Dui Punishment

Dui? Sometimes, Bad Things Happen to Good People

admin — Tue, 20 Apr 2010 02:28:25 +0000

As long as there are human police officers, injustices always will occur. A

great many police officers feel they have done their job when they arrest a

person for “mere suspicion” of DUI. In some instances, the arrest may be

warranted, but sometimes it isn’t.

Although you may think that just because your Blood Alcohol Level is below

the state limit, usually 0.08%, that you’ll not be arrested for DUI. Wrong!

Actually, you can be arrested for DUI no matter what level of alcohol is in

your bloodstream. Even if you haven’t been drinking at all, if the police

officer observes anything about you that leads him to believe you may have

been drinking, he can arrest you. And then, it’s up to you to prove your

innocence.

For example, let’s say that you just finished a fine meal at your favorite

restaurant and you had a small glass of wine. An overzealous police officer

stops you for a minor traffic violation and smells alcohol on your breath.

He immediately arrests you for DUI, slaps on a set of handcuffs and hauls

you off to jail.

Once you arrive at the jail, you’re photographed and fingerprinted, then

you’re placed in a holding cell, probably along with some pretty unsavory

characters. You’ll wait there for what seems like an eternity and eventually

you’ll go before a local magistrate who will decide what happens next. He

may just assign you a court date and release you, or he may keep you locked

up until you post a cash bail. If you don’t post bail, you’ll sit in jail

until your court date.

Even when you do get out of jail, it will seem like your troubles are just

starting. As a result of your arrest, your car was towed to an impound lot

and when you go to retrieve it, you’ll be faced with paying hundreds of

dollars in towing, storage and administrative fees.

When your court date finally arrives a few weeks later, you need to be

prepared to fight your case by being knowledgeable about the DUI laws of

your state. If everything concerning your arrest wasn’t done properly,

there’s a good chance you can get the case dismissed and all charges

dropped, thereby keeping your record clean. Even if your case does proceed

to trial, your guilt must be proven beyond reasonable doubt. Again, this is

where you need to be aware of the law and what’s legally required for a

conviction.

Keep in mind that the police officer is not your friend. The judge is not

your friend. This is a money-making enterprise for them and they would

prefer to punish you as much as possible, as quickly as possible so they can

move on to the next poor soul who they’ve managed to catch in their snare.

If you don’t know your rights and speak up, they’ll just dish out your

punishment and move on to the next victim. You will have now been

rubber-stamped as a criminal and you’ll have to live with the consequences.

How Dui in Pennsylvania Affects You?

admin — Thu, 15 Apr 2010 04:48:57 +0000

Do not be fooled:

Law Enforcement Officers, Prosecutors and Judges are not looking out for your best interests when you are charged with Driving Under the Influence (DUI). These people are under tremendous pressure from their superiors to make more arrests, get more convictions and hand out stiffer sentences. An offense that may have been overlooked a few years ago may be zealously prosecuted in today’s world. Any time you, a friend or a loved one is charged with DUI, you must take it very seriously!

When you are charged with DUI, or convicted, you are at risk for any or even all of these outcomes:

1. Jail time

2. Criminal record

3. Loss of driver’s license

4. Possible loss of your job

5. Large fines

6. Increased insurance rates

7. Required dependency treatment

8. Points against your drivers license

9. Drivers license surcharges

10. Other punishments that result from a DUI charge or conviction

Pennsylvania DUI Penalties

Implied Consent Laws: Laws demand drivers assumed of driving under the influence to concede to breath, blood, or urine testing for alcohol content are known as “implied consent laws.” Rebuttal carries penalties that can include mandatory suspension of a driving license for up to a year.

Blood-Alcohol Concentration: In Pennsylvania, any driver with a blood-alcohol absorption – or BAC – above .08 percent is measured “per se intoxicated” under the law. Under this statute, this evidence is all that is required for a driver to be convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).

Zero Tolerance Blood-Alcohol Concentration: In all states, “zero tolerance laws” focal point on drivers not of legal drinking age. In Pennsylvania, persons under the age of 21 operating a car with a .02 percent blood-alcohol level or higher than are subject to DUI penalties.

Enhanced Penalty Blood-Alcohol Concentration: In some states there is a more severe punishment for those convicted of DUI with a for the most part high blood-alcohol content at the point in time of arrest; this is commonly .15 to .20 percent above the legal limit. Enhanced penalty laws are not utilized in Pennsylvania.

Administrative License Suspension/Revocation Penalties: These penalties are minimum mandatory penalties obligatory on drivers with a blood-alcohol concentration above Pennsylvania’s maximum tolerable level of .08 percent or drivers subject to the implied consent laws (see above) for refusing to submit to breath, blood, or urine testing for blood-alcohol content. Penalties involve suspension or revocation (meaning transitory or permanent removal) of the driver’s license by the DMV (Department of Motor Vehicles). In Pennsylvania, for the foremost DUI offense the mandatory suspension is 90 days; for the second offense, one year; for the third offense, three years.

Vehicle Confiscation: The penalty of vehicle confiscation for DUI conviction – either everlastingly or temporarily – is a risk in some states, typically for repeat offenders. This is not a penalty option in Pennsylvania.

Ignition Interlock: An ignition interlock device attaches to the condemned DUI offender’s motor vehicle and requires the driver to complete a breath-test before the vehicle will start. While this penalty for DUI conviction is a option in some states, this is not an option in Pennsylvania.

Mandatory Alcohol Education and Assessment/Treatment: Alcohol tutoring and prevention program, treatment for alcohol abuse, and judgment of a person for possible alcohol or drug craving can be required for DUI offenders in Pennsylvania. These steps are often recommended instead of serving a sentence of incarceration or paying fines.

DUI Punishment too harsh?

admin — Sat, 10 Apr 2010 02:38:27 +0000

I just read something about a kid getting a DUI and years ago I personally received two within a 16 month span. The second one I got driving across the street believe it or not. Anyhow, here’s what happened to me as a result.
First DUI, I received a fine and a PBJ. A slap on the wrist. The second DUI is where everything hit the fan. I had to hire a lawyer and pay his costs. I had to pay for an Alcohol Driver Education Program before going to court. During court the judge fiined me around $580 bucks, probation for 3 years and a 6 month alcohol treatment program, which I had to pay for.
This is just the beginning. Since I was found guilty, 12 points go to my license and the MVA gives me a summons. Again, I have to pay a lawyer to try and salvage my license. Outcome was that I got to keep my license with the installation of an interlock device, which I have to pay $55 a month for not including install and uninstall fees.
Wait it still gets better. Since I received the second DUI one month before my probation of my first DUI and had to go back to court for violation of my probation. After speaking with my Probation Officer, again whom I had to pay $65 a month to, she told me not to worry I would be O.K. A month later after my conviction on the secong DUI goes through, a cop comes to my door and arrest me for the Violation of Probation. I get dragged down to Central Booking, a terrible place to be. After three days there I finally get to see a comissioner and she tells me that I had a NO BAIL bench warrant. Meaning I can’t bail out. No bail offered for a DUI arrest? Huh? 3 weeks go by in jail before I even get brought to face the first judge. I was never even given a razor in three weeks to shave. Anyhow, the bring me in front of the judge wearing the same clothes I was arrested in three weeks prior. I tell him my situtation, I show him all the papers of all the treatment I’ve had since my arrest. AA meetings, Education program, treatment program, etc. Mind you I have never committed a crime in my life and graduated from a University. I’m guessing he wasn’t hearing any of it and sentenced me to 6 months in PRISON for a DUI offense. No priors! I appeal the sentence, but of course I still have to go to prison until my hearing comes up. 4 months into my sentence, I’m almost losing my house, lost my job of 14 years and finally get to try and get out of prison. I go in front of the District court judge and he cuts me loose almost right away. Knowing that I’ve already received enough punishment. I finally get released in my DOC clothes and have to walk home from prison. I go back to my boss, who hires me back but has to take my 14 years seniority away from me. Sniority means a lot in a union job.
Still not over because I now have a second DUI conviction and have to go back to another MVA hearing to see what will become of my license. Since my state considers me a repeat offender I automatically lose my license for one year. Then the year after I have to reinstall an interlock device for another year. How will I get to my job, but to drive illegally and jeopardize my life again? I have to live! All in all, after paying $65 to a probation officer for around 4 years, about a year and a half of interlock fees, treatment program fees, education program fees, lawyer fees, losing my license, going to prison I finally get my life back after about $20,000 and 5 years of my life. All for TWO DUI’s
Isn’t this just crazy? I would have been better off just shooting someone. I know I shouldn’t of drank and drove, but this happened years ago when I was younger. However this was way to much punishment. Why can’t they just stick the interlock in offenders cars for two years and call it a day? I could not drink and drive once when that interlock was in my car. This is a very simple solution rather than all of the above!
People die all the time and people shouldn’t be punished on what if’s. Let’s all sue Mickey D’s because they feeding us junk food which is slowly killing us. Let’s arrest poor people because the odds of them doing drugs is inevitable. We should punish people on what they do, not what if’s. My point was exactly that, the initial judge should just order an interlock device installed for a couple of years. However the dumb a**hole was that said they’re easy to go around has never had one on their car. I’m going to carry a little kid around with me to blow in the device when it goes off every 15 minutes? Huh? I’m going to let my friend blow in it? Huh? If I had a sober friend he would be doing the driving. That’s not the way they work. I have to blow in it quite long, plus it continues to go off while you’re driving. I never drank and drove once with the interlock on my car. If I wanted to drink I caught a cab. eEected officials make all the punishment in order make money for themselves!

How to Protect yourself and Maybe Even Get Out of a Dui?

admin — Mon, 05 Apr 2010 03:12:49 +0000

Most times when people are arrested for driving under the influence, the first thing they want to know is how to get out of a DUI charge. Since DUI is a criminal offense, so there’s really no easy answer.

If you’re arrested and charged with DUI, you’ll have to go through a criminal trial and administrative hearings concerning your driving privileges, if you’re not able to make a plea bargain. Trying to handle all of these proceedings by yourself is probably the fastest way to lose your criminal case and your driving privileges at the same time. And you could quite possibly be spending time behind bars.

If you make the mistake of choosing an attorney who doesn’t specialize in DUI, you’re risking your freedom and reputation, since being convicted can result in a harsh jail sentence in many states. Working with an aggressive attorney who knows and specializes in DUI and understands the subject inside and out is the best way to successfully defend yourself against a DUI charge.

Prepare for Your Case – Right from the beginning, most people start thinking about how to get out of their DUI charges. First of all, off you want to get out of your DUI, you should talk with your attorney and find out if a plea agreement is available. In some states, you may be able to plead guilty to a lesser charge and be subjected to lesser penalties. If you can’t arrange a plea agreement, your case will proceed to trial and you’ll be facing the full range of criminal penalties if you’re convicted of DUI charges.

Your Criminal Trial – If you weren’t able to make a plea agreement, your criminal trial will be scheduled to proceed. The best you can make at this stage of the process is to make absolutely sure you’re working with a fully qualified and experienced DUI lawyer. When you have a lawyer that specializes in DUI on your side, you’ll have access to expert witnesses and specific information that can make a big difference during your trial. Expert witnesses can help you by refuting testimony or showing that chemical test results were invalid or unreliable. Your lawyer will have access to many of these types of witnesses, since he’ll have had extensive experience in the field of DUI law. Your lawyer will also know where to look for information that could further assist you during your trial, such as decisions made in previous cases. If, due to financial restraints, you’re fighting this battle with a public defender or a lawyer who doesn’t specialize in DUI defense, you’ll lose out on these benefits and your struggle will be all uphill.

Administrative Hearings – You’ll most likely be required to attend administrative hearings that are held to determine the status of your driving privileges after you have been arrested for a driving under the influence charge. Driving is something most people take for granted, but each state considers it a privilege and not an absolute right, which means that it can be taken away at any time. Some states allow you to appeal a license suspension so that you can continue to drive up until your criminal trial takes place. For example, you may need to drive to get back and forth from your job. Your attorney can work with you concerning this matter to prepare for the appeal hearing. Your attorney can also speak on your behalf during this hearing so that you have a better chance of getting your driving privileges reinstated, even if the restoration is only of a temporary nature. Your lawyer, if he specializes in DUI defense, will know what to say and how to handle your case because of the experience he has in the field of DUI law.

Sentencing – If you’re convicted of driving under the influence, there is no way to get out of the DUI itself, but there is a way that you can minimize the damage and penalties that are placed upon you. Your lawyer can speak out on your behalf before sentencing takes place so that the judge can hear and consider all of the circumstances in your case. This can go a long way towards reducing the severeness of any punishment imposed.

For example, your attorney may let the judge know that you have a disability or that you’re responsible for caring for an elderly parent and therefore must remain out of jail and also be able to retain some, maybe limited, driving privileges. If your lawyer can convince the judge that your incarceration would create a hardship for others, the judge may be lenient and sentence you to other penalties such as alcohol education, community service or probation instead of jail time. Don’t go it alone – Working with a DUI attorney is the best answer to the question of how to get out of a DUI. Experienced professionals have a high degree of knowledge and a great deal of experience in handling DUI cases, so they know how to best present a defense for your specific situation, insuring the minimum punishment. Of course, no one can absolutely guarantee that you will win your case, but having an experienced, aggressive DUI lawyer on your side can make the difference between winning and losing.

What is the punishment for a first offense DUI in California?

admin — Wed, 31 Mar 2010 02:30:35 +0000

I have a clean Record and no Priors this is my first offense. Please helpp Should I hire a attorney, some say its a waste of $ some say to do it. I’m confused

What is the Punishment in CA for a DUI for first offense?

admin — Fri, 26 Mar 2010 03:44:04 +0000

Yes, I made a bad judgement. Now I am scared. Can you tell me what happened to you when you got one?

What is a typical sentence (punishment) for first time dui offender?

admin — Sun, 21 Mar 2010 04:23:53 +0000

Does $1100 in fines and costs, 3 days in jail, 40 hours community service, alcohol counseling and 90 days suspended license seem like too much?

Importantance of Choosing a Good Dui Lawyer

admin — Tue, 16 Mar 2010 02:41:16 +0000

“A Nation Without Drunk Driving.” This is a symposium that will be sponsored by Mothers Against Drunk Driving, or known as MADD as part of the International DUI (meaning Driving Under the Influence) Technology Symposium that would be held on the 19th and the 20th of this month in Albuquerque, Canada. During this symposium, the latest innovations to help out lessen the number of drunk drivers would be showcased. The list would include alcohol-detecting sensors and anklet devices. These actually test the alcohol levels in the skin so much so that the ignition on their vehicles would lock up in case they do detect that a driver is drunk. All these innovations and technologies would be presented by researchers, law enforcement officers, and criminal justice people.

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. DUI laws are quite complicated nationwide. A good lawyer is very important to help you in your defense. Good DUI lawyers are specialists in drunk-driving cases. They try only such offenses, and know the courts and the laws well. There is also a National College of DUI Defense where you can search for DUI attorneys. A good DUI lawyer can guarantee you more than just arguments in court. Since DUI laws are complicated, a good attorney can pick holes in the case against you and, with some technical help, he or she can get you out of the charge with a small penalty.

DUI laws also distinguish between drunken driving and recklessness. If the charges are reduced to recklessness, the penalties are much less severe. Another aspect of DUI defense is the DMV hearing. The DUI lawyer will have to represent you in this separately. The DUI trial and DMV hearings are separate, and you might end up with a suspended license from either trials or both. Again, a good DUI attorney is essential for the DMV hearing as well.

A drunk driving conviction is not a matter of life or death in the literal sense, but a DUI conviction or guilty plea will affect your life. The first and most obvious effect on your life by a DUI conviction is the punishment. Depending on whether you are guilty of a misdemeanor offense or a felony DUI offense, you will pay a fine, potentially lose your license to drive, possibly serve some sort of community service, and maybe serve some time in prison. The punishment escalates if you are convicted of a DUI-related offense for the second time within a certain time frame.

You want a very good DUI lawyer representing you no matter what DUI-related charge you are facing for the obvious fact that you could either actually be innocent of the DUI charges, or even if you were in-fact guilty, a good DUI attorney could have the DUI charges against you dismissed by finding flaws in police procedure and handling of the evidence, or also by finding contamination in the blood or breath tests taken. There are many factors that can affect the results of a blood or breath test. A good DUI lawyer on your side will give you your best chance at showing reasonable doubt. A good DUI lawyer will also be aware of the many potential defenses, strategies and tactics that can be used. Remember, you must be found guilty of the DUI-related offense beyond a reasonable doubt to be convicted.

Santa Cruz students learn about drinking and driving

admin — Thu, 11 Mar 2010 04:22:52 +0000

Santa Cruz students learn about drinking and driving
LIVE OAK — What might have been a typical “Don’t drink and drive” seminar took a sharp turn Tuesday for roughly 100 students at Cypress Charter High School, who got to watch an actual driving-under-the-influence court case involving a UC Santa Cruz student whose blood alcohol level at the time of her wreck was allegedly more than three times the legal limit.

What is the punishment if a Marine is caught DUI & leaving the scene of an accident?

admin — Sat, 06 Mar 2010 03:11:01 +0000

My friend’s ex boyfriend is a marine and after a night of partying he hit a pole with three other passengers in the car. He immediately dashed from the car and let the wounded passengers behind.

Excluding civilian punishment..

What a scumbag…
Typo let=left
Bud W: This occurred last night and shamed on YOU for assuming I would lie about such a serious incident.
What is UCMJ?
I just want to clarify that the injuries were not life-threatening; one passenger received whiplash and an injured back. Another received a bloody nose when her face smashed into the front passenger seat along with bumps and bruises and the last passenger hit his head on the glove compartment and also suffered from minor bumps and bruises.

However the fact that he simply ran away….is very disturbing. It makes me wonder what he would have done if he had hit a pedestrian.
Thanks to the obvious military personnel who answered this question, I’m beginning to understand why he ran away. Now I clearly understand the consequences of his actions.