DUISearch results for category: DUI Penalties & Fines
7000 Using Interlock Devices for Illinois DUI
Law requiring the devices has been in effect since beginning of year.
At least 7000 motorists in the state of Illinois have been required to install ignition interlock devices in their vehicles. A law which took effect January 1, 2009 requires all motorists convicted of driving under the influence in Illinois to install the breath-testing devices if they wish to continue driving. According to the Secretary of State's office, another 5000 drivers could install the devices by the end of the year.
The interlocks are required as a condition for return of driving privileges and are installed for 6 to 12 months, the length of time a license is typically suspended for first offense IL DUI. Drivers have the option of not installing the devices though they would be prohibited from operating a vehicle during the suspension period.
The offender pays for the installation and a monthly fee to maintain the equipment. The cost, and perhaps social stigma, are influential in the decision to opt out of use of the devices. As many as 40,000 are charged with Illinois DUI in an average year, most of them first time offenders.
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New Law Requires Interlock Devices for Some Missouri DWI Offenders
Repeat offenders for MO DWI must install the disabling device in their vehicles.
A new law has gone into effect requiring repeat offenders for Missouri DWI to install ignition interlock devices in their vehicles. The breathalyzer-type device tests the blood alcohol content of the driver and disables the vehicle's ignition if alcohol above a certain level is detected.
Motorists with one conviction for driving while intoxicated in Missouri will be required to install the devices should they be charged with a second or subsequent offense. The installation of the interlock will be a condition for return of driver's license.
The typical cost to 'rent' an ignition interlock device is $65 per month. Installation is $40 and removal is $35. All costs are borne by the MO DWI offender. According to state records, over 100,000 motorists in Missouri are subject to the mandatory installation of the device.
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Vehicle Seizures Planned for Texas DWI
Felony offenders for drunk driving in Montgomery County TX could permanently lose their vehicles.
The Montgomery County District Attorney's office is implementing an initiative to seize vehicles owned by drivers convicted of certain felony offenses. The plan is to confiscate vehicles of drivers on a fourth felony conviction for driving while intoxicated in Texas, as well as those convicted of fleeing from police or convicted of causing an accident with serious injury of death while drag racing.
According to Texas DWI law, property used during a drunk driving offense or boating while intoxicated offense can be confiscated if the defendant has three prior convictions for the same offense. The Texas Code of Criminal Procedure also allows for seizure of vehicles in certain cases of drag racing and those who attempt to evade arrest.
The DA’s office and law enforcement agencies involved in the program will be able to either use the seized vehicles or benefit from the proceeds of a sale or auction. When property is sold, thirty percent of any proceeds will go to the DA’s office, and the remainder, minus costs associated with the seizure, will go to the law enforcement agency involved with the arrest.
There are plans to purchase mobile breath testing machines with the proceeds from vehicle seizures. The county DA hopes to be able to seize enough vehicles to fund that. Montgomery County has the highest rate of per capita arrests for drunk driving in Texas. It is estimated that there are 1000 chronic offenders for DWI in the county.
The District Attorney’s office plans 'no refusal' weekends to crack down on TX DWI offenders by using warrants to demand blood samples to test for alcohol content. Additional efforts will target drunken boaters on area lakes.
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New York Considers Interlock Device for All DWI Cases
Even first offenders of NY DWI would be required to install the device.
Legislation was introduced yesterday calling for the mandatory installation of ignition interlock devices for everyone convicted of driving while intoxicated in New York. Senate bill S.27-b/A.7196-a would require the installation of ignition disabling devices in vehicles owned by DWI offenders who had a blood alcohol content at or above the legal threshold of .08%.
The bill's authors say that not enough has been done to reduce drunk driving in NY. They recite information from MADD claiming that ignition interlock devices have significantly reduced alcohol related accidents. The NHTSA statistics, however, reflect that the majority of those arrested for DWI never repeat the offense.
The proposed legislation passed the Senate Transportation Committee Tuesday and has not been debated by the full body. If passed, New York will become the eleventh state to require ignition interlock devices following a conviction for DWI.
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Tennessee Considers 'Shame' Plate for DUI Offenders
Those convicted of drunk driving in TN would have to purchase yellow license plates.
The State Legislature is considering a measure requiring a special license plate for those convicted of driving under the influence in Tennessee. The proposed bill would require a judge to sentence all found guilty of TN DUI to obtain a yellow license plate with 'DUI OFFENDER' in red letters. The license plate would have to be on the offender’s vehicle for at least one year.
The House Judiciary Committee delayed action on HB1837 until early May. A companion Senate bill has been stalled since February.
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State Senate Votes to Ease Charges on Texas DWI
Bill would allow judges to reduce surcharges for drunk driving and Texas driving violations.
Austin, Texas - The Senate approved a measure that would change the troubled Texas Driver Responsibility Program. Currently surcharges as high as $6000 are applied to those convicted of driving while intoxicated in Texas and other driving violations. The charges are in addition to regular fines, and the financial burden has lead to more than one million motorists being unable or unwilling to pay them.
The bill's author, Senator Eliot Shapleigh, originally called for scrapping the program in its entirety. Negotiations lead to a compromise allowing judges to lower the surcharge based on the case and barring the state from assessing students and the indigent. The legislation also allows motorists to earn credit toward satisfying the surcharge for each year they have no additional traffic violations.
Sen. Shapleigh called the surcharges 'punitive fines' to help the state balance its budget. The Texas Driver Responsibility Program was passed in 2003 when the state was facing a $10 billion gap in revenue. The intent claimed at the time was to make the fines so large that it would deter people from speeding, driving recklessly and driving under the influence. The biggest surcharge was levied against those convicted of drunk driving in Texas - $1000 each year for three years and $2000 each year for those with a blood-alcohol content in excess of .16%. The funds generated would go toward highway construction and trauma care. In practice, the percentage for highway funds has been redirected to the state's general fund and very little money has been spent on medical infrastructure. Of the 1.6 million motorists hit with the surcharge, nearly 1.1 million have not paid what now amounts to nearly $900 million.
A report from the Texas Department of Public Safety indicates that only 25% of those charged with failure to have a valid license paid the fine. 36 percent of those charged with Texas DWI paid. In 2007 the Texas legislature granted partial amnesty and initiated an incentive program for motorists to be in compliance. The DPS has increased its efforts to collect the surcharge, even going to the extent of hiring a collection agency.
The proposed legislation revamping the Driver Responsibility Program was passed by the state Senate by a vote of 23-5.
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Plan Aimed at Increasing Louisiana DWI Penalties
Goal is to quadruple the time a license is suspended.
A Taskforce on DWI and Vehicular Homicide assembled by Gov. Bobby Jindal has recommended legislation quadrupling the penalty for refusing a breath test in cases of driving while intoxicated in Louisiana. The law, which is still in draft form, would call for the suspension of a motorist’s license for 24 months. Under current Louisiana DWI law, a license is suspended for 6 months if a suspected impaired motorist refuses to submit to a breath test, compared to two years if the test is taken and failed.
Because of the difference in the suspension period, the governor and the task force members feel that the current law encourages drunk drivers to refuse a breath test. Opponents say the task force focused on only increasing penalties rather than offering treatment for chronic drunk driving offenders. One state representative cited a situation where a family member had to travel 1,100 miles to get treatment not offered in Louisiana, and indicated that harsher penalties alone will not necessarily change behavior issues.
Jindal approved of the DWI license suspension measure last month and the issue will be considered during the upcoming 2009 legislative session.
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Legislation Would Put Hold on Minnesota DWI Penalties
Motorists accused of drunk driving in MN would not lose license until actually found guilty.
In an effort to restore due process and a presumption of innocence until proven guilty, a state lawmaker has introduced a bill calling for motorists to be convicted of driving while intoxicated in Minnesota before losing their driver's licenses.
Under current Minnesota DWI law, drivers have their licenses suspended or revoked shortly after an arrest for suspicion of drunk driving. The revocation process can begin within 7 days of an arrest, and it is a separate civil case that occurs before defendants appear in court to resolve their criminal DWI offenses. The minimum suspension for registering a blood-alcohol content over the legal limit of .08% is 90 days. Refusal to submit to a breath or blood test will result in a one year suspension.
Under the proposed legislation, motorists would lose their licenses for a minimum of 30 days if the failed a breath test and at least 60 days if they refused to take a test.
Opponents of the measure have been quick to denounce it. Minnesota has an implied consent law which makes it mandatory for a motorist to provide a breath or blood sample if a law enforcement officer suspects a case of DWI. It is under that provision that licenses are suspended rapidly. Supporters of the bill say that drivers are penalized well before they even have the opportunity to defend themselves. They cite that not all motorists who drink are drunk. The public perception of an intoxicated driver is that of the chronic drunk who usually registers a BAC over twice the legal limit. In contrast, an arrest for MN DWI can be initiated by an officer based on the presence of alcohol and an assumption of impairment. The Breathalyzer equipment used in Minnesota has come under repeated legal challenges across the country for software glitches, and improperly maintained or calibrated equipment can lead to a false positive BAC readings. There are physical limitations that may influence a field sobriety test. It is those types of situations that are resolved in the court system with an impartial judge or jury.
The bill would also stop the seizure of license plates and vehicles until a person is convicted of DWI in Minnesota. In addition to re-asserting civil liberties, the legislation's author has criticized the current system as having fostered a costly, unwieldy bureaucracy.
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Lawmakers Approve Monitoring Device for Some NM DWI Cases
House votes to allow for alcohol monitoring bracelets after some drunk driving offenses.
Last year, lawmakers passed legislation making it mandatory for every one convicted of driving while intoxicated in New Mexico to install an ignition interlock device in their vehicle. Now legislators want to add another tool in the pursuit of prevention of drunk driving in NM. The House approved a measure that permits judges to require certain drivers convicted of drunk driving to wear an electronic monitoring device that detects alcohol.
The ignition interlock device is aimed at preventing drivers from operating a vehicle while under the influence of alcohol. The sponsor of the new law says the objective of the special ankle bracelet is sobriety. He said that many rural areas do not have alcohol rehabilitation facilities and the alcohol monitoring bracelet will help alcoholics and repeat drunk driving offenders remain sober.
The bracelets detect alcohol in the person's perspiration and through the air. The device periodically relays information to a company that tracks the devices. The data is forwarded to an appropriate probation office or government agency. The penalties for alcohol consumption have not been clarified.
The alcohol monitoring devices can cost around $15 per day, and there are installation fees. For those unable to pay for the bracelet, a judge is able to tap into a state indigent fund, which is also available for ignition interlock devices.
The New Mexico State House unanimously approved the proposed legislation, and the measure has been sent to the Senate for debate.
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State Senate Adds to Interlock Requirement for NM DWI
Those with a suspended license for drunk driving required to have the device for 6 months.
The New Mexico State Senate voted unanimously to pass legislation that requires drivers with revoked or suspended driver’s licenses for driving while intoxicated to install an ignition interlock devices in their vehicles. The devices, which measures a driver’s blood alcohol content before permitting the vehicle to be started, would be required for six months prior to re-instatement of licenses.
The bill’s sponsor says it closes another NM DWI loophole and makes the roads safer by requiring drivers to be sober for six months before gaining return of their licenses. He claims that currently motorists convicted of drunk driving in New Mexico are avoiding the state’s mandatory ignition interlock requirement by stating that they do not own a vehicle or won’t be driving.
Senate Bill, numbered SB275, now goes to the House for consideration.
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