Showing posts with label Driving Under the Influence. Show all posts
Showing posts with label Driving Under the Influence. Show all posts

Wednesday, September 16, 2009

Costs of a DUI Charge

A DUI charge comes with some of the most damaging penalties of any crime where most offenders actually serve relatively little jail time. The serious penalties of dui are partly in effect as a means of highly discouraging this activity. For people actually aware of the true, all-inclusive cost of a DUI charge, the argument is more than convincing. For example, studies have revealed that for individuals arrested for driving under the influence, without causing an accident or injuring another, the costs associated with the dui criminal charge will tab-out at an average of well over $10,000. Considering that most DUI charges are misdemeanor arrests, which are entirely avoidable through the negligible expense of finding a cab or getting a ride, the cost of a DUI charge is really never worth it. Sadly, however, the Federal Bureau of Investigation notes that 1.37 million drivers were charged with DUI in the last year alone.

Initial Expenses after an Arrest

The first expenses associated with a DUI arrest begin with the car towing fees following being arrested. Drivers can expect, depending on the jurisdiction, to face towing and impound expenses ranging from a few hundred dollars all the way to over $1,000 dollars in some municipalities seeing a revenue raising opportunity. Additionally, DUI is a criminal charge that requires booking, holding, and incarceration until arraignment. Therefore, individuals may have to post bail before being released from police custody pending trial. The average cost of bail depends on the specific charge, as well as the location of the arrest. However, these costs generally run drivers between $500 dollars all the way up to $2,500 dollars or more.

Increased Insurance Costs

Outside of legal and logistical issues, people arrested for DUI now face greater scrutiny, and more financial punishment, from their insurance companies. Often, many insurance companies will simply drop drivers following a DUI arrest, regardless of conviction. It’s just not worth the risk to them. However, in the event a carrier does elect to keep you on their coverage list, the raised premiums, which will last at least three to five years, can end up costing drivers nearly $1,500 dollars annually. Then, there is the question of the impending legal issues, the actual criminal proceedings regarding a DUI case. DUI legal fees can run from $1,000 to $20,000 depending on the specifics of the case and if there is a trial. In many instances, hiring private investigators and expert witnesses to assess the case may actually end up costing more than the attorney’s fees themselves. The cost of an attorney is negligible in the grand scheme, and a knowledgeable attorney can be a vital ally throughout the entire process.

Post Trial Fines, Fees and other Expenses

Then, depending on the outcome of the case, convicted individuals will face court mandated fines for the arrest, which depending on the state of arrest, can amount to hundreds and potentially thousands of dollars. There are the litany of fees associated with reinstating a license and meeting probation terms, including costs of alcohol and substance abuse evaluation, as well as if deemed necessary, mandatory alcohol and drug treatment, which can cost the average person several thousand dollars. Then, there are the random fees imposed by the state and local government, which can add up to hundreds of dollars.

Other Costly Considerations

All of these quantifiable expenses don’t even take account of issues that people will undoubtedly face following a DUI arrest. For many individuals, the loss of driving privileges may cause them to outright lose their job, or be unable to commute to their employment. In other cases, a DUI arrest immediately causes the loss of a professional license. Then, there is the loss of time associated with coping with legal fallout as well. All in all, DUI is one of the costliest crimes around, and even worse, it is easily one of the most common crimes an individual is arrested for in the United States, as noted by the NHTSA, which states that one in one-hundred-forty licensed drivers will be arrested for DUI in a given year.

Source : True Cost of DUI Charges by William Sherman Share/Save/Bookmark

Thursday, August 20, 2009

Consequences of Drunk Driving

There are millions of people who have been involved in motor vehicle accidents while heavily intoxicated and still haven't learned their lessons. The consequences of drunk driving can sometimes be fatal, yet a lot of people disregard the dangers pose by driving while under the influence of alcohol. In the US alone, more than 36 people lose their lives each day due to drunken driving incidents.

The consequences of drunk driving are infinite and not only are the lives of the drivers in danger but also the lives of the victims who are innocently dragged into the situation. Being in a drunken state mess up your ability to judge and react appropriately to traffic lights, other motorists and pedestrians. Many associations have cropped up over the years to rid the streets of drunk drivers. Most members of these different associations have experienced first-hand what it was like to be a victim of incidents caused by drunk drivers.

If an adult is arrested for DUI, he is taken to a county jail where his fingerprints and photos will be taken by jail officers. If the driver gets convicted, he could face a jail time of up to 6 months, given that it is his first offense. When a person goes to jail, he would be unable to go to work and will face a possible termination. Information like a DUI arrest is available publicly and future employers will be able to know about it when they do routine background check. This could impede future employment and you'll be forced to start from scratch all over again.

One of the many consequences of drunk driving is the revocation of the offender's license. In many countries, the blood alcohol content of a driver is tested through a breathalyzer. There is a minimum amount of alcohol allowed and if it is proven that you have exceeded this amount, you will be arrested and your license will be taken from you. Driving privileges will then be put on hold. Depending on the times that you have violated driving laws, you could regain your license back after serving hours of community service or it can be revoked permanently if the law demands.

The most damaging and irreparable effect of drunk driving is death, either that of the driver or the victim. Statistics reports that out of ten Americans, three will be caught up in alcohol-related accidents at some point in their lives. If drunk driving doesn't end up in death, physical disability or severe injury awaits the driver or the victim. The worst part is they could end up maimed or disabled for the rest of their lives.

To minimize drunk driving episodes, some states in the United States operates DUI checkpoints. These checkpoints send out a loud message to the driving public. Officers at the checkpoints work to teach and make the drivers aware of the consequences of drunk driving. Some of these checkpoints are transportable, only staying at a particular spot for a few hours before moving on to another possible hot spot.

To avoid alcohol-related road accidents, always practice safety. Don't drink when you know you will be driving. In the same way, do not drive when you have drunk more than the allowable limit. Always think about the value of your life and the life of those who might get in your way.

Source : Consequences of Drunk Driving Share/Save/Bookmark

Thursday, August 13, 2009

It is Not Worth It to Drink and Drive

Here are the reason why it is not worth it to drink and drive. This article was written by Joseph Devine.

Simply put, drunk driving is illegal, and drunk drivers who are charged with a DUI under the age of 21 face a number of penalties in the United States. Though a DUI under 21 rarely results in a prison sentence, there are still serious consequences that you will have to face if you are arrested for driving drunk.

Potential Consequences

Ultimately, the temporary thrill you may have from illegally getting drunk with your friends and then illegally driving drunk is just not worth the risk. Before you get behind the wheel while drunk or accept your friend's invitation into a car while they are drunk, consider the many consequences you may face:

* Risk of injury or death. This is probably the most rehashed point made against drunk driving, and with good reason. Drunk driving is not worth risking your life, your friends' lives, or someone else's.
* Dealing with the court system. Getting a DUI means that you will ultimately have to face your day in court. There is a lot of stress, time, and money involved in preparing for court, and when you are already bogged down by school or work, you don't need this additional stress.
* Having a criminal record. A DUI isn't like getting a parking ticket. It's not something that you can pay for and have it disappear. A DUI charge goes on your criminal record and can hurt your chances of getting a job, applying to schools, or getting a loan, even years later.
* Costs of sealing a record. If you decide to hire a lawyer to get your criminal record sealed so that your DUI doesn't hurt your future, you will be facing a number of legal fees and another round of dealing with the court.

What to Do If You've Been Drinking

You can save a lot of time, money, pain, and stress by thinking before you act. If you are under 21 and have been drinking, don't get in the car. Most states have a zero tolerance policy and will arrest you for any detectable alcohol consumption, and police officers are trained to spot drunk drivers. Instead of driving, call a friend or family member to pick you up. Even if the only people you can reach are your parents, you are better off dealing with punishment at home than with a court of law.

When to Contact a Lawyer

Being charged with a DUI under 21 is a serious offense. If you or someone you know has been charged with a DUI under 21, contact a DUI defense lawyer immediately. A good lawyer with expertise in DUI defense can provide solid legal advice and help you prepare for your defense in court.

Source : Drunk Driving : It is not Worth It. Share/Save/Bookmark

Thursday, June 11, 2009

Driving Under the Influence - Arizona DUI Laws

An Arizona DUI case will be charged as either a misdemeanor or a felony offense depending upon the particular facts of the case, the status of the defendant’s driving privileges and prior criminal history. Arizona’s DUI offenses are set forth in Arizona Revised Statutes §§ 28-1381, 28-1382, and 28-1383.

Misdemeanor Offenses: A.R.S. §§ 28-1381 and 28-1382

(1) DUI: A.R.S. § 281381(A)(1)

“DUI” means “Driving under the Influence” of intoxicating liquor (or drugs). The DUI charge involves a law enforcement officer’s suspicion the DUI suspect’s ability to drive is impaired. Although evidence of the subject’s Blood Alcohol Concentration (“BAC”) is relevant to the DUI charge, this offense does not require proof of a chemical test or evidence of the suspect’s BAC. This charge can be based solely upon the suspects (1) driving behavior, (2) physical appearance and performance on field sobriety test, and (3) verbal admissions.
           
(2)  DWI: A.R.S. § 1381(A)(2)

“DWI” stands for “Driving While Intoxicated,” which requires that the accused have a BAC of .08 or greater within two hours of driving a vehicle. Unlike the DUI charge, the DWI charge requires a blood, breath or urine test.
           
(3) Extreme DWI: A.R.S. § 1382 (BAC .15 to Higher)

The Extreme DWI charge differs from the DWI charge in only two respects. First, the Extreme DWI charge requires that the accused have a BAC of .15 or higher, within two hours of driving. Second, the punishment for an Extreme DWI is much greater than for a DUI or a DWI offense.
           
(4) “Super” Extreme DWI: A.R.S. § 1382 (BAC .20 or Higher)

The “Super” Extreme DWI requires that the accused have a BAC of .20 or greater, within two hours of driving. The punishment for a “Super” Extreme DUI is greater than for an Extreme DUI offense. (See “Penalties” link on the left)

Felony Offenses – A.R.S. § 28-1383

An “aggravated” or “felony” DUI offense is a DUI, DWI or Extreme DWI, committed:
(1) While the accused’s driver’s license is suspended, restricted, revoked, canceled, etc.;

(2)  If, within a period of 84 months (7 years) the accused commits a third or subsequent DUI, DWI or Extreme DUI; or

(3)  While a passenger less than fifteen years of age is in the vehicle.


21 AND UNDER DUI LAW

In Arizona, it is illegal for anyone under 21 to drive or be in physical control of a motor vehicle while there is any alcohol in the person’s body. A.R.S. § 4-244(33). Simply put, the law punishes the presence of alcohol in the under 21 person’s body without regard to whether the person’s ability to drive was affected even in the slightest degree. And, if convicted, the under 21 driver faces a two-year license suspension. It should also be noted that under 21 drivers, in addition to being charged with underage DUI, are frequently simultaneously charged with violations of A.R.S. §§ 28-1381(A)(1) and (2).

Since the penalties and consequences for persons under 21 are so severe, it is important to have an experienced, knowledgeable and aggressive Arizona DUI attorney on your side. The transgressions we make in our early days can affect us for years to come. But many DUI’s can be successfully defended, and you would be wise to contact an Arizona DUI defense lawyer who knows this area of the law.

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Sunday, June 7, 2009

Driving Under the Influence (DUI) Information

Definition

Driving under the influence of alcohol (driving while intoxicated, drunk driving, drinking and driving, drink-driving) or other drugs, is the act of operating a vehicle (including bicycle, boat, airplane or horse) after consuming alcohol or using drugs. It is a criminal offense in most countries.

Overview

In jurisdictions of most countries, anyone who is convicted of injuring or killing someone while under the influence of alcohol or drugs can be heavily fined, as in France, in addition to being given a lengthy prison sentence.

The specific criminal offense may be called, depending on the jurisdiction, driving while intoxicated (DWI), operating while intoxicated (OWI), operating a motor vehicle while intoxicated (OMVI), driving under the influence [of alcohol or other drugs] (DUI), driving under the combined influence of alcohol and/or other drugs, driving under the influence per se or drunk in charge [of a vehicle]. Such laws usually (but not always) also apply to boating, piloting aircraft, or driving a bicycle.
First German driving school in 1906, Aschaffenburg.

Historically, guilt was established by observed driving symptoms, such as weaving; administering field sobriety tests, such as a walking a straight line heel-to-toe or standing on one leg for 30 seconds; and the arresting officer's subjective opinion of impairment. Starting with the introduction in Norway in 1936 of the world’s first per se law which made it an offense to drive with more than a specified amount of alcohol in the body, objective chemical tests have gradually supplemented the earlier purely judgmental ones. Limits for chemical tests are specific for blood alcohol concentration or concentration of alcohol in breath.

With the advent of a scientific test for blood alcohol content (BAC), enforcement regimes moved to pinning culpability for the offense to strict liability based on driving while having more than a prescribed amount of blood alcohol, although this does not preclude the simultaneous existence of the older subjective tests. BAC is most conveniently measured as a simple percent of alcohol in the blood by weight. It does not depend on any units of measurement. In Europe it is usually expressed as milligrams of alcohol per 100 millilitres of blood. However, 100 milliliters of blood weighs essentially the same as 100 milliliters of water, which weighs precisely 100 grams. Thus, for all practical purposes, this is the same as the simple dimensionless BAC measured as a percent. Since 2002 it has been illegal in all 50 US states to drive with a BAC that is 0.08% or higher.

The validity of the testing equipment/methods and mathematical relationships for the measurement of breath and blood alcohol have been criticized. (Taylor 2007)

Driving while consuming alcohol may be illegal within a jurisdiction. In some it is illegal for an open container of an alcoholic beverage to be in the passenger compartment of a motor vehicle or in some specific area of that compartment.

The German model serves to reduce the number of accidents by identifying unfit drivers and removing them from traffic until their fitness to drive has been established again. The Medical Psychological Assessment (MPA) works for a prognosis of the fitness for drive in future, has an interdisciplinary basic approach and offers the chance of individual rehabilitation to the offender.

George Smith, a London taxi driver, was the first person to be convicted of drunk driving, on 9 September 1897. He was fined 20 shillings. source
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