Points on your license, license suspension, higher insurance rates, jail time, expensive fees and humiliation are all apart of being found guilty of a DUI Offense, but with our help, knowledge, and experience, we will work with you to give you the best chance possible at a positive outcome.

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Maryland 21-902 (a) .08% BAC, $1000-1yr (per se intoxicated) PER SE RULE 21-902(b) less than .08% $500-60 days

A breath test of .08 or more will be considered per se under the influence. A test result of .07 or more, but less than .08, will be prima facie evidence that the person is impaired by alcohol. The other inferences and presumptions contained in Courts and Judicial Proceedings Article, § 10-307 remain the same.

A person who is convicted a second time of driving under the influence in violation of § 21-902(a) within 5 years of a prior "a" conviction receives a mandatory one year suspension of their driver's license or privileges. There is no work permit or interlock restriction allowed for the one year. After the year the person is required to put an interlock on all vehicles they own for from 3 months to one year. They are entitled to a hearing for an Adminstrative Law Judge to determine the length of the interlock restriction and whether there is financial hardship involved with installing an interlock on more than one car. Additionally, a second "a" conviction within 5 years of the first carries a mandatory minimum sentence of 5 days incarceration or 30 days community service. A third "a" conviction within 5 years carries a mandatory minimum sentence of 10 days incarceration or 60 days community service. Incarceration includes house arrest or in patient treatment.

There are additional, non-criminal sanction/penalties for driver's license or privilege suspension hearings arising out of arrests for drunk and drugged driving for refusal to submit to a breath or blood test driving under the influence or while impaired; refusal to take testis 120 days for a first offense and one year for any subsequent offense. The penalty for a test result of over .08 is a 45 day suspension for a first offense and a 90 day suspension for a subsequent offense. Under certain circumstances a licensee may be eligible for a restricted license allowing driving to and from employment, during the course of employment, and to and from an alcohol education or treatment program. In some cases, licensees will only be eligible for a restricted license if they agree to the installation of an interlock device in their car.

In order to avoid the potential suspension of an individual's driving privilege, contact a counsel of your choosing to protect your interest.

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For a synopsis of Maine Law , frequently asked questions and sample cases, please visit our web site @ www.nicholswebb.com

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Maine OUI Laws. Maine has very tough OUI laws. The lowest level of OUI in Maine can send you to jail for up to 364 days, put you on probation for up to one year, make you pay a fine of up to $2,000, and take your license for up to eighteen months. A felony OUI involving serious injury or death can send you to jail for years and revoke your license for life. There are many serious penalties between these two ranges. Obviously, few first offenders can expect to see maximum penalties. Even so, the minimum penalties are serious. What is OUI? Whether you call it OUI DWI DUI, it is basically a crime involving drinking and driving while impaired. In Maine it is called OUI. OUI means one or both of two things: First, OUI can be operating or attempting to operate a motor vehicle while under the influence of intoxicants. "Intoxicants" are any substance, including alcohol and both illegal and prescription drugs. You can be "under the influence" if your mental or physical faculties are impaired to the slightest degree, even if you can still safely operate a motor vehicle. Second, OUI can be operating or attempting to operate a motor vehicle when you have a blood-alcohol content (BAC) of .08% or more, regardless of whether you are affected by the alcohol. The Court's Penalties. If you have no prior OUI/DWI/DUI's in any state in the last ten years, you are considered a first offender. A first offense OUI with no aggravating circumstances carries a mandatory minimum penalty of 90 days license suspension and a $500 fine. The first 60 days of that suspension are without a work-only license. If you have aggravating circumstances such as a BAC above .14, a passenger under 21 years of age, excessive speeding (30+ mph over the limit) or an accident, there is a mandatory minimum two-day jail sentence. If you refuse to take a breath or blood test the mandatory minimum sentence is four days in jail and a $600 fine. All fines have substantial surcharges of 20% plus additional fees. Some judges routinely exceed these minimum sentences. A second offense within ten years carries a minimum seven-day jail sentence (twelve days for a refusal), a $700 fine ($900 for refusal), an 18-month license suspension without a work license, and an 18-month suspension of your vehicle registration. A third offense within ten years is a felony. It carries a maximum penalty of five years in prison, a $5,000.00 fine and one year of probation. There is a minimum thirty-day jail sentence (forty days for a refusal), a $1,100 fine ($1,400 for refusal), a four-year license suspension without a work license, and a four-year suspension of your vehicle registration. A fourth offense within ten years, or an OUI involving an accident with a serious injury or death of anyone, is a felony even if the OUI did not cause the injury or death. It carries a possible 5-year sentence and a minimum jail term of six months (six months and twenty days for a refusal), a minimum fine of $2,100 ($2,500 for a refusal), a six-year license suspension without a work license, and a six-year suspension of your vehicle registration. A driver who causes the death of another person because the driver is OUI faces 20 years in prison, a $20,000 fine and a lifetime license suspension. The Bureau of Motor Vehicles. The Secretary of State will suspend the license of a driver with a BAC of .08% or more (or a minor with any detectable BAC) for the periods listed above for convictions. This suspension can happen even before you go to court! This suspension runs concurrently with any suspension imposed for the conviction. This suspension process starts when the officer files a report with the Secretary of State. A hearing must be requested within ten days of the date of suspension. Any suspension imposed will remain in effect, even if you win the criminal OUI charge. If you are 21 years or older and had a passenger under the age of 21, an additional suspension of 275 days will be imposed. If you are under age 21 and had a passenger under 21, an additional suspension of 180 days imposed. Implied Consent laws (Refusals). A breath test is the usual test that is given if it is feasible, otherwise a blood or urine test (urine for drugs). The officer chooses the type of test. There is no right for the driver to choose the type of test. Before determining that a person has refused a test, the officer must advise the person of the penalties for refusing testing and that refusal is admissible in court. If the advisements are not correctly given, the refusal suspension is lifted, any additional penalties noted above are not assessed, and/or the refusal is not admissible in court. If a person chooses to take the test there is no requirement that the officer advise the person of the consequences of refusing. If you refuse a test there is 275-day or license suspension for first refusal, 2 years for second refusal within 10 years; 4 years for third refusal within ten years; and 6 years for fourth refusal within 10 years. You cannot get a work license if you are suspended for a refusal. If you are convicted of OUI, the conviction suspension will be added onto the refusal suspension. A driver under the age of 21 who refuses a test receives a license suspension of 18 months for the first refusal and 30 months for the second refusal. If you refuse the test the state will be allowed to tell the jury or judge that you refused, unless the officer did not properly advise you about the consequences of refusing. Chemical Test Laws. Breath tests must be conducted by persons certified by Department of Health and Human Services and must be performed on equipment approved by that department. A certificate showing test results is admissible in evidence and constitutes prima facie evidence of blood-alcohol level. The rules for test procedures are administrative rules adopted by the Department of Health and Human Services. Disclosure of test information: Full information must be provided to person tested or attorney upon request, after arraignment or filing of the BMV suspension action. You must complete an alcohol evaluation and treatment program to have driving privileges restored.

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Michigan has 3 drinking and driving offenses. Conviction of any one of them will result in a sanction against the driver's license as well as criminal penalties. The severity of the sanction and penalty will depend on whether this is the first offense, a second offense withing 7 years, or a third offense within 10 years. For more details see our web site at http://www.mich-lawyer.com

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Michigan is now a .08 State. (For a detailed explanation of the Michigan law, please visit my web site at www.MI-DUI-Central.com). The penalties increase based on the offender’s prior drunk driving record. In addition to punitive sanctions imposed by the Courts (fines, costs, probation, incarceration and the like), driver license sanctions are imposed by the Secretary of State. Again, these vary depending on the offender’s prior record. For more information see MI DUI Guide at www.MI-DUI-Central.com

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Please visit http://www.michigan-drunk-driving.com for further information, or feel free to browse the information available at our website located at http://www.owidefenselaw.com

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Drunk Driving Offenses arrests occur very frequently in Michigan, any breath alcohol level above 0.07 is punishable by law. The penalties vary depending upon whether the offender has any prior drunk driving offenses on his or her record, as well as the specifics of the situation, such as the actual BAC at arrest. Penalties include anything from fines, probation, driver license sanctions to imprisonment. Everything depends upon the situation of the arrest which can be explored further by an attorney.

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For information regarding drunk driving penalties in the State of Michigan, please refer to the Q & A section of our website (www.constitutionallawcenter.com).

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CONSEQUENCES OF A First CONVICTION OF DRINKING/DRIVING OFFENSE IN MICHIGAN A. Criminal Penalties for Conviction of Operating Under the Influence of Liquor (OUIL), Unlawful Bodily Alcohol Content (UBAC), and Operating While Visibly Impaired (OWI) OFFENSE OUIL, UBAC First Offense- $100.00 to $500.00 fine plus costs. Up to 93 days jail and up to 45 days of Community Service. OWI - First Offense Up to $300.00 fine plus costs. Up to 93 days jail and up to 45 days of Community Service B. Screening and Additional Costs. All convictions for alcohol related driving offenses require the judge to order the defendant to undergo screening for substance abuse, and rehabilitation may be part of any sentence, all at defendant's expense. [MCL 257.625b(5)] In addition, the defendant may be ordered to pay the costs of prosecution. [MCL 257.625(12) ] C. License Suspensions and Restrictions. The maximum possible license sanctions that may be imposed will be based upon the master driving record maintained by the Secretary of State under MCL 257.204. [MCL 257.625b(4)]Sentences and licensing actions also apply to a person convicted of an attempted violation of any of the offenses listed above as if the offense had been completed. [MCL 257.204(b)]. Anyone driving while license suspended or revoked is also subject to license suspension or revocation for a like period of the original suspension or revocation.

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First offense impaired (Operating While Visibly Impaired-OWI) is a 4 point violation, 93 day misdemeanor offense, and will result in a restriction of license (to and from and during work, treatment, probation, community service and support groups) for 90 days. A $125 reinstatement fee is due at the end of restriction. Failure to do so will cause the license to be suspended. Fines and costs, amount dependent on the individual court, are imposed as is alcohol education and community service. First offense intoxicated (Operating While Under the Influence of Intoxicating Liquor-OUIL) is a 6 point violation, with no license whatsoever available for the first 30 days. Thereafter, a restricted license can be issued for a period of up to 6 months. In addition, Michigan has a identical charge called Unlawful Body Alcohol Level(UBAL), .10 or higher per 210 militers of blood. Note the above cases, licensure is governed by the Secretary of State-Drivers Licenses Appeals Division (DLAD) and not the courts. Second offense drunk driving is punishable up to one year in jail under state law and any combination of three violations under section 625 is a felony in the State of Michigan, punishable up to 5 years in prison. In addiiton, OUIL/UBAL/OWI causing Serious Injury is a 5 year felony. OUIL/UBAL/OWI Causing Death is a 15 year felony. If a driver gets any combination of the above, plus other alcohol offenses defined in MCL 257.625 (Unlawful Blood Alcohol Level .02-.07 under the age of 21), the license is mandatorily revoked for one year. THERE IS NO APPEAL WHATSOEVER. Same for any combination of 3 within 10 years. If a licensee gets a another violation of Section 625, during a period of revocation, the license is revoked for a manditory 5 years. NOTE: Multiple violations of the drunk driving law carry manditory impoundments of the vehicle and or forfeiture. It is the burden of the non violating driver to show that they had no knowledge that the operator was driving their vehicle intoxicated to avoid santions. In addition, it is a 90 day misdemeanor to knowingly allow someone to drive your vehicle drunk. Any moving violation (non-alcohol) during a period of revocation, increases the revocation for a like time period. That is if one is revoked for a year and get a speeding ticket, they get an additional year, with credit for the time that they did no violate the law. It is the burden on the licensee, after the period of revocation, to demonstrate, by clear and convincing evidence, that he/she has a period of sustained sobriety and that he/she can safely be returned to the road. In Michigan, at best a licensee, returning to the road after a period of revocation, can get a restricted license to and from work, treatment, serious medical conditions and support groups. They vehicle, by law, must have a DLAD approved ignition interlock system. After a year, the licensee can petition for full reinstatement

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The Law Offices of Eric I. Kutinsky, P.C. will aggressively handle your felony or misdemeanor. Including drunk driving, OUIL, DUI, DWLS, drug possession, domestic abuse, assault & battery, license restoration, traffic ticket and all other legal matters.

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A good summary of Minnesota DWI law can be found at Dave Kelly's web site: http://www.mn-dwi.com. Here you will find a table to estimate what your blood alcohol reading should have been, a page with the waiting periods for getting a limited license, and a copy of the driver's manual chapter you have to study for the "DWI Test" required for getting your license back. You will also find a discussion of the relatively new special "whisky" license plates and the rules for when they can seize your vehicle.

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1. Criminal vehicular homicide or operation, a felony, involves an injury or death in relation to operatin of a motor vehicle, either (a) in a negligent manner plus alcohol or other drugs; or (b) gross negligence. 2. Felony DWI, with commitment to prison for three years or more possible, if there are three or more prior "impaired driving incidents" within ten years. 3. Criminal DWI. Most penalties have been shifted over to the coincident administrative drivers license revocation, which must be challenged with the court in writing within 30 days in order to remove. Prior impaired driving incidents (which include non-criminal drivers license revocations) within ten years, trigger mandatory minimum sentnecing provisions, and can be used to enhance criminal charges to higher maximum penalties. Refusal to consent to a search and provide a bodily fluid or breath sample is a DWI crime, and a more serious one; and triggers a longer administrative license revocation. 4. People recently arrested should call a DWI lawyer from the jail prior to consenting to a search and providing a bodily fluid or breath sample, and to get information on how to get an additional, independent chemical test of urine or blood.

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DWI Laws in Minnesota Drunk Driving, Minnesota OWI, DWI, DUI

Index First Degree DWI Second Degree DWI Third Degree DWI Fourth Degree DWI Mandatory Sentences Vehicle Forfeitures Driver's License Revocation Reinstating Driving Privileges The terms DWI and DUI are synonymous and generally refer to the same offense. It is important to remember that a DWI offense is really two cases in one. There is a criminal case where the accused party faces jail time and fines. There is also a civil case which results in a license revocation or cancellation. This civil revocation is also referred to as an Implied Consent violation under the State's Implied Consent laws. Civil actions may also have additional potential penalties including plate impoundments, and even vehicle forfeitures for repeat offenders. Each part, the civil and criminal cases, have different prosecutors and different court procedures, although the defenses are often very similar. This means that even if you prevail on the criminal part of the case, your driving record may reflect that you have a alcohol related offense that will affect your insurance and/or become an aggravating factor should you have a similar charge in the future. The DWI laws are constantly changing. Each new year brings new legislation and increasingly harsh consequences for DWI offenses. In order to explain why this is significant, a brief overview of the legislature’s recent history may be in order. In 2001, the legislature recodified the State’s DWI/DUI laws to create "degrees" of the offense and took the initiative to carve out new mandatory sentencing guidelines. In 2001, three degrees were crafted which took into consideration "aggravating factors" for charging purposes. (Aggravating factors include a prior impaired driving offense, a prior impaired driving offense with a child under the age of 16 in the car, a license revocation due to an impaired driving offense, and a blood alcohol concentration of 0.20 or greater.) The legislature also extended the "look back" period for enhancement purposes from five years to ten years. In other words, the 2001 amendments allowed prosecutors to increase the degree of the offense (and potential jail time and fines) if the person charged has a prior violation within the past ten years instead of five years. In 2002, the State legislature again amended the law. On August 1, 2002, the DWI laws were amended to add an additional degree creating a felony offense where four or more aggravating conditions exist. That means a person with fourth DWI or DUI offenses or a person with other aggravating factors adding up to four or more, could be charged with a felony offense. In 2004, the laws were again amended. Based on pressure from the federal government to withhold federal highway funding to states that did not enact a lower Blood alcohol threshold, Governor Tim Pawlenty signed a bill into law decreasing the legal per se level for impaired driving to 0.08 on May 27, 2004. The law will become effective August 1, 2005. . Click here for more information on this press conference . The law limits record-keeping for a first offense with a BAC level of 0.08 or more but less than 0.10, if no additional offenses occur, to be purged after a 10 year time period. It also requires collection of certain alcohol-related traffic stop and test results by every law enforcement agency, as well as a summary report to the legislature by the Department of Public Safety. The Office of Traffic Safety has a Minnesota 0.08 Information Sheet available for download. The Minnesota Department of Health has released a policy position fact sheet entitled 0.08 Blood Alcohol Content Level. The position sheet gives information on social drinking and 0.08 BAC level, as well as fatal crash data from other states, before and after adopting the change. Answers to common concerns regarding 0.08 legislation is available here. The degrees of offenses are as follows: First DWI or Implied Consent license revocation in past ten years: Misdemeanor Fourth Degree DWI · Second DWI offense or Implied Consent license revocation in past ten years: Gross Misdemeanor Third Degree DWI · Third DWI offense or Implied Consent license revocation in past ten years: Gross Misdemeanor Second Degree DWI · Fourth or more DWI or Implied Consent license revocation in past ten years: Felony First Degree DW The new laws also create more stringent sentencing parameters for the Cour creating many mandatory minimum criminal penalties for repeat offenders First Degree DWI - §169A.25 A first degree DWI is charged if there are three or more aggravating factors. Aggravating factors may include: A prior impaired driving incident within a 10 year period (this includes DWI license revocations or DWI convictions); Blood Alcohol Content is more than two times the legal limit (.20); Child Endangerment exists (child in the vehicle at the time of offense); A first degree offense is a felony punishable by up to five years in jail and a $10,000 fine. The state will also impound the license plates of the driver and may also seek a forefeiture of the driver's vehicle. That means the State would retain the vehicle without compensation to the owner. Moreover, the statute requires law enforcement to hold the DWI suspect in jail until the first court appearance if: The new DWI violation occurs within 10 years of 3 or more prior impaired driving convictions; or The new DWI violation is the 2nd offense and the defendant is under 19 years of age; The new violation occurs with a Blood Alcohol concentration of .20 or more at the time or within 2 hours of the driving conduct; The New DWI occurs and the driver's license has been cancelled as inimical to public safety. Second Degree DWI - §169A.26 A second degree DWI is charged if there are two aggravating factor. Aggravating factors may include: A prior impaired driving incident within a 10 year period (this includes DWI license revocations or DWI convictions); Blood Alcohol Content is more than two times the legal limit (.20); Child Endangerment exists (child in the vehicle at the time of offense); A second degree offense is a gross misdemeanor punishable by up to a year in jail and a $3,000 fine. . The state may also impound the license plates of the driver and seek to forfeit the vehicle that was being driven . Again, the statute requires law enforcement to hold the DWI suspect in jail until the first court appearance if: The new DWI violation occurs within 10 years of 2 or more prior impaired driving convictions; or The new DWI violation is the 2nd offense and the defendant is under 19 years of age; The new violation occurs with a Blood Alcohol concentration of .20 or more at the time or within 2 hours of the driving conduct; The New DWI occurs and the driver's license has been cancelled as inimical to public safety. Third Degree DWI - §169A.27 A third degree DWI is charged if there is one aggravating factors or if the driver refused to take the breath, blood or urine test and it is a first offense A third degree offense is a gross misdemeanor punishable by up to a year in jail and a $3,000 fine. The state may also impound the license plates of the driver and seek to forfeit the vehicle that was being driven . Again, the statute requires law enforcement to hold the DWI suspect in jail until the first court appearance if: The new DWI violation occurs within 10 years of 2 or more prior impaired driving convictions; or The new DWI violation is the 2nd offense and the defendant is under 19 years of age; The new violation occurs with a Blood Alcohol concentration of .20 or more at the time or within 2 hours of the driving conduct; The New DWI occurs and the driver's license has been cancelled as inimical to public safety. Fourth Degree DWI - §169A.27 A fourth degree DWI is charged if there are no aggravating factors. That means no prior DWI or DWI related license revocations. Additionally the driver cannot have a blood alcohol concentration in excess of twice the legal limit (.20) or have refused to take a test to determine that blood alcohol content. A fourth degree offense is a misdemeanor punishable by up to 90 days in jail and a $1,000 fine. Mandatory Sentences § 169A.275 The new DWI statute also includes mandatory sentences for repeat offenders. 2nd DWI -----------30 days executed jail sentence with a minimum of 48 hour consecutive 3rd DWI------------ 90 days executed jail sentence with a minimum of 30 days consecutive 4th DWI-----------180 days executed jail sentence with a minimum of 30 days consecutive 5th DWI-----------365 days executed jail sentence with a minimum of 60 days consecutive * If you are on probation for a related offense, sentencing is consecutive rather than concurrent. Vehicle Forfeitures The State may seek to retain the vehicle of a driver convicted of a DWI if: The new DWI violation occurs within 10 years of 2 or more prior impaired driving convictions; or The new DWI violation is the 2nd offense in 10 years and the driver's blood alcohol concentration was greater than .20; The new violation occurs with a Blood Alcohol concentration of .20 or more and there is child endangerment (child in the vehicle at the time of offense); The new DWI violation is the 2nd offense and there is child endangerment (child in the vehicle at the time of offense); The New DWI occurs and the driver's license has been cancelled as inimical to public safety. This is called a forfeiture action. In a forfeiture the state may retain the vehicle so long as any security interests against the vehicle are satisfied. No payment is made to the owner. In order to forfeit a vehicle the State must be able to demonstrate that the drunk driver is the registered owner of the vehicle or that the owner of the vehicle knew or should have known that the driver intended to use the vehicle unlawfully (while intoxicated or without a valid driver's license). License Suspensions/Revocations As previously stated, a DWI may have civil penalties in addition to the criminal penalties. Civil penalties included license revocations. Minnesota Statutes empower the Commissioner of Public Safety to revoke the person's license or permit to drive, or nonresident operating privilege as follows: For a period of 30 to 90 days for a first offense with a blood alcohol concentration less than .20; For six months if the driver is under the age of 21 years; For 180 days if the driver has had a qualified prior impaired driving incident within the previous ten years; For 180 days for a first offense with a blood alcohol concentration .20 or greater For 360 days if the driver has had a qualified prior impaired driving incident within the previous ten years and the blood alcohol concentration of the current offense is.20 or greater. When a nonresident's privilege to operate a motor vehicle in this state has been revoked or denied, the commissioner reports the Minnesota license revocation to that driver's home state which usually results in the revocation of driving privileges in the home state as well. Reinstating Driving Privileges To reinstate your driving privileges, you will have to jump through a number of administrative hoops. You will be required to pay additional fees on top of any fines you may have received in the criminal case. To reinstate your driving privileges you must: Written Test. You must pass a written test that has specific DWI related questions. The Minnesota DWI test is based on Chapter 4 of the Minnesota Driver's Manual. You should obtain a copy of this manual for review before taking the test. To find a driver's license written test site near you, Click Here. Reinstatement Fee. There is a reinstatement fee of $680.00 as of July 1, 2003, Application. You must also fill out an application to reinstate your license and pay another $18.50 as a reapplication fee. In addition to the requirements above, persons with multiple DWI offenses may be required to comply with additional conditions including attendance at a DWI seminar, providing documentation of AA attendance, completing treatment and after care programs, and remaining abstinent from alcohol for more than a year. For legal representation call 952.746.2153 or ASK-A-LAWYER Online

Bulletin Board Ask a question or review postings on our Family Law Bulletin Board Ask-A-Lawyer Ask-A-Lawyer your legal question Review Of Vehicle Sanctions Plate Impoundment Download Criminal Laws Review Minnesota's Criminal Statutes including crimes and penalties Links Review links to DWI & Criminal Defense Resources including Blood Alcohol Content Calculators and Forensic Evidence Criminal Defense Library Review our reference library regarding issues related to your criminal defense.

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Missouri is a very conservative state, and especially so in the area of DWI law. The most of the Missouri statutes that effect DWI cases and the loss of the driving license can be found in Sections 577 and 302.

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please see our website at http://www.nortonhare.com Norton Hare, LLC focuses on DUI/Traffic, Criminal Defense, Personal Injury and Domestic Relations cases. All of our lawyers are members of and have been trained by the National College for DUI Defense. For more information about our firm and how we can assist in your Missouri DUI, please visit our website http://www.nortonhare.com. Our law firm has put together a book that we give to Missouri DWI clients, and we have reproduced it online at http://www.nortonhare.com/Missouri_DWI.htm. Although it was written by one of our attorneys, credit must be given to the many brilliant lawyers that we have had the pleasure of discussing this subject with over the years, and especially the attorneys at the National College for DUI Defense. It is from those people that we have developed many of our ideas concerning DWI defense. For information on how to choose the best Missouri DWI attorney for you, please refer to our firm's website. It must be stressed that none of the information contained in the documents at the site should be construed as legal advice, nor does it create any attorney-client relationship between Norton Hare L.L.C. and the reader. We are providing it purely for informational purposes regarding DWI law in the state of Missouri. This information is copyrighted by Norton Hare L.L.C., and all rights therein are reserved. Do not download, copy, distribute or otherwise reproduce this information except in the form that it is presented here and with proper credit given to Norton Hare L.L.C. Further, this information in no way represents the totality of the law and issues related to Driving While Intoxicated in Missouri. It is but a brief overview. It is certainly no substitute for the advice of an attorney, and no person should undertake the awesome challenge of a DWI defense case without competent counsel. Please check with an attorney. A Brief Guide to Missouri DWI Law Table of Contents: Preface to Missouri DWI Law Introduction to Missouri DWI Law Getting Stopped for DWI in Missouri Signs of Intoxication Field Sobriety Tests Implied Consent Advisories The Breath Test The Blood Test The Urine Test Refusal of Chemical Testing The Criminal Justice System Administrative Driver's License Suspensions Offenses Related to Missouri DWI Non-Judicial Penalties for DWI in Missouri (Also Titled: What Does it Really Cost to Plead Guilty) Conclusion This section deals only with the criminal case and does not address the civil or administrative action against your driver's license. Further, this section deals only with the judicial penalties for the criminal offense of DWI. There are many non-judicial penalties that will follow a no contest plea, guilty plea, or conviction for a DWI. These include increased insurance costs, problems renting cars, and job-barriers. The non-judicial penalties will be addressed in a separate section, as well. Please fill out our electronic form and submit it to Norton Hare, L.L.C. for a free contact from one of our attorneys regarding your defense in a DUI/DWI case. TWO TYPES OF DUI: As discussed earlier, there are two separate ways for the prosecutor to prove a DWI case: (1) By proving that the defendant was a less safe driver due to impairment by alcohol and/or drugs (including prescription or non-prescription drugs) by using the officer's observations, including manner of driving, field sobriety tests, the smell of alcohol, etc. (2) By proving that the defendant was driving a vehicle at a time when his blood alcohol level was .08 or greater. The prosecutor must prove beyond a reasonable doubt that the test the defendant was given was a valid test and administered properly. The second type of DWI, is actually known as a BAC, for "Blood Alcohol Content", and requires a blood, breath or urine test. The ramifications of a conviction for a BAC may be different than for a DWI. In a refusal case, the prosecutor has no choice but to pursue the first type of "traditional" DWI case. As of April 2003, if a person who holds a CDL is convicted of a DUI, DWI, or is suspended administratively for a test failure, the driver will lose his CDL for one year on the first occurrence and LIFETIME on the second occurrence. This applies even if the person was driving his OWN non-commercial vehicle and was not working when arrested. Also, CDL holders are not eligible for diversion. PENALTIES: The penalties for driving under the influence depend on whether one has had a prior "alcohol related law enforcement contact". A prior alcohol related contact includes, among other things, a refusal to submit to testing, administrative suspension/revocation, and DWI or BAC convictions from Missouri or another state. Missouri has two important windows of time: 5 years and 10 years. This calculation is made based on the date of the prior conviction to the date of the current arrest. SUSPENDED IMPOSITION OF SENTENCE: Before we talk about the penalties of conviction it is necessary that we look at disposition known as a "Suspended Imposition of Sentence", most commonly referred to as a "S.I.S.". An SIS is an option by which the defendant admits guilt to the DUI or another offense, but is not formally convicted. Whether a person is granted a SIS or not is up to the judge. Generally, a SIS is an agreement between the defendant and the prosecutor in which the defendant agrees to accept responsibility for the crime, agrees not to violate any laws for one year, not to drink alcohol for some period of time (usually one or two years), not to go to places that serve alcohol except sporting events and restaurants, and to take random urine samples to insure compliance. The defendant must also attend the SATOP class (discussed below), and do anything else requested by an alcohol counselor, probation officer or prosecutor. The prosecutor agrees that, if the defendant holds up her end of the bargain, the charges will be dismissed at the end of the probationary period. A SIS does not result in a criminal suspension of driving privileges and is not a conviction. However, one could still have his driving privileges suspended in the administrative (civil) proceedings. A SIS is considered a "conviction" should the person get a subsequent DUI within ten years. A SIS may be denied to anyone who has had a prior conviction or diversion for anything, that tested at over a .20 on the breath or blood test, or that was particularly rude or aggressive toward the arresting officer. SATOP: SATOP stands for "Substance Abuse Traffic Offender" and everyone who has a SIS, is convicted for DWI/BAC, or who gets an alcohol related suspension/revocation must complete the class before he or she can be successfully discharged from a criminal sanction and get his or her driver's license reinstated. The class presents alcohol and drug education and treatment and is available all over the state of Missouri. There are three levels of SATOP: (1) Offender Education Program (OEP): This level consists of 10 hours of education which can be done on a weekend day or over a couple of weekday nights. It costs about $200.00. (2) Weekend Intervention Program (WIP): This consists of 48 hours locked down in a secure facility in which treatment and education is provided. It costs about $400.00. (3) Clinical Intervention Program (CIP): This level consists of about 50 hours of outpatient treatment, including individual and group therapy. It costs about $800.00. Conviction: A person that pleads no contest, pleads guilty or is convicted at trial is subject to the following judicial penalties: DWI FIRST OFFENSE: Conviction of a first DWI is a Class B misdemeanor. JAIL: Up to a maximum of six (6) months imprisonment. FINE: Up to $500.00. Court costs may also be between $10.00 and $100.00. PROBATION: The general terms of probation are no drinking, do not break the law, go to SATOP, etc. Probation usually lasts 1 to 2 years. A conviction with probation is commonly referred to as a "Suspended Execution of Sentence" or SES. SUSPENSION OF DRIVING PRIVILEGES: A criminal conviction of a first time DUI results in a 30 day suspension of driving privileges followed by a 60 restriction to driving only to and from work, in the course of employment, or to alcohol treatment. There are no hardships or exemptions available. This suspension goes on the person's driving record. The court may also require that a person be restricted to driving a motor vehicle which has an ignition interlock device while on probation. The device costs $50.00-100.00 to install and $50.00-$75.00 per month to maintain. A conviction will result in 8 points being assessed against the driver's license. DWI SECOND OFFENSE: Conviction of a second DWI within a five yeaar period is a Class A misdemeanor. JAIL: Up to a maximum of one year in jail. FINE: Up to $1,000.00, plus court costs of between $10.00 and $100.00. PROBATION: Only after a person has served a mandatory minimum of 48 hours of incarceration are they eligible for probation. The jail requirement may be waived in lieu of doing 10 hours of community service. The terms of probation are standard: no breaking the law, no drinking, no going to places where alcohol is served, attend SATOP, etc. Court ordered AA meetings, outpatient treatment, or inpatient treatment programs are also a possibility. Probation will often be for a one or two year period. REVOCATION OF DRIVER'S LICENSE: A criminal conviction of a second time DWI within 5 years results in a five (5) year revocation of driving privileges. A hardship license may not be applied for until 2 of the 5 year revocation has been served. This suspension goes on the person's driving record. 12 points are assessed against the driver's license regardless of how old the first DWI conviction was. The court must also require that a person be restricted to driving a motor vehicle which has an ignition interlock device while on probation. The device costs $50.00-100.00 to install and $50.00-$75.00 per month to maintain. DWI THIRD OR SUBSEQUENT OFFENSE: Conviction of three or more DWI's within 10 years results may mean that the driver is deemed to be a "Persistent Offender" and guilty of a Class D Felony. There will also be a 10 year denial of driving privileges. JAIL: Up to five (5) years in prison. FINE: Up to $5,000.00, plus court costs of between $10.00 to $100.00. PROBATION: Missouri law prohibits a suspended execution of sentence for a felony DWI. The court may suspend execution of sentence after 10 days in jail or 60 days of community service. The defendant is then placed on a probation. REVOCATION OF DRIVING PRIVILEGES: Upon a third or subsequent criminal conviction for DWI, the defendant's driver's license is revoked for 10 years regardless of how old the two prior convictions are. These suspensions go on the person's driving record. If convicted of a felony DWI, no hardship license is available. If the DWI is a third, but not a felony, a hardship license may be applied for after 3 years. The court must also require that a person be restricted to driving a motor vehicle which has an ignition interlock device while on probation. The device costs $50.00-100.00 to install and $50.00-$75.00 per month to maintain. PLEA BARGAINING: Sometimes a prosecutor can be convinced that a DWI conviction is unlikely at trial and he or she will agree to reduce the DWI charge to another offense, such as "Careless and Imprudent Driving" or "Improper Lane Change". The penalties, probation or SIS requirements may or may not be the same as those suffered under a DWI disposition, but the person's driving record will not reflect a DWI. EXPUNGEMENT: Missouri law provides that a person may have a one-time alcohol related offense, either a DWI or BAC, expunged from his or her driving record after ten (10) years have passed from the date of conviction. The driver must file an application in the court of conviction and must not have had any other alcohol related contacts during the 10 year period. Administrative driver's license actions may not be expunged.

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SUMMARY OF MISSOURI DRIVING UNDER THE INFLUENCES STATUTES

Prohibited Vehicular Activity

Operation: A person commits the crime of “driving while intoxicated” if he operates a motor vehicle while in an intoxicated condition. 577.010, RSMo. 2000. NOTE: “actual physical control” has not been the standard in Missouri DWI cases since 1996.

It must always be shown that the driver drove or operated a vehicle. 577.001.1, RSMo 2000 states: “as used in this chapter, the term ‘drive’, ‘driving’, ‘operate’, or ‘operating’ means physically driving or operating a motor vehicle.”

Operation can be proven where any subject turns on a vehicle or otherwise engages the machinery of the vehicle. For instance, a person may be deemed to be operating a motor vehicle where the engine is running with the driver asleep in the car, pulled over on the side of the road. Cox v. Dir. Of Revenue, 98 S.W.3d 548 (Mo. Banc 2003); State v. Wiles, 26 S.W.3d 436 (Mo. App. S.D. 2000); State v. Mitchell, 77 S.W.3d 637 (Mo. App. W.D. 2002).

Or similarly, a person steering a moving vehicle down a hill, out of gas with the engine off, is “operating” for the purposes of the statute. Herr. v. Dir. Of Revenue, 134 S.W.3d 686 (Mo. App. E.D. 2004).

Further information on operation: http://missouri-dui-dwi-defense.com/Missouri-DUI-DWI-Lawyer/Missouri-DUI-DWI-BAC-Common-Driver-Questions-Elements-Driving-Operation-Vehicle-Intoxicated.shtml

Covered Vehicles or Devices:

The term “Motor vehicle” is not defined in the Missouri DWI statutes. However, it seems clear under recent Missouri caselaw that any motorized vehicle will suffice for these purposes. There are also separate statutes for Boating While Intoxicated cases, where a motor is not even required. Golf carts, ATVs and mini-bikes have all been deemed valid “motor vehicles” for Missouri DWI purposes. Covert v. Dir. Of Revenue, 151 S.W.3d 70 (Mo. App. E.D. 2004); State v. Laplante, 148 S.W.3d 347 (Mo. App. S.D. 2004); State v. Bailey, 140 S.W.3d 260 (Mo. App. S.D. 2004).

Covered Locations:

You do not have to be driving a motor vehicle on a “highway” to receive a DWI in Missouri. Missouri caselaw provides a person may be guilty of DWI anywhere in the state, despite language in the implied consent warning using language of “upon public highways of the state.” Private roads, private property, parking lots, etc. are all fair game. Bertram v. Dir. of Revenue, 930 S.W.2d 7 (Mo. App. W.D. 1996); Peeler v. Dir. of Revenue, 934 S.W.2d 329 (Mo. App. E.D. 1996).

Intoxicated:

It must be shown that a subject is intoxicated for a Missouri DWI charge, 577.010 RSMo., or possessing a blood alcohol concentration in excess of 0.08% or higher (without having to show any intoxication) for a BAC case (excessive blood alcohol content) pursuant to 577.012 RSMo. Any intoxication that in any manner impairs the ability of a person to operate a motor vehicle is sufficient to sustain a conviction under the Missouri DWI statute. State v. Raines, 62 S.W.2d 727, 729 (Mo. 1933).

Driving While Intoxicated Offenses:

DWI (driving while intoxicated) “A person commits the crime of “driving while intoxicated” if he operates a motor vehicle while in an intoxicated or drugged condition. Section 577.010, RSMo. 2000.

BAC (excessive blood alcohol content) (The “per se” law) (subject has a blood alcohol concentration of 0.08% or higher. Section 577.012, RSMo. 2000. (0.08% BAC equals grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. 577.037.).

Driving while intoxicated (drugs) 577.010 lists being under the influence of a drug in the DWI statute. State v. Wilson, 846 S.W.2d 796 (Mo. App. S.D. 1993); State v. Scholl, 114 S.W.3d 304 (Mo. App. E.D. 2003); State v. Falcone, 918 S.W.2d 288 (Mo. App. S.D. 1996); State v. Walter, 918 S.W.2d 927 (Mo. App. E.D. 1996); Johnson v. Dir. Of Revenue, 168 S.W.3d 139 (Mo. App. W.D. 2005); State v. Friend, 943 S.W.2d 800 (Mo. App. W.D. 1997); State v. Walter, 918 S.W.2d 927 (Mo. App. E.D. 1996).

302.505 (DWI Under 21) If under 21, zero tolerance rules apply. 302.505 provides the per se alcohol limit for a minor to be DWI is 0.02% BAC. The under-aged driver is facing license suspension under zero tolerance, but there is currently no criminal sanction for under-aged DWI in Missouri.

Commercial Motor Vehicles If the case involves a commercial motor vehicle, “if there is .04 percentage or greater by weight of alcohol in his or her blood.” 302.780 RSMo 2000. Commercial driver will be placed out of service for 24 hours if any alcohol is found in their system. 302.755. For more information on Commercial Driver’s Licenses (CDLs) in Missouri DWI Cases http://missouri-dui-dwi-defense.com/Missouri-DUI-DWI-Lawyer/Missouri-DUI-DWI-BAC-Commercial-Driver-Licenses-CDL.shtml

Other Criminal Offenses Involving Under the Influence Offenses:

The main criminal felony driving offenses in Missouri are: DWI Persistent Offender— RSMo. Section 577.023; Assault Second Degree— RSMo. Section 565.060(4); Involuntary Manslaughter— RSMo. Section 565.024; Murder Second Degree— RSMo. Section 565.021; Leaving the Scene of a Motor Vehicle Accident— RSMo. Section 577.060; Felony Driving While Revoked or Suspended— RSMo. Section 302.321; and Felony Operation of a Motor Vehicle Without a Proper License— RSMo. Section 302.020.

For More information Click here: http://missouri-dui-dwi-defense.com/Missouri-DUI-DWI-Lawyer/Missouri-DUI-DWI-BAC-Felony-driving-offenses.shtml

Degree of Impairment Required:

Any intoxication that in any manner impairs the ability of a person to operate an automobile is sufficient to sustain a conviction for DWI. State v. Raines, 62 S.W.2d 727, 729 (Mo. 1933). A chemical test result at or above 0.08% BAC is required for a conviction for “BAC” (the “per se” law).

Penalties for Driving Under the Influence Offenses:

First offense (Class B Misdemeanor) up to 6 months is jail, up to $500.00 fine.

Second offense (Class A Misdemeanor, “prior offender”) two offenses in five years enhances up to prior offender: up to one year in jail, up to a $1000.00 fine.

Third offense (Class D Felony, “persistent offender”) three offenses in ten years: up to five years in jail, up to a $5000.00 fine.

NEW IN 2005: Section 577.023 RSMo.:

Fourth offense aggravated offender (Class C Felony) up to seven years in jail, up to a $5000.00 fine.

Fifth offense chronic offender (Class B Felony) not less than five years nor more than 15 years in prison.

An "aggravated offender" is a person who:(a) Has pleaded guilty to or has been found guilty of three or more intoxication-related traffic offenses; or (b) Has pleaded guilty to or has been found guilty of one or more intoxication- related traffic offense and, in addition, any of the following: involuntary manslaughter under subdivision (2) or (3) of subsection 1 of section 565.024, RSMo; murder in the second degree under section 565.021, RSMo, where the underlying felony is an intoxication-related traffic offense; or assault in the second degree under subdivision (4) of subsection 1 of section 565.060, RSMo; or assault of a law enforcement officer in the second degree under subdivision (4) of subsection 1 of section 565.082, RSMo;

(2) A "chronic offender" is: (a) A person who has pleaded guilty to or has been found guilty of four or more intoxication-related traffic offenses; or (b) A person who has pleaded guilty to or has been found guilty of, on two or more separate occasions, any combination of the following: involuntary manslaughter under subdivision (2) or (3) of subsection 1 of section 565.024, RSMo; murder in the second degree under section 565.021, RSMo, where the underlying felony is an intoxication-related traffic offense; assault in the second degree under subdivision (4) of subsection 1 of section 565.060, RSMo; or assault of a law enforcement officer in the second degree under subdivision (4) of subsection 1 of section 565.082, RSMo; or (c) A person who has pleaded guilty to or has been found guilty of two or more intoxication-related traffic offenses and, in addition, any of the following: involuntary manslaughter under subdivision (2) or (3) of subsection 1 of section 565.024, RSMo; murder in the second degree under section 565.021, RSMo, where the underlying felony is an intoxication-related traffic offense; assault in the second degree under subdivision (4) of subsection 1 of section 565.060, RSMo; or assault of a law enforcement officer in the second degree under subdivision (4) of subsection 1 of section 565.082, RSMo;

Penalties for Other Criminal Offenses Involving Under the Influence Offenses:

See “felony driving offenses” above. More information: http://missouri-dui-dwi-defense.com/Missouri-DUI-DWI-Lawyer/Missouri-DUI-DWI-BAC-Felony-driving-offenses.shtml

Implied Consent Laws:

Tests permitted: Blood, breath or urine – two samples as directed by law enforcement. Subject does not get to choose which test to take. 577.020.1. Krakover v. Dir. Of Revenue, 128 S.W.3d 589 (Mo. App. E.D. 2004); Dotzauer v. Dir. Of Revenue, 131 S.W.3d 371 (Mo. App. E.D. 2004); Murphy v. Dir. Of Revenue, 136 S.W.3d 141 (Mo. App. S.D. 2004); Kiso v. King, 691 S.W.2d 374 (Mo. App. W.D. 1985; State v. Brown, 804 S.W.2d 396 (Mo. App. 1991).

Type of advisement required: Of implied consent law requirements; of penalties for refusing testing

Unlike many states, in Missouri there are two separate civil proceedings where a driver might get his or her license suspended for DWI. There are administrative hearing proceedings, governed by 302.500-302.345, RSMo, for those drivers who gave a chemical test above the applicable legal limit.

There is also a separate civil license suspension hearing for chemical test refusal cases, governed by 577.020 and 577.041. First offense administrative proceedings (where the driver gave a chemical sample over the limit) are 90-day license suspensions; one year for any case where there is a prior offense within the last five years. There is a one-year license suspension for any chemical test refusal case.

For more general information:http://missouri-dui-dwi-defense.com/Missouri-DUI-DWI-Lawyer/Missouri-DUI-DWI-BAC-Law-General-Offense-Categories.shtml

Admissibility of refusal: The driver’s refusal to take field sobriety tests or a refusal to take requested chemical tests are admissible against him or her. Cain v. Dir. of Revenue, 130 S.W.3d 1 (Mo. App. S.D. 2003). Edmisten v. Dir. of Revenue, 92 S.W.3d 270, 274 (Mo. App. W.D. 2002); Hockman v. Dir. of Revenue, 103 S.W.3d 382, 385 (Mo. App. W.D. 2003); State v. Myers, 940 S.W.2d 64, 65 (Mo. App. S.D. 1997); State v. McCarty, 875 S.W.2d 622, 623 (Mo. App. S.D. 1994); RSMo. Section § 577.041; State v. Rose, 86 S.W.3d 90 (Mo. App. W.D. 2002); State v. Williams, 847 S.W.2d 111, 113 (Mo. App. W.D. 1992)

Implied Consent Laws – Accidents Involving Death or Serious Injury Tests permitted: Any two test of the driver’s blood, breath or urine are permitted in any Missouri DWI case. Subject does not get to choose which test to take. 577.020.1. Krakover v. Dir. Of Revenue, 128 S.W.3d 589 (Mo. App. E.D. 2004); Dotzauer v. Dir. Of Revenue, 131 S.W.3d 371 (Mo. App. E.D. 2004); Murphy v. Dir. Of Revenue, 136 S.W.3d 141 (Mo. App. S.D. 2004); Kiso v. King,691 S.W.2d 374 (Mo. App. W.D. 1985; State v. Brown, 804 S.W.2d 396 (Mo. App. 1991).

Rules Governing the Administration of Chemical Tests in Missouri

Chemical tests in Missouri must be performed in accordance with Missouri Department of Health Regulations 19 CSR 25-30.080. To lay a proper foundation for a breath test in a Missouri DWI trial, the State must be prepared to show that the chemical test was administered by an officer holding a valid Type II or Type III permit issued by the Department of Health, that the chemical testing machine was approved by the Department of Health, that the chemical test was administered in accordance with the guidelines established by the Department of Health, and that a maintenance test had been performed on the breath testing machine by a Type II permit holder within 35 days preceding the chemical test. Tidwell v. Dir. of Revenue, 931 S.W.2d 488 (Mo. App. S.D. 1996).

Blood-Drawing Statute:

There are both Missouri statutes and Missouri Department of Health regulations regarding blood draws in Missouri DWI cases. Missouri Department of Health Regulation 19 CSR 25-30.070(1) requires that “(b)lood samples shall be taken in accordance with the provisions of sections 577.029”

RSMo. 577.029 provides that:

“A licenses physician, registered nurse, or trained medical technician at the place of his employment, acting at the request and direction of the law enforcement officer, shall withdraw blood for the purposes of determining the alcohol content of the blood, unless such medical personnel, in his good faith medical judgment, believes such procedure would endanger the life or health of the person in custody. Blood may be withdrawn only by such medical personnel, but such restriction shall not apply to the taking of a breath test, a saliva specimen, or a urine specimen. In withdrawing blood for the purposes of determining the content thereof, only a previously unused and sterile needle and sterile vessel shall be utilized and the withdrawal shall otherwise be in strict accord with accepted medical practices. A nonalcoholic antiseptic shall be used for cleansing the skin prior to venapuncture. Upon the request of the person who is tested, full information concerning the test taken at the direction of the law enforcement officer shall be made available to him.” Id. (Emphasis added).

The State has the burden of proving absolute and literal compliance with the provisions of RSMo. 577.029 before a blood test result may be admitted into evidence. State v. Setter, 763 S.W.2d 228, 230 (Mo. App. 1988). Furthermore, “(r)ules of a state administrative agency which have been duly promulgated pursuant to proper delegated authority have the full force and effect of law.” Woodall v. Dir. of Revenue, 795 S.W.2d 419 (Mo. Ct. App. 1980). “Missouri courts have previously determined that the state must demonstrate absolute and literal compliance with statutory provisions contained in Chapter 577 regulating the manner in which blood alcohol tests are administered prerequisite to introducing the test results into evidence. See Setter, supra. These statutory enactments serve as “a substitute for the common law foundation for the introduction of evidence of analysis for blood alcohol, and are mandatory. State v. Peters, 729 S.W.2d 243, 245 (Mo. App. 1987). Similarly, where the Missouri Department of Health has enacted regulations concerning the proper methods of conducting blood alcohol tests as authorized by Chapter 577, including urine analysis, the State must demonstrate absolute and literal compliance with these regulations prerequisite to introducing the test results into evidence.” State v. Regalado, 806 S.W.2d 86, 88 (Mo. App. 1991).

Independent Test Statute:

Missouri law provides that a driver, once they have taken the chemical test requested by the law enforcement officer, may request an independent test at his or her own expense. § 577.020.5, RSMo.

Pursuant to § 577.020.5, RSMo, a subject who is arrested for DWI and submits to test at the direction of the law enforcement officer has a right to obtain an independent test by a physician, qualified technician, chemist, registered nurse, or other qualified person, at the choosing and expense of the person to be tested. Pierce v. Dir. of Revenue, 51 S.W.3d 888 (Mo. App. W.D. 2001).

It is important to note that the police do not have to inform this driver of this right under the law unless the driver knows to ask for it. The statute also does not allow the driver to choose which chemical test to take, and if the driver refuses to take the chemical test requested, he or she then waives the right to a separate test at his or her own expense, and will be deemed to have “refused.” Turner v. Dir. of Revenue, 829 S.W.2d 671 (Mo. App. W.D. 1992).

Plea Bargaining Statute:

None

Rules for Civil Administrative Hearings v. Refusal Hearings

As noted above, there are two separate civil license suspension hearings possible in Missouri, depending on whether or not a chemical test was taken, and failed, or whether or not the driver allegedly refused a chemical test.

Breath Test Administrative Hearing Cases. Regarding civil license suspensions where the driver gave a chemical test and the result was above the applicable legal limit, the issues in this type of administrative proceeding are whether there was probable cause to arrest the subject for some type of alcohol-related traffic offense and whether the subject was driving with a BAC at or above the legal limit. House v. Dir. of Revenue, 997 S.W.2d 135 (Mo. App. S.D. 1999).

In these types of cases, the driver is required to receive a notice of suspension revocation (Form 2385) if the test results are available at the time of arrest, (or it can be later mailed if the results are not available until later), and the sworn report of the officer must be filed with the Missouri Director of Revenue.

If the driver wishes to challenge the suspension/revocation of his or her driver’s license for submitting a chemical test over the legal limit, a request for administrative hearing must be filed within 15 days of being served the notice, whether the service was in person or otherwise. There are no exceptions to the 15 day filing rule, and requests that are not timely filed will be denied. Darr v. Dir. of Revenue, 897 S.W.2d 697 (Mo. App. E.D. 1994).

This type of administrative hearing is not conducted in the Circuit Court of the county where the driver was arrested, but is conducted by Director of Revenue at the first level. The driver does not get a hearing in front of a Circuit Court judge in the county of arrest unless the driver exhausts all of his or her administrative remedies. Marquart v. Dir. of Revenue, 896 S.W.2d 716 (Mo. App. E.D. 1995). In other words, if the driver does not appear at the first hearing rights to an actual trial in Circuit Court on a trial de novo appeal are waived.

If a request for an administrative hearing is requested in a timely manner in such an administrative proceeding, the driver may keep driving while the hearing is pending. If the driver does not prevail on the first level administrative hearing, he or she will have a license suspension imposed 15 days after the hearing officer’s adverse ruling against the driver, regardless or whether the driver even ultimately wins the matter at trial de novo in Circuit Court on appeal. State ex rel. Director of Revenue v. Gabbert, 925 S.W.2d 838 (Mo. banc 1996).

If the driver loses the first-level administrative hearing, a petition for trial de novo must be timely filed in the Circuit Court of the county of arrest.

Chemical Test Refusal Cases. Administrative license suspension cases involving the driver allegedly refusing a chemical test are handled differently than cases where the driver gave a chemical test result over the legal limit.

A civil refusal case is also begun by an officer filing a sworn report in the case, but the driver is given a notice of suspension/revocation for refusal. (Form 4323).

A driver’s rights and duties to properly request a civil hearing are different for a refusal. To properly request a civil refusal hearing, the driver must file within 30 days a Petition for Review challenging the refusal, directly to the Circuit Court of the county of arrest. If the driver fails to file the petition within this timeframe, his or her revocation for refusal is final. Romans v. Dir. of Revenue, 783 S.W.2d 894 (Mo. banc 1990).

The relevant issues in a refusal hearing are: whether the subject was arrested (or stopped, if under age 21); whether the officer had reasonable grounds to believe that the subject was operating a motor vehicle while in an intoxicated condition (or with a BAC of at least .02 if under age 21); and whether the subject refused to submit to the test. As part of the “refusal issue,” the State must show that a proper implied consent warning was read, and that 20 minutes were given to contact an attorney if the driver asked to speak with counsel.

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Mississippi has adopted the .08% BAC level for the per se charge of DUI with increasing penalties with subsequent offenses. A third offense is a felony with up to 5 years in the penitentiary.

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IT IS ILLEGAL TO DRIVE OR OTHERWISE OPERATE A MOTOR VEHICLE IN THIS STATE; A.WHILE UNDER THE INFLUENCE OF AN INTOXICATING LIQUOR:OR B.WHILE UNDER THE INFLUENCE OF ANY OTHER SUBSTANCE WHICH INPARIED SUCH PERSON ABILITY TO OPERATE A MOTOR VECHICLE:OR C.WHILE HAVING AN ALCOHOL CONCENTRATION OF TEN ONE-HUNDRETHS PERCENT (.08%)OR MORE FOR PERSONS WHO ARE ABOVE THE LEGAL AGE TO PURCHASE ALCOHOLIC BEVERAGES UNDER STATE LAW: OR D.WHILE HAVING AN ALCOHOL CONCENTRATION OF TWO ONE-HUNDRETHS PERCENT (.02%) OR MORE FOR PERSONS WHO ARE BELOW THE LEGAL AGE TO PURCHASE ALCOHOLIC BEVERAGES UNDER STATE LAW: OR E.WHILE UNDER THE INFLUENCE OF ANY DRUG OR CONTROLLED SUBSTANCE, THE POSSESSION OF WHICH IS UNLAWFUL UNDER THE MISSISSIPPI CONTROLLED SUBSTANCE LAW: OR F.WHILE HAVING AN ALCOHOL CONCENTRATION OF FOUR ONE-HUNDRETHS PERCENT (.04%)OR MORE FOR PERSONS OPERATING A COMMERCIAL VEHICLE.

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You can not drive or operate a motor vehicle in this state while you are under the influence of an intoxicating liquor or other supbstance which would hender your ability to operate the motor vehicle. The BAC limits for our state are as follows: 1. For persons 21 and older... BAC of .08 or higher 2. For persons under 21........BAC of .02 or higher 3. For commercial drivers......BAC of .04 or higher Also, you can not be under the influence of any drug or controlled substance which is illegal to possess under our controlled substance statutes.

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See "Frequently Asked Questions" at BushandPowers.com

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See "Frequently Asked Questions" section at BushandPowers.com

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As a member of the National College of DUI Defense, and as a member of the National DUI Defense Network, Morgan receives client referrals from the best DWI/DUI attorneys in the nation. Morgan stays abreast of all recent developments in the field of DWI/DUI law by regularly attending nationally produced seminars sponsored by both the National Association of Criminal Defense Lawyers and the National College for DUI Defense. He also subscribes to the major treatises in this subject.

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North Carolina DWI law primarily governed by North Carolina General Statute Sect. 20-138.1 and Sect. 20-16. Standard bifurcated with either: 1. Indicia of "Appreciable Impairment" as discerned by charging officer and/or 2. A reading of .08 (BrAC) or higher. Portable breath screening devices include, but are not limited to, the AlcoSensor related devices (AlcoSensor, AlcoSensor III & AlcoSensor IV). General Purpose: Establishing Probable Cause for Arrest. May NOT be utilized as substantive evidence of impairment. Science: Electrochemical Fuel Cell. Weakness: Inability to determine source of alcohol or distinguish between residual mouth alcohol and alveolar sample. BrAC (Breath Alcohol Content) is derived from the Intoxilyzer 5000 device. Presently used in Charlotte area, the 6600 & 6800 Series. Certain procedural protocols required under statute. Science: InfraRed detection. Basis: Unique reaction / absorption of energy to specified wavelength of light. Levels of Punishment: Level 1 through Level 5. Factors considered are: Grossly Aggravating (GAF), Aggravating (AF) & Mitigating (MF). Active jail time required under statute if one (1) or more GAF's present. Level 1: statutory minimum 30 days active. NO LIMITED PRIVILEGE. Level 2: statutory minimum 7 days active. NO LIMITED PRIVILEGE. Levels 3, 4 & 5 require Community Service: 72 hours, 48 hours & 24 hours respectively (in discretion of the Court). LIMITED PRIVILEGE available, in discretion of the Court.

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DWI 1st carries a minimum mandatory 9 month loss of license, $500 fine, Impaired Driver Intervention Program (weekend class)and is a class B misdemeanor. The penalties for subsequent and aggravated DWI rise and include mandatory jail time. NH has an implied consent law that mandates a license suspension for a refusal of 6 months for a first offense and 2 years for a subsequent refusal. It is important to talk to a qualified attorney to determine the consequences in each individual case.

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If your Blood Alcohol Content (BAC) is over 0.08 based on a breath test or blood test, and you have operated or intended to operate your car, you are considered to have violated the DWI law. There are many defenses for this charge. Please call me to discuss. Upon conviction, for the first offense, fines range between $300.00 and $500.00. You must attend alcohol awareness classes at the Intoxicated Driver Resource Center (IDRC) for 12 to 48 hours. You must pay $100.00 for the IDRC program. You must also pay a $50.00 Violent Crimes Compensation Board (VCCB) penalty, a $75.00 Safe Neighborhood Fund Assessment, and a $200.00 DWI surcharge. There is also a $3,000.00 surcharge to the State, payable over three years. You can be sentenced to up to 30 days in jail. You will lose your license in New Jersey for seven months to one year. If you were driving in a school zone (1,000 feet from the furthest edge of school grounds) all of these penalties double. For a second violation, fines range from $500.00 to $1,000.00. You must perform community service for a period of 30 days. You must attend alcohol awareness classes at the IDRC for 12 to 48 hours. You must pay $100.00 for the IDRC program. You must also pay a $50.00 VCCB penalty, a $75.00 Safe Neighborhood Fund Assessment, and $200.00 DWI surcharge. There is also a $3,000.00 surcharge to the State, payable over three years. You will be sentenced to jail for a term 48 hours to 90 days. You will lose your privilege to drive in New Jersey for two years. For a third or subsequent violation, you will be fined $1,000.00. You must attend alcohol awareness classes at the IDRC for 12 to 48 hours. You must pay $100.00 for the IDRC program. You must also pay a $50.00 VCCB penalty, a $75.00 Safe Neighborhood Fund Assessment, and $200.00 DWI surcharge. There is also a $4,500.00 surcharge to the State, payable over three years. You will be sentenced to jail for a term of 180 days, however 90 days of the jail sentence can be served in an in-patient rehabilitation facility. You will lose your driving privileges in New Jersey for 10 years.

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Each case s different and I will be happy to discuss your case on the telephone at no charge.

PA has mandatory jail sentences, but first offenders may qualify for a diversion program called "A R D" which mitigates license loss and can ead to expungment of arrest records;

NJ avoids jail for first offenders, and carries a minimum of 6 months loss of license, special sessions in an Intoxicated Drivers Resource Center; substantial fines; penalties increase with each offense; if driving while suspended for a DUI related offense, automatic jail time; No diversion program as in PA; Out of state drivers may be subject to suspension in their own states under the Interstate Compact,sometmes longer than New Jersey's! These are just minimal summaries and requires thorough discussion which I am always happy to conduct at no charge.

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The mininum BAC is .10%, with any reading at or above person is presumptively intoxicated. Extrapolation defense is not permitted. Jury trials are not available. Covictions result in mandatory suspension, fines and surcharges, as well as attendance at classes.

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License Revocation = 6 months (to one year) for first offense, 2 years for second, and 10 years for third. Jail = up to 30 days on 1st, 2 to 90 on 2nd, and 180 on third.

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Publicity has left no doubt that the most severe charge one can face in a New Jersey Municipal Court is driving while under the influence (DWI). A conviction for DWI can drain your financial resources and destroy your ability to work and survive. If charged with DWI you should immediately seek representation to insure that your rights are not being trampled upon and that there is no alternative to such a devastating conviction. As indicated the penalties are harsh: First Offense - $250.00 to $400.00 fine, $100.00 DWI surcharge, $75.00 safe neighborhood penalty, $50.00 Violent Crimes Compensation Penalty, court costs, 6 months to 1 year loss of license, 12 hours in an IDRC program and up to 30 days imprisonment. On top of this a $1,000.00 per year for 3 year insurance surcharge by the Division of Motor Vehicles. Second Offense - $500.00 to $1,000.00 fine, $100.00 DWI surcharge, $75.00 safe neighborhood penalty, $50.00 Violent Crimes Compensation Penalty, court costs, 2 year loss of license, 48 hours in an IDRC program in lieu of 48 in jail, 30 days of community service and up to 90 days imprisonment. On top of this a $1,000.00 per year for 3 year insurance surcharge by the Division of Motor Vehicles. Third Offense - $1,000.00 fine, $100.00 DWI surcharge, $75.00 safe neighborhood penalty, $50.00 Violent Crimes Compensation Penalty, court costs, 10 year loss of license, and 180 days in mandatory jail time, 1/2 of which may be done in community service and the other 1/2 in an in-patient rehabilitation program. In addition to this a $1,500.00 per year for 3 year insurance surcharge by the Division of Motor Vehicles. Do not believe that simply because you have been charged, there is nothing a lawyer can do to assist you with such a problem as a DWI charge. Often there are defenses which can be raised which would result in a downgrading of your charge. If nothing can be done to prevent a conviction, there may be angles that can be used to minimize the penalty in the sentencing aspect of your case. The consequences are simply too severe to not seek legal advise on handling a DWI charge.

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Publicity has left no doubt that one of the most severe charges one can face in a New Jersey Municipal Court is a driving while under the influence (DUI). A conviction for DWI can drain your financial resources and destroy your ability to work and survive. If charged with DWI you should immediately seek representation to insure that your rights are protected. DWI penalties are as follows: First Offense - $250.00 to $400.00 fine, $100.00 DWI surcharge, $75.00 safe neighborhood penalty, $50.00 Violent Crimes Compensation Penalty, court costs, 6 months to 1 year loss of license, 12 hours in an IDRC program and up to 30 days imprisonment. In addition there is a $1,000.00 per year for 3 year insurance surcharge by the Division of Motor Vehicles. Second Offense - $500.00 to $1,000.00 fine, $100.00 DWI surcharge, $75.00 safe neighborhood penalty, $50.00 Violent Crimes Compensation Penalty, court costs, 2 year loss of license, 48 hours in an IDRC program in lieu of 48 in jail, 30 days of community service and up to 90 days imprisonment and a surcharge of $1,000.00 per year for 3 years. Third Offense - $1,000.00 fine, $100.00 DWI surcharge, $75.00 safe neighborhood penalty, $50.00 Violent Crimes Compensation Penalty, court costs, 10 year loss of license, and 180 days in mandatory jail time, 1/2 of which may be done in community service and the other 1/2 in an in-patient rehabilitation program. In addition to this a $1,500.00 per year for 3 year insurance surcharge by the Division of Motor Vehicles. Do not believe that simply because you have been charged, there is nothing you can do. There may be defenses which can be raised that may result in a downgrading of your charge.

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After the officer arrests you, he will inform you that you must take a breath or blood test. This will take place at the police station where, if you choose breath testing, two breath samples will be obtained. You should understand that these tests are unreliable and often inaccurate, due largely to the variability of human physiology and defects in the equipment and/or procedures. If a blood test is to be given, this may be taken by a technician at the station with a pre-packaged kit or at a medical facility. You are required by Nevada's "implied consent" (PDF Download) law to submit to a test; if you refuse, you will be facing additional penalties.

If your breath test indicates a blood-alcohol level of .08% or higher, your Nevada driver's license will be confiscated at the police station. The period of suspension for a first offense within seven years is 90 days. You will, however, receive a 7-day temporary license; this permits you to drive while you or your attorney requests a hearing from the Nevada Department of Motor Vehicles to contest the suspension. If a blood test is taken, you will keep your license until notification of the lab results.

You should immediately contact an experienced DUI attorney to represent you in both the criminal and license suspension proceedings. The DMV must be contacted within seven days for the purpose of demanding a hearing to contest the grounds for the suspension. This is a completely separate proceeding from the criminal case.

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A Guide to Nevada DUI Law Introduction "Driving Under The Influence" means operating a motor vehicle while under the influence of alcohol and/or drugs to a degree that renders one unable to safely drive a vehicle. Years ago, a "drunk driving" meant that someone was "drunk" in the way all of us commonly understand the word: intoxicated. In the mid 1980's, legislatures all over the United States began to toughen their DUI laws in a response to public outcry. Today it is not necessary that a person be drunk to receive a DUI citation. We will discuss this in more detail later. If your breath or blood shows an alcohol concentration of .10 or more within TWO (2) hours of operating the vehicle, you are presumed to be too intoxicated to safely drive within the state of Nevada. You may not think you are intoxicated, those around you may not think you are intoxicated. In fact, you may not be considered intoxicated for any other purpose in the world except driving. But you may have enough alcohol or drugs in your system to be considered too intoxicated to drive. And, if you are convicted, you will suffer some harsh penalties. When an individual is cited for a DUI, there are essentially two lawsuits initiated: one is a criminal charge brought by the city, county, or state in which you are stopped; the other is a civil lawsuit brought against your driver’s license by the State of Nevada Department of Motor Vehicles. These proceedings occur simultaneously and both have a severe impact on your driving record and your quality of life. Both will be discussed at length in the following pages. Keep in mind that every case is different and raises different issues. Some of the issues presented will not be applicable to your case. DUI cases rise and fall on the facts of each case. The quality of your defense in a DUI case depends on the details and fact fo your particular case. There are only TWO (2) sources of this information: You and the arresting officer’s police reports. Therefore, it is very important that you share with your attorney ALL of the details and facts about your case, and that you give him or her the TRUTH. The goal of our law firm in representing a DUI client is to obtain a dismissal of the charges, an acquittal in trial, or a non-DUI disposition. While this is not always possible, we don’t stop fighting until our clients tell us to. It is extremely important that you be familiar with the issues involved in a typical DUI case so that you may aid and participate in your defense and make informed choices regarding your case. The Criminal Case GENERALLY : This section deals only with the criminal case and does not address the civil or administrative action against your driver’s license. This section deals only with the judicial penalties for the criminal offense of DUI. There are many non-judicial penalties that will follow a no contest plea, guilty plea, or a conviction of DUI. These include increase insurance costs, problems renting cars, and job barriers. The non-judicial penalties will be addressed in a separate section. THREE TYPES OF DUI : As discussed earlier, there are three separate ways for the prosecutor to prove a DUI case: 1) By proving that the defendant was a less safe driver due to impairment by alcohol and/or drugs by using the officer’s observations, including the manner of driving, field sobriety test, the smell of alcohol, etc. 2) By proving the defendant was driving the vehicle at a time when his blood alcohol level was .10 or greater. The prosecutor must prove beyond a reasonable doubt that the test you were given was a valid test and administered properly, and that you were driving within TWO (2) hours of the test. 3) In a recently passed statute the state of Nevada has a "Per Se" level of prohibited substances: amphetamine, cocaine or bezoylecognine (cocaine metabolite), heroin or morphine or 6-monoacetyl morphine (heroin metabolite), LSD, marijuana or marijuana metabolite, methamphetamine, and phenycyclidine. If you have a certain level of any of these substances in your blood while driving you will be presumed to have violated the Driving Under the Influence statute. This presumption may be rebutted by a prescription. It appears that there may be significant constitutional challenges to this portion of the statute forthcoming. NOTE: In the state of Nevada there is no longer any right to refuse to submit to a chemical test. If you do not consent to a breath or a blood test the officer, pursuant to Nevada law, may force you to give a blood sample. Penalties for DUI in Nevada The penalties for driving under the influence depend on whether one has had a DUI conviction within the past SEVEN (7) years. This calculation is made based on the time between the date of the prior arrest to the date of the current arrest. CONVICTION: A person that pleads no contest, pleads guilty or is found guilty at trial is subject to the following judicial penalties: DUI FIRST OFFENSE: JAIL: 48 hours up to a maximum of SIX (6) months imprisonment, or, at least NINETY-SIX (96) hours of community service. The court may allow you to do community service in lieu of the mandatory jail time. FINES AND ASSESSMENTS: A minimum of THREE HUNDRED FORTY DOLLARS ($340.00) to a maximum of ONE THOUSAND ONE HUNDRED SEVENTY-FIVE DOLLARS ($1,175.00) (fines and assessments). SUSPENSION OF DRIVING PRIVILEGES: A criminal conviction for a First Time DUI results in a NINETY (90) day suspension of driving privileges. After FORTY-FIVE (45) days you may obtain a restricted driving license, to drive to and from work. OTHER PENALTIES: The Court will always impose the requirement that you attend an EIGHT (8) hour course of DUI school, a DUI assessment program with a ONE HUNDRED DOLLAR ($100.00) fee if the blood alcohol is .18% or more, and a Victim Impact Panel with a FORTY DOLLAR ($40.00) fee. The court may also order a Breath Interlock Device be attached to your vehicle (at your expense) for THREE (3) to SIX (6) months. DUI SECOND OFFENSE: JAIL: Minimum of TEN (10) days up to SIX (6) months. FINES AND ASSESSMENTS: Fines and assessments of SIX HUNDRED SEVENTY-FIVE DOLLARS ($675.00) to ONE THOUSAND ONE HUNDRED SEVENTY-FIVE DOLLARS ($1,175.00). LOSS OF LICENSE: ONE (1) year OTHER PENALTIES: The court may order ONE HUNDRED (100) to TWO HUNDRED (200) hours community service, DUI assessment program, treatment program, Breath Interlock Device from SIX (6) to TWELVE (12) months, Victim Impact Panel, and a THIRTY-FIVE DOLLAR ($35.00) civil penalty to the Department of Motor Vehicles. DUI THIRD OR SUBSEQUENT OFFENSE: Conviction of three or more DUI’s within SEVEN (7) years of the date of the first DUI arrest is a FELONY. JAIL: A minimum of ONE (1) year to SIX (6) years in a Nevada State Prison ( non-probationable). FINES AND ASSESSMENTS: TWO THOUSAND EIGHTY-FIVE DOLLARS ($2,085.00) to FIVE THOUSAND EIGHTY-FIVE DOLLARS ($5,085.00). LOSS OF LICENSE: THREE (3) years OTHER PENALTIES: Breath interlock device from TWELVE (12) to THIRTY-SIX (36) months from release from prison, Victim Impact Panel, THIRTY-FIVE DOLLARS ($35.00) civil penalties to the Department of Motor Vehicles. DRUG OFFENSES IN DUI: While a DUI offense involving drugs may be prosecuted by the State as a misdemeanor, beyond the misdemeanor DUI/ Drugs penalties set forth above, Nevada law specifies that ANY amount of a controlled substance, for instance marijuana or cocaine, is a felony. DRIVING WHILE YOUR LICENSE IS SUSPENDED: If your license is suspended or revoked due to a DUI, either through the criminal courts or an administrative proceeding, and you are caught driving while your license is suspended, the minimum penalty is THIRTY (30) days in jail. DUI ACCIDENT THAT RESULTS IN DEATH OR SUBSTANTIAL BODILY HARM: If you are convicted of a DUI offense in which an accident occurred that resulted in the death or substantial bodily harm of another person, it is a FELONY conviction, even if it is your first DUI. The penalty is a minimum of TWO (2) years and a maximum of TWENTY (20) years in prison and a fine of not less than TWO THOUSAND DOLLARS ($2,000) nor more than FIVE THOUSAND DOLLARS ($5,000). This is a non-probationable offense.

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Todd J.W. Wisner is a member of the following Associations and Bars: Member, National College of DUI Defense, 1999 - present Life Member: National Association of Criminal Defense Lawyers Life Member: New York State Association of Criminal Defense Lawyers New York State Trial Lawyers Association Genesee Valley Trial Lawyers Association The Association of Trial Lawyers of America New York State Bar Association Connecticut Bar Association Monroe County Bar Association

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In New York, Driving While Intoxicated, or DWI, applies to any individual driving under the impairment of alcohol or other substances. "Per se" law applies to any driver with a Blood Alcohol Concentration of 0.08%. A first offense DWI conviction carries a mandatory fine of $500-1000 and a mandatory 6 month withdrawal of driving privileges, with a possible jail term of up to one year. Subsequent convictions result in harsher penalties. A "Zero Tolerance" law applies for any driver under the age of 21 who is found driving with a BAC of 0.02 to 0.07%.

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Former New York State Traffic Court Judge. VETERAN OF 25,000 HEARINGS. Experienced trial attorney. Fully familiar with all aspects of NYS Vehicle and Traffic Law, trials, motions. Member NACDL, NYSACDL, NYS Bar Association, Westchester County Bar Association. Admitted NYS 1974

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DWI is either common law (no breathalyzer or blood tests required) or greater than .10% BAC. DWI is a misdemeanor. DWAI, driving with ability impaired is a lesser included offense with BAC less than .10% and .06% or more. Felony DWI is second misdemeanor. Second DWAI is a misdemeanor. DWI minimum fine is $500 plus surcharges; DWAI minimum fine is $350. Both have mandatory license loss. Conditional licenses are available. Felony DWI first offense is punishable by up to 1 1/3 to 4 years in prison. Second Felony DWI is up to 2 1/3 to 7 years in prison.

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The following are the drug and alcohol related violations in New York State:

DWI: Driving While Intoxicated; .08 BAC or higher or other evidence of intoxication

DWAI: Driving While Ability Impaired (by alcohol); .05 BAC to .07 BAC, or other evidence of impairment.

DWAI / Drugs: Driving While Ability Impaired (by a drug that is not alcohol).

Zero Tolerance Law: A driver who is less than 21 years of age and who drives with a .02 BAC to .07 BAC violates the Zero Tolerance Law.

Chemical Test Refusal: A driver who refuses to take a chemical test (normally a test of breath, blood or urine) can receive a driver license revocation and must pay a $300 civil penalty ($350 for a driver of commercial vehicles) to apply for a new driver license. A driver who refuses a chemical test during the five years after a DWI-related charge will have their driver license revoked for one year and must pay a $750 civil penalty to apply for a new driver license

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Throughout the country, driving while under the influence of alcohol has become a much more serious crime than it was just a few years ago. Mr. Conti practices in New York, where so called DWI laws have become more strict. Jail time has become more likely for repeat offenders, and judges have the power to suspend a motorist's license at the time of his or her arrest. At the same time, driving with a suspended license has become a more serious offense, with the increased possibility of jail time and even felony conviction.

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Ohio's DUI law has become one of the toughest in the nation. Beside the possible incarceration and financial burdens involved, the new automatic license suspension provisions can have a devastating effect on your right to drive for an extensive period of time. In addition to the new license suspension provisions, recent amendments to the law exact greatly enhanced and mandated jail sentences for offenders including the possibility of a felony record.

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Please visit our website for a breakdown of the law regarding OVI.

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Current Ohio DUI penalties can be found under the Penalties chart on our website.

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DUI stands for driving under the influence of alcohol or other intoxicating beverages, chemical substances or controlled dangerous substances. As of July 1, 2001, Oklahoma law defines DUI as one offense proved by the impairment of normal faculties by having a blood alcohol or breath alcohol level of .08 or above. Aggravated DUI in Oklahoma involves those with a level of .15 or higher.

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Charles L. Sifers, attained recognition as Oklahoma's FIRST Board certifed DUI Attorney in 2001. He is retired regent for the National College for DUI Defense and is nationall recognized and has attended an/or taught at almost every local and major national DUI related seminar in the nation. He is frequently interview by Oklahoma Television and radio stations for his extensive knowledge on Driving Under the Influence cases in Oklahoma. Charles Sifers frequently speaks foer the Oklahoma Bar Association's continuing Legal Education progrmas on DUI. He is responsible for recognizing the error by the Oklahoma State Board of Test for Alcohol & Drug Influence regarding breath Testing that resulted in the Return of over 8,000 Drivers Licenses to accused DUI Offendors.

C. Jeffrey Sifers, has received extensive training in DUI Defense. His main focus since 1996 has been standardized field Sobriety Testing (SFST), and the intoxilyzer 5000 (Oklahoma's breath testing machine). Jeff Sifers has taught other Oklahoma lawyers on these topics, including the standardized Field Sobriety Testing Certification course of at least one other "DUI Lawyer" in Oklahoma city. He has consulted in Oklahoma on these issues for the Oklahoma Indigent Defense system (OIDS) and nationally in other States including North Carolina and Georgia as an opinion and expert witness

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A conviction for either impaired operation, over 80 mg/100mL, or refusal to provide a breath sample results in a minimum DUI fine or jail: 600 dollar fine for a first, minimum 14 days jail for a second, or a minimum of 90 days in jail for a third. A Criminal Code driving prohibition will be imposed by the Court precluding operation of a motor vehicle anywhere in Canada for at least one year. Minimum automatic driver's licence suspension by the Ministry upon conviction in Ontario of 1 year for a first, 3 years for a second, lifetime for a third. Course and fee required for licence reinstatement. Installation of an ignition interlock system is required after reinstatement. There is an automatic administrative licence suspension for 90 days immediately upon arrest. If you drive while suspended in Ontario, you face harsh penalties. Please see the Canadian Criminal Law Case Briefs database for more information.

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The criminal process is often complicated and lengthy. Penalties for driving offences vary, but can include driver's license suspension, the installation of an ignition interlock device, and sometimes, jail time.

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In Oregon, if you drive a motor vehicle or bicylce in a place open to the driving public with a blood alcohol level of .08 or greater, or while visibly impaired, you are Driving Under the Influence of Intoxicants.

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The State must show that you are driving a motor vehicle on a public road while impaired to a noticable and perceptable degree, or with a BAC over the legal limit of .08, inorder to get a conviction.

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Oregon's DUII law is harsh. Plea bargaining is strictly forbidden, and the punishments mandated even for first conviction include jail, a fine of at least $1000, suspension of driving privileges for at least one year. For repeat offenses, the penalties increase, and some are classified as felons. Every DUII in Oregon is classified as a crime, carrying possible jail sentence of at least one year. Every defendant charged with DUII is entitled to a jury trial. The legal standard of guilt for a DUII in Oregon is .08%BAC or other evidence of "impairment to a perceptible degree." Accordingly, even an individual whose BAC is less than .08% is at risk of being convicted of DUII. One element in Oregon's DUII law that reduces the harshness for some individuals is the DUII Diversion Program. However, the requirements are stringent, and many do not qualify, or are disqualified from participation for various reasons. The most common device in use in Oregon for detection of DUII is the Intoxilizer 5000, and state law requires only a single blow into the machine. Under Oregon's Implied Consent law, suspensions of 90 days or longer are issued at the time of arrest where the driver blows .08%BAC or in the case of a CDL driver .04%BAC, or in the case of a driver under 21, anything more than .00%BAC. The Oregon courts have upheld use of HGN and DRE as scientific evidence. SFSTs are a "search" under Oregon law, mandating that the officer have probable cause or consent of the motorist.

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A person shall not drive, operate or be in actual physical control of the movement of a vehicle in any of the following circumstances: (1) While under the influence of alcohol to a degree which renders the person incapable of safe driving; (2) While under the influence of any controlled substance, as defined in the act of April 14, 1972 (PL 233, No. 64) known as The Controlled Substance, Drug, Device and Cosmetic Act, to a degree which renders the person incapable of safe driving; (3) While under the combined influence of alcohol and any controlled substance to a degree which renders the person incapable of safe driving; (4) While the amount of alcohol by weight in the blood of: (i) an adult is 0.10% or greater; (ii) a minor is .02% (operation of a commercial vehicle is .04%)

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75 PA.C.S. §1553 (Occupational limited license).

Subsection (b)(1) adds getting to treatment as one of the circumstances under which a driver may use an occupational limited license. The driver's petition must now identify not only the employer but also the educational institution or treatment facility.

Subsection (d)(6) specifies that anyone who has been adjudicated delinquent, granted a consent decree or granted ARD for DUI may not be issued an occupational limited license unless the suspension or revocation for that conviction has been fully served.
This provision also allows occupational limited licenses for those whose licenses have been suspended for a first violation of 18 PA.C.S. §6308.

Subsection (d)(8) specifies that anyone convicted of DUI must serve the entire suspension or revocation before being eligible for an occupational limited license. However, a person convicted under §3802 who does not have a prior offense as defined in §3806(a) shall be eligible for an occupational limited license after serving 60 days of the suspension according to subsection (d.1). A person convicted under §1547(b)(1)(ii) or §3804(e)(2)(ii), relating to an 18-month suspension for a first-degree misdemeanor, shall be eligible for an occupational limited license if the individual 1) is otherwise eligible for restoration; 2) has served 12 months of the suspension; 3) has no more than one prior offense as defined in §3806(b); 4) only operates a vehicle with an ignition interlock system and 5) has certified that each vehicle owned by or registered to the person has been equipped with an ignition interlock system. A period of ignition interlock accepted under subsection (d.2) shall not count towards the one-year mandatory period of ignition interlock imposed under §3805.

Subsection (f) specifies that an occupational limited license can only be used between the driver's residence and place of employment or study or in the course of employment or study where the operation of a vehicle is required. The occupational limited license can also be used to and from a scheduled or emergency medical examination or treatment, including treatment required under Chapter 38. The operating privilege of a driver with an occupational limited license remains under suspension or revocation except when the driver is within the conditions of the limited license. A driver must have a completed occupational limited license affidavit at all times while operating a vehicle, except when operating a vehicle to a location for emergency medical treatment.

Subsection (f)(2) specifies that a driver with an occupational limited license may not operate a school bus.

Subsection (c) raises the fee for applying for an occupational limited license from $25 to $50. Subsection (f)(3) establishes a summary offense and a $200 fine for violating the conditions of the occupational limited license.

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Each case s different and I will be happy to discuss your case on the telephone at no charge.

PA has mandatory jail sentences, but first offenders may qualify for a diversion program called "A R D" which mitigates license loss and can ead to expungment of arrest records;

NJ avoids jail for first offenders, and carries a minimum of 6 months loss of license, special sessions in an Intoxicated Drivers Resource Center; substantial fines; penalties increase with each offense; if driving while suspended for a DUI related offense, automatic jail time; No diversion program as in PA; Out of state drivers may be subject to suspension in their own states under the Interstate Compact,sometmes longer than New Jersey's! These are just minimal summaries and requires thorough discussion which I am always happy to conduct at no charge.

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Rhode Island DUI Penalties Penalties for Drivers 21 and Older First Time Offender with Refusal or with BAC between .08-.10% • Fined $100-$300 • Suspended license for one to six months, a $50 reinstatement fee • One year in jail or 10-60 hours of community service • Face a Highway Safety Assessment ($500 fee) conducted by the Community College of Rhode Island (CCRI) and possible enrollment in a driving school and/or an alcohol treatment program First Time Offender with a BAC between .10-.15% • Fined $100-$400 • One year in jail or 10-60 hours of community service • Suspended license 3-12 months First Time Offender with a BAC of .15% or Higher • Fined $500 • One year in jail or 20-60 hours of community service • Suspended license 3-18 months • Mandatory participation in a special course on DWI and/or drug treatment Second Time Offender within Five Years with a BAC between .08-.15% • Fined $400 • Suspended license for up to two years • Anywhere from 10 days to one year in jail • Alcohol or drug treatment • Possible installation of an ignition interlock system for up to two years Second Time Offender with a BAC of .15% or Higher • Fined $1,000 • Jail for 6-12 months • Suspended license for two years Third Time Offender within Five Years with a BAC between .08-.15% • Felony • Mandatory $400 fine • One to three years in jail • Two to three years license suspension • Alcohol or drug treatment • Ignition interlock device for up to two years after sentence is completed Third Time Offender with a BAC of .15% or Higher • Fined $1,000-$5,000 • Jail for 3-5 years • Suspended license for three years • At the discretion of the judge the violator's vehicle may be seized and sold by the state DUI Resulting in Death • Jail sentence 5-15 years • Fined $5,000-$10,000 • Revoked license for 5 years • At the judge's discretion possible enrollment in an alcohol treatment program Penalties for Drivers Under 21 First Time Offender 18 or Younger with a BAC of .02 or Higher • Community Service 10-60 hours • Suspended license 6-18 months • Must enroll in a DWI course and/or an alcohol treatment or education program • At the judge's discretion a possible highway assessment fine of up to $500 Second Time Offender 18 or Younger with a BAC of .02 or Higher • Suspended license until 21 • At the judge's discretion, a fine of up to $500 and a one year sentence in the Rhode Island Training School (juvenile correctional facility) First Time Offender 18-21 Years Old with a BAC of .02 or Higher • Up to 30 hours of community service • A fine of up to $250 • Suspended license for three months, provided one attends a class on DWI and enrolls in an alcohol treatment education program Second Time Offender 18 or Younger with a BAC of .02 or Higher • Fined $250 in addition to a $300 highway assessment fee • Up to 60 hours of community service • Suspended license 3-6 months • Must enroll in a course on DWI and in an alcohol treatment program

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As a result of Rhode Island's recent "crack down" on drunk driving, Rhode Island DUI laws have become some of the strictest in the nation. Without proper representation such as an expert Rhode Island DUI lawyers, a first time DWI offender is at risk for significant penalties including a loss of license, thousands of dollars in fines, a criminal conviction, higher insurance premiums and in some cases, risk of incarceration.Driving under the influence of alcohol, also called DUI or DWI and drunk driving, is one of the most common charges encountered in our criminal justice system. Visit our Rhode Island DUI Defense website for a full description of these laws. Attorney Macktaz, a resident of Newport Rhode Island also handles substantial defense cases as a Newport RI DUI Attorney and a Newport RI Breathalyzer Refusal Lawyer.

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1st Offense: 30 days and $300 fine; 6 month license suspension// 2nd Offense: 1 year and $2,000 to $5,000 fine; 1 year license suspension// 3rd Offense: 60 days to 3 years and $3,500 to $6,000 fine; 2 year license suspension// 4th offense or above: 1 to 5 years; permanent revocation (may petition for restoration after 7 years)

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ALTHOUGH SOUTH CAROLINA HAS A PER SE LAW, THERE HAS BEEN NO PROSECUTIONS UNDER THAT LAW BECASUE THE PROSECUTION HAS NOT DECIDED HOW TO COMPLY WITH THE NEW LAW.

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If you were given a notice of suspension for either 1) Refusing to give a blood or breath or urine sample, or; 2) having a BAC of .15% or above, or: 3) Being an underage driver and having a BAC of .02% or more, you MUST enroll in the South Carolina Alcohol and Drug Safety Action Program (ADSAP) WITHIN TEN DAYS OF THE NOTICE and request an implied consent hearing WITHIN TEN DAYS OF THE NOTICE or your license suspension will become PERMANENT and you will not be eligible for a provisional driver's license.

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Driving Under the Influence is one of the few crimes for which an individual can be convicted solely on the opinion of a police officer. While most DUI offenses are classified as misdemeanors, the penalties for this crime are typically very serious, carrying mandatory jail time, high fines and possible loss of driver’s license. Additionally, a DUI conviction may result in collateral consequences such as increased insurance rates and loss of employment. Please visit Mr. Oberman's website for detailed information on DUI law and penalties in Tennessee.

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Visit www.duimike.com for details.

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DWI is defined in the state of Texas as "not having the normal use of one's mental or physical faculties by the introduction of alcohol, drugs, controlled substances, or any combination thereof, into one's body," or having an alcohol concentration of 0.08 grams of alcohol per 210 liters of breath. There are driver's license suspension consequences for failing or refusing a breath or blood test. All tests, suspensions, and charges may be successfully contested. Unless there has been a fatality or near fatality, no driver is required to take ANY sobriety, breath, or blood tests, and this firm advises that drivers should rarely take any tests offered by police officers. When in doubt, drivers are advised to ask a requesting officer: "Am I required to perform this test?" If the answer is no, then don't take that test. The penalty for a first offense DWI is a jail sentence of up to 180 days in jail (almost always probated) and an optional fine of up to $2000. DUI (Driving Under the Influence) is a lesser charge, applicable only to persons under the age of 21, who operate a motor vehicle with any "detectable" alcohol in the minor's system. The first offender punishment is community service and a fine of up to $500.

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Texas has recently enacted the toughest DWI laws in its history. Misdemeanor offenders can face up to two-year license suspensions without the possibility of even a work-related driving permit. Repeat offenders often face punishments comparable to those meted out for sex-offenders and felony level theft offenses. Almost every person arrested for DUI or DWI in Texas has not one, but two cases to defend against. First, the criminal offense of DWI carries a first-offense punishment of up to 180 days in jail, a $2,000.00 fine and a one-year driver's license suspension. A second arrest within ten years of the first carries a punishment of up to a full year in jail, a $4,000.00 fine and a two-year suspension in many cases. Felony-level offenses provide for a minimum of two years in the state prison, and as many as twenty for an intoxication manslaughter charge. Recently, a driver convicted of 3 counts of intoxication manslaughter received three consecutive twenty-year sentences. That's right, he received 60 years in prison. It is not uncommon for a driver arrested for felony DWI to receive the maximum sentence of ten years in prison. The second case a DWI or DUI arrestee must contend with is a civil license suspension. If a driver refuses a breath or blood test, or registers .08 or greater BAC after an arrest, he or she will face an automatic suspension of ninety days to two years, depending on whether there is a prior alcohol related contact on the driving record. In the case of a refusal with a prior contact, the sanction is typically two years, often without the opportunity to procure a work-related driving permit. Most importantly, IF A DRIVER ARRESTED FOR DWI DOES NOT REQUEST A HEARING TO CHALLENGE THE LICENSE SUSPENSION WITHIN THE FIRST 15 DAYS AFTER BEING ARRESTED, THE SUSPENSION WILL BE AUTOMATIC, WITHOUT THE POSSIBILITY OF AN APPEAL.

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In Texas the term is DWI. This means Driving While Intoxicated. In order for the state of Texas to obtain a conviction, it must prove the following: A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. The term "intoxicated" means either (a) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or (b) having an alcohol concentration of 0.08 or more. As of 9/1/03, if you are convicted or plea guility to a DWI, you face a surcharge of up to $2,000.00 per year for three years to keep your driver license. DON'T PLEA GUILTY CALL US AND SET UP A FREE APPOINTMENT!!!

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Texas defines intoxication in two ways; 1)Not having the normal use of your mental or physical faculties by reason of the introduction of alcohol, a controlled susbstance (even prescription medication) a drug or a combination of these or any other susbstances into the body. 2)Having an alcohol concentration of at least 0.080 grams in breath, blood or urine. The most ominous penalty is that if a person DOES NOT REQUEST A HEARING WITHIN 15 DAYS AFTER ARREST, an AUTOMATIC LICENSE SUSPENSION is ordered, whether or not a criminal case is filed. This license suspension DOES NOT BAR prosecution for the criminal offense. Penalty ranges: DWI 1st offense: 3-180 days confinement + fine of up to $2,000 DWI 2nd offense: 15-365 days confinement + fine of up to $4,000 DWI 3rd+ offense: 2- 10 years prison confinement + fine up to $10,000 Intoxication Assault: 2 - 10 years prison confinement + fine up to $10,000 Intoxication Manslaughter: 2 - 20 years prison confinement + fine up to $10,000 Other penalties that occur: - Drivers license suspension - Increased Insurance cost (300% for 4-5 years) - Deep Lung Ignition Interlock device to prevent starting after drinking

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In Texas the term is DWI. This means Driving While Intoxicated. In order for the state of Texas to obtain a conviction, it must prove the following: A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. The term "intoxicated" means either (a) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or (b) having an alcohol concentration of 0.08 or more.

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In order to be convicted of DWI in Texas, the State is required to prove that you operated a motor vehicle in a public place while intoxicated. A person is intoxicated if: (1) they have lost the normal use of their mental or physical faculties as the result of the introduction of alcohol, a drug, a dangerous drug, a controlled substance, or a combination of two or more substances; or (2) they have a breath, blood, or urine alcohol concentration of .08 or more. A first offense DWI is a class B misdemeanor punishable by up to 180 days in a county jail and a fine of up to $2,000. A second offense DWI is a class A misdemeanor punishable by up to one year in a county jail and a fine of up to $4,000. A third or subsequent offense DWI is a third degree felony punishable by from two to ten years in the State penitentiary and a fine of up to $10,000. Causing serious bodily injury as a result of driving while intoxicated (intoxication assault) is a third degree felony punishable by from two to ten years in the State penitentiary and a fine of up to $10,000. Causing death as a result of driving while intoxicated (intoxication manslaughter) is a second degree felony punishable by from two to twenty years in the State penitentiary and a fine of up to $10,000. There are various other potential enhancements depending on whether there was an open container and a person's criminal conviction record. Probation is available for most misdemeanor DWI offenses. In some instances jail time is mandatory as a condition of probation. Driver's license suspension can range from 90 days to two years.

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In Texas the term is DWI. This means Driving While Intoxicated. In order for the state of Texas to obtain a conviction, it must prove the following: A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. The term "intoxicated" means either (a) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or (b) having an alcohol concentration of 0.08 or more.

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To read the exact DUI /DWI laws yourself, click this link and type "18.2-266" in the search bar. Don't forget to browse through all 27 sections! What follows are key portions of the law as of July 1, 2004 in two forms -- as the law reads and "in plain English" -- our layman's interpretation. It is not the entire code related to DUI.

§ 18.2-266 in English: There are four ways to prove DUI in Virginia -- (1) operating a vehicle with a blood alcohol level above 0.08, (2) operating a vehicle while "under the influence" of alcohol; (3) operating a vehicle while "under the influence" of drugs; and (4) operating a vehicle while "under the influence of both alcohol and drugs.

§ 18.2-267 in English: Before being arrested, an accused can submit to a preliminary breath test. This test cannot be used against you at the trial for DUI, but can be used against you during pretrial motions and other non-DUI charges.

§ 18.2-268.2 in English: If arrested for DUI within three hours of the alleged offense, you must submit to a breath test and/or, in some circumstances, a blood test. If you refuse, there are consequences. See the next statute.

§ 18.2-268.3 in English: If you unreasonably refuse the breath or blood test one time, you will lose your license on a civil basis. If you refuse for a second or subsequent time, you may suffer criminal penalties for doing so.

§ 18.2-268.9 in English: The breath test (and in a different section the blood test) is governed by specific regulations. These regulations are intended to help assure fair tests. At least, the test should conform with the regulations.

§ 18.2-270 in English: The punishment for violations of DUI varies depending upon whether the offense is a first, second, or subsequent offense. It also depends upon whether the blood alcohol level exceeded certain amounts. It also depends upon whether a child was in the car at the time of the arrest. A DUI conviction can be either a misdemeanor or a felony. For a first offense, where one has a blood alcohol level below 0.15, jail would be unusual. However, there is a mandatory 5 day jail sentence for having a blood alcohol level at 0.15 or above, and a 10 day jail sentence for having a blood alcohol level at 0.20 or above. Second and subsequent offenses have increased mandatory minimum penalties. Ultimately, a felony DUI carries a mandatory minimum penalty of six months in jail. The maximum penalty for a misdemeanor DUI is one year in jail; the maximum for a felony DUI is 5 years in prison. In addition to jail, there are other penalties, such as a license suspension, alcohol education/treatment, and an ignition interlock device.

§ 18.2-270.1 in English: In some instances, the court must require one convicted of DUI to install an "ignition interlock" device on their car. This is a breath test device that one must blow into in order to start the car; and to blow into when directed to do so by the device while driving.

§ 18.2-271 in English: The punishment for DUI includes a license suspension. This ranges from one year for a first offense to a minimum of 5 years for a felony. In some circumstances, the court can grant a restricted drivers' license to allow one to drive to and from work and certain other destinations.

§ 18.2-271.1 in English: The punishment for DUI includes an alcohol education/treatment program run by the state.

More information about Virginia DUI Law

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Virginia Drunk Driving Defense Information
The Law Office of T. Kevin Wilson, P.C.
9300 Grant Ave Suite 200 Manassas, Va 20110
Telephone: (703) 361-6100(540) 347-4944
Facsimile: (703) 361-6666

Evening and weekend appointments are available for your convenience. Free initial consultation. Calls and emails returned promptly.

Who is T. Kevin Wilson?

He is a member in good standing with the National College of DUI Defense, a national organization devoted exclusively to the defense of those accused of driving while under the influence of alcohol and/or drugs.

He received a Bachelor of Arts degree from the University of Kentucky and went on to graduate with honors, cum laude, from the Syracuse University College of Law in1994.

He was admitted to the Virginia State Bar that same year after passing the Virginia Bar Exam on his first attempt, and he has been fighting for his clients ever since.

His practice is devoted to criminal defense work with an emphasis on DUI defense, and he has enjoyed success in both the trial and appellate courts in Virginia.

He is a member in good standing with the Virginia State Bar, and he has never been disciplined by the Virginia State Bar.

He is a member of the Virginia Association of Criminal Defense Lawyers, the National Association of Criminal Defense Lawyers, the Association of Trial Lawyers of America, and the Criminal Law Section of the Virginia State Bar.

In addition to his law practice, he is a legal instructor at the Prince William County Criminal Justice Academy where he teaches Criminal Law, Criminal Procedure, Constitutional Law and Evidence; and at the request of the Commonwealth's Attorney he has served as a special prosecutor.

He spends many hours every month researching the latest cases, legal treatises, scientific literature, and articles on the subject of drunk driving defense which allows him to be on the cutting edge of DUI defense at all times.

He is aggressive, professional and courteous, and he diligently fights to protect the rights of his clients. He is ready to fight for you and prsent your case by utilizing all the tools available to him, including pre-trial motions, demonstrative evidence, photographs, witness testimony, videos, defense experts, essential cross-examination of the prosecution's witnesses, and, of course, your testimony.

His office is located near the courthouse in Manassas, and his practice largely consists of cases in Prince William, Fauquier, Stafford, Fairfax and Loudoun Counties. However, he has been hired to handle cases in the cities of Richmond, Fredericksburg and Alexandria, as well as in Arlington, Clarke, Culpeper, Frederick, Greene, Henrico, Spotsylvania and Warren counties.

Clients come from across Virginia as well as from other states to retain his services.

If your freedom and your license to drive are important to you, call (703)361-6100 or (540) 347-4944 now to schedule your appointment.

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Virginia DUI/DWI is a class 1 misdemeanor criminal charge with possibility of up to one year in jail, and/or $2500 in fines and one year suspension of license. Statutory administrative license suspension for 7 days upon arrest for DUI/DWI. There is no distinction between DUI and DWI in Virginia state courts. BAC of .08 is per se drunk driving, however, this is a rebuttable presumption. BAC of .15 and above have jail time provisions which are mandatory. As of July 2007, there are collateral administrative fines imposed upon conviction for DUI in Virginia. These administrative fines are imposed in addition to the Court fine.

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DUI Defense

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Civil DUI Case in the State of Washington

The civil case involves a driver's licensing hearing. You have 30 days from the date you are arrested for DUI to request an administrative licensing hearing or your driver's license may be suspended 60 days from the date of your arrest and you may be required to an install an ignition interlock device. To read more about the 30-day deadline, click here.

Criminal DUI Case in the State of Washington

The criminal case involves a potentially lengthy DUI Court Process. DUI criminal penalties vary, but include jail time, driver's license suspension or revocation, and the installation of an ignition interlock device.

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1. 90 day to 2 year administrative license suspension for a breath/blood test above 0.08 or for a test refusal. 2. Upon conviction, a minimum fine of $805 to $2525, depending on test result and prior record. 3. Minimum jail of 1 day (1st offense, test under 0.15) to 120 days (3rd offense with refusal or test 0.15 or greater) followed by up to 150 days house arrest, depending on test result and prior record. 4. Upon conviction, an additional license suspension of from 90 days to 4 years depending on test result and prior record. 5. Mandatory alcohol treatment for any offense of from 1 day to 2 years. 6. Mandatory Ignition Interlock Device for at least one year to ten years. 7. Probation for up to 5 years.

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Washington has some of the toughest DUI laws in the U.S. The legal limit for alcohol is .08 (.02 for drivers under 21) within 2 hours of driving. Sobriety tests can and should be refused, even though that refusal is admissible at trial. A person being accused of DUI by a police officer should 1) request an attorney and 2) invoke their right to remain silent. The implied consent statute provides for a 1 year license suspension (2 years after July 1, 2004) for refusal to submit to a breath test when requested by an officer possessing probable cause to believe a person is driving under the influence. Following a failed breath test, a driver is entitled to have a blood test performed at his or her own expense.

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Penalties for first offense drunk driving include license revocations; jail is imposed for second offenses through fourth offenses; and prison for fifth offenses and higher.

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