You know it’s a problem to drink and drive. Drinking and driving is the most frequently committed crime. 115 people a day die from car accidents. Of that, 47 had been drinking. Most of the accidents occur between midnight and 3 am. 43% of the fatal accidents of drunk drivers happen on the weekend. Holidays always play an important role, too. New Year’s Day is number one at 67%. Fortunately, cars are getting safer and the statistics are slowing from early 1960’s levels.
You don’t have to be “drunk” to impair your driving skills. Most don’t appear “drunk” when they get behind the wheel. You have to allow time to “sober up” after drinking if you have to drive. Normally, it takes your body one hour to allow your body to metabolize the alcohol of one drink.
What about driving? Do you have to be behind the wheel? Some states are very specific about actually driving. Some states use the term “operating” which can mean sitting in the front seat fiddling with the radio. Other states are stricter in identifying you as being able to operate the vehicle, even though you aren’t driving or even have the engine running. And driving isn’t just limited to a car. Most states use the term “motor vehicle”. This refers to any vehicle with a motor – motorcycles, boats, and some states even include bikes and horses. A horse?
If you actually want to drink and drive, where can you drive? You can’t drive on any public road or even private land if it puts the public in harm’s way. Literally, most laws say “in the state” and that, my friends, means anywhere inside the state lines, private or otherwise.
Your lawyer doesn’t have to prove intent, either, as in most criminal cases. If you had a general intent to drink, then drove, then you are done. Driving after you have been drinking shows you had intent.
Its simple folks, if you drink don’t drive. And if you are the driver, don’t drink.
by: Stuart Simpson
Drunk Driving: DUI or DWI it doesn’t matter
What Happens When a Pilot gets a DUI/DWI?
Your worst nightmare as a pilot – a DUI. Will this end your career as a pilot? What if you are the lawyer representing a pilot? Is this a simple DUI case or will it end your law career with a malpractice lawsuit? I know these questions can light up your eyes to why a pilot is different when they get a DUI.
First, pilot or not, you have to follow your state laws. Keep in mind your time frame for appeals or administrative hearings. You could probably get your driver’s license back under an occupational license during your suspension. Even if its your first offense, you better be on your toes if you want to keep flying.
Second, pilots fall under another set of rules from the FAA. They are the FARS (Federal Aviation Regulations). Do you have to report to the FAA now or later? Can I just put it on my FAA First Class Medical Certificate? Can I just call the CFI (certified flight instructor) at the local FAA office FSDO (Flight Standards District Office)?
Your most important resource (lawyer or pilot) is Section 61.15 of the FARS. Section (e) states that you must report “not later than 60 days after the motor vehicle action”. It lists the things you must submit to the FAA, Civil Action Security Division in Oklahoma City, not your local FSDO. This is very serious as section (f) states “Failure to comply with paragraph (e) of this section is grounds for . . .(2) Suspension or revocation of any certificate, rating, or authorization issued under this part.”
In summary, what do you do? If you are convicted of a DUI/DWI, it must be reported on your medical application. You also have to notify the FAA in Oklahoma City within 60 days of the conviction. Do NOT contact the local FSDO, as this is NOT incompliance with the FARS. Do this quick or face a suspension for a non-reporting violation.
Drinking and Driving is bad. Drinking and flying is worse. Both can end careers, lives and marriages. They can even take innocent victims. Also, if you have two separate incidents within a 3-year period, then the FAA can deny an application or revoke/suspend a pilot’s license. You can avoid all of this by not drinking and driving.
by: Stuart Simpson
DWI: Its Dangers And Consequences
You've heard it all before. Don't drink and drive. Everyday, hundreds of people get into car accidents resulting from drunk driving. Driving While Intoxicated (DWI) is a crime. DWI laws are strictly enforced various states. DWI penalties include loss of driving privileges, fines and possible jail time. Any amount of drinking will affect your judgment and coordination and will reduce your ability to safely operate a vehicle. The degree of impairment depends on five factors: 1.) the amount you drink; 2.) whether you've eaten before or while drinking; 3.) your body weight; 4.) length of time spent drinking and; 5.) your gender. There is no quick way to 'sober up', except to wait for your body to metabolize the alcohol. The average metabolism rate is about one drink per hour.
DWI can also result from taking drugs. Drug possession is a grave offense under the law and an accompanying DWI will mean more trouble for the offender. Most often DWI offenders take drugs to stay awake and operate the vehicle. However, these drugs can also cloud your judgment, such as estimating distance and speed, which puts your life and the pedestrians in danger.
Many people caught for DWI have tried to evade the police by convincing them that they are not intoxicated. Here are the top three DWI myths and the truth behind them:
Myth 1: "Alcohol on the breath" is a reliable sign of alcohol consumption and intoxication.
Fact: Alcohol is actually odorless.... it has no smell. What people perceive as alcohol on the breath is actually the odor of things commonly found in alcoholic beverages. The breath of a person who drinks a non-alcoholic beer will smell the same as that of a person who has consumed an alcoholic beer.
Myth 2: People who abstain from alcohol are "alcohol-free" and can't be arrested for DWI.
Fact: The human body produces its own supply of alcohol naturally on a continuous basis, 24 hours a day, seven days a week. It's called endogenous ethanol production. Therefore, we always have alcohol in our bodies and in some cases people produce enough to become legally intoxicated and arrested for DWI.
Myth 3: Breathalyzers and other breath testers used for DWI confirmation are accurate
Fact: There are many, many sources of error in breath testers.
Penalties on DWI offense are serious. You may even have to go jail with maximum time of seven years and have your driving license revoked. DWI is serious because you are not just endangering your life but also the lives of the people around you. Not only that, you stand to pay for any damages done on state and personal property because of your DWI offense. Furthermore, if you cannot pay the said amount, it will mean additional jail time for you.
The worst DWI incident that can take place is a car accident that concerns a death on either of the parties. Such accident could result to a homicide case and may mean a prison sentence of 12 to 15, may even life depending on how many died due to your DWI recklessness.
So heed the advise given to your by anti-drunk driving organization. Do not grab the wheel and commit DWI when you've had more than a glass of alcohol to drink. If you must get home, hail a taxicab instead and leave your car with a friend. DWI can mean your death. Better be prepared than sorry in the end.
by: Michael Sanford
Houston Lawyer, Jack Carroll, discusses facts about DWI
You thought it could never happen to you, but suddenly you find yourself in a situation that you did not expect. What do you do? Contact Texas drunk driving defense lawyers Jack Carroll or Don Becker to protect your rights! The Texas Department of Motor Vehicles can suspend your license if you refuse to take a breath test, blood test, or urine test. WARNING! You have a limited amount of time (15 days) in which to appeal this administrative license suspension.
When you have been investigate or arrested for any criminal offense such as Driving While Intoxicated (DWI), or any Felony Charge, you have an absolute right to be concerned. Facing criminal charges may be one of the most frightening things you have encountered. Some of the possible consequences that can result from a Driving While Intoxicated (DWI) conviction include the restriction or loss of a driver’s license, an increase in insurance cost, fines, court costs, and even the possibility of jail. As you can see, Driving While Intoxicated (DWI) can be a very serious charge.
The Texas law says that the District Attorney need only to prove that after drinking you were not able to drive your car in a “normal” capacity. That sounds pretty cut and dry, but it is not quite as simple as that.
You see, if challenged, the District Attorney must also show all of the following:
That the arresting officer made the arrest properly,
That you were properly advised of your rights,
That the equipment the officer used to test you was working, accurately,
Etc.
Also, the office that administered the “standard field sobriety tests” should have successfully completed the National Highway Traffic Safety Administration Standardized Field Sobriety Testing studenfst class before administering these tests. We have handled hundreds of (DWI) cases and know every trick and nuance officers use to cause you to fail. Before and at trial we will grade the officers to ensure that he or she conducted the tests properly. If the tests were not conducted properly, this can be disclosed to the District Attorney or the jury to show that the tests results were unreliable and should not be believed.
When you retain Jack or Don, not some underling, we will insist that the District Attorney provide us with the names and address of anyone he plans to call as a witness as well as copies of every written or recorded statements of their testimony. This will allow us to prepare our questions we ask them.
We will insist on receiving copies of any videos that show your sobriety tests, whether in the field or at the station.
We will insist on receiving copies of records showing that the equipment used for test was functioning properly and that the person giving the test was properly certified/
As you can see, what looks simple gets pretty complex. As your criminal defense attorney we will insist that all this information be provided and we will walk through all this information as we discuss and proceed on your case.
DRIVER LICENSE SUSPENSION – Your arrest may have included a cancellation of your Texas driving privileges for a specific period of time. YOU HAVE ONLY 15 DAYS FROM THE DATE OF YOUR ARREST TO REQUEST A HEARING ON THIS MATTER. We believe that this hearing is extremely important, not only to challenge your suspension but also as an opportunity for your attorney to question the arresting officer to find out exactly what he is going to say in court. If you retain our firm to represent you, part of that representation includes representing you at the driver license suspension. However, remember you must request this hearing no later than 15 days from your arrest so it is important that you contact us as soon as possible to schedule an appointment. If your Texas driving privileges are ultimately suspended, in most cases we can get you an Occupational License that will allow you to drive to and from work.
WARNING TEXAS DRIVER LICENSE SURCHARGE! Beginning with any Texas DWI Conviction for an offense committed on or after 09/01/03, the Texas Department If Public Safety is authorized to charge a surcharge on your Driver’s License. This charge will range from $1,000.00 to $2000.000 a year for three years. Depending on whether you provided a breath sample, and the results were positive for intoxication, you could be facing a $6,000.00 fee to keep your license.
The government with all of its resources can frequently make your life miserable; regardless of whether you have actually committed the crime. Real life criminal law is NOT like television. Cases are not resolved in one hour, and the solutions are normally not simple. Hiring a criminal defense attorney can be the most important decision you make.
by: Jack Carroll
DWI Laws and You: What You Need To Know
For many people, the act of driving while intoxicated (DWI) is one of the worst crimes that someone can commit. In reaction to that, the DWI laws are becoming tougher by the day. While there is no one set of laws that cover every state, they are somewhat similar in nature and in penalty.
Most states follow the same penalty structure, beginning with the suspension of the drivers' license. This can be done immediately if the suspected driver refuses to submit to a chemical drug or alcohol test at the time of the alleged violation. The penalty phase then moves to jail time and confiscation of the vehicle.
Some states are working on passing laws that will make a driver under the influence responsible for any type of traffic accident whether or not they were actually at fault. This would mean that if you are intoxicated and are hit by another, un-intoxicated, driver who runs a stop sign or crosses into your lane, that you would legally be at fault.
Several states, forty-two to be exact, have a condition that allows offenders that meet certain criteria to drive if their cars have been outfitted with ignition locks. These work by locking the ignition until the driver submits to an onboard breathalyzer test. If the test comes back negative, the car is allowed to start.
The laws and penalties in your state may vary. It is always wise to be aware of your local and state DWI laws and how you could be affected by them. These laws can be found on the internet for most states and by visiting your local police station.
Every state, with the exception of Massachusetts, has laws on the books that make it a crime to drive while intoxicated. This usually is defined as having a blood/alcohol level that is either above or at a predetermined level, normally 0.10. However, some states have the legal limit set lower, most of these are at 0.08 percent.
It is so important to realize how devastating the effect of driving while intoxicated can be. This crime is easily preventable by calling a taxi, a friend or by just staying home if you are going to be intoxicated. For those who don't make these types of arrangements, the DWI laws are getting tougher and law enforcement is intent on doing their job to get them off the road.
by Peter Wallander
Visit http://duilawscenter.com or http://www.dui-in-illinois.info to learn more about DUI penalties and DUI in Illinois.
Houston DWI Defense
A Houston DWI conviction could have a far reaching effect on your life. It therefore makes sense that you know at least the fundamentals of Houston DWI laws. In case of a Houston DWI conviction, you should get in touch with a good Houston DWI lawyer to protect you. A Houston DWI attorney will be able to prepare a strong Houston DWI defense to ensure that your legal rights are not compromised. They can also help reduce charges against you.
The legal limit for intoxication in Texas is 0.08 blood alcohol concentration. You should also know that Texas has a zero tolerance law. Anyone under 21 can be arrested, no matter what the amount of detected alcohol. A good Houston attorney will be able to point out the faults in the chemical testing procedure adopted by law enforcement agencies, during a DWI conviction or arrest. A forceful defense on these lines assures you of reduced punishment and protection of your legal rights. Hiring the services of a Houston DWI attorney who is well versed with the state s laws is half the battle.
A Houston DWI attorney can prepare a strong argument in your favor by pointing out some of the mistakes that may have been committed by the law enforcement agencies during a DWI conviction or arrest. Your defense lawyer also knows how much is too much. For example the laws may be different depending on whether you are a male or a female. A DWI attorney can prepare a defense based on these. A DWI punishment also becomes harsher when you are convicted more than once. It is therefore vital that you hire the service of an experienced DWI attorney to present your case and defend your legal rights.
Austin Texas DWI Lawyer - How To Handle Your Violation
While you should never drive while intoxicated, in Austin or anywhere else, it also helps to know the rules. What exactly constitutes a Austin DWI violation? That is what we will discuss here. The Austin DWI laws are quite strict and as long as you know what they are, you can avoid a lot of serious problems.
An Austin DWI offense is regulated by the blood alcohol content. When a police officer stops you for suspicious driving, he is permitted to do a blood alcohol test on the driver of the car. This may be either a breath test or a blood test, but it is completely legal under Austin DWI law for the official to request it. If your blood alcohol concentration is over .08, the legal limit, you can be arrested. If you refuse to take the test, you will be assumed guilty, so it is worth doing the breath analysis in case you are actually below the limit.
While the blood alcohol content test is a legal Austin DWI method of testing potentially drunk drivers, police officers usually begin by administering a sobriety test. These are pretty standard all over the country, where you will be asked to touch your nose with alternating fingers, walk in a straight line and stand on one foot. Should you fail this, you will be given the blood alcohol test. If you fail the test, you will be arrested under Austin DWI law and taken in to the police station.
Austin DWI laws are quite specific and you should be very careful to avoid breaking them since you can be held in jail until your court date. Simply appointing a designated driver will solve all these problems on a good night out.