspect’s driving and performance on field tests is being recorded; often contradicting police testimony.

9.FAILURE TO PROVIDE SPEEDY TRIAL – If a client is not provided with a trial within a certain period of time, which varies between states, through delays of the court or prosecutor, the charges must be dismissed.

10.POLICE BLOOD TEST INACCURATE – Many times, police blood testing fails to follow prescribed rules of testing, analysis, or preservation recommendations.

11.HOSPITAL BLOOD TEST INACCURATE – Hospital blood tests overestimate a person’s true level by as much as 25% in healthy, uninjured individuals, and are not statistically reliable in severely injured persons.

12.BREATH TEST OPERATOR UNLICENSED – Most states require a Breath Test Operator to possess a valid, unexpired operator’s license, or the breath test result is inadmissible.

13.BREATHALYZER MACHINE MALFUNCTIONS – Most states specify that if there is a malfunction or repair of the breath test instrument within a certain period of time before or after a suspect’s breath test, the results of the suspect’s test are presumed invalid.

14.BREATH TEST OPERATOR LICENSE EXPIRED – Most states require that a Breath Test Operator must possess an unexpired operator’s license, or the breath test result is inadmissible.

15.BREATH TEST DEVICE NOT APPROVED – A breath-testing instrument must be listed on the Federal List of Approved Breath Evidential Instruments and the ISP approved list of Devices, or the results are inadmissible.

16.FAILURE TO PROVE DRIVING UNDER THE INFLUENCE – A defendant’s admission to driving, without more, does not prove a charge of driving under the influence.

17.INDEPENDENT WITNESSES – Often times, independent witnesses to accidents, bartenders, hospital personnel and others can provide crucial evidence of the defendant’s sobriety.

18.FAILURE TO MIRANDIZE – Prosecutors may not use as evidence the statements of a defendant in custody for a DUI when the police have failed to properly issue Miranda Warnings.

19.FIELD SOBRIETY TEST IMPROPERLY ADMINISTERED – According to the National Highway and Traffic Safety Administration, improperly administered field tests are not valid evidence of intoxication.

20.OFFICER’S PRIOR DISCIPLINARY RECORD – A police officer’s previous disciplinary record can be used to attack the officer’s credibility.

21.PORTABLE BREATH TEST INADMISSIBLE – Most states prohibit the use of portable breath testing results as evidence at trial in a DUI case.

22.PORTABLE BREATH TEST IMPROPERLY ADMINISTERED – The manufacturers of portable breath testing devices require a minimum of two tests to consider the results evidential in nature.

23.FAILURE TO CONDUCT OBSERVATION PERIOD – Most states require that a driver be observed continuously for a minimum period, such as twenty minutes, prior to a breath test in order for the results to be considered admissible and valid.

24.EXPERT WITNESSES – Expert witnesses are available to review the validity of breath tests, blood tests and field sobriety tests.

25.MEDICAL AND HEALTH PROBLEMS – Medical problems with legs, arms, neck, back and eyes can affect the results of field sobriety tests. Further, other medical conditions can also affect the validity of breath test results.

26.BAD WEATHER – Weather reports establishing high winds, low visibility, and other conditions are available to explain poor driving or poor balance.

27.LACK OF PROBABLE CAUSE TO ARREST – A police officer must have specific and articulable facts to support any arrest for DUI, or the suspension will be reversed and the evidence suppressed at trial.

28.ILLEGAL SEARCH – The police are prohibited from searching a person or the automobile for a minor traffic offense, and may not search a car without a driver’s consent or probable cause. Any evidence illegally obtained is not admissible in court.

29.PRIOR INCONSISTENT STATEMENTS BY POLICE OFFICERS – Any statement made by a police officer, verbally, in police reports, or at previous court proceedings may be used to attack that officer’s credibility.

30.POST-DRIVING ABSORPTION OF ALCOHOL – The prosecutor must prove the blood or breath alcohol at the time of driving. Recent consumption of alcohol just prior to driving will cause the test results to be higher than what the true level was when the person was operating the automobile.

31.INTERFERING SUBSTANCES – Many items contain forms of alcohol, which may cause false results, such as asthma spray, cough drops, paints, fingernail polish. These items can cause the breath results to be invalid.

32.BREATH MACHINE NOT PROPERLY OPERATED – The manufacturers of breath testing devices have specified protocols, which must be followed for a breath result to be valid. Failure to follow these requirements will result in improper readings.

33.FAILURES TO PRODUCE DISPATCH TAPES – Most stops of vehicles are recorded on dispatch tapes, as well as recording police communications regarding an arrest of an individual. Failure to preserve such tapes upon request can cause all evidence, which could have been recorded to be suppressed.

34.MISLEADING STATEMENTS BY POLICE OFFICERS – Any misleading statement by the police regarding the consequences of taking (or refusing) a blood, breath, or urine test will cause the suspension to be reversed and removed from the driver’s record.

35.STATUTES OF LIMITATIONS – A misdemeanor charge of DUI must be filed within a certain period of time (which varies between states) of the date of offense, or the charges will be dismissed outright.

36.PRIVATE PROPERTY – A person who has not driven the car on a public highway cannot be suspended for drunk driving.

37.FAILURE TO DISCLOSE EXPERTS – The failure of the prosecutor to disclose the state’s expert(s) will cause those witnesses to be barred from testifying against the defendant.

38.LACTATE RINGERS – When hospital staff use lactate ringers during the treatment of a patient, the hospital blood serum results will report falsely elevated, and therefore invalid, readings.

39.FAILURE TO RECORD CERTIFICATION TESTS – the failure to include the value of the simulator solution used to test breath machines will cause the breath test results to be inadmissible in court against the driver.

40.FORCED BLOOD DRAWS – In some states, the police may not take a blood test against the driver’s consent where there has not been an injury involved, or the result is inadmissible.

California DUI Law

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DEFINITIONS:
"Per Se" Blood Alcohol Concentration (BAC) Level
As of August 2005, all states have DUI laws that deem "per se intoxicated" any driver with a blood-alcohol concentration (BAC) at or above .08 percent. This means that drivers with a BAC at or above .08 are intoxicated in the eyes of the law, and no additional proof of driving impairment is necessary.
"Zero Tolerance" Blood Alcohol Concentration (BAC) Level
All states carry "zero tolerance" laws that target drivers under the legal drinking age. These laws penalize persons under 21 for operating a vehicle with any trace of alcohol in their systems (a BAC above 0.0), or with negligible BAC levels such as .01 or .02 percent.

"Enhanced Penalty" Blood Alcohol Concentration (BAC) Level
Many states impose harsher penalties on DUI offenders with a particularly high BAC at the time of the offense, typically .15 to .20 percent. DUI offenders with a BAC at or above their state's enhanced penalty standards will likely face additional jail time, harsher fines, and more severe driver's license sanctions.

"Implied Consent" Laws
"Implied consent" laws require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of DUI. 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.

2010-07-07T23:53:00.000-07:00

ISSUE ONE: The California Implied Consent / Administrative License Suspension (Admin Per Se) Proceeding: The most pressing matter may be requesting an appeal / hearing of your implied consent (administrative) license suspension. Notice of this suspension is found on the "Order of Suspension / Revocation" given to you at the time of your arrest.

Under California law, every person who drives a motor vehicle in the State of California is deemed to have given his consent to chemical testing of his blood or breath for the purpose of determining the alcoholic content of his blood (BAC) if the person is lawfully arrested for a California DUI charge. This concept is known as California's "implied consent" law.

Pursuant to California's implied consent law, your drivers license (or your right to drive in California if you're not a California licensed driver) was most likely suspended for anywhere from four months to three years for failing (.08 BAC or higher (lower for minors; those on DUI probation; and those driving a commercial motor vehicle)) or refusing a breath test.

Read your paperwork carefully. You generally have ten days from the date of your arrest to request an administrative hearing if you'd like to challenge this implied consent suspension. This proceeding is commonly known as a "DMV hearing."

If you had a valid California driver license at the time of your arrest, the officer should have issued you a temporary license as part of the Order of Suspension / Revocation which is valid for the 30 days following your California DUI arrest. Keep in mind, you face a second separate license suspension if you are convicted of the California DUI criminal charge. See below.

If your Implied Consent / Administrative License Suspension is upheld on appeal (or if you don't appeal at all) you must do the following in order to reinstate your drivers license at the end of the suspension period:

Uvalde, Texas DWI Attorney

2010-07-06T13:16:00.002-07:00

Uvalde County, Texas DWI Criminal Defense Lawyer handling drunk driving cases in Uvalde, TX and Uvalde County. Uvalde County DWI Attorney Shawn C. Brown.

If you have been arrested for a Texas DWI, drunk driving or other drug or alcohol related vehicle offense in Uvalde County, contact Uvalde DWI Attorney Shawn C. Brown for a Free Uvalde County DWI Consultation by calling (210) 224-8200 or filling out the form to the left.

You need to act quickly as you only have 15 days from the date of your arrest to request a special hearing or you will lose your Texas driver's license.

Being charged with Texas DWI can have serious consequences if you are convicted. Texas DWI Laws carry mandatory fines and jail time that can extend to ten (10) years in prison. For even a first time DWI offense, you are looking at 3 days to 6 months in jail and a fine of up to $2,000. Being convicted of a Texas DWI could prevent you from finding or keeping a job and thus hurt your ability to support yourself and your family.

Get the legal help you need by calling Uvalde County DWI Criminal Defense Lawyer Shawn C. Brown.

Don't let your DWI be handled by just any attorney. You need someone you knows the Texas DWI Laws and will aggressively defend you and your rights. At the Law Office of Uvalde Texas DWI Attorney Shawn C. Brown, we have helped many people in your situation and we can make a difference in the outcome of your case. Our services include the entire defense process, from working to keep your license from being suspended to preparing for a jury trial.

The attorneys and staff at Uvalde County DWI Lawyer Shawn Brown are bilingual, speaking English and Spanish. We accept VISA, MasterCard, American Express, and Discover. We also offer flexible payment plans to meet your budget, and in most cases do not require any money down.

Contact Uvalde Texas DWI Lawyer Shawn C. Brown at (210) 224-8200 or fill out the form to the left to schedule a free Uvalde County DWI Consultation.

Cities and Towns Served by Uvalde County DWI Attorney Shawn C. Brown: Cline, Concan, Knippa, Sabinal, Utopia, Uvalde, Texas.

Hondo, Texas DWI Attorney

2010-07-06T13:16:00.001-07:00

Medina County, Texas DWI Criminal Defense Lawyer handling drunk driving cases in Hondo, TX and Medina County. Medina County DWI Attorney Shawn C. Brown.

If you have been arrested for a Texas DWI, drunk driving or other drug or alcohol related vehicle offense in Medina County, contact Hondo DWI Attorney Shawn C. Brown for a Free Medina County DWI Consultation by calling (210) 224-8200 or filling out the form to the left.

You need to act quickly as you only have 15 days from the date of your arrest to request a special hearing or you will lose your Texas driver's license.

Being charged with Texas DWI can have serious consequences if you are convicted. Texas DWI Laws carry mandatory fines and jail time that can extend to ten (10) years in prison. For even a first time DWI offense, you are looking at 3 days to 6 months in jail and a fine of up to $2,000. Being convicted of a Texas DWI could prevent you from finding or keeping a job and thus hurt your ability to support yourself and your family.

Get the legal help you need by calling Medina County DWI Criminal Defense Lawyer Shawn C. Brown.

Don't let your DWI be handled by just any attorney. You need someone you knows the Texas DWI Laws and will aggressively defend you and your rights. At the Law Office of Hondo Texas DWI Attorney Shawn C. Brown, we have helped many people in your situation and we can make a difference in the outcome of your case. Our services include the entire defense process, from working to keep your license from being suspended to preparing for a jury trial.

The attorneys and staff at Medina County DWI Lawyer Shawn Brown are bilingual, speaking English and Spanish. We accept VISA, MasterCard, American Express, and Discover. We also offer flexible payment plans to meet your budget, and in most cases do not require any money down.

Contact Hondo Texas DWI Lawyer Shawn C. Brown at (210) 224-8200 or fill out the form to the left to schedule a free Medina County DWI Consultation.

Cities and Towns Served by Medina County DWI Attorney Shawn C. Brown: Castroville, Devine, D'Hanis, Dunlay, Hondo, La Coste, Mico, Natalia, Rio Medina and Yancey, Texas.

San Antonio DWI Attorney

2010-07-06T13:15:00.002-07:00

Bexar County DWI Criminal Defense Lawyer handling drunk driving cases in San Antonio, Texas and Bexar County. San Antonio DWI Attorney Shawn C. Brown.

If you have been arrested for a Texas DWI, drunk driving or other drug or alcohol related vehicle offense in Bexar County, contact San Antonio DWI Attorney Shawn C. Brown for a Free Bexar County DWI Consultation by calling (210) 224-8200 or filling out the form to the left.

You need to act quickly as you only have 15 days from the date of your arrest to request a special hearing or you will lose your Texas driver's license.

Being charged with Texas DWI can have serious consequences if you are convicted. Texas DWI Laws carry mandatory fines and jail time that can extend to ten (10) years in prison. For even a first time DWI offense, you are looking at 3 days to 6 months in jail and a fine of up to $2,000. Being convicted of a Texas DWI could prevent you from finding or keeping a job and thus hurt your ability to support yourself and your family.

Get the legal help you need by calling Bexar County DWI Criminal Defense Lawyer Shawn C. Brown.

Don't let your DWI be handled by just any attorney. You need someone you knows the Texas DWI Laws and will aggressively defend you and your rights. At the Law Office of San Antonio Texas DWI Attorney Shawn C. Brown, we have helped many people in your situation and we can make a difference in the outcome of your case. Our services include the entire defense process, from working to keep your license from being suspended to preparing for a jury trial.

The attorneys and staff at Bexar County DWI Lawyer Shawn Brown are bilingual, speaking English and Spanish. We accept VISA, MasterCard, American Express, and Discover. We also offer flexible payment plans to meet your budget, and in most cases do not require any money down.

Contact San Antonio Texas DWI Lawyer Shawn C. Brown at (210) 224-8200 or fill out the form to the left to schedule a free Bexar County DWI Consultation.

Cities and Towns Served by Bexar County DWI Attorney Shawn C. Brown: Alamo Heights, Balcones Heights, Castle Hills, Cibolo, China Grove, Converse, Elmendorf, Fair Oaks Ranch, Grey Forest, Helotes, Hill Country Village, Hollywood Park, Kirby, Leon Springs, Leon Valley, Live Oak, Lytle, Olmos Park, San Antonio, Schertz, Selma, Shavano Park, Somerset, St. Hedwig, Terrell Hills, Universal City, Von Ormy and Windcrest, Texas.

Dallas DWI Attorney Randall Isenberg

2010-07-06T13:15:00.001-07:00

Dallas DWI Lawyer Randal B. Isenberg handles DWI defense cases throughout Dallas County, Texas. Call Dallas DWI Defense Attorney Randall B. Isenberg today for help on putting together your DWI defense.

Dallas DWI Attorney Randall B. Isenberg focuses on defeating Dallas County, Texas DWI charges. A driving while intoxicated conviction is permanent, and it can mean thousands of dollars in fines, higher insurance costs and even jail time. A Dallas County DWI may even affect your ability to find and keep a job.

The good news is that the chance of being found not guilty of a Texas DWI is better than you think. Having a blood alcohol content higher than .08 does not mean you will be convicted. The most important decision you can make, however, is to employ an experienced Texas DWI lawyer. Dallas DWI Attorney Randall Isenberg has successfully won cases where the defendants' blood alcohol level was as high as .27%

For a free Dallas, Texas DWI consultation, contact Dallas DWI Lawyer Randall Isenberg by filling out the form to the left or calling (214) 696-9253. Phones answered 24/7.

As a Board Certified Criminal Defense Specialist and a former judge, Randall Isenberg understands the strategies and methods of those who are trying to prosecute you. His office has copies of the DWI Instructor and Student Training Manual used by the police and police instructors.

Let Dallas DWI Lawyer Randall Isenberg put his experience to work for you. It's never too late in the evening to call and you are always welcome to visit his office during business hours: Monday through Friday 9-5 and Saturday 10-12.

Payment plans are available. All major credit cards are accepted.
Don't lose confidence, don't be afraid, and don't lose faith; because working together, the law office of Dallas DWI defense lawyer Randall Isenberg will do its very best to help you preserve your freedom, dignity and honor.

About Dallas DWI Lawyer Randall B. Isenberg
Randall Isenberg's qualifications as a criminal defense lawyer are extensive. Mr. Isenberg has had the honor of helping many Texans. As a Board Certified Criminal Defense specialist, Mr. Isenberg can help you preserve your constitutional rights and your presumption of innocence. This includes state and federal felony and misdemeanor charges and Driving While Intoxicated (DWI) charges.

Randall Isenberg's experience and credentials include:
Former State District Judge and County Criminal Court Judge
Assistant District Attorney / Chief Felony Prosecutor
Has successfully defended thousands of felony and misdemeanor cases
Board Certified in Criminal Defense Law by the Texas Board of Legal Specialization
Certified by the National Board of Trial Advocacy as a Criminal Advocate
Selected Texas SuperLawyer 2006 by TexasMonthly Magazine
Selected Top Texas Lawyer 2006 and 2007 by TexasMonthly Magazine
AVÂ® Peer Review Rating by Martindale-HubbleÂ®, which is the highest rating
Licensed to practice law before the United States Supreme Court
Member of the National College of DUI Defense
Member of the American, Texas, Dallas and Colorado Bar Associations
Member of the State Bar Judiciary

Dallas DWI defense lawyer Randall Isenberg has represented many notable clients, including former Dallas Cowboy greats Bob Hayes and Harvey Martin, celebrities and even other attorneys. Mr. Isenberg helps more than celebrities and athletes though; he represents anyone who wishes to fight for their Dallas Texas DWI arrest. No case is too large or too small. Call today!

Blood Alcohol Content (BAC)

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Blood Alcohol Content (BAC) and Blood Alcohol Concentration (BAC) are terms commonly used to refer to the amount of alcohol found in an individual's blood. These levels are measured in either percentage by mass or mass per volume. A Blood Alcohol Content (BAC) of 0.20% means that there is 1 gram of alcohol per every 500 grams of blood.

There is a difference between Blood Alcohol Content (BAC) and Breath Alcohol Concentration (BrAC). Breath Alcohol Concentration (BrAC) is utilized most often by law enforcement to extrapolate or estimate an individual's Blood Alcohol Content (BAC). In order to Ftruly determine Blood Alcohol Content (BAC), a blood sample must be obtained. Since it is very difficult to provide medical personnel to obtain this sample in field situations (while the officer is determining if an individual is Driving While Intoxicated (DWI) or Driving Under the Influence (DUI)), breath testing devices are utilized to determine Breath Alcohol Concentration (BrAC) which typically can be used to equivalate Blood Alcohol Content (BAC). Breath testing devices rely on an a ratio that equates the parts of alcohol found in breath to the correlating amount of alcohol found in blood.

Legal Limits
Law enforcement utilizes Blood Alcohol Content (BAC) to define intoxication and provide a rough measure of impairment. Due to the relative simplicity in measurement, Blood Alcohol Content (BAC) is utilized versus attempts to determine individual impairment. This places the burden of proof upon the individual arrested for Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) to show that either their Blood Alcohol Content (BAC) was lower than the legal limit or that they were not impaired despite the Blood Alcohol Content (BAC).

All states in the US have adopted .08 as the legal limit for intoxication. Some US states will arrest individuals driving with Blood Alcohol Content (BAC) of less than .08. Additionally, some states have zero tolerance laws that apply to individuals under the age of 21 years old and are designed to allow law enforcement to arrest these individuals at substantially lower levels of Blood Alcohol Content (BAC).

Test Assumptions
Blood alcohol tests make several assumptions about the individual being tested. While these assumptions are averages that typically apply to most individuals, they most certainly will not apply to all individuals. One critical assumption is the ratio of Breath Alcohol Concentration (BrAC) to Blood Alcohol Content (BAC). This ratio (called the "partition ratio") is 2100:1. However, the actual ratio can vary substantially by individual from 1300:1 to 3100:1. These actual ratios can have a substantial influence on the accuracy of field tests and an individuals actual level of intoxication. For example, an individaul tested with a breath testing device who had a actual Blood Alcohol Content (BAC) of .08 and a partition ratio of 1700:1 would test at a .10 level on the breath testing device. Only a qualified and competent DWI or DUI defense attorney can provide the legal assistance and defense to address whether or not the estimated Blood Alcohol Content (BAC) determined by the breath testing device was correct.

Texas Administrative License Revocation Information

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Adult Offenders

A law enforcement officer determines that there is a reasonable suspicion for an initial traffic stop of a motorist. After contact with the individual is initiated, the officer develops probable cause to arrest the person for DWI. Specifically, if the officer has reason to believe that the driver is impaired, a set of field sobriety tests may be administered. If the driver performs poorly, the driver is arrested for DWI and transported to the police station.

At the station, the driver is asked to submit to a chemical test to measure his/her alcohol concentration. Usually, the individual is asked to take a breath test, although the officer may request a blood specimen. If the driver refuses to provide a specimen, or provides a specimen with a prohibited alcohol concentration, the officer serves the individual with a Notice of Suspension and confiscates the driver license.

Offenders Under 21 Years of Age

As with adult offenders, a law enforcement officer must have reasonable suspicion to conduct a traffic stop. However, a full custodial arrest is not required for a DUI offense, but is permitted, according to the officerâ€™s discretion. Once the officer determines that the individual is under 21 years of age, and has reason to believe that he/she has consumed alcohol, two distinct methods of enforcement are possible.

In less serious cases, the officer will issue the driver a citation for DUI, serve the individual with a Notice of Suspension and confiscate the driver license. The minor will not be placed under arrest and no chemical test will be requested. Alternatively, the officer may proceed with a custodial arrest procedure if he believes that the individual is seriously impaired. Field sobriety tests may be administered and the minor will be arrested (or taken into custody) and transported to the police station. The driver may be asked to submit to a chemical test to measure his/her alcohol concentration. If the minor refuses to provide a specimen or provides a specimen with any detectable amount of alcohol, the officer will issue a citation for DUI, serve the individual with a Notice of Suspension and confiscate the driver license. Of course, the officer may arrest the minor for the more serious offense of DWI if the circumstances warrant such a charge.

Regardless of age, the driver has 15 days from the date the Notice of Suspension is served to request a hearing. If no hearing is requested, the suspension automatically goes into effect on the 40th day after notice was served. If the individual requests a hearing, the temporary driving permit remains in effect until the date of the final decision of the administrative law judge. The driver is required to pay a fee of $125 to reinstate the license after the suspension period expires.

Hearing Procedures

The ALR hearing is conducted at a location designated by SOAH in either the county of arrest (if the arrest occurred in a county with a population in excess of 300,000) or within 75 miles of the county seat of the county of arrest. Alternatively, both parties may agree to hold the hearing by teleconference. The hearing is conducted by an Administrative Law Judge (ALJ) employed by SOAH and the DPS has the burden of proof by a preponderance of the evidence. If the judge makes an affirmative finding on all the relevant issues, the license is suspended.

Adult Offenders

If the driver failed the breath or blood test, the ALJ must determine whether (1) the person had an alcohol concentration of 0.08 or greater while operating a motor vehicle in a public place; and (2) reasonable suspicion to stop or probable cause to arrest the person existed.

If the driver refused to submit to a chemical test, the ALJ must determine whether (1) reasonable suspicion or probable cause existed to stop or arrest the person; (2) probable cause existed to believe that the person was operating a motor vehicle in a public place while intoxicated or operating a watercraft powered with an engine having a manufacturer's rating of 50 horsepower or more while intoxicated; (3) the person was placed under arrest by the officer and was requested to submit to the taking of a specimen; and (4) the person refused to submit to the taking of a specimen on request of the officer.

Offenders Under 21 Years of Age

If a chemical test was not requested or if the driver provided a specimen with any detectable amount of alcohol, the ALJ must determine whether: (1) the person is a minor and had any detectable amount of alcohol in the minor's system while operating a motor vehicle in a public place; and (2) whether reasonable suspicion to stop or probable cause to arrest or take the minor into custody existed.

If the driver refused to submit to a chemical test, the ALJ must determine whether; (1) reasonable suspicion or probable cause existed to arrest or take the minor into custody; (2) probable cause existed to believe that the minor was operating a motor vehicle in a public place while intoxicated or while having any detectable amount of alcohol in the minor's system or operating a watercraft powered with an engine having a manufacturer's rating of 50 horsepower or above while intoxicated; (3) the minor was placed under arrest or taken into custody and was requested to submit to the taking of a specimen; and (4) the minor refused to submit to the taking of a specimen on request of the officer.

An individual whose license has been suspended following an administrative hearing may appeal the decision rendered by the ALJ. The petition must be filed within thirty days of the decision in the county court in the county of arrest. A properly filed appeal petition stays the suspension for first offenders for up to ninety days.

Periods of Suspension

Penalties for Adults

1. Refused to provide a specimen following an arrest for an offense prohibiting the operation of a motor vehicle or watercraft while intoxicated, while under the influence of alcohol, or while under the influence of a controlled substance:

180 days - First offense
2 years - If previously suspended for failing or refusing a specimen test or previously suspended for a DWI, Intoxication Assault or Intoxication Manslaughter conviction during the 10 years preceding the date of arrest
2. Provided a specimen with an alcohol concentration of 0.08 or greater, following an arrest for an offense under Section 49.04, 49.07, or 49.08, Penal Code, involving the operation of a motor vehicle:

90 days - First offense
1 year - If previously suspended for failing or refusing a specimen test or previously suspended for a DWI, Intoxication Assault or Intoxication Manslaughter conviction during the 10 years preceding the date of arrest

Penalties for Offenders Under 21 Years of Age

1. Refused to provide a specimen following an arrest for an offense prohibiting the operation of a motor vehicle or watercraft while intoxicated, while under the influence of alcohol, or while under the influence of a controlled substance:

180 days - First offense
2 years - If previously suspended for failing or refusing a specimen test or previously suspended for a DWI, Intoxication Assault or Intoxication Manslaughter conviction during the 10 years preceding the date of arrest

2. Provided blood or breath specimen with an alcohol concentration of 0.08 or greater, (or any detectable amount of alcohol) or was not requested to provide a specimen following an arrest for an offense under Section 106.041 Alcoholic Beverage Code or Sections 49.04, 49.07, or 49.08, Penal Code, involving the operation of a motor vehicle:

60 days - First offense
120 days - If previously convicted of an offense under Section 106.041, Alcoholic Beverage Code or Sections 49.04, 49.07, or 49.08 Penal Code, involving the operation of a motor vehicle
180 days - If previously convicted twice or more of an offense under Section 106.041, Alcoholic Beverage Code or Sections 49.04, 49.07, or 49.08 Penal Code, involving the operation of a motor vehicle

Texas DWI Lawyer or DWI Attorney

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If you have been charged with a Texas DWI (drving while intoxicated) there are two things that you need to consider:

1) Take your Texas DWI charge seriously.
A conviction for a DWI in Texas will have long lasting consequences. A criminal record can affect your employment, your future and your personal freedom.

2) Hire an experienced Texas DWI Lawyer.
Understanding the Texas DWI laws and courtroom proceedings can be a challenge. Hiring a qualified Texas DWI lawyer from DWI.com who focuses on DWI defense can make a difference in the outcome of your case.

Each Texas DWI lawyer at DWI.com offers an initial review of your case. Your inquiry is both free and confidential.

To begin fighting your Texas DWI (driving while intoxicated), use the drop-down menu above to locate a Texas DWI Attorney in your county. But do it now, as time is very critical in a Texas DWI case. Please remember that just because you have been arrested for a DWI in Texas, it doesn't mean you are guilty. For instance with an Austin DWI, the police will arrest you for a DWI even if your breath test results are under the legal limit of .08.

Texas DWI Terms

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Texas DWI Terms
Definition of Texas DWI terms regarding Driving While Intoxicated (DWI) and Driving Under the Influce (DUI) charges.

ALR Hearing
This is an administrative license revocation hearing. The Texas Department of Public Safety will try to suspend the drivers license of a person who either blows a .08 or higher on the breath-test or refuses to blow.

BAC
Blood Alcohol Concentration or Breath Alcohol Concentration.

Breath Alcohol Concentration
The amount of alcohol contained within a person's breath that is stated to be equivalent to the amount in a person's blood. The Legal limit in Texas is .08.

DUI
Driving Under the Influcence. If you are under 21, it is illegal for you to purchase, attempt to purchase, possess or consume alcohol. Itâ€™s also against the law to misrepresent your age to try and obtain alcohol. If you are under 21, it is illegal for you to drive with any detectable amount of alcohol in your system.

DWI
Driving While Intoxicated. In Texas, the legal limit for intoxication is .08 BAC (blood alcohol concentration). However, drivers can be stopped and cited for impaired driving due to alcohol or other drugs regardless of BAC. Whether you're the driver or the passenger, you now can also be fined up to $500 for having an open alcohol container in a vehicle.

Field Sobriety Tests (FSTs)
FST are field exercises that police use to determine whether a suspect is intoxicated. These test include the Horizonal Gaze Nystagamus (HGN), Walk and Turn, and the one leg stand. The National Highway and Safety Administration has adopted these tests as reliable scientific evidence of intoxication, however the reliability of these test is disputed by many experts in the field. These test are controversial for several reasons one being the obvious: most sober people can not perform well on these test. Many scientist have critiqued these test is stating they are designed for failure. Dr. Marcilline Burns, a PH. D in Psychology the person behind the development of these tests, has stated that these test would result in the zero tolerance meaning that most sober people would not pass. Furthermore these tests have not been peer reviewed within the scientific community.

Intoxilyzer 5000
This is the breath test machine used by police agencies in Texas. This machine is made by a company called CMI. CMI does not warrant this machine, for a particular purpose. This machine also has credibility problems as it has a 20% margin of error, and it is susceptible to numerous interferents that can give false positive results. The "Texas Intoxilyzer" (the machines used in Texas) have not been updated with the latest modifications and filters recommended by CMI.

Horizonal Gaze Nystagumus (HGN)
This is the "eye test" within the battery of field sobriety tests. The theory is that alcohol intoxication causes nystagumus (an involuntary jerking of the eye). The problem with this test is that there are over 48 different types of nystagumus other than alcohol induced nystagmus. Many officers are predisposed to consider only alcohol induced nystagumus when reasonable science would point to one of the other 48 different types of nystagmus as responsible for causing involuntary eye movement.

NHTSA Manual
The Nation Highway Transportation and Safety Administration publishes a manual entitled outlining the administration and application of DWI investigation and field sobriety testing. Police agencies rely on this manual to testify about the FSTs.

One Leg Stand
This is another field sobriety test within the battery of test. Again critics state that this test was designed to fail. Most people who take this test will have problems with it based upon numerous items that even the police will agree invalidates this test.

Walk and Turn
This is another field sobriety test within the battery of test. While officers try to explain this test as being simple it is graded in a way to cause people to fail. This test is premised on performing over 100 different movements perfectly requiring only 2 of those movements to be off as clues of intoxication. That means a person who performs this 98% accurate would fail.

Texas DWI Laws

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Alcohol and drug-related traffic offenses, commonly known as driving while intoxicated (DWI), are frequently prosecuted criminal offenses in Texas. They are also subject to administrative penalties. If the alcohol concentration in a person's blood, breath or urine is .08 percent or higher, the person is considered intoxicated by law.

With some circumstances under the Texas DWI laws, the legal definition of intoxication is met even if a person's alcohol concentration is lower than .08 percent. Having alcohol, a drug or a controlled substance in one's body that causes loss of normal use of mental or physical faculties also is considered intoxication. If the person is operating a vehicle, vessel or even water skis in a public place, he or she is considered to be driving while intoxicated, which is a Class B misdemeanor in Texas. Boating or operating an aircraft while intoxicated also are crimes in Texas.

The minimum amount of jail time in Texas for driving while intoxicated is 72 hours, unless there is an open container of alcohol in the person's possession, in which case the jail time is at least six days. Consuming any amount of alcohol while operating a motor vehicle also is an offense in Texas.

In addition to jail time, a person who is convicted of Texas DWI the first time will have his or her driver's license suspended for 90 days to one year. Even if there is no conviction, the positive indication of alcohol from a blood, breath or urine test will result in automatic suspension of the person's driver's license. The person also may be required to complete an alcohol educational program for those who have operated motor vehicles while intoxicated. A person who fails to complete such a program when sentenced to do so may lose his or her license. A subsequent DWI conviction will result in driver's license suspension for another 18 months. In order to get the license back after the suspension period is over, the person must pay $125.

Refusing to submit to a blood, breath or urine test in Texas also carries penalties. If an officer has reason to believe that a person is driving while intoxicated, and the driver refuses to submit to a test, the person's driver's license will be automatically suspended for a minimum of 90 days if the person is 21 years of age or older, and for at least one year if the person is under 21. The period of license suspension increases with every subsequent test that shows an alcohol concentration above the legal limit, and with each time a person refuses to submit to alcohol testing. For example, if a person refuses to be tested for intoxication and there has been an alcohol or drug related conviction or license suspension within the previous five years, the person will lose his or her license automatically for one year. Under any circumstances, however, the person is entitled to a hearing.

Get help from a Texas DWI Lawyer or DWI Attorney

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San Antonio DWI Attorney

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Williamson County DWI Lawyers

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Georgetown DWI attorneys handling drunk driving defense cases in Round Rock and throughout Williamson County, TX. Call 512-686-1155 to speak with one of the Georgetown DWI lawyers at the Dunham Law Firm.

For an immediate free consultation on your arrest for driving while intoxicated in Williamson County, Texas, call 512-686-1155 or simply fill out the contact form to your left. The Williamson County DWI Lawyers at the Dunham Law Firm have been handling drunk driving cases since 1989 and have former prosecutors with extensive trial experience to defend your case. But hurry, time is important to keep your Texas Driver's License from being suspended. Fill out the Free DWI Consultation form to your left and the Dunham Law Firm will send you a free copy of your Texas DWI arrest report.

The defense lawyers at the Dunham Law Firm handle DWI (Driving While Intoxicated), DUI (Driving Under the Influence), BWI (Boating While Intoxicated) and drunk driving charges in the Greater Austin area. Having Texas Board Certified Attorneys and former prosecutors handling your TX DWI case can make the difference of winning, going to jail or doing probation. You will find the law firm is very knowledgeable about Texas DWI Laws and drunk driving information.

Experienced Georgetown DWI Lawyers
When selecting legal representation, realize that your attorney's experience is very important. The way your drunk driving case is handled will have an influence on the outcome and thus your future. Having Texas Board Certified Criminal Law Specialists on your side can mean the difference between obtaining a good result and a bad result. At the Dunham Law Firm, many of the attorneys have previously been Assistant District Attorneys, spending years perfecting their courtroom skills. They know the procedures of the criminal court system and can make that system work for you.

Proven Track Record against Williamson County DWI Arrests
The Dunham Law Firm has accumulated a highly successful record of acquittals, dismissals and reductions in the defense of DWI, drunk driving and alcohol related cases. Each case is different, but note that the attorneys at the Dunham Law Firm always start with the goal of getting your case of drunk driving in Williamson County, TX dismissed or reduced to a traffic ticket.

Affordable Pay Plans and Low Fees for a DWI Defense
The law firm offers fair and competitive fees, especially for Board Certified attorneys. In most cases, they charge a low flat rate and often do not require any money down. The initial consultation is free. When you factor in experience and proven results, the Dunham Law Firm is a good choice for those who want the highest quality of legal representation at a fair and reasonable cost.

Serious Consequences for Drunk Driving in Texas
A charge of DWI, DUI or BWI in Williamson County can have serious consequences. You may lose your driver's license, experience a substantial increase in car insurance rates, pay large fines and court costs, suffer a driver's license surcharge ranging from $3,000.00 to $6,000.00, and possibly face jail time.

Don't leave your future to chance. Select the Georgetown DWI Attorneys who will fight for you. The Dunham Law Firm will work for dismissal or reduction of your charge. If successful, you may even be able to have your arrest record and fingerprints torn up! Don't let this arrest record affect your job or your future; call immediately to discuss how the Dunham Law Firm will handle your case.

A Word of Warning about your Texas Driver's License
You have only 15 days from the date of arrest to request a hearing on your driver's license. If you fail to request a hearing, your license may be suspended and you face the probability of paying huge fines for several years. It is important that you hire legal representation for this hearing to challenge the license suspension. Having legal representation for this license hearing provides an opportunity for your attorney to question the arresting officer. Putting the officer on the stand helps to establish his or her position, which can be very beneficial to your criminal case.

Texas Driver's License Surcharge (Fines)
Since 2003, Department of Public Safety has been authorized to levy a surcharge on driver's licenses suspended for alcohol related arrests. This charge can range from $1,000.00 to $2,000.00 per year for three years. Depending on your case, you could be facing a $6,000.00 fee just to keep your license. Now you know why it is so important to fight your license suspension.

Call the Williamson County DWI Attorneys at the Dunham Law Firm immediately to discuss ways you may be able to keep your driver's license and get your TX DWI dismissed or reduced.

Austin DWI Lawyers

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Austin, Texas DWI Attorneys handling DWI and drunk driving defense cases in Travis County, Texas. Call the Dunham Law Firm today to speak with an Austin DWI Lawyer to find out how they can help you.

For an immediate free consultation on your arrest for driving while intoxicated in Austin, Texas, call (512) 777-7777 or simply fill out the contact form to your left. The Dunham Law Firm has been handling Texas DWI cases since 1989 and has over 200 years combined legal experience. Many of the criminal defense lawyers are former Assistant District Attorneys with many years of trial experience. But hurry time is important for keeping your Texas Driver's License.

Fill out the form to your left to have Austin DWI Lawyers with the Dunham Law Firm send you your free arrest report regarding your DWI arrest in Travis County, Texas.

The Dunham Law Firm handles Texas DWI (Driving While Intoxicated), DUI (Driving Under the Influence) and BWI (Boating While Intoxicated) cases in and around Travis County, Texas. Having Texas Board Certified Criminal Law Specialists* and former prosecutors handling your DWI defense case in Austin can make the difference between winning, going to jail or doing DWI probation. You will find our law firm to be very knowledgeable about Texas DWI Laws and drunk driving penalties and information.

Finding an Experienced DWI Lawyer in Austin
When selecting legal representation, realize that the experience of your Austin DWI Attorney in Texas is very important. The way your DWI defense case is handled will have an influence on the outcome and thus your future. Having Texas Board Certified Criminal Law Specialists* on your side can mean the difference between obtaining a good result and a bad result. At the Dunham Law Firm, many of our criminal defense attorneys have previously been Assistant District Attorneys, spending years perfecting their courtroom skills. We know the procedures of the criminal court system and can make that system work for you.

Proven Track Record against DWI's in Travis County, Texas
The Dunham Law Firm has accumulated a highly successful record of acquittals, dismissals and reductions in DWI defense. Each TX DWI is different, but note that the criminal defense lawyers at the Dunham Law Firm always start with the goal of getting your charge of driving while intoxicated in Austin dismissed or reduced to a traffic ticket.

Serious Consequences for a Texas DWI in Austin
A Texas DWI charge has serious consequences. You may lose your Texas Driver's License, experience a substantial increase in car insurance rates, pay large fines and court costs, suffer a driver's license surcharge ranging from $3,000.00 to $6,000.00, and possibly face jail time.

Don't leave your future to chance. Select an Austin DWI Lawyer who will fight for you. At the Dunham Law Firm we will work for dismissal or reduction of your DWI charge. If we are successful, you may even be able to have your arrest record and fingerprints torn up! Don't let this arrest record affect your job or your future; call us immediately to discuss how we can handle your Texas DWI.

Affordable Legal Fees and Pay Plans
Our legal fees are fair and competitive, especially for Texas Board Certified Criminal Law Specialist. In most DWI cases, we charge a low flat rate and often do not require any money down. The initial consultation is free. When you factor in our legal experience and proven case results, the Dunham Law Firm is a good choice for those who want the highest quality of legal representation at a fair and reasonable cost.

A Word of Warning about your Texas Driver's License
You have only 15 days from the date of your DWI arrest in Texas to request a hearing on your Texas Driver's License. According to the Texas DWI laws, if you fail to request a hearing, your Texas Driver's License may be suspended and you face the probability of paying huge fines for several years. It is important that you hire quality legal representation for this hearing to challenge the license suspension. Having legal representation for this license hearing provides an opportunity for your criminal defense attorney to question the arresting police officer. Putting the police officer on the stand helps to establish his or her position, which can be very beneficial to your DWI defense case.

Texas Driver's License Surcharge (Fines)
Since 2003, the Texas Department of Public Safety has been authorized to levy a surcharge on Texas Driver's Licenses suspended for DWI and alcohol related arrests. This surcharge can range from $1,000.00 to $2,000.00 per year for three years. Depending on your DWI, you could be facing a $6,000.00 fee just to keep your Texas Driver's License. Now you know why it is so important to fight your driver's license suspension.

Read more about Texas DWI Penalties.

Speak to an Austin DWI Lawyer Today
Call the Austin DWI Attorneys at the Dunham Law Firm in Texas today to discuss the ways they can help you keep your Texas Driver's License and try to dismiss or reduce your driving while intoxicated charge. The TX DWI attorneys at the Dunham Law Firm will take the necessary time to explain the whole process of your driving while intoxicated charge that you face.

Texas Woman Charged With DWI After Leaving Car on Railroad Tracks

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An El Paso woman tried to drive over a set of railroad tracks rather than using a crossing early Monday morning, and got stuck. Roxana Arlett Baez abandoned her SUV around 1:30 am and soon after a train hit the vehicle.

Officers found Baez, 27, walking along the tracks and determined she was intoxicated. She was arrested for driving while intoxicated in Texas and booked at the El Paso County Jail.

Four Tennessee DUI Arrests in Four Months

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A Clarksville, Tennessee woman has been arrested for driving under the influence four times in four months. Nicole Santos was arrested June 27, 2010 after her car left the road and traveled nearly the length of a football field, knocking down three light poles. She was driving home from a bar.

Santos, who turned 21 early this year, had previously been arrested for DUI in Tennessee on February 2, April 10 and May 21. She was also convicted of drunk driving in 2007, when she was 18 years old.

Santos' bond was set at $5000, which she posted within a few hours of her arrest. She has not been to court on any of the recent TN DUI arrests, and the 2007 conviction is the only current mark on her driving record.

Vanilla Leads to Tennessee DUI

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A 48-year old Germanton woman was charged with DUI in Tennessee after police found her slumped over the steering wheel of her car in front of a middle school. Thursday morning Kelly Moss was found partly parked on the school driveway and sidewalk. According to the arrest report, Moss displayed slurred speech and was unable to stand or walk without assistance. Her breath also had a strong odor of vanilla.

An officer found cans of Diet Coke and partially empty bottles of vanilla extract in the front seat of the vehicle. The extract was 35 per cent alcohol by volume.

Moss refused to submit to a breath test or perform field sobriety tests. She was booked for driving under the influence in Tennessee. It is her third TN DUI arrest. Her bond was set at $4000.

Are you needing assistance from a Tennessee DUI lawyer with your TN DUI?

Driving Under the Influence (DUI) Laws in Illinois

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Driving under the influence (DUI) is a serious offense that is classified in this state as a violent crime and if you are convicted will permanently remain on your driving record. If arrested and/or convicted, a driver may lose driving privileges and also may be fined and/or imprisoned. Repeat arrests or convictions may result in greater penalties.
Arrest and conviction for DUI can be embarrassing, costly and inconvenient. If arrested, you will be taken to a police station or county jail. You will be held there until bond is posted. Your car may be impounded (towed) and forfeited.

IMPLIED CONSENT LAW: When driving on Illinois roadways, you automatically give your consent to submit to certain tests following arrest for DUI. These can include breath, blood and/or urine tests to determine if you were drinking or using any other drug or intoxicating compound before or while driving. A doctor or registered nurse must perform the blood test. You may have a qualified person of your own choosing administer more tests at your own expense.

STATUTORY SUMMARY SUSPENSION LAW: If you are arrested and found to have a BAC of .08 percent or more and/or any impairing drug in your system while operating a motor vehicle, your driving privileges will be suspended for three months. If you refuse to submit to testing, your driving privileges will be suspended for six months. If you are a second offender within a five-year period, your privileges will be suspended for 12 months if you fail the test or 36 months if you refuse to test. A test refusal may be used as evidence against you in the DUI court case. At the time of arrest, the officer will take your license, and if valid, will provide you with a temporary receipt allowing you to drive for 45 days. Your suspension begins on the 46th day from the notice date and will not be terminated until you pay the reinstatement fee and your record is updated.

DUI CONVICTION: In addition to a Statutory Summary Suspension, you may be convicted of driving under the influence of alcohol, other drugs and/or intoxicating compounds. The first DUI conviction will result in the loss of your license for a minimum of one year. You also may be fined up to $2,500 and given a jail sentence of up to one year. If you are convicted of a second DUI offense within 20 years, you will lose your license for a minimum of five years. If this is the second offense within five years, in addition to other fines and penalties, you will be sentenced to 5 days in jail or 30 days of community service. You also may be fined up to $2,500 and given a jail sentence of up to one year. A third conviction, which is a Class 4 felony, will result in the loss of your license for a minimum of 10 years, a possible one to three years imprisonment and a fine of up to $25,000. A fourth conviction will result in the loss of your license for life.

Persons convicted of DUI where the alcohol content was .16 or greater OR convicted of a DUI while transporting a child under the age of 16, in addition to the penalties that apply for each conviction, will be subject to enhanced penalties including additional fines, community service and jail time.

A DUI also will subject you to high risk auto insurance rates for three years. Before your driving privileges are restored, you will be required to undergo an alcohol and drug evaluation and successfully complete a rehabilitation or an alcohol and drug education program and/or meet other requirements.

ILLEGAL TRANSPORTATION OF AN ALCOHOLIC BEVERAGE OPEN CONTAINER: It is illegal for anyone to drink alcoholic beverages in a vehicle. Both driver and passengers may be issued a traffic citation. Passengers on chartered buses, motor homes, mini motor homes, and limousines are exempt from this rule. It is illegal to have alcohol in the passenger area of a vehicle if the container has been opened. If convicted, you may be fined up to $1000. If there is a second offense within one year, your driver's license will be suspended or revoked for one year. Any driver under age 21 also faces loss of driving privileges for the first conviction.

AGGRAVATED DUI: You may be charged with Aggravated DUI if you, as the driver, are involved in a death or personal injury crash while driving under the influence; have received a third DUI; committed DUI while driving a school bus with children; or received a DUI after a previous history of reckless homicide or Aggravated DUI involving a death. This is a Class 4 felony punishable by a possible 1-3 years imprisonment (1-12 years if a personal injury was involved) UNLESS involving a death which is a Class 2 felony, 3-14 years imprisonment (if multiple deaths 6-28 years); felonies carry fines of up to $25,000. The type of offense involved will determine the length of license revocation.

DRIVING ON A SUSPENDED OR REVOKED LICENSE (FOR DUI, RECKLESS HOMICIDE, LEAVING THE SCENE OF A FATAL OR PERSONAL INJURY ACCIDENT): If you are convicted of driving while your license is revoked or suspended for the above incidences, the suspension or revocation period will be extended. Your vehicle may be seized and sold at public auction and you will be faced with a mandatory 10 days in jail or 30 days of community service. This is a Class A misdemeanor which carries fines of up to $2,500 and possible jail time of up to one year.

All convictions are Class 4 felonies carrying fines of up to $25,000 and 1-3 years of imprisonment. A second conviction of this violation may also result in 30 days of jail time or 300 hours of community service. A third conviction has a mandatory minimum of 30 consecutive days in jail, a fourth or subsequent conviction requires a minimum imprisonment of 180 days.

ALLOWING SOMEONE UNDER THE INFLUENCE TO DRIVE YOUR VEHICLE: It is illegal for you to allow someone to drive your vehicle if you know that person is under the influence. If convicted, you may be fined up to $2,500 and given a jail sentence of up to one year.

PROVIDING ALCOHOL TO A PERSON UNDER AGE 21: If you are convicted of providing alcohol to a person under age 21, you may be fined up to $2,500 and given a jail sentence of up to one year and/or your driving privileges may be suspended under the Illinois Liquor Control Act.

Fees and Payment Policies: Reasonable flat fees vs. hourly rates

2010-07-06T13:08:00.001-07:00

When we talk, I'll also tell you about my fees. I understand that the cost of an attorney is an expense that you weren't planning on. So I offer fees at a flat rate to assist you with your budgeting and to avoid any worries you may have that you attorney will 'nickel and dime' you that always come with hourly billing. That way, you'll know exactly what your attorney fees will be - up front - with no unpleasant "surprises" later. Reasonable payment plans may be available based upon need.

Of course I accept cash or checks. But I also gladly accept payment by credit card.

Some individuals do try to defend themselves without legal assistance. This is always risky because the penalties can be harsh. Remember the Ben Franklin quote “a man who has himself as a lawyer has a fool for a client." Good legal representation can decrease many of the concerns you have now.

In any case, the initial 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 convinced that I will be able to protect you to your complete satisfaction, then you can simply decide not to hire me. I won't trouble you again...and you'll owe me nothing.
Douglas V. Hazelton

Seriously Outstandingonly 5% selected each year
visit superlawyers.com

You can discover for yourself how I can help save your license and freedom by calling me at calling me at 612-334-3342 for your free consultation.

Douglas V. Hazelton, Attorney at Law
Northland Plaza Bldg., Suite 1590
3800 American Boulevard
Bloomington, MN 55431
Phone: 612-334-3342
FAX: 952-543-3902

E-mail:info@halbergdefense.com
MN DWI Sitemap

Minnesota DWI Laws - The Facts

2010-07-06T13:07:00.002-07:00

5 things the Prosecutor does not want you to know:

They may not have all the witnesses available to prove their case.
They may have exculpatory evidence which could prove your innocence.
You have a right to a jury trial within 60 days of a speedy trial demand.
They may have evidentiary problems in proving your blood alcohol level.
They may be bluffing about their confidence level in the case against you.

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7 of the facts that must be proved before you can be found guilty:

Your identity
As a driver, operator or in physical control
Of a motor vehicle
In the state of Minnesota, while
Your alcohol level was at or above a prohibited level of intoxication or
Your normal state was affected by alcohol while driving, operating, or in physical control of a motor vehicle (driving under the influence) or
You had a prohibited substance in your blood without a prescription (In this case, the Prosecutor does NOT need to show ANY driving impairment to convict.)

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What you must do immediately to have any chance of removing the alcohol-based revocation from your driving record:

Demand an Implied Consent hearing within 30 days of having your license revoked (or from the date of being notified that it will be revoked).

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10 questions your attorney must ask you.

What you did prior to being arrested.
Your consumption of alcoholic beverages.
Your observations of the officer.
The officer's stated reasons for stopping you.
Your performance on roadside tests.
Statements you made to the officer.
What the results were of any breath, blood or urine tests.
Whether there were witnesses to your arrest.
Whether you were observed 15-20 minutes prior to a breath test, and
Whether the test was taken within two hours of driving.

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What are the 4 items crucial to your defense?

A solid investigation of the facts.
Vigorous cross-examination of the State's witnesses against you.
Knowledge of the current state of the law.
The experience and demonstrated excellence of your attorney.

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What is the one thing your attorney must do to raise objections based on the Summons and Complaint?

File the appropriate notices of challenges and defenses and motions for discovery and hearings.

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Why a jury trial may be advisable (as opposed to a court trial in front of a judge only):

Six people (12 in felony cases) have to agree on your guilt instead of one.

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What is necessary to get a jury trial?

You automatically have a right to a jury trial when charged with any impaired driving offense. In fact, you have to specifically waive (give up) your right to a jury trial on the court record in order to have a court trial.

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How the arresting officer's testimony can be discredited:

Dishonesty.
Uncertainty.
Incompetence.

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5 requirements which must be followed for chemical and roadside tests to be valid:

The officer must have had a reasonable suspicion that you were violating the law.
The officer must have either had probable cause to arrest you or obtain your consent for roadside tests.
The officer must honor your right to refuse a portable breathalyzer test.
The officer must have probable cause before he arrests you and before he requires you to take a chemical test.
The officer must inform you of your Miranda rights after the Implied Consent Advisory, if he is going to interrogate you.

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What are the 2 key pieces of information which must be learned in deciding to go to trial?

An estimation of the weaknesses and strengths of the State's case against you.
The effect of a conviction, including, but not limited to, loss of license and jail time.

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How to determine if you can plea bargain to a reduced charge or reduced sentence, and at what step you should do it.

It's a cost benefit analysis. How strong is the prosecutor's case against you versus what defenses can your attorney raise in your case?

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What effect will this arrest have on my license and when will I be able to drive?

If your alcohol level was over the legal limit or you refused a test, you may not be able to drive at all for a long period of time. Withdrawal of your license ranges from 90 days to an indefinite cancellation. You should know there may be ways to reduce the withdrawal period, sometimes without going to court.

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How to save your license if you're found guilty of DUI/DWI in court?

In some cases a conviction will reduce the presumptive license revocation period, but it will not affect the driving record (showing that alcohol was involved).

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What 4 preliminary motions should be filed, and the danger to you if they aren't.

Motion to suppress evidence on the ground that you were illegally stopped.
Motion to suppress evidence on the grounds that there was an unconstitutional search and seizure.
Motion to suppress statements on failure to give Miranda rights.
Motion for Discovery of all evidence, with a motion to dismiss the State's case if the evidence is not provided before trial..
If these motions are not filed, your case may not be dismissed when it should have been. You may not be told about evidence which would prove your innocence. Without the right attorney in your corner, you may never know.

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7 defense tactics in DUI/DWI pre-trial motions:

Contest the constitutionality of the stop.
Contest the constitutionality of the administration of roadside tests.
Contest the constitutionality of the probable cause to arrest.
Contest the constitutionality of the Implied Consent process.
Contest the manner in which roadside tests were given
Contest the use of a Portable Breath Tester (PBT) device to show anything other than cause to arrest...
Contest the constitutionality of any search and seizure.
Call me today at 612-334-3342 for your free consultation.

Douglas V. Hazelton, Attorney at Law
Northland Plaza Bldg., Suite 1590
3800 American Boulevard
Bloomington, MN 55431
Phone: 612-334-3342
FAX: 952-543-3902

E-mail:info@halbergdefense.com
MN DWI Sitemap

Hire An Experienced DWI / DUI Attorney

Warning: Here's What You Need to Know About Public Defenders Before One is Appointed For Your DUI

Protect Your Rights Against A DUI / DWI In Minneapolis Minnesota

Ten Mistakes
How to avoid the 10 biggest mistakes most people make after being arrested for DWI.

MN DWI Laws & Case Tips
53 Things YOU Need to Know about Your MN DWI Case that NO ONE is Telling YOU!

Minnesota Criminal and Administrative DWI Penalties
The penalties you are facing under Minnesota DWI laws

Five Tips for Hiring a DWI/DUI Lawyer
5 Important recommendations when hiring a lawyer to defend you.

Police Mistakes
14 Common mistakes the police make in DWI arrests...and how they can help you.

What Can I Do to Save My License?
Fight to save your license! If you drive after losing your license, you face substantial penalties.

What Happens After A DWI Arrest?
There are usually both Motor Vehicle and Court Proceedings.

We serve DUI clients in Minneapolis, St. Paul, the Twin Cities metropolitan area and throughout Minnesota.

Lawyer Mistakes
The Top 10 Mistakes Lawyers Make in Drunk Driving Cases...And How To Avoid Them

Information on Minnesota's Implied Consent Laws

BrAC Calculator
Find Out if You Were Drunk When You Were Arrested

Elements of the Crime of DWI under Minnesota Law

Hazelton Law Firm News

Minnesota DUI Laws News

Find a DWI DUI Drunk Driving Lawyer in your state.

The Northland Plaza Building is on the Southeast corner of France Avenue and I-494. Take I-494 to France Ave. Take France Ave. south to American Blvd. Turn left on American Blvd. We are located in the Northland Plaza on the left hand side of American Blvd. Click here for driving directions.

Enter your address and get a map to our Minneapolis, MN DWI law office.

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FREE MINNESOTA DWI CASE EVALUATION

2010-07-06T13:07:00.001-07:00

Do not answer any of the officer's questions other than your name and your address.

Exit your vehicle only when asked.

Do not agree to perform roadside exercises (also known as "field sobriety tests"; we like to call them "stupid human tricks").

Walk the Line
Stand on One Leg
Follow the Pen
Touch Your Nose
Counting Backwards
Or anything else

Do not agree to have your eyes tested.

Do agree to blow into a handheld breath tester. Ask the officer if the results will be used in court against you. Refusal may mean an arrest.

Do consent to a breath, blood or urine test, at the hospital or at the police station if you are asked to take one.

Be polite. Produce requested documents. Do not resist or argue in any way.

Ask to call a lawyer for help as soon as possible.
Douglas V. Hazelton, Attorney at Law
Northland Plaza Bldg., Suite 1590
3800 American Boulevard
Bloomington, MN 55431
Phone: 612-334-3342
FAX: 952-543-3902

E-mail:info@halbergdefense.com
MN DWI Sitemap

Wishful Thinking Isn't a DWI/DUI Defense in Minnesota

2010-07-06T13:06:00.002-07:00

He Wrote the Book on DUI/DWI Defense

When you've been arrested for a DWI/DUI in Minnesota -- in Minneapolis, the Twin Cities metro area, or elsewhere -- and you don't think it's fair, you need an experienced DWI/DWI attorney.

I will protect your rights under the DUI/DWI law in Minnesota, make sure you are treated fairly, and leverage my experience with Minnesota DUI/DWI laws to get real results.

FREE MINNESOTA DWI

A list of Strange American Laws

2010-07-06T13:06:00.001-07:00

Alabama

In jasper, it is illegal for a husband to beat his wife with a stick larger in diameter than his thumb.
It is illegal to play Dominos on Sunday.
It is illegal top wear a duke moustache that causes laughter in church.
Putting salt on a railroad track may be punishable by death.
Alaska

In Fairbanks, it is illegal to feed alcoholic beverages to a moose.
While it is legal to shoot bears, waking sleeping bear for the purpose of taking a photograph is prohibited.

Use of Retrograde Extrapolation Method in DWI Cases

2010-07-06T13:05:00.003-07:00

Mostly police officers use breath analyzer for measuring a suspected DUI driver’s breath alcohol concentration level. And its also a thing to consider that most of the police officer do not have a good quality breath analyzer and many driver failed in breath test. In these types of cases State has to prove that a person is guilty for driving under the influence. It also happen some time that a suspected driver has to give breath test after some interval of his arrest.

Best way to contest a speeding ticket: Trial By Declaration

2010-07-06T13:05:00.001-07:00

I just go notice from the court that I was found not guilty for (22350 VC) speeding… I was refunded my fine. I was doing 58 in a 40…
I contested the ticket via the mail. It’s called "TRIAL BY DECLARATION". In short, the police officer has to submit his contest in writing or the case will be dismissed. Unlike showing up in court where the office gets paid overtime to contest, the officer gets nothing for Trial by Declaration. So most of the time they don’t reply, and the case gets dismissed… The same result happened to my buddy when he contested his illegal U-turn ticket… This is how I learned to this process…

What Happens If You Get Arrested Under DUI

2010-07-06T13:04:00.001-07:00

Have you ever thought what can happen if you get arrested under DUI/DWI charges? DUI is not a joke. It is a very serious and frustrating experience. In my practice as a DUI Lawyer, I have seen many gone through pain and agony of a DUI Charge. Driving under the influence or Driving while intoxicated is a severe crime in each and every state with no exceptions. I have created this list of things that can happen if you get arrested and charged for a DUI /DWI related crime.

Jail Time

Kentucky DUI Penalties

2010-07-06T13:03:00.001-07:00

Laws call for suspected DUI drivers to concede to breath, blood, or urine testing for blood alcohol content is called “implied consent laws”. Denial for that carries penalties, which include compulsory suspension of the driving license for up to a year.

Your Driving Record

2010-07-06T13:02:00.002-07:00

The Secretary of State keeps records of the traffic violations and crashes you accumulate while a resident of Illinois. If you are convicted of a traffic violation while driving in another state, the offense will be included on your record as though it happened in Illinois. If you are not a resident of Illinois and you are convicted of an immediate action traffic violation in Illinois, a record will be established for you in Illinois and the traffic violation also will be forwarded to your home state.

You may purchase a copy of your driving record at any Driver Services facility or by submitting a written request to: Secretary of State, Abstract Unit, 2701 S. Dirksen Pkwy., Springfield, IL 62723. There is a $12 fee, and the request must include your full name, date of birth and driver’s license number.

Appearing in Court

2010-07-06T13:02:00.001-07:00

If you receive a ticket for a minor traffic violation, you are required to post bond in the form of cash, a bond card or a valid driver’s license. If your driver’s license was posted and you pay the ticket before the first court date, your driver’s license will be returned. If you fail to pay the ticket or to appear in court, a second court date may not be automatically set. Failure to appear on the second date will result in loss of bond and/or suspension of your driver’s license until you satisfy the court. If you are under age 18 and are required to appear in court, you must have a parent/legal guardian present at the court appearance.

An Illinois driver ticketed in another state that is a member of the Non-Resident Violator Compact has two options: 1) stay in the ticketing state and argue the case or pay the fine, or 2) sign a promise to comply with the traffic ticket. This promise allows the driver to continue the journey and handle the ticket by mail from home. This courtesy also is extended to non-residents from compact member states who are ticketed in Illinois. Failure to comply with the signed promise to appear will result in suspension by the home state motor vehicle department.

Special Driving Permits

2010-07-06T13:00:00.004-07:00

Restricted Driving Permit – If a motorist’s license is suspended or revoked, an RDP may be issued to drivers age 16 and older to allow limited driving privileges for employment, education or medical care. Before the Secretary of State’s office issues an RDP, it must be determined that the driver receiving the permit does not pose a threat to the safety of others on the roadway. A statutory summary suspension second offender is not eligible to apply for an RDP. Eligible applicants with prior DUI suspensions or revocations must have a Breath Alcohol Ignition Interlock Device (BAIID) installed in their vehicles. For more information, contact: Secretary of State’s Administrative Hearings Department, 210 Howlett Building, Springfield, IL 62756.
Monitoring Device Driving Permit — An MDDP is issued following a judge’s order to a first-time DUI offender serving a statutory summary suspension. The MDDP is needed in order for a person to have a BAIID installed on his/her vehicle. The issuance of the MDDP and installation of the BAIID allows a driver to operate a motor vehicle at any time of day or night as long as the driver does not consume alcohol prior to driving and does not tamper with the BAIID unit.
Probationary License –A probationary license is a conditional license issued in conjunction with a driver improvement activity that grants full driving privileges during a period of suspension for drivers age 21 and over. This license can only be issued to a person suspended for receiving three moving violations in a 12-month period of time and cannot be issued for more than three months.
Family Financial Responsibility Driving Permit – This permit is issued following a circuit judge’s order to a driver who has been suspended under the Family Financial Responsibility Law for nonpayment of court-ordered child support. The permit is only issued in cases where the court originally ordered the driver’s license suspension.

Denial

2010-07-06T13:00:00.003-07:00

Denial is the temporary denial of the privilege of applying for a driver’s license and, in certain instances, an instruction permit. A denial can only be entered on the driving record of an individual under age 18 for conviction of one of the following offenses:

Mandatory revocation of driving privileges for offenses. (View Offenses) A denial for these offenses precludes application for a driver's license or an instruction permit until the person’s 18th birthday.
Driving without a valid driver’s license or permit (no valid license). Such a denial forbids application for a driver’s license until the person’s 18th birthday, while an application for an instruction permit is still allowed. If the person already has a driver’s license, the driving privileges granted by that license are reduced to an instruction permit.
Serious moving violation. The length of this type of denial is either 9 months or until the person's 18th birthday, whichever is shorter. This denial only forbids an application for a driver’s license. Instruction permit applications are still allowed. If the person already has a driver’s license, the driving privileges granted are reduced to an instruction permit. (See Chapter 3 for more information)

Cancellation

2010-07-06T13:00:00.001-07:00

Cancellation is the annulment or termination by formal action by the Secretary of State of a person’s driver’s license or permit because of some error or defect in the license or because the licensee is no longer entitled to such license. Reapplication for a driver’s license may be made only after the terms of the cancellation have been met. Your driver’s license may be cancelled for the following:

Medical Condition - Being medically or visually unfit to safely operate a motor vehicle; failure to submit a medical or vision report when required; failure to self-admit to a medical condition that may interfere with the safe operation of a motor vehicle.
Re-examination Requirement - Failing to appear for a required re-examination; failing a portion of the test required on a mandatory re-examination.
Fraudulent Application - Committing a fraudulent offense in the making of an application.
Ineligible - Not entitled to the license or permit.

Suspension

2010-07-06T12:59:00.004-07:00

Suspension is a temporary loss of driving privileges. When the suspension is for a specific length of time, you may regain your driving privileges after your suspension has ended and you have paid a reinstatement fee. In other cases, your driver’s license will not be returned until you meet a requirement of Illinois law.

Your driver’s license will be suspended if you are convicted of three traffic violations committed within any 12-month period. If you are under age 21 at the time of arrest, two traffic violations within any 24-month period will result in a suspension. If you are under age 21, you will be required to successfully complete a driver remedial education course to make your driving privileges valid again. In addition, you may be required to submit to a complete driver’s license examination to be re-issued a driver’s license. The length of suspension varies according to the seriousness of the traffic offenses.

If your driver's license is suspended for conviction of three traffic violations within a 12-month period, you may be eligible for a probationary license. If you receive a suspension for conviction of two traffic violations in a 24-month period while under age 21, you may be eligible for a Restricted Driving Permit (RDP). The Secretary of State's office will notify you if you are eligible. This does not apply to commercial drivers.

Offenses for which your driver’s license may be suspended include, but are not limited to:

Traffic Crashes – Refusal or neglect to report a traffic crash.
Failure to Yield to an Emergency Vehicle Using Audible and Visual Signals
Speeding in a Construction Zone – Two violations of speeding in a construction zone in a two-year period.
Failure to Yield and Proceed with Due Caution Upon Entering a Construction Zone When Workers are Present
Causing a Crash in a Construction Zone – Failure to reduce speed or change lanes in a construction zone, which results in a crash.
Uninsured Crashes – Being uninsured at the time of a crash in which you were determined to be at fault and for which you owe damages.
Drug/Alcohol Test Failure – Failure to pass a test following a DUI arrest, revealing a BAC of .08 percent or more or any trace of cannabis, controlled drug substances or intoxicating compounds.
Drug/Alcohol Test Refusal – Refusal to test for drugs or alcohol after being arrested for DUI in Illinois or another state.
Illegal Transportation of Alcohol – Illegal transportation of alcohol twice in 12 months if age 21 or older.
Drug or Sex Offense – Committing a drug or sex crime while operating or in direct physical control of an automobile.
School Bus Violations – Failure to stop for a school bus that was picking up or dropping off children.
Parking Violations – Failure to satisfy a warrant for 10 or more unpaid parking violations in any municipality.
Illegal Transportation Under 21 – Illegal transportation of alcohol while under age 21.
Fraudulent License/ID Application – Possessing, displaying or attempting to use an altered driver’s license or ID card; using another person’s license or ID card or allowing another person to use yours; or submitting a fraudulent application or allowing another person to submit your documents for a fraudulent application.
Illegal Possession, Consumption, Attempting to Purchase Alcohol, or Accepting Alcohol as a Gift — Violating the Liquor Control Act of 1934 while under age 21.
Failure to Appear Violations – Failure to appear for any traffic citation.
Failure to Pay Child Support – Suspension for non-payment of child support resulting from a court order or by direction of the Illinois Department of Healthcare and Family Services.
Failure to Obey a Railroad-Crossing Signal – Conviction of a second violation for failure to obey a railroad-crossing signal.
Tollway Violation – Failure to satisfy five or more toll violations and/or toll evasions.
Unauthorized Parking in a Space Designated for Persons with Disabilities
Mandatory Insurance Violations – Failure to file Financial Responsibility Insurance (SR-22) after receiving court supervision for driving without insurance, or having three or more tickets for driving without insurance. In addition, individuals convicted of mandatory insurance violations will lose their driving privileges for a minimum of three months and be required to pay a $100 reinstatement fee, with no driving permit available.
Theft of Motor Fuel – Dispensing motor fuel into a container or fuel tank and leaving the premises without making payment.
For more information on actions that may cause the suspension or revocation of your driving privileges, please consult the Illinois Vehicle Code.

Revocation

2010-07-06T12:59:00.003-07:00

Revocation is the indefinite withdrawal of driving privileges by the Secretary of State’s office. To regain your driving privileges, you may be eligible to reapply for a license after a minimum of one year, unless otherwise noted.

Offenses for which your driver’s license may be revoked include, but are not limited to:

Reckless Homicide –Driving recklessly, resulting in the death of another person (minimum two-year revocation). A vehicle used in a reckless homicide violation is subject to seizure and forfeiture.
Aggravated DUI – Causing personal injury or death as a result of a DUI; having a prior conviction of reckless homicide or aggravated DUI involving a death and committing a DUI; receiving a third or subsequent DUI conviction; committing a DUI without a valid license, permit or vehicle insurance; or committing a DUI violation while transporting children in a school bus. Minimum revocation lengths vary according to the type of offense and previous history.
DUI – Driving under the influence of alcohol, other drugs and/or intoxicating compounds. Under age 21, minimum two years revocation for first offense. All other minimum revocation lengths vary according to previous history.
Felony Offense – A vehicle was used while committing a serious crime.
Leaving the Scene – Leaving the scene of a crash that killed or injured someone (minimum three-year revocation).
Perjury – Giving false information to the Secretary of State.
Reckless Driving – Conviction of three reckless driving offenses in 12 months or driving that results in great bodily harm, permanent disability or disfigurement to another person.
Aggravated Reckless Driving — Driving resulting in great bodily harm, permanent disability or disfigurement to another person.
Drag Racing or Street Racing – Illegally racing with another vehicle.
Reckless Conduct – Reckless behavior involving a vehicle and resulting in injury or danger to another person.
Auto Theft – Stealing a motor vehicle or motor vehicle parts.
Aggravated Fleeing the Police – Driving away from the police when directed to stop.
Fraudulent ID – Making or possessing the equipment to make, sell, use, attempt to use or assist another in using an unauthorized, non-governmental issued ID or driver’s license.
Gang-related Activity — A gang-related offense involving the use of a vehicle or an Illinois driver’s license.

Financial Responsibility Law

2010-07-06T12:59:00.001-07:00

You are required to file proof of financial responsibility if any of the following apply:

You receive an unsatisfied court judgment relating to a crash.
You are suspended under the Safety Responsibility Law due to an uninsured crash.
You receive court supervision for a mandatory insurance violation.
You have been convicted of three or more mandatory insurance violations.
Proof of financial responsibility may include a certificate of insurance (SR22), a bond or a deposit of securities (such as stock certificates). The SR22 is filed directly with the Secretary of State by the insurance company. Through the SR22 process, the Secretary of State monitors insurance coverage for a period of time specified by law. Failure to renew insurance coverage or cancellation of insurance will result in a driver’s license suspension.

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Safety Responsibility Law

2010-07-06T12:58:00.000-07:00

When you are involved in a crash that causes personal injury, the death of a person or more than $1,500 in damage to property, you must file a crash report. (If any vehicle involved in the crash is uninsured, a report must be filed for damages of $500 or more.) If you were at fault in the crash, you must also meet the requirements of the Safety Responsibility Law. This law requires you to be able to put up security (a guarantee of payment) if you do not have insurance coverage or another acceptable form of payment. The Illinois Department of Transportation determines the amount of the security. If you do not have insurance coverage or the required security, your driver’s license may be suspended until the case has been settled. The owner of the vehicle involved in the crash also may have his/her driver’s license and license plates/vehicle registration suspended. Driver’s license or registration privileges will remain suspended until the person provides proof of financial responsibility and maintains the insurance for a period of three years from the date the proof is first filed.

Leaving the Scene of a Crash

2010-07-06T12:57:00.003-07:00

Leaving the scene of a crash is a very serious offense. This is especially true if someone is killed or injured. A driver convicted of leaving the scene of a crash may be fined up to $2,500 and given a jail sentence of up to one year. If a driver fails to report a crash for over 30 minutes after it occurred, he/she is subject to a fine of up to $25,000 and 1-3 years imprisonment. In these cases, the Secretary of State’s office is required to revoke your driver’s license if the crash results in death or personal injury. Also, your driving privileges will be suspended if there is more than $1,000 damage to a vehicle.

Unattended Vehicles

2010-07-06T12:57:00.001-07:00

If you are involved in a crash that causes damage to an unattended vehicle (no driver or passenger is present) or other property:

Stop your vehicle in an area away from traffic.
Leave your name, address, phone number and license plate number on the vehicle or property if you cannot find the owner.
Notify the police.
Complete all required crash reports. If you fail to report the crash, you may be fined up to $2,500 and given a jail sentence of up to one year.

Crash Reports

2010-07-06T12:56:00.003-07:00

Regardless of fault, a crash report must be filed by the driver of a vehicle if the crash involves death, bodily injury or property damage of more than $1,500. (If any vehicle involved in the crash is uninsured, a report must be filed for $500 or more.)

Notify the police immediately. Many towns and cities require a report if a crash occurs within their limits. Therefore, if an officer is not at the scene of the crash, a report must be made at the nearest police station as soon as possible. If in a rural area, the county sheriff or Illinois State Police must be notified. If the driver is unable to make the report and there is a passenger, the passenger must make the report.
A report also must be made to the Illinois Department of Transportation. This confidential report must be sent no later than 10 days after the crash. The form may be obtained from a police officer or automobile insurance agency.

Crash Checklist

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If you are involved in or come upon a traffic crash:

Stop your vehicle in a safe, well-lighted public place.
Help an injured person if necessary or requested. First, protect the person from traffic, then cover the injured person for comfort and to avoid shock. Do not move an injured person unless absolutely necessary. Do not attempt to give first aid unless you have been trained in it. Call 911 immediately.
Someone should warn other drivers, using flares if available.
Ask all those involved for their names, addresses, phone numbers, driver’s license numbers and license plate numbers.
Notify the nearest police station as quickly as possible.

DUI Prevention

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Driving under the influence can be prevented by doing the following:

Do not drink and drive – If you drink alcohol, let a friend drive or call a cab.
Wear your safety belt – It is your best defense in a DUI crash.
Be a responsible host – Stop serving drinks early and don’t let intoxicated guests drive.
Designate a driver – Have one person in your group refrain from drinking alcoholic beverages to ensure a safe trip home.
Do not mix alcohol and other drugs – For example, one antihistamine with a drink may double the effects of both.
Celebrate safely – Participate in community and school events for teens promoting alcohol and drug-free activities.

Drivers Under 21

2010-07-06T12:55:00.001-07:00

In Illinois, the minimum legal drinking age is 21. Licenses for drivers under age 21 are printed vertically with a distinctive color pattern across the front, “Under 21 Until (date)” is printed down the right side of the photo in red, and “Under 18 Until (date)” is printed down the right side of the photo in yellow. Driver's License Examples

If you are under age 21 and convicted of DUI you face the following penalties:

Revocation of driving privileges for a minimum of two years. A second DUI conviction will result in a minimum five-year license revocation or until you turn 21, whichever is longer. A third DUI conviction, which is a Class 2 felony, will result in a minimum 10-year revocation. A fourth DUI conviction will result in a lifetime revocation. Your license also will be suspended for conviction of illegal transportation or possession of alcohol. The Secretary of State’s office may issue you a Restricted Driving Permit (RDP) or a Monitoring Device Driving Permit (MDDP) after one year, and you may be required to have a Breath Alcohol Ignition Interlock Device (BAIID) installed as a condition of issuance. Under no conditions will an RDP be issued to anyone under age 16, and an MDDP will not be issued to anyone under age 18. The RDP may be used between 5 a.m. and 9 p.m., or as otherwise provided, and is valid for one year. You then would be evaluated again by the Secretary of State’s office.
Fines of up to $2,500 and jail sentence of up to one year.
Participation in a Youthful Intoxicated Driver’s Visitation Program.
If you are under age 21, are stopped and issued a citation for a traffic violation, and found to have any trace of alcohol in your system while operating a motor vehicle, your driving privileges will be suspended for three months. If you refuse to submit to testing, your driving privileges will be suspended for six months. If you are a second offender, your privileges will be suspended for one year if you fail or two years if you refuse to test. Your suspension begins on the 46th day from the notice date and will not be terminated until you pay the reinstatement fee and your record is updated.

If your license was suspended prior to age 21, you will be required to successfully complete a driver remedial education course to make your driving privileges valid again. In addition, you may be required to submit to a complete driver’s license examination to be re-issued a driver’s license. It is at the discretion of the investigating officer and based on test results or a test refusal whether a traffic stop results in a Zero Tolerance or DUI charge or both. For more information on Illinois’ Zero Tolerance laws, please visit the Zero Tolerance section.

Any person under age 21 who is convicted of illegal consumption, purchase, possession or receiving alcohol as a gift will lose his/her driving privileges for six months. Any person who receives court supervision for any of these offenses will lose his/her driving privileges for three months.

Providing Alcohol to a Person Under Age 21

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If you are convicted of providing alcohol to a person under age 21, you may be fined up to $2,500 and given a jail sentence of up to one year, and/or your driving privileges may be suspended under the Illinois Liquor Control Act.

Illinois DUI laws are constantly changing. For the most up-to-date information, check the Driving Under the Influence section.

Allowing Someone Else Under the Influence to Drive Your Vehicle

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It is illegal to allow someone to drive your vehicle if you know that person is under the influence. If convicted, you may be fined up to $2,500 and given a jail sentence of up to one year.

Aggravated DUI

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You may be charged with Aggravated DUI if you are involved in a death or personal injury crash while driving under the influence; have received a third or subsequent DUI; committed DUI while driving a school bus with children; committed DUI without a valid driver’s license, permit or vehicle insurance; or received a DUI after a previous history of reckless homicide or Aggravated DUI involving a death. This is a Class 4 felony punishable by a possible 1-3 years imprisonment (1-12 years if a personal injury was involved), UNLESS the DUI is a third or fourth conviction, which is a Class 2 felony (3-7 years imprisonment); a fifth conviction, which is a Class 1 felony (4-15 years imprisonment); a sixth or subsequent conviction, which is a Class X felony (6-30 years imprisonment); a DUI committed after a prior reckless homicide DUI or aggravated DUI involving a death (regardless of vehicle, boat, snowmobile, etc.), which is a Class 3 felony (2-5 years imprisonment); OR the DUI involves a death, which is a Class 2 felony with 3-14 years imprisonment (if multiple deaths, 6-28 years). All felony fines are up to $25,000.

Illegal Transportation of an Alcoholic Beverage Open Container

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It is illegal for anyone to drink alcoholic beverages in a vehicle. Both driver and passengers may be issued a traffic citation. Passengers on chartered buses used for non-school purposes, motor homes, mini motor homes and limousines are exempt. It is illegal to have alcohol in the passenger area of a vehicle if the container has been opened. If there is a second offense within one year, your driver’s license will be suspended for one year. Any driver under age 21 also faces the loss of driving privileges for one year for the first conviction and revocation of driving privileges for a subsequent conviction while under age 21.

DUI Conviction

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In addition to a statutory summary suspension, you may be convicted of driving under the influence of alcohol, other drugs and/or intoxicating compounds. The first DUI conviction will result in the loss of your license for a minimum of one year. You also may be fined up to $2,500 and given a jail sentence of up to one year. If you are convicted of a second DUI offense within 20 years, you will lose your license for a minimum of five years. In addition to other fines and penalties, you will be sentenced to five days in jail or 30 days of community service. You also may be fined up to $2,500 and given a jail sentence of up to one year. A third conviction, which is a Class 2 felony, will result in the loss of your license for a minimum of 10 years, a possible 3-7 years imprisonment and fines of up to $25,000. A fourth or subsequent conviction will result in the loss of your license for life. A fifth DUI conviction is a Class 1 felony with possible imprisonment of 4-15 years and fines of up to $25,000. A sixth or subsequent DUI conviction is a Class X felony resulting in possible imprisonment of 6-30 years and fines of up to $25,000.

A person convicted of DUI with a BAC of .16 percent or more, or DUI while transporting a child under age 16, is subject to enhanced penalties, including additional fines, community service and jail time.

A DUI conviction also subjects you to filing Financial Responsibility Insurance (SR22) for three years. Before your driving privileges are restored, you must undergo an alcohol/drug evaluation and successfully complete a rehabilitation or alcohol/drug education program and/or meet other requirements.

If an Illinois resident is convicted of DUI in another state, the conviction will be reported to the Illinois Secretary of State’s office and be reflected on the person’s driving record. The offender will face administrative action against his/her driving privileges the same as if he/she were arrested for DUI in Illinois.

Breath Alcohol Ignition Interlock Device (BAIID)
Any Illinois driver who is a first-time DUI offender and wishes to obtain and is eligible for driving relief during the statutory summary suspension period is required to have a Breath Alcohol Ignition Interlock Device (BAIID) installed on his/her vehicle.

To qualify for driving relief and issuance of a BAIID, the first-time DUI offender must obtain a court order for a Monitoring Device Driving Permit (MDDP) or the Secretary of State must grant a Restricted Driving Permit (RDP). A BAIID must be installed on the driver’s vehicle(s) at an approved installation site as a condition of driving relief. A DUI offender is responsible for all costs associated with issuance of a permit and installation and monitoring of the BAIID.

An MDDP or RDP and installation of a BAIID allow an offender to drive as long as he/she is driving a vehicle installed with a BAIID. For more information on the MDDP and RDP,as outlined in the Special Permits section of Chapter 1.

The Secretary of State’s office monitors and reads the BAIID throughout the duration of the permit.The BAIID will alert the Secretary of State’s office if the driver attempts any incidents of driving under the influence or tampers with the device.

A DUI offender may choose not to petition for an MDDP or an RDP, and instead choose to refrain from driving during the suspension period. However, a DUI offender who chooses not to participate in the program and is subsequently caught driving a vehicle during the suspension period is guilty of a Class 4 felony. Penalties include possible imprisonment of 1-3 years, a minimum of 30 days in jail or 300 hours of community service, and fines of up to $25,000.

A person who has two or three DUI convictions but has never requested or been granted an Illinois Restricted Driving Permit must install a BAIID on all vehicles registered in his/her name for a full reinstatement of their driving privileges.

For more information about the BAIID or MDDP, please visit the BAIID & MDDP section.

DUI Conviction

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Statutory Summary Suspension Law

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If you are arrested for driving with a BAC of .08 percent or more and/or any impairing drug in your system, your driving privileges will be suspended for six months. If you refuse to submit to testing, your driving privileges will be suspended for one year. If you are a second offender within a five-year period, your privileges will be suspended for one year if you fail the test or three years if you refuse to test. A test refusal may be used as evidence against you in the DUI court case. At the time of arrest, the officer will take your license and, if valid, provide you with a temporary receipt allowing you to drive for 45 days. Your suspension begins on the 46th day from the notice date and will not be terminated until you pay the reinstatement fee and your record is updated.

Implied Consent Law

2010-07-06T12:50:00.001-07:00

When driving on Illinois roadways, you automatically consent to submit to certain tests. These can include breath, blood and/or urine tests to determine if you were drinking or using any other drug or intoxicating compound before or while driving. A doctor or registered nurse must perform the blood test. You may have a qualified person of your own choosing administer more tests at your own expense.

DUI Laws

2010-07-06T12:49:00.002-07:00

Driving under the influence (DUI) is a serious offense that is classified in Illinois as a violent crime. If you are convicted of DUI, the offense will permanently remain on your driving record. If you are arrested and/or convicted, you may lose your driving privileges and vehicle registration, and be fined and/or imprisoned. Repeat arrests or convictions may result in greater penalties.

Arrest and conviction for DUI can be embarrassing, costly and inconvenient. If arrested, you will be taken to a police station or county jail and held there until bond is posted. Your car may be impounded (towed) and possibly forfeited.

DRIVING UNDER THE INFLUENCE (DUI)

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Alcohol and driving do not mix. Alcohol is the number one killer on American roadways. Alcohol is a drug that affects your overall driving ability. It slows your reaction time so it takes longer to act in an emergency. It also affects your vision. Alcohol may make you overconfident and unable to concentrate well. Drivers who drink may make more mistakes. Alcohol affects your driving even if you are below the level of legal intoxication. Drinking even a small amount of alcohol increases your chances of having a crash. Do not drink and drive.

How Is DUI.com Different From Other Drunk Driving Websites?

2009-11-07T04:04:00.001-08:00

DUI.com is an offender-related website that is designed to help those that have been charged with a DUI or DWI to find DUI lawyers. This does not mean DUI.com advocates driving drunk. It means that we have been counseling those arrested for driving under the influence (DUI), driving while intoxicated (DWI) or drunk driving for over 20 years and understand the particular problems associated with drunk driving arrests and charges.

Drunk driving offenders need a criminal defense lawyer who's law practice is primarily in the field drunk driving defense and is a qualified DUI lawyer or DUI attorney. DUI and DWI offenders may need assistance in understanding Department of Motor Vehicles (DMV) administrative per se (APS) and administrative license suspension (ALS) / administrative license revocation (ALR) laws.

DUI.com collects and shares specialized information and provides products and services (program fact sheet PDF download) to help individuals who have been arrested for DUI, DWI or driving drunk navigate the consequences of their drunk driving arrest.

Since the Department of Motor Vehicles has asked police to take drivers' licenses upon drunk driving arrest (administrative license revocation), some persons are immediately interested in getting their drivers licenses back. This requires an individual to quickly obtain an SR-22 form (SR22) from their auto insurance company, agent or broker and file this "Proof of Financial Responsibility" form with the DMV or DPS. We offer direct insurance quotes for those seeking to lower their skyrocketing automobile car insurance rates due to a DUI, DWI or drunk driving charge.

Others are concerned about going to court and the possibility of going to jail. They, therefore, must seek the advice of local DUI attorneys or a DUI lawyer who's practice concentrates in drunk driving defense - someone who knows the DUI Laws and rights of those arrested for driving under then influence. For example, if your were arrested for DUI in Los Angeles, you would want to hire a Los Angeles DUI attorney or Los Angeles DUI lawyer.

Meanwhile, the issue of a drinking problem or substance abuse is a subject that the DUI, DWI or drunk driving offender may be faced with. DUI.com provides information related to substance abuse, alcohol, drug and drinking problems. We also promote proven ways to prevent drunk driving in the form of alcohol breathalyzers (breath testers), alcohol analyzer systems and educational drunk driving videos for schools, programs, businesses, military and correctional facilities.

For individuals concerned with the long view, DUI.com offers information on drivers license and criminal records that will help those arrested for drunk driving understand the consequences for future employment, financial, medical and other background record investigations.

DUI.com provides useful, balanced, prevention - and education - based information for individuals trying to find help after a DUI, DWI or drunk driving arrest, and has been doing so for over 20 years.

Why it is important to find a DUI Attorney

2009-11-07T04:03:00.000-08:00

DUI (Driving Under the Influence) is a serious offense and if you have been charged with a DUI or driving drunk you should seek legal help at once from a DUI attorney.

Each year, states enact stronger DUI laws and more severe drunk driving penalties. You could lose your driver's license, be placed in jail and fined substantial fees. Your car insurance rates may rise and you could end up with a criminal conviction on your record that could impact your future and your employment opportunities.

Using a DUI attorney or DUI Lawyer who focuses on drunk driving defense could make a difference in the outcome of your case. This is why it is important to use DUI.com to locate a qualified DUI Lawyer in your area.

DUI.com is a national directory of drunk driving defense attorneys. Most of the DUI lawyers and attorneys listed in our directory are members of the National Association of Criminal Defense Lawyers and the National College of DUI Defense as well as certified in administering the standardized field sobriety test and intoxilyzer breath test. The DUI attorneys on DUI.com limit their practice to primarily DUI/DWI and drunk driving defense. It is important that you chose a criminal defense lawyer who primarily dedicates their practice to DUI defense, because they know the DUI laws and drunk driving consequences in your state. Choosing the right DUI lawyer may help you save your driver's license and get your drunk driving charge reduced or even dismissed.

California’s Premier DUI Attorneys

2009-11-07T04:02:00.000-08:00

A law firm of 11 California DUI lawyers (including 4 former prosecuting attorneys) practicing criminal DUI defense exclusively, the Law Offices of Lawrence Taylor serves clients from offices in Los Angeles, San Francisco, Orange County, Riverside, San Diego and Marin County. Supported by a staff of 5 former law enforcement DUI experts, including 3 former DWI police officers, each DUI lawyer in the firm focuses entirely on drunk driving defense and criminal DUI related DMV license suspensions. No cases but misdemeanor or felony DUI defense (driving under the influence of alcohol and/or drugs) are accepted.

•Top-rated by Martindale-Hubbell: “A-V”
•Listed in Bar Register of Preeminent Lawyers
•“Southern California Super Lawyers” (Los Angeles magazine)
•“Best Lawyers in Orange County” (Orange Coast magazine)
•Authors of 3 books on drunk driving defense and California DUI Law.
•AVVO client-based ranking: 10/10 (“Superb”)

California DUI Penalties and Punishments

2009-11-07T04:01:00.000-08:00

In California, conviction for the offense of DUI (Driving Under the Influence) carries stiff penalties & punishments. Generally speaking the Bay Area counties in Northern California -- San Mateo, Santa Clara, Contra Costa, Marin, Alameda, San Francisco, Santa Cruz, Napa, and Sonoma -- have similar provisions for DUI penalties & punishments.

The California DUI penalties & punishments listed below are based on a non-enhanced DUI (Driving Under the Influence) conviction. If there are any "aggravating" factors, then the penalties & punishments are significantly increased. Those factors can include, a child in the car (under 14), speeding, driving on a suspended or restricted license, accidents, high blood alcohol content (over .20), etc.

With that in mind, here is an outline of what penalty & punishment to expect for such a DUI conviction. Again, these are the minimal DUI penalites & punishments the court can impose. In order to receive such penalty & punishment, you probably will need someone to advocate on your behalf.

As of 2005 the period for prior DUI offenses is 10 years. Regardless of when a prior DUI offense occurred, and what the DUI law was at the time, if it was within ten years it counts as a prior DUI offense.

THE FOLLOWING IS REFERENCE ONLY. EACH COUNTY DOES VARY SOMEWHAT AND THE LAWS REGARDING DUI PUNISHMENT CHANGE RAPIDLY.
First DUI | Second DUI | Third DUI | Fourth DUI
First DUI Offense - Penalties & Punishments
Probation Fines & Fees Driver License DUI School Jail Time
3 to 5 years of Court Probation A fine, including court fees and costs of $1400 to $1800 6 month loss of California Driver License DUI (Driving Under the Influence) School MANDATORY JAIL TIME
This means no probation officer to report to, but absolutely no drinking and driving during that time period.

This can be paid over time for an additional charge, or in full within 45 days. In some courts people can work off part of the fine through community service.

As of September 2004, it will be up to the Department of Motor Vehicles to decide if a restricted California Driver License should be issued. A suspension means absolutely no driving, a restriction allows driving to and from work or school.

Depending on your Blood Alcohol Level DUI school may be as low as 12 hours or as much as 45. This is dependant on your attorney as well. The California Department of Alcohol and Drug Programs maintains a list of DUI Schools

There is a required 48 hours of jail time on a first offense DUI. It is possible to have this time converted to work service.

Second DUI Offense - Penalties & Punishments
Probation Fines & Fees Driver License DUI School Jail Time
3 to 5 years of Court Probation A fine, including court fees and costs of $1800 to $2800 2 Year loss of California Driver License DUI (Driving Under the Influence) School MANDATORY JAIL TIME
This means no probation officer to report to, but absolutely no drinking and driving during that time period.

This can be paid over time for an additional charge, or in full within 45 days. In some courts people can work off part of the fine through community service.

As of September 2004, it will be up to the Department of Motor Vehicles to decide if a restricted California Driver License should be issued. A suspension means absolutely no driving, a restriction allows driving to and from work or school. Your lawyer may be able to obtain a restricted license for you after ONE YEAR. You will also have to install an ignition interlock device (breath testor) on your vehicle.

This will be for 18 months. The California Department of Alcohol and Drug Programs maintains a list of DUI Schools

There is a required 96 hours of jail time on a second offense DUI. It is possible to have this time converted to work service. Many counties will insist on at least 10 days of jail. some require 30.

Third DUI Offense - Penalties & Punishments
Probation Fines & Fees Driver License DUI School Jail Time
3 to 5 years of Court or FORMAL Probation A fine, including court fees and costs of $1800 to $2800 Up to 3 years loss of California Driver License DUI (Driving Under the Influence) School MANDATORY JAIL TIME
Court Probation means no probation officer to report to, but absolutely no drinking and driving during that time period.

Formal Probation means reporting to a Probation Officer on a regular basis.

The court decides which type of probation to give based in part on what your lawyer has to say on your behalf.

This can be paid over time for an additional charge, or in full within 45 days. In some courts people can work off part of the fine through community service.

As of September 2004, it will be up to the Department of Motor Vehicles to decide if a restricted California Driver License should be issued. A suspension means absolutely no driving, a restriction allows driving to and from work or school.

This will be for 18 months. The California Department of Alcohol and Drug Programs maintains a list of DUI Schools

There is a required 120 days of jail time on a third offense DUI. It is possible to have this time converted to some alternative such as home arrest, rehab or some combination of these. Many counties will insist on at least 210 days of jail - some counties require a full year.

Fourth DUI Offense - Penalties & Punishments
If this is your fourth or more DUI offense it may be considered a felony DUI. Punishment for such an offense includes upto three years in state prison, permanent loss of license and more.

If anyone was injured in connection with a DUI, it may be charged as either a felony DUI or a misdemeanor DUI. These cases have substantial impact involving jail and loss of license.

If your case is a fourth DUI offense, involves injury to you or another, or occurred within ten years of a prior DUI felony you need immediate help. Contact us at once.

California DUI Lawyer Resource Center

2009-11-07T04:00:00.000-08:00

California DUI Lawyer Resource Center is the web's most-visited resource for Drunk Driving laws, DUI penalties, criminal DUI lawyers, breathalyzers, DMV license suspensions and more, and is provided by the "Dean of DUI Attorneys", Lawrence Taylor. With 34 years of experience, Mr. Taylor is the author of the leading DUI law books in the field for the DUI attorney and heads a premier firm of California DUI attorneys, with offices in Los Angeles, San Francisco, Orange County, Riverside, San Diego and Las Vegas, Nevada. The 11 DUI defense attorneys, who average 14 years of experience and include 5 former prosecutors and a former police officer, limit their practice to misdemeanor and felony DUI defense exclusively.

California DUI Terms

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California DUI Terms
Definition of California DUI terms regarding Driving Under the Influce (California DUI) charges.

ALS (Administrative License Suspension)
A California law that allows the suspension of the license of a driver charged with DUI, in addition to the sanctions imposed as a result of a court conviction.

BAC (Blood Alcohol Concentration)

Your blood alcohol concentration or BAC is the concentration of alcohol in the bloodstream. Measured in percentages, this amount is used to determine the intoxication of an individual. Your blood alcohol concentration can be measured by testing breath, blood or urine. Most states have adopted BAC laws that make it illegal to drive with a BAC at or above a set amount. Most states have adopted 0.08% as the highest allowable concentration. Though you may still be found to be intoxicated even if your BAC is below this amount.

Breathalyzer Machine
A machine used by law enforcement officers to measure the BAC of suspected drunk drivers via their breath. The California breahalyzer machine of choice is the "Datamaster".

Chemical Test
As it relates to DUI, a test of the alcohol in a person's blood. A Breathalyzer, blood analysis, or urinalysis can be used as chemical tests for alcohol intoxication. If another intoxicant is suspected, a blood or urine test may be used.

Community Service
Depending on the offense and its severity, the prosecutor may offer community service as part of your conviction and/or probation.

Conditional License
A California conditional license is a license granted on the condition you complete a DUI class or alcohol treatment program or other requirement. Once the condition has been met, a standard license is generally issued or reinstated.

Driver Responsibility Tax
Some states charge those convicted of a DUI with an extra tax on top of fines and court costs. This usually consists of a tax that is payable to the state for three years after the incident occurred (e.g.: $250 per year for three years). In most cases, failure to pay the yearly assessment on time results in license suspension.

DUI School
California DUI schools are typically drug and alcohol education programs designed to help you realize how dangerous drinking and driving is and to hopefully ensure you are not a repeat offender. Your state will likely have a list of approved schools for you to choose from.

California DUI (Driving Under the Influence)
In California this is the act of operating a motor vehicle after consuming alcohol or other drugs to the extent that your mental and/or motor skills are impaired. In other states and jurisdictions this offense may also be called DWI, OWI, or OMVI. [link to the other definitions]

Felony DUI

Serious crimes such as murder, aggravated assault, arson, burglary, etc are considered felonies. A third conviction for drinking and driving is also a felony in most states. Felonies are considered more serious than misdemeanors and as such the punishments are more severe.

Ignition Interlock Device (IID)
This is breathalyzer machine [link above] installed in cars to prevent a vehicle from starting if it detects a blood alcohol concentration (BAC) over a pre-set limit. The device is located inside the vehicle, near the driverâ€™s seat, and is connected to the engine's ignition system. Many states require that the device be used by those convicted of DUI especially repeat offenders.

Implied Consent Laws
These laws state that by simply having a driverâ€™s license you consent to BAC tests if pulled over for suspicion of a DUI. In many states, you can refuse to take the test, but your license may be suspended.

License Revocation
A license revocation means your driving privileges have been revoked. You will likely need to reapply for a driver's license after a designated length of time.

License Suspension
In California, your drivers license can be taken your and driving privileges suspended even before a trial or conviction of a DUI [link to definition] for either failing of refusing the breathalyzer test. A license suspension means you may not drive for the period of your suspension. Driving privileges are typically administered by the Secretary of State and not the court system. You, or your lawyer on your behalf, may be able to negotiate a limited suspension, meaning you may drive to and from work, but nowhere else an ALS (Administrative License Suspension) [link] hearing.

Misdemeanor DUI

In California, this is a crime considered less serious than a felony. These crimes never result in the loss of civil rights, but may result in the loss of privileges such as professional licenses or public employment. Many states treat a first DUI conviction as a misdemeanor.

Open Container Laws
In California , these laws make it illegal to have or drink from an open container of alcohol in designated areas. This law most commonly applies to having alcohol in vehicles. Some jurisdictions even consider drinking alcohol in a parked car a DUI offense.

Probation
In California, when you are convicted of a crime, such as DUI, the judge may suspend part or all of your jail sentence, instead placing you on probation. The judge can also place conditions on your probation such as staying employed, abstaining from illegal behavior, and following a probation officerâ€™s orders. Jail time may be reinstated if it is found the terms of probation are being violated.

Provisional (or Restricted) License
In California, a provisional license typically takes away certain driving privileges. In regards to a DUI , a provisional or restricted drivers license might be granted to someone to drive to and from work only.

SR â€“ 22
This is a Proof of Insurance Certificate that some states require your car insurance carrier to provide after being convicted of a DUI.

Sobriety Checkpoints
These roadblocks are set up by law enforcement officers at a particular location for a certain time period, usually late at night or early in the morning on weekends, to randomly stop vehicles to investigate drivers for possible DUI. If the officer believes the driver is intoxicated, a detailed investigation follows, the same as if they would have stopped you driving down the road.

Vehicle Impound/Immobilization
Vehicle impound is an option used by some states when there has been more than one DUI conviction. The vehicle may be seized, or an ignition interlock device [link to definition] may be installed in the vehicle, requiring the driver to pass a breath test he/she can start the vehicle.

Zero Tolerance BAC
Allowable blood alcohol content for minors (as defined by the state). This percentage can be as low as 0% - meaning no alcohol content may be detected or as high as 0.02%.

Second California DUI Offense Plus

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California Criminal Status:
Non-injury DUIs generally misdemeanors. DUIs that result in bodily injury may be elevated to felony status, depending on the circumstances.

Jail:
90-120 days mandatory jail time, but no more than 1 year.

California DUI Fines/Costs:
$390 to $1,000.

California License Suspension:
1 year suspension.

Vehicle Impound:
Yes. Multiple offenderâ€™s vehicle may be seized and disposed.

California DUI School:
18-30 months at a DUI school, depending on whether itâ€™s a 2nd or 3rd violation. CA Dept. of Alcohol and Drug Programs has a list of approved schools.

California Probation:
3-5 years informal probation (no officer to report to), OR formal probation (if third offense or more).

Community Service:
10 days required as alternative to jail time.

Other

First California DUI Offense

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Non-injury DUIs generally misdemeanors. DUIs that result in bodily injury may be elevated to felony status, depending on the circumstances.

Jail:
48 hours, but not more than 6 months.

California DUI Fines/Costs:
$390-$1,000 plus penalty assessments.

California License Suspension:
4 months suspension; restored after 30 days upon showing of hardship. 1 year suspension if under 21.

Ignition Interlock Device:
Court may order use of interlock device.

Vehicle Impound:
Court may order impoundment.

California DUI School:
Mandatory alcohol education if under 21. Possible first offender school for 3-6 months, depending on BAC level.

California Probation:
3 years informal â€“ no probation officer.

Community Service:
In some courts, you may work off some of your fees/costs by doing community service.

2009 Vermont DUI Law

2009-11-07T03:57:00.002-08:00

Clarifies the provisions of the process by which one may have an operator's license reinstated after a driving under the influence conviction on the basis of three years' total abstinence from the consumption of alcohol or drugs, establishes an application fee that may be waived for financial hardship.

2009 Virginia DUI Laws

2009-11-07T03:57:00.001-08:00

Provides that operation of a motor vehicle without an ignition interlock when such operation is prohibited is a Class 1 misdemeanor and that the person's operator's license shall be revoked for one year.

2009 Utah DUI Laws

2009-11-07T03:56:00.002-08:00

Provides that the requirement that the reinstatement of a person's license for a person under 21 years of age operating a vehicle with a detectable amount of alcohol in the person's body is contingent upon the person's completion of an action recommended by a local substance abuse authority or substance abuse program is only applicable within five years after the effective date of the license sanction.

2009 Texas DUI Laws

2009-11-07T03:56:00.001-08:00

Relates to the civil and criminal consequences of operating a motor vehicle or a watercraft while intoxicated or under the influence of alcohol.

2009 Oregon DUI Laws

2009-11-07T03:53:00.000-08:00

Provides that a defendant is eligible to enter into a second or subsequent driving while under the influence of intoxicants diversion agreement only if the defendant meets certain criteria, including a requirement that a conviction of any other criminal offense involving a motor vehicle has not occurred within a specified number of years before the commission of the present offense.

2009 Oregon DUI Laws

2009-11-07T03:39:00.000-08:00

2009 Oklahoma DUI Law

2009-11-07T03:36:00.000-08:00

Establishes that a person commits child endangerment when the person knowingly permits a child to be present in a vehicle when the person knows or should have known that the operator of the vehicle is impaired by or is under the influence of alcohol or another intoxicating substance or is themselves the driver, operator, or person in physical control of a vehicle while under the influence and while transporting or having in the vehicle such child or children, establishes penalties

2009 Nevada DUI Laws

2009-11-07T03:32:00.000-08:00

Revises the provisions governing the period of revocation of a driver's license upon conviction of a subsequent offense of driving under the influence.

2009 New Mexico DUI Law

2009-11-07T03:31:00.000-08:00

Relates to revocation of a drivers license for a conviction of driving under the influence of intoxicating liquor or drugs, requires a minimum period of driving with an ignition interlock device before reinstatement of a driver's license.

2009 New Mexico DUI Law

2009-11-07T03:30:00.001-08:00

2009 New Mexico DUI Law

2009-11-07T03:27:00.000-08:00

2009 Nebraska DUI Law

2009-11-07T03:26:00.002-08:00

Changes ignition interlock device provisions and penalties, transfers funds in the Ignition Interlock Device Fund to the Probation Cash Fund, changes provisions relating to employment driving permits and ignition interlock devices, provides for the payment of installation, removal, or maintenance costs of such devices for certain persons, provides that a vehicle with an ignition interlock device may only be used for certain trips, provides criminal penalties.

2009 North Dakota DUI Laws

2009-11-07T03:26:00.001-08:00

Concerns mailing of reports and notice forms for driving under the influence, relates to residents and nonresidents.

2009 Montana DUI Law

2009-11-07T03:25:00.000-08:00

Revises provisions relating to court-ordered ignition interlock devices

2009 Minnesota DUI Law

2009-11-07T03:24:00.002-08:00

Relates to public safety, expands the current DWI ignition interlock device pilot program by two years and applies it statewide.

2009 DUI Laws in Maine

2009-11-07T03:24:00.001-08:00

Corrects the inconsistency in the minimum periods of license suspension for repeat operating under the influence offenders, clarifies provisions concerning ignition interlock devices and license suspension.

2009 Maryland DUI Laws

2009-11-07T03:23:00.003-08:00

Requires the Motor Vehicle Administration to suspend the driver's license of a person who has been convicted of drunk and drugged driving offenses within a specified time period after a previous conviction for specified drunk and drugged driving offenses, provides for a restricted license upon request to a person who participates in the Administration's Ignition Interlock System Program.

Kansas House Bill 2096

2009-11-07T03:23:00.001-08:00

Concerns driving, creates the State DUI Commission, creates the Correctional Services Special Revenue Fund, relates to driver improvement clinics, provides for disposition of certain moneys, relates to penalties for driving under the influence of alcohol or drugs, relates to information contained in and sent to the State Bureau of Investigation Central Repository regarding DUI convictions and prosecution. Relates to terms of imprisonment for a DUI conviction and graduated penalties.

2009 Idaho DUI Law

2009-11-07T03:22:00.009-08:00

Relates to driving under the influence, provides that certain offenders enrolled in drug court shall be eligible for restricted noncommercial driving privileges under certain conditions, revises penalties relating to driving under the influence of alcohol, drugs or other intoxicating substances, makes technical corrections.

2009 Idaho DUI Law

2009-11-07T03:22:00.008-08:00

Hawaii House Bill 981

2009-11-07T03:22:00.007-08:00

Makes amendments to Act 171, Session Laws of 2008, reflecting recommendations of the Ignition Interlock Implementation Task Force, provides for an installation surcharge to be remitted to the director of transportation and used to fund the cost of installing and operating ignition interlock devices in the vehicles of persons who are required to install the device but who are indigent.

Hawaii House Bill 981

2009-11-07T03:22:00.005-08:00

Delaware Senate Bill 177

2009-11-07T03:22:00.003-08:00

Strengthens penalties for first time DUI offenders with a BAC of .15 or higher, Increases license revocation from three to six months and mandates the use of IID for six months for those individuals with a BAC of .15 and above.

Delaware Senate Bill 177

2009-11-07T03:22:00.001-08:00

2009 California DUI Law

2009-11-07T03:21:00.003-08:00

Requires ignition interlock device manufacturers to provide certain information to the Department of Motor Vehicles. Requires the department to establish a pilot program in the Counties of Alameda, Los Angeles, Sacramento and Tulare that requires, as a condition of being issued a restricted driver's license, a driver's license, or having the privilege to operate a motor vehicle reinstated, a person to install an ignition interlock device on all vehicles they own or operate and to participate in an alcohol and drug assessment program and pay a fee.

2009 California DUI Law

2009-11-07T03:21:00.001-08:00

Arkansas Senate Bill 217

2009-11-07T03:20:00.009-08:00

Amends the statute requiring a chemical test of the blood, breath, or urine of the driver involved in an accident in which death has occurred or is likely to occur, provides that the presence of certain controlled substances in a person's body is a violation of the omnibus DWI act or the underage DUI law.

Arkansas Senate Bill 217

2009-11-07T03:20:00.008-08:00

Arkansas Senate Bill 346

2009-11-07T03:20:00.007-08:00

Amends the omnibus DWI act, provides that a person arrested for operating or being in actual physical control of a motor vehicle while intoxicated by a controlled substance or a person who refuses to submit to a chemical test is ineligible for an ignition interlock restricted driving permit