Posts Tagged ‘Blood Alcohol Content’

DUI is an acronym for Driving Under the Influence and is used by most of the states, including California and Florida for being lawfully impaired or intoxicated while driving a vehicle. DUI is also known as DWI (Driving While Intoxicated) in eight states, including New York and Texas.
The threshold level for legal intoxication is when a breath, blood or urine test shows a BAC (Blood Alcohol Content) of 0.08%. A motorist with BAC higher than 0.08% is called as a DWI while a DUI is applicable to the motorists with a BAC less than 0.08%
Each year, states are making very strict DUI laws and heftier drunk driving penalties. You could lose your driving license, be put in jail and penalized with huge fees. Simultaneously, you may experience raised car insurance rates and you could land up with a criminal condemnation on your record that will ultimately affect your life, family and work opportunities.
Driving while intoxicated (DWI) is a serious offense so if you or your close ones have been charged with driving drunk, the first thing you should do is to look for an experienced and skillful DWI attorney in your area. Make it sure that the lawyer is well aware of the DWI law in that particular state as different states have their own sets of DWI law.
Here are some key advices which we recommend you to do while facing the DWI charges:

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Whether you require an attorney for marijuana offenses, appeals, DWI/DWAI, traffic ticket offenses, criminal law or real estate advice, Hug Law Firm is one of the most reputed firms in Albany, New York. DWI Attorney Albany at Hug Law Firm, Albany can help you save your precious time, money, and a lot

The Florida DUI laws offer the courts a range of options when dealing with offenders. You could be given some community punishments but it is also likely that you will be sent to jail for a period of time. Repeat offenders will find that the Florida DUI attorneys cannot save them from some of the harshest punishments on the circuit. The Blood Alcohol Content or BAC is one of the most important determinants when it comes to setting the punishment levels. On the first level you have a BAC of between 0.08 and 0.15. In those instances a first offense will send you to jail for a period of time that does not exceed 6 months. You can be sent to jail for 9 months if the BAC is 0.15 or more. The court may impose a fine of between $500 and $1000. In cases where you are driving with a minor below the age of sixteen, then the fine and term of imprisonment will be increased. It is an aggravating feature in this jurisdiction.

Further punishment under the Florida DUI laws

The court might decide to ban you from driving for a minimum of 180 days. The Florida DUI laws might allow you to request a reinstatement but it is important that you follow the rehabilitative programs that are set by the courts. After six months on the suspension bench you can apply for the installation of an ignition interlock device. This is a cost and inconvenience that you will need to meet as an individual. It is meant to be part of the punishment regime that is imposed in all circumstances. However you might be able to benefit from good Florida DUI attorneys who will argue for a reduction in the punishment imposed. Community service is sometimes seen as a better alternative when compared to imprisonment. However going to jail might be the only to ensure that the offender does not endanger members of the public.

There are some assumptions that are made about the Florida DUI laws. First of all you are deemed to have automatically consented to the test for a BAC. You cannot frustrate the court processes by refusing to take the test. Your Florida DUI attorneys will advise you that the court will make negative inferences about your failure to take the test when required to do so. There are different criteria items for drivers that are carrying minors. It is also important that the court has accurate records for the kinds of things that you have been doing over the last ten years. For example if you have a previous conviction under the same rules then this is taken to be an aggravating feature.

In general it can be said that the Florida DUI laws are fair. You know where you stand right from the start. Of course you might need to brush up on the latest regulations before you go into the jurisdiction. Notwithstanding the work of Florida DUI attorneys you should not be driving whilst drunk.

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Driving While Intoxicated (DWI)

When an individual is stopped/arrested upon probable cause that they were driving a vehicle while their blood alcohol level was over the legal limit, two separate sections of Missouri law govern the arrest and suspension/revocation of the driving privilege:

Criminal Alcohol Law

This law deals with the ticket that was issued.  If an individual is convicted of an alcohol offense, the court sends a copy of the conviction to the department, and the proper points are assessed to the individual’s driving record.  Subsequently, an individual’s driving privilege may be suspended or revoked for accumulation of points.

Administrative Alcohol Law

This law initiates a suspension or revocation of the driving privilege if an individual’s blood alcohol content level is over the legal limit.  This is an automatic suspension/revocation (unless appealed and won through the Administrative Hearing or Trial DeNovo process) even if the ticket was disposed of in court or reduced to a lesser charge.

by dbking

Maryland Legislature Passes New Drunk Driving Laws

The legislation requires the Motor Vehicle Administration (MVA) to now impose a one-year driver’s license suspension on a person convicted of either DUI (driving under the influence) or DWI (driving while impaired) more than once in a five-year period. The law allows the MVA to issue restricted licenses for the suspension period if the person participates in the Ignition Interlock System Program (IISP).

The IISP prohibits drivers from driving any vehicle not equipped with the ignition interlock system, and allows the person to drive only to and from school, to and from work or to and from an alcohol/drug treatment program and health care treatment

The legislature also increased the “look-back period”, doubling the length of time, from five to 10 years during which there can be no previous DUI related Probation Before Judgment dispositions in order for the Court to consider a PBJ in the instant case.

Under current Maryland law, drivers with a blood alcohol content (BAC) of between .04 and .08 are usually charged with DWI. Those with a BAC of .08 or higher are normally charged with DUI. A first-time DWI conviction means being faced with up to two months in jail, a 0 fine and a driver’s license suspension of 60 days. Penalties for a first-time DUI are more severe, including up to one-year in jail, up to a ,000 fine and a 45-day or more driver’s license suspension.

A second DUI conviction increases the fine to ,000, a one-year license suspension (followed by one-year of restricted driving privileges) and can mean up to two-years in jail. A second DWI conviction can cost up to 0 in fines and up to a one-year jail term.

The legislature also passed a bill increasing penalties for violating any alcohol restriction on a driver’s license. The misdemeanor violation is now punishable by a fine of 0 and two months in jail.

Aggressive Former Los Angeles Prosecutors defend all criminal charges in court, specializing in Los Angeles County Courts.
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‘It was like being in a washing machine’
Passenger of express bus recalls fateful switching of seats Monday, October 11th, 2010 13:05:00 SEREMBAN: The final moments inside the runaway express bus that crashed into four vehicles in the opposite direction along the North-South expressway near here — leaving 12 people dead — were dramatic and horrifying for the 50-odd passengers.
Read more on The Malay Mail

I totally agree that its is
In reply to ‘It was like being in a washing machine’ : I totally agree that its is about time the Transport Minister and the Director General of the CVLB be made accountable for the loss of lives . Its always the case of we shall look into the matter and then it dies down.What’s the point of looking whether the bus driver had previous summons after the accident. This should be looked into long …
Read more on The Malay Mail

California DUI Penalties

California DUI Law And Penalties

Remember, an experienced California DUI/DWI attorney can help reduce or dismiss the consequences you may face if you are charged with a DUI. If you were charged with a DUI, you will likely be charged with two separate counts of DUI depending on your Blood Alcohol Content: 23152(a) for driving under the influence of alcohol, and a separate charge, 23152(b) for driving under the influence of alcohol with a BAC of .08 or more. An experienced DUI attorney will fight to dismiss at least one of the charges against you.

The following is a summarization of California Vehicle Code §23152. The full text of the law is included at the end of this section.

DUI PENALTIES

First Time Offenders (Misdemeanors) – In California, a first time DUI conviction carries a sentence of at least 96-hours and up to six (6) months of jail time. In addition to the jail time, California law imposes a fine of $390 – $1,000 plus penalty enhancements.

New law effective July 1, 2010 – if you received a DUI in LA County, Tulare County, Sacramento County or Alameda County, the DMV will require you to install an IID for five months or more, per California Vehicle Code 23700.

Second Time Offenders (Misdemeanors) – In California, drivers who have had two (2) DUI violations within 10 years of each other are sentenced to a minimum of 90 days and up to one-year in the county jail. The court will also issue a fine of $390 – $1,000 plus penalty enhancements.

Third and Subsequent Offenses (Misdemeanors) – In California, if a driver is convicted of a third DUI violation within 10 years, the law imposes a sentence of not less than 120 days and not more than one year in county jail. There is also a fine of $390 – $1,000 and the offending driver will have his license revoked plus penalty enhancements.

Additional Sentences – If a person guilty of a DUI injures one other person, the prison sentence is escalated from 90 days to one year of jail time plus penalty enhancements.

If a person guilty of a DUI injures more than one other person, the prison sentence is increased by one-year for each injured person up to a maximum of three (3) additional years.

If a person guilty of a DUI injures has a minor (under the age of 14) in the vehicle when he is arrested, the court may, at its discretion, enhance the punishment by:

Adding an extra 48 hours of continuous jail time for the first offense;
Adding an extra 10 days for the second offense;
Adding an extra 30 days for the third offense; and
Adding an extra 90 days for all subsequent offenses.
FIRST TIME OFFENDER PROGRAM

In California, first time offenders whose BAC was below 0.20, may be ordered to participate in an alcohol abuse program that is at least three (3) months long. The program must involve at least 30 hours of education, group counseling, and individual counseling sessions.

If the BAC is above 0.20, the program must be at least nine (9) months long and involve at least 60 hours of education, group counseling, and individual counseling sessions.

Also, you may be required to place an Ignition Interlock Device on any vehicle you drive

LICENSE SUSPENSION

In California, a person convicted of a DUI will have their license suspended until they have successfully completed the programs described above. Fortunately, a restricted license may be available after a 30 day initial suspension period.

IGNITION INTERLOCK SYSTEM (IID)

In some instances, and at the Court’s discretion, the person convicted of a DUI may have an Ignition Interlock System attached to their vehicle. This system will test the driver’s breath for alcohol and prevent ignition if there is any alcohol on the breath. This system may be attached for up to three years.

New law effective July 1, 2010 – if you received a DUI in LA County, Tulare County, Sacramento County or Alameda County, the DMV will require you to install an IID for five months or more, per California Vehicle Code 23700.

CHEMICAL TEST REFUSAL

While California does not require people suspected of being under the influence to submit to a chemical test, anyone that refuses these tests must be aware that their penalties may be enhanced in the following ways:

First Conviction – An additional 48 hours jail time
Second Conviction – An additional 96 hours jail time
Third Conviction – An additional 10 days jail time
Subsequent Conviction – An additional 18 days jail time
CALIFORNIA VEHICLE CODE § 23152

(a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.

(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person’s blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

(c) It is unlawful for any person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.

(d) It is unlawful for any person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210.

In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

(e) This section shall become operative on January 1, 1992, and shall remain operative until the director determines that federal regulations adopted pursuant to the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. Sec. 2701 et seq.) contained in Section 383.51 or 391.15 of Title 49 of the Code of Federal Regulations do not require the state to prohibit operation of commercial vehicles when the operator has a concentration of alcohol in his or her blood of 0.04 percent by weight or more.

(f) The director shall submit a notice of the determination under subdivision (e) to the Secretary of State, and this section shall be repealed upon the receipt of that notice by the Secretary of State.

Braden & Tucci specializes in California DUI law. Call now to protect your rights.
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New DUI Laws Would Keep Offenders Off The Roads For Years
The penalties for drinking and driving are about to get much stiffer. Governor Arnold Schwarzenegger signed a bill in to law that will allow judges to take away an offenders license for up to ten years in some cases.
Read more on KEYT 3 Santa Barbara