DUISearch results for category: DUI Laws
Pennsylvania Supreme Court Rules on Unique DUI Defense
Man arrested for drunk driving twice in one night not considered a repeat offender.
The state high court issued a ruling stating that a man stopped for suspicion of driving under the influence in Pennsylvania twice on one night cannot be sentenced as a repeat offender.
The defendant was stopped for suspicion of impaired driving at around 11:45pm and booked for DUI in PA after registering a blood alcohol content of .16%. About 90 minutes after being released to the custody of his wife, the defendant was arrested for DUI a second time. His BAC at the time of the second traffic stop was .146%.
Prosecutors filed charges relevant to second offense DUI in Pennsylvania. The Supreme Court, however, found that the defendant must be convicted of the first violation before having elevated charges filed against him for a second offense.
Do you need a PA DUI lawyer?
Filed in DUI Laws | Pennsylvania DUI | Permalink | Comments (0)
DUI Conviction Keeps International Couple Separated
Canada refuses entry to man with prior drunk driving conviction.
Many do not realize that Canada has strict limits on those you can enter the country, even for recreation and tourism. One couple found out the hard way that the restrictions apply to those with a DUI conviction.
David Williams, an American, and Janeane Ardiel, a Canadian, married five months ago and now find themselves limited to meetings at the border. Williams was convicted of driving under the influence 6 years ago. Canada denies entry to those with a felony conviction as well as many with misdemeanor offenses such as reckless driving, theft, drug possession and drunk driving. It does not matter how long ago the offense occurred.
To make matters worse, in July US border agents noticed Ardiel's near weekly visits to the United States and denied her entry because of fears that she would seek to live in the country rather than just visit. She was photographed, fingerprinted and told not to try to enter the US again for six months.
The couple is in the process of seeking a green card for Ardiel, though the process can take six months or longer. Williams can seek to prove 'rehabilitation' for his past DUI arrest but it is not a simple process and he reportedly has more pressing economic priorities at the moment.
In the mean time, the couple meets at the Peace Arch near Blaine Washington, a no-man's land along the international border accessible to both without technically leaving their respective countries.
Do you know someone who has been arrested for drunk driving recently?
Filed in DUI Laws | Foreign DUI News | Permalink | Comments (0)
Maryland Drunk Driving Laws Strengthened
New legislation increases penalties for DUI in Maryland.
The state legislature has passed a series of bills that will increase the penalties for drunk driving in Maryland.
The Motor Vehicle Administration can now suspend a driver’s license for one year if a driver is convicted of driving under the influence or driving while intoxicated more than once in a five year period. A restricted license is available during the suspension period if the motorist installs an ignition interlock device. Even then the driving permit is only applicable for trips to and from work, school or to drug/alcohol treatment.
DWI is charged when a motorist has blood alcohol content between .05-.079%. DUI is charged when the BAC is .08% or higher. A first offense for DWI in Maryland can result in up to two months in jail, a $500 fine and loss of driver’s license for 60 days. A DUI is more severe and can lead to up to one year in jail, up to a $1000 fine and loss of license for a minimum of 45 though longer periods are usually prescribed. A second offense for DUI increases the penalties to a fine of $2000, one year suspension of driving privileges, restricted driving for an additional year and up to two years in jail.
The new legislation also allows the courts to look back ten years for any prior alcohol related traffic offenses before considering probation options and penalties. Anyone caught drinking and driving with an alcohol restriction on their license will be subject to a $500 fine and two months in jail.
Are you looking for a MD drunk driving lawyer?
Filed in DUI Laws | Maryland DUI | Permalink | Comments (0)
Delaware Strengthens DUI Laws
Penalties increase for drunk driving in Delaware.
Effective today, those stopped for suspicion of driving under the influence in Delaware will be facing twice the fines, and repeat offenders could be sentenced to jail for up to 15 years.
Gov. Jack Markell signed into law legislation calling for an increase in fines for first offense DE DUI from $230 to $500, with repeat offenders subject to $15,000 fines. The potential jail sentence for repeat offenders was tripled, to a maximum of 15 years. With a blood alcohol content of .15% or higher both first time and repeat offenders will have their driver’s licenses suspended for six months and be required to install an ignition interlock device in their vehicles.
On average, 7000 arrests for DUI in Delaware are made each year. 30 percent are repeat offenders.
The sponsor of the law hopes that the new penalties help stop drunk driving in Delaware by making it easier to incarcerate repeat offenders and keep them off the road. It was also hoped that future legislation will make ignition interlock devices mandatory for everyone convicted of Delaware DUI.
Do you need to hire a DE DUI lawyer?
Filed in DUI Laws | Permalink | Comments (0)
Proposed Legislation Would Get Tough on BUI in California
Lawmaker wants to seize driver’s licenses in cases of boating under the influence in CA.
California state lawmaker John Benoit has sponsored legislation that would suspend a California driver’s license when an individual is convicted of boating under the influence of alcohol or drugs.
In the mid-90’s the California Department of Motor Vehicles began suspending the privilege to drive a vehicle following a BUI conviction. That action was stopped following a 2008 decision by the California Court of Appeals that the DMV lacked the authority to do so. Senate Bill 154 aims to reinstate the license suspension penalty. The legislation calls for the DMV to suspend driving privileges for those with a prior conviction for California DUI or BUI when found guilty of a subsequent offense. Offenders would also be required to complete an alcohol education program.
State records show that approximately one quarter of all deaths on California waterways involves alcohol impairment. Benoit issued a press release stating, “My legislation reflects the seriousness of BUI offenses, protecting the safety of travelers on California’s streets, highways and waterways.” The bill was passed by the Senate in late May and received support from the Assembly Committee on Public Safety last week. It is now scheduled for review by the full Assembly.
Have you been charged with BUI in CA?
Filed in California DUI | DUI Laws | Permalink | Comments (1)
Changes in Tennessee DUI Laws
Testing for blood alcohol content will be required for certain cases of drunk driving in Tennessee.
A new law will allow law enforcement officers to demand alcohol testing in certain cases of suspected driving under the influence in Tennessee. Starting July 1, 2009, when a motorist suspected drunk driving in TN causes injury or death to another party, police are allowed to conduct tests to determine blood alcohol content (BAC).
Motorists who decline to be tested will have their driver’s licenses suspended for one year. Police must have probable cause to suspect alcohol contributed to the accident.
The new Tennessee DUI law applies only to those who caused an accident with injury or death to someone other than themselves. Other motorists stopped for suspected TN DUI will still have the constitutional right to refuse a blood, breath or urine test to check BAC.
Have you been charged with DUI in TN?
Filed in DUI Laws | Tennessee DUI | Permalink | Comments (0)
Possible Change in Oklahoma Boat DUI Law
Governor considering measure regarding drunk boating in Oklahoma.
Oklahoma Governor Brad Henry is considering a new law that would make drunk boating more in line with driving under the influence in Oklahoma. The legislation would lower the legal threshold for intoxication for boat operators from .10% to .08%. That is currently the standard for determining drunk driving in OK.
Sponsors of Senate Bill 902 say that boats are motorized vehicles and that drunken boat operators can be as dangerous on the water as on the road. The measure passed both house of the state legislature and is now being reviewed by the Governor.
Have you been arrested for DUI in OK?
Filed in DUI Laws | Oklahoma DUI | Permalink | Comments (0)
Legislation Would Drop Driving Ban for North Carolina DWI
New bill would allow those guilty of drunk driving to re-apply for driver’s licenses.
Lawmakers approved a measure that would ease the penalties associated with driving while intoxicated in North Carolina. Under current NC DWI law, some repeat offenders have their driving privileges revoked for life. The new law would allow a driver who lost his/her license for drunk driving in NC to apply for a new license if they have no traffic or criminal convictions within the prior ten years.
The bill's supporters say that penalties for DWI should be tempered with opportunities when alcoholics seek help and recover from their illness. Opponents take the position that offenders should be punished without exception, and that the law is only for the convenience of drunks.
The legislation passed the state House by a vote of 89 to 29, and it is now headed to the state Senate.
Were you charged with DWI in NC?
Filed in DUI Laws | North Carolina DUI | Permalink | Comments (4)
Update on Texas DWI Related Laws
Texas legislature considering several anti-drunk driving bills.
(Austin Texas) – There are two Texas DWI bills being considered by the state legislature. House Bill 4061 would expand the criteria for mandatory installation of an ignition interlock device in a vehicle. The device analyzes a driver’s breath sample and disables the ignition if the blood alcohol content registers above a pre-set limit. Currently, TX DWI law requires an ignition interlock for repeat drunk driving offenders and those who register a very high BAC at the time of an arrest.
The new law would nearly double the number of motorists subject to the installation of the device by requiring an interlock for all convicted of DWI, even first time offenders. A judge will have the discretion to deem the interlock unnecessary.
The ignition interlock bill was passed unanimously yesterday by the House. Similar legislation failed in the last legislative session though there is no organized opposition to the measure this time around.
The other DWI measure being considered by the legislature would permit larger cities and highly populated counties to establish sobriety checkpoints. There is much controversy surrounding the bill, including concerns over potential abuse, racial profiling, inefficiency and a perceived police state where innocent motorists are stopped without reasonable cause. The bill was passed by the Senate by remains in House committee.
Late yesterday, one lawmaker attempted to add the sobriety checkpoint bill to major legislation on the future of the Department of Public Safety. The House parliamentarian however told the lawmaker to withdraw the amendment because it involved activities conducted by law enforcement groups other than the DPS. As a result, the sobriety checkpoint law is expected to die in committee.
Do you need to hire an Austin TX DWI lawyer?
Filed in DUI Laws | Texas DUI | Permalink | Comments (0)
New Utah DUI Law Calls for Vehicle Seizure
Penalties added on eve of allowing drinks to be served in restaurants.
The Utah legislature recently passed measures that dramatically changed access to liquor in the state. Now bars are not required to operate as private clubs and restaurants will be able to serve drinks. Due to more relaxed availability of alcohol, some lawmakers saw the need to strengthen laws dealing with driving under the influence in Utah.
A new law set to take effect today calls for the seizure of vehicles used by repeat DUI offenders. The bill is not retroactive, so only those convicted of felony DUI after May 12 who have their driver's license suspended and are subsequently re-arrested and convicted of another drunk driving offense on a suspended license are subject to losing their vehicle. Provisions are in place to address vehicles that have been loaned to the drunk driver, protect those who have financed the vehicle and are owed money, and help families with only one form of transportation.
Based on past statistics for DUI in Utah, it is anticipated that 10 vehicles a month will be subject to seizure. The condition and age of the vehicle will also influence the prosecution’s decision to seize a vehicle. Confiscated vehicles can be auctioned off with the proceeds funding grants to local law enforcement agencies.
Additional UT DUI provisions becoming law include extending the period of time for a license suspension from 90 to 120 days and a series of escalating penalties for under-age drinking that include loss of license, mandatory substance abuse treatment and, with repeat offenses, jail.
Are you looking for a UT DUI Lawyer?
Filed in DUI Laws | Permalink | Comments (0)
