DUI, DWI or DUII

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.

DUI Attorney Ethics

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.

Nevada DUI Legislation

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.

California DUI Legislation

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.

Colorado DUI Legislation

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.

DUI and Car Insurance

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?

The Consequences of Not Hiring a DUI Attorney After a DUI Arrest

There are definitely times when hiring an attorney is not necessary, but when it comes to a DUI arrest, that is one time you should not hold back. The reason? The consequences related to a DUI can be very high and therefore not hiring a DUI attorney to protect your rights can result in a huge mistake. Besides the fact that a DUI arrest can create havoc in your life as well as for your family, an arrest for a DUI is extremely stressful and requires the expertise of a professional DUI attorney to make sure the consequences are minimized.

What To Expect If You Are Pulled Over For a DUI

There are few things more chilling then the sound of a siren in a police car coming up behind you and signaling you to pull over. In that horrific moment you may not know what to do or what to expect, but you should be prepared as it can be a very intimidating experience. Although more often than not, the person pulled over is guilty of a DWI or DUI, many times innocent people have been convicted of drunk driving, so it is good to know what to expect as well as your rights. But remember, if a police officers siren blares, the first thing you should do is find a safe place to pull over as far to the right of the lane as possible. Do not get out of the car, unless the police officer instructs you to get out. Keep your hands on the steering wheel and do not make any unnecessary comments.

Bad Practices By Dallas DUI Lawyers

You have been arrested for a DUI and in your anguish you have reached out for a Dallas DUI attorney for help. Unfortunately, you quickly realize that you have made a mistake in your choice. A dispute arises between you and your attorney while in the middle of the case and now you do not know what to do. If you feel that your attorney has acted in an unethical manner, the state of Texas has a grievance procedure where you can file a complaint against your Dallas DUI attorney. Once you have filed a complaint, the complaint will be investigated.

Can You Protect Your Identity After a DUI Arrest?

Perhaps you have made a mistake when driving while intoxicated and then gotten arrested for a DUI. But does that mean your identity will be known to the world or can it be protected? The 4th Amendment of the Constitution is intended to protect people against unreasonable searches, seizures and invasions of privacy, so there are limits regarding how far the law can go. But if you are pulled over by police and arrested for a DUI, chances of people finding out about it are very high.

Why Do DUI Arrests Increase During the Holiday Season?

While it is the season to eat, drink and be merry, many people get caught up in the pressures of the holiday and do not think about what they are doing when they get behind the wheel of their cars after having too many drinks. Because their judgment is impaired, they think they can handle it, which is why there are so many DUI cases. And all around the country, a pattern emerges just before Thanksgiving that leads up into the Christmas and New Year season. In fact, more DUI arrests occur during the holidays than at any other time of the year.

Common Mistakes People Make After Getting a DUI

While it is the season to eat, drink and be merry, many people get caught up in the pressures of the holiday and do not think about what they are doing when they get behind the wheel of their cars after having too many drinks. Because their judgment is impaired, they think they can handle it, which is why there are so many DUI cases. And all around the country, a pattern emerges just before Thanksgiving that leads up into the Christmas and New Year season. In fact, more DUI arrests occur during the holidays than at any other time of the year.

Getting Straight Answers Regarding The Aftereffects of a DUI

We at Straight DUI believe in giving straight answers about various topics related to DUI. Because getting a DUI is a very serious offense, we think straightforward answers to important questions along with the assistance of a good DUI attorney should be easily accessible and available to visitors. For those interested in getting some straight answers about important DUI issues, the following addresses some of the concerns a person may face related to the aftereffects of a DUI.

Straight Answers Regarding Blood Alcohol Content (BAC)

We at Straight DUI believe in giving straight answers about various topics related to DUI. Because getting a DUI is a very serious offense, we therefore believe straightforward answers to important questions along with the assistance of a good DUI attorney should be easily accessible and available to visitors. For those interested in getting some straight answers about important DUI issues, the following addresses some of the concerns a person may face related to Blood Alcohol Content or more commonly referred to as BAC.

Getting Straight Answers Regarding DUI Arrests

We at Straight DUI believe in giving straight answers about various topics related to DUI. As just about everyone knows, getting a DUI is a very serious offense and therefore whatever questions you have requires straightforward answers along with the assistance of a good DUI attorney. For those interested in getting some straight answers about important DUI issues, this article that follows addresses some of the concerns a person may face if stopped by the police for a DUI.

Why Are Ignition Interlock Devices Becoming More Widespread?

People with previous drunk driving convictions make up approximately one-third of the drunk driving problems in America. And in spite of 27 years of intense public education and law enforcements best efforts people continue to drive drunk. In fact, the most frequent time of day for recording elevated BAC levels is generally at 7:00 a.m., which clearly indicates that heavy alcohol consumption occurs during a busy night of drinking.

Can You Get Arrested Just Walking Home After Drinking at a Party?

In March of 2006, the Texas Alcoholic Beverage Commission along with TABC agents and Irving Texas police swept through 36 bars and arrested about 30 people on charges of public intoxication. This was supposed to be a proactive measure to curtail drunken driving. At one location, agents and police arrested patrons at a hotel bar even though some of the suspects said that they were staying at the hotel and had no intention of driving. Arresting authorities said the patrons were a danger to themselves and others. According to the TABC officials, the strategy was aimed at saving lives. Apparently, designated drivers, calling a taxi or walking home now means you can be arrested as a potential drunk driver, even when you do not have a car.

Why Do People Turn To Alcohol?

Much research has been done in just about every country in an effort to understand why people drink alcohol. There are many theories and reasons based on experts opinions but for the most part, people drink for sociability. If you asked them why they drink, they would probably say they like the taste, it makes them feel at ease, it helps emotional feelings diminish, they forget about problems, it makes them feel happier and blah, blah, blah. But in truth, people throughout history, have been consuming alcohol and enjoying the feelings associated with alcohol for centuries. In fact, on any given day at almost any given time, in just about any part of the world, you can find people drinking everything from beer to whiskey, gin, vodka, rum, brandies and liqueurs. But what is the fascination with alcohol and why do people in our society consume so much alcohol? What is behind the need for becoming inebriated and why are so many people attracted to it?

The Magnitude of Multiple DUI Arrests

Each and every day, there are countless numbers of people arrested on DUI charges, and the consequences are severe. Beginning with license suspension to mandatory alcohol counseling to jail time or probation, the consequences that can occur are harsh. Yet, even though the penalties are so high, the number of multiple DUI arrests are staggering.

How Underage Drinking Impacts on DUIs

Today, alcohol use by persons under age 21 has become a major public health problem. In fact, alcohol is the most commonly used and abused drug among young people in the US. And the consequences of underage drinking are monumental. According to studies, youth who drink alcohol are more likely to have school problems such as failing grades and higher absences. They are also inclined towards social problems, which include fighting, and lack or participation in young peoples activities. Legal problems occur as well such as being arrested for driving under the influence (DUI) as well as alcohol related car crashes.

Has the Designated Driver Program Been Effective

Did you know that drunk driving is the number one committed violent crime in American today? More importantly, nearly 17,000 Americans are killed and more than 500,000 are injured each year in alcohol-related traffic crashes. Additionally, drunk driving costs Americans more than $50 billion each year in economic losses. Each year, police arrest over 1.5 million drivers for driving under the influence of alcohol and on an average day, 46 people die in alcohol-related traffic crashes, accounting for nearly 40% of traffic deaths. Since 1999 America has experienced a 5% increase in alcohol related vehicular fatalities. To alleviate the problem, Designated Driver Programs have become very popular.

How To Talk With Your DUI Attorney

If you have been arrested for a DUI, you have two legal issues facing you....the DMV hearing and the DUI criminal court. So, when the police read your Miranda Rights and they ask if you want a lawyer, you should say yes, immediately. The reason? A DUI is a very serious offense and can result in a wide range of complications. Only a good DUI attorney can make sure that the police and prosecutor are fair with you in their dealings.

Would You Know How to Proceed with a DUI

If you have been arrested for a DUI, you have two legal issues facing you....the DMV hearing and the DUI criminal court. So, when the police read your Miranda Rights and they ask if you want a lawyer, you should say yes, immediately. The reason? A DUI is a very serious offense and can result in a wide range of complications. Only a good DUI attorney can make sure that the police and prosecutor are fair with you in their dealings.

How To Find a Good Dallas, Texas DUI Attorney

You may not know this but alcohol-related automobile accidents kill someone every 31 minutes while non-fatal injuries occur every two minutes. In fact, statistics demonstrate that every year, alcohol related crashes cost about $51 billion in the US alone. Today, 20 out of the 50 states revoke a persons license for one year if they have been involved in a second DUI. So, whether you have been arrested for driving under the influence, operating a vehicle under the influence, driving while your abilities have been impaired or any other type of alcohol or drug related reckless driving, you are considered (DUI). With that violation on your record, you will be faced with severe costs and penalties.