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To the extent that a person's ability to drive a motor vehicle is impaired after consuming alcoholic beverages, he or she will likely face a drunk driving offense. In fact, when a person operates any motor vehicle under the influence of alcohol or drugs, it is considered illegal in every state. Those caught drinking and driving are considered "Drunk Drivers," however, the legal term for the offense of drunk driving is known by different acronyms in different states. |
Girl Accuses Kisses From Boyfriend for DUI You may have thought you have heard it all, but here is something that takes the cake. After swerving in and out of her lane, Gianna Vigliotti was pulled over by the police in Manhasset, New York on Friday night, May 27, 2008, for a DWI, but protested that she was not drunk. Instead, in the police report, the young lady claimed that she was not drinking at all, but instead said she was kissing her boyfriend who was drunk. |
Short Term Effects of Alcohol on the Body People, who drink often, generally do so to feel different. They think it will relax them and allow them to have a better time during a party or an event. They also drink so they can laugh and have fun. It appears that alcohol serves to release inhibitions, but in truth, alcohol is classified as a sedative. It achieves a depressant effect on the functioning of the body and therefore the more alcohol a person consumes, the stronger the depressant result! Alcohol also has a psychological impact. After one or two drinks, a person who is generally quiet may become more outgoing and chattier. In addition, the heart speeds up and a person feels more sociable, which comes about as a result of the blood making small blood vessels in the skin expand. When this occurs it allows more blood to flow closer to the surface, which lowers blood pressure. Of course, the age of a person, the gender, as well as the overall health and state of mind of the person drinking can also impact on the way a person feels when drinking. But, alcohol actually acts somewhat like an anesthetic on the brain. In fact, one of the first types of anesthetics ever used was ether, which is based on alcohol. Naturally, the greater the intake of alcohol, the more the brain slows down. |
While it is true that the perception of DUI lawyers is not always the best, the reality is that there are reputable DUI attorneys who are concerned, sympathetic and caring towards their DUI clients. In fact, the true mission of a DUI attorney is to protect the fundamental rights of the people they represent. To reach their goals, a DUI attorney is responsible for being aware of the ethics suitable for each case he or she endeavors to win. |
Challenges in Court Against Blood Alcohol Test For years, DUI attorneys have tried to exclude blood alcohol tests from DUI prosecutions, challenging their validity primarily because there are often errors in blood tests. And recently, the challenges have grown, with case after case impacting on hundreds and even thousands of DUI cases. For example, in an Ohio blood-testing incident, blood drawn for medical purposes could not be introduced as evidence in a DUI case unless the state demonstrated that the hospital had substantially complied with the state health directors DUI testing standards. Even when blood had been drawn at the request of law enforcement, if the results are challenged, the state has to prove substantial compliance. |
Detailed Information About Field Sobriety Tests Something that everyone should know is that if you are stopped for a DUI, you do not have to take any type of field sobriety test. You are required by law to submit to a breath test, but you are not required to take a field sobriety test. So, even though motorists suspected of a DUI are routinely asked by police officers to perform one or more field sobriety tests, remember, you do not have to submit to a field sobriety test. These tests are voluntary tests and were developed by police departments as a means of assisting officers in making on the spot roadside determinations about whether a person is under the influence of alcohol. |
Common Myths About Breathalyzers or BAC If you left an event, a club or a party and had consumed more alcohol than you should have, there is a good chance that your driving will be somewhat erratic and will attract the attention of the police. And when a police officer pulls you over, in all likelihood he or she will probably give you a Breathalyzer test, which is used to determine the level of alcohol concentration in your bloodstream. The Breathalyzer is fairly accurate, and gives law enforcement almost immediate results. But based on the high numbers of people stopped for drinking and driving, it should not come as any surprise that many of those who drink and drive try to find ways to fool the Breathalyzer into giving a lower reading. |
How Drinking and Driving Can Impact on Your Life He had been to a party with his company and had a bit too much to drink. When it was time to leave the party, he knew that he had consumed a lot of alcohol but he was sure that the short 15-minute drive home would be uneventful. So, rather than calling a cab, he got behind the wheel of his car and began driving home. As with most people who drink and drive, his judgment was impaired and in just a matter of minutes, he had smashed into a parked car. Fortunately, no one was in the car when it happened, but the consequences and the damage to his life were irreparable. |
Economic Impacts of Getting a DUI You might think that getting a DUI conviction is only a matter of paying a fine, but the impact on your finances is greater than you realize. Not only will a person arrested for a DUI get stuck with higher insurance rates and fines, but also they can wind up having more money troubles than they thought possible. In fact, if you get arrested for a DUI, even if you had not injured anyone, you could still end up paying thousands of dollars in fines, incidentals, higher insurance fees and bail. |
In the state of Nevada, a person who is stopped for a DUI can no longer refuse to submit to a chemical test. If they do not consent to a breath or a blood test, the police officer may force them to give a blood sample, pursuant to Nevada law. But, being convicted for a third Nevada DUI offense may not be as harsh as it has been in the past in Nevada. Although the consequences of a Nevada DUI conviction are quite serious, alternative sentencing when dealing with drunk driving convictions is now a reality in Nevada. |
Many states are now instituting extreme DUI laws to combat drivers who cause most injuries and deaths. Just recently, California Governor Arnold Schwarzenegger signed off on new legislation that is meant to toughen DUI laws. The new legislation was named for a gentleman by the name of Steve Ambriz, an Orange County Councilman who was struck and killed in a DUI crash. Mr. Ambriz was killed on May 26, 2006 when a pick-up driver who was reportedly under the influence of methamphetamines slammed head on into the councilmans car. The new law will require all drivers obtaining or renewing a license to sign a statement admitting that they understand it is dangerous to drive a vehicle while under the influence of alcohol or drugs. In addition, signing the statement will state that they understand they could be charged with murder if found responsible for a DUI crash. |
Many states are now instituting extreme DUI laws to combat drivers who cause most injuries and deaths. A new bill is proposed for DUI in Colorado that would make aggravated DUI a felony under Colorado law. Until now, Colorado has been one of four states in the United States without a felony DUI law. This new bill targets offenders who repeatedly drive drunk. If passed the law would make a DUI conviction a Class 5 felony for offenders who have previously been convicted of vehicular homicide or vehicular assault, two prior alcohol-related offenses, or at least one prior alcohol-related offense where the offender's blood alcohol concentration exceeds .20. The Colorado bill would make restrictions on DUI in the same way as those who have been arrested for DUI. |
The National Motorists Association and Its Role Regarding DUI The National Motorists Association (NMA) is a corporation in the United States that advocates a more broadminded view regarding issues involving traffic laws. The goal of the NMA is to represent, and protect the interests of motorists thereby fighting for rational drunk driving laws. The following, addresses the role of NMA in regards to DUI. |
Can You Lower Your Blood Alcohol Count? In many cases it has been reported that lowering the Blood Alcohol Count (BAC) is possible, but is that really so? Before giving any thought as to whether you can lower the BAC, let me explain what determines the Blood Alcohol Level. Basically, the BAC represents the percent of blood that is concentrated with alcohol. In other words, .10 means that 1% of your bloodstream is comprised of alcohol. Once a driver has reached the illegal BAC limit, their risk of being involved in a fatal car accident increases approximately 48 times when compared to someone who was not drinking. Currently, in most states, the illegal BAC limit is set at .08. |
Should You Take a Breathalyzer When Pulled Over For a DUI or Should You Refuse? Its been said many times, that if you are stopped for a DUI, do not take the Breathalyzer test and they will not be able to convict you. But is that really the way to go? When questioning whether you should take a Breathalyzer test when pulled over for a DUI, there are many conflicting opinions. The answer is not always straightforward and may also depend on the state in which you live. |
Based on the fact that there is an alcoholic related traffic fatality in the U.S. every 29 minutes, insurance companies take this very seriously and make it either very difficult for a person with a DUI to carry auto insurance or very costly. |
DUI Versus Sleep Deprived Driving Almost every day more proof comes to the surface in regard to the importance of sleep and how sleep deprivation can impact on an array of situations, particularly when driving a vehicle. Based on several studies taken from well-known publications, sleep deprivation is known to have the same dangerous effect as being drunk when driving. According to a 2000 study published in the British Scientific Journal, researchers in both Australia and New Zealand reported that people who drove after being awake for 17 to 19 hours performed worse than those with a blood alcohol level of .05 percent, the legal limit for drunk driving in most western European counties. The U.S. and the UK set blood alcohol limits at .08 percent. |
The Consequences for DUI in the Military While DUI is a very serious offense, hundreds if not thousands of people arrested for driving under the influence have their cases thrown out each year because of a clerical error. Mistakes can come about simply through a missing model number on state-approved breath-alcohol detection equipment. Other times, police officers forget to say or do certain things, leaving out details that affect the arrest. By way of example, in a lawsuit in Oklahoma County District Court, at least three people were attempting to take advantage of a legal loophole by seeking more than $10,000 from the states Department of Public Safetys Board of Tests for Alcohol and Drug influence. Each of the plaintiffs submitted to breath tests for alcohol content. They contend the results should be thrown out because equipment used was not on the list of approved equipment. |
How Often Are DUI Cases Removed? While DUI is a very serious offense, hundreds if not thousands of people arrested for driving under the influence have their cases thrown out each year because of a clerical error. Mistakes can come about simply through a missing model number on state-approved breath-alcohol detection equipment. Other times, police officers forget to say or do certain things, leaving out details that affect the arrest. By way of example, in a lawsuit in Oklahoma County District Court, at least three people were attempting to take advantage of a legal loophole by seeking more than $10,000 from the states Department of Public Safetys Board of Tests for Alcohol and Drug influence. Each of the plaintiffs submitted to breath tests for alcohol content. They contend the results should be thrown out because equipment used was not on the list of approved equipment. |
Are There Consequences for Riding with Someone Pulled Over for a DUI? It has been found that a surprising number of parents with children in the car, get behind the wheel of the car while intoxicated. In fact, out of 2,000 children that died in car crashes involving drinking drivers, approximately 68 percent were riding in cars with a drinking driver and that person is often their mother or father. Children of course are vulnerable and do not have any say about whether their mom or dad drinks and drives. A report outlining weaknesses in state laws against child endangerment found that drivers who are caught drinking and driving with a child in the car are often not charged with child endangerment and many times when these charges are brought up, they are often reduced or dismissed. But what about when adolescents or adults ride with drunk drivers? |
DUI