Posts Tagged ‘Driving Under The Influence Of Alcohol’

California drunk driving accident lawyers have been very encouraged at the decline in the number of accidents caused by DUIs in recent years. Fewer people are likely to be killed in accidents caused by intoxicated drivers compared to what they used to be in the previous decades. However, in recent days, it has been very disconcerting to see a rise in the number of drunk driving accidents in the recent news headlines. All of these have serious implications.

Last month, a United Airlines pilot was found to be intoxicated as he showed up for duty. The pilot was arrested, and the news made headlines around the world. Then, there was the overzealous LazyBoy enthusiast in Minnesota, who fitted his recliner with headlights, a drink holder and a lawnmower engine, downed more than a few drinks, and barreled down the streets. He ended up crashing his recliner into a car. The man’s alcohol level at the time of the crash was 0.29. Fortunately, no one was injured in the accident, and the incident was more of a joke than a safety issue.

In 2008, 11,173 people died in drunk driving accidents. Those numbers were down close to 10 percent from 13,041 in 2007. However, in 2008, intoxicated driving accident fatalities accounted for 32 percent of traffic accident fatalities.
Last year, according to FBI estimates, about one and a half million people were arrested for drunk driving.
There is also an increase in the number of women driving under the influence of alcohol. Between 2007 and 2008, the total number of people arrested for drunk driving dropped around the country. However, the number of intoxicated female motorists involved in fatal drunk driving accidents actually increased in 2008.
According to NHTSA records, the number of motorists aged between 16 and 20 years old killed in accidents involving drunk driving or motorcyclists, increased by 3.9 percent in 2006, compared to 2005.
In the 21 to 34 age group, the number of drunk driving fatalities increased .7 percent during the same period of time.
Stricter laws against drunk driving and the prospect of fines and suspensions have meant a drop in the number of fatalities caused by these preventable accidents. However drunk driving continues to account for a lion’s share of the annual fatalities in the country. For the past few years in a row, citizens driving under the influence has accounted for approximately 30 percent of the country’s annual highway traffic death toll. Every year, we lose an average of 11,000 people to intoxicated drivers.

Preventing drunk driving accidents is often just a matter of designating a sober driver who can take you home after a night of drinking. However, getting the designated driver to remain sober can be a challenge. Many cities in California now have designated driver services that, for a small fee, can pick you up from the venue, and drop you to your home. Services like these are becoming increasing popular in California, and DUI accident lawyers greatly recommend that persons who can’t stop the drinks, hire such services to prevent accidents. Even one intoxicated motorist kept off the streets every day, can be enough to make a difference to these accident numbers.

About the Author:
The Reeves Law Group is a law firm with offices throughout California dedicated to the representation of personal injury victims. Please visit our website at
trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.

Los Angeles DUI defense attorneys are faced with a new challenge in defending drunk driving due to new attempts by California police authorities to fight DUI. Police Departments throughout California are attempting to use social media and online services to make those who get arrested for DUI embarrassed. How do they propose doing it? Criminal Attorneys are informed that their client’s name and photo may be placed on social media sites such as facebook, myspace and LinkedIn.

Fighting DUI cases in California has become increasingly difficult for Drunk Driving Defense Attorneys. This is just another reason why DUI lawyers must take every drunk driving arrest, especially those that involve bodily injury more seriously.

Privacy advocates must work in conjunction with criminal attorneys to curb the overly enthusiastic efforts of Los Angeles Police Department to fight DUI by causing unnecessary shame and embarrassment, when other means of fighting DUI is readily available. Police Department defends its proposed action of placing mug shot of those who get arrested more than once for driving under the influence of alcohol on sites such as Facebook and Myspace, by arguing that such action “saves lives”. It is arguable, however, how causing shame and embarrassment by exposing such individuals to pubic view will save lives. To what extent could law enforcement authorities invade one’s privacy? Is this the beginning of the creation of a database of DUI convictions with their private information and photos available for everyone to see?

Are the authorities attempting to fight DUI cases by making DUI an equivalent of sexual predators whose name are readily available online? To propose that the photograph of everyone who gets arrested for Drunk Driving must be immediately place on social media sites clearly violates the constitutional rights of our private citizens. Criminal Defense Attorneys have long fought for our citizen’s rights to privacy and have played a major role in creating a balance between privacy rights of our citizens and the government’s right to protect the safety of the public. In the context of California Drunk Driving Laws, and for all intents and purposes in the whole United States, there should not be an assumption that everyone who gets arrested for DUI will in fact be convicted of the crime. Also, many times a conviction is the result of plea negotiations between criminal attorneys and prosecutors in DUI courts, where there is not convincing evidence of the arrestee’s guilt.

To cause such embarrassment to DUI arrestees by exposing them to ridicule and shame on social medial sites California Law Enforcement Authorities are clearly invading our citizen’s privacy rights, their right to be secure in their property and belongings, and the presumption of innocence until guilt is proven.

The presumption of innocence does not change for repeat DUI offenders. There is no question that drunk drivers in California are responsible for a large percentage of vehicle related deaths each year. However, defense attorneys argue that the constitutional rights of private citizens should not be abridged in order to curtail the interest of those who intend to drink and drive. We could not correct a wrong with another wrong. If we dont stop this, next thing you know, they will make the license plate of drunk drivers a different color so that everyone knows they have had a DUI, or they could make them place a red flag in their yard, and better yet write it on their forehead drunk driver!

Multiple Police Departments in California have pressed the issue of placing mug shots of DUI arrestee online. This is done in an increased push by law enforcement authorities and various non-profit organizations and anti DUI advocates who have lost loved ones in drunk driving accidents.

DUI Defense requires specialized Knowledge and skill. With the help of our trained attorneys who aggressively defend Drunk Driving charges, avoid jail time and license suspension. Get the most professional Drunk Driving defense in Los Angeles you deserve.

At the Law Offices of Tony M. Seyfi, criminal defense attorney, our goal is victory for our clients in defending DUI cases, and we are confident of our defense strategies. If you would like to discuss your DUI case, call us today for a FREE CONSULTATION and case analysis.

Law Offices of Tony M. Seyfi, Los Angeles, California. Call: 866-533-3363

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Los Angeles Criminal Lawyer || Los Angeles Criminal Attorney

DWI is a term that stands for Driving While Impaired. It indicates the illegal act of operating a motor vehicle while being intoxicated. It is act that violates the commonly-accepted driving laws. Law systems of almost every country have certain prohibitions when it comes to driving under the influence of alcohol and/ or drugs.

A DWI case can give rise to a number of complicated issues as no country deals flippantly with such an issue. Trials can be very hard to handle. Seeking professional assistance is strongly advised if you have to undergo a legal course of action.

DWI attorneys are the best team of lawyers who can get you through this kind of mess. However, you need to be well-acquainted with the predicament of such a case. Even a slight mistake can mar your chances to get a clean chit. Here is an example.

Say, if records show that you had declined to undergo the blood/ breath test, your case can get further complex. This can lead to a separate criminal case on the whole. Choosing the best DWI lawyers in this regard would be the best probable alternative.

There can be several types of DWI cases. Driving While Impaired involves common-law and statutory types of lawsuits.

By common-law system, a person can be charged of DWI on the basis of an officer’s opinion, without any further investigation. A simple indication of a police officer can put a person into deep trouble. In such trial cases, it is not usually a problem to get a clean chit as it is easy to confront such a testimony. Lack of convincing proof and false assumptions are reasons enough to gain an edge in the case.

Statutory driving under intoxication is, on the other hand, a serious version of DWI cases. In this kind, law takes action based on valid proof of alcohol content in your blood. If the alcohol content in anyone’s blood is .08 and more, the person is considered to be intoxicated. This version is more favored as it involves the need of representing firm proofs. Proofs make a case strong and so it is expected to be accused through this version of DWI cases.

Cases of Driving Under Influence, Driving Under Impairment, etc. can get quite knotty with court proceedings. An individual should be very strategic in handling such twisted law systems. All one needs is a strong DWI attorney. Salisbury, MD law system can get real nasty at times. A proficient lawyer can make things easier for you as he is the one who knows the specific implications of the law system.

About the Author:
DWI attorney Salisbury MD – If you have been charged of a DWI case, you must seek help from a proficient DWI case, you must hire a good DWI attorney. Salisbury, MD citizens can approach Marc A. Zeve for expert legal assistance.

Criminal Lawyer Sacramento, The Choyce Law Firm are popular for providing you with excellent guidance and are even experts in handling traffic, criminal activities and DUI cases across northern California. Have you been in an accident, in jail for crime, stopped for a DUI or for a traffic offense? If yes, the you need the experts on your side, The Choyce Law Firm will fight for you to keep you out of jail and safe at home. Having yourself behind bars for any crime or traffic offense will cost you your time and even your money because you will be out of work. Also, more fines can be resulted in DUI crimes such as rejection of license, the device called interlock will be fixed to your vehicle and sometimes even jail for critical situations. In order to give the clients the best support The Choyce Law Firm will fight for you to reduce criminal fine charges or DUI. The team has a good impression as it has handled hundreds of criminal cases, and traffic related cases. It has got a high rate of success for case dismisses and even if the case gets condensed.

Sacramento DUI Lawyer The choice Law Firm is arguably the best and most professional Criminal Attorneys in Sacramento. They deliver splendid and first-rate presentation and never back off from fight. They will explain to you all of your legal rights and they even provide free consultations.

DUI stands for Driving under the influence of alcohol or drugs. DUI Lawyer Sacramento handles these sort of cases with great care and strictly since the city has very strict laws against DUI offenses. Many of the successful defense results are obtained due to promptness. However in this type of offense the client has to submit the police report and provide the necessary information very promptly so that the firm can work on the case quickly at a competitive and affordable price.

DUI Attorney Sacramento The Choyce Law Firm will always be ready to fight for their clients rights and take all necessary measures and precautions to get the best results for their clients.

About the Author:
The Choyce Law Firm specializes in criminal cases, DUI Lawyer Sacramento and they have won hundreds of cases in such field. They know how and when to win a case. For more detial on DUI Attorney Sacramento visit over site.

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