The reason most people have never heard this phrase before is because there are currently only two states that have implemented the use of the FR44 filing form in place of the more common SR22 filing form for DUI offenders and those states are Florida and Virginia.

The use of the new FR44 form for DUI offenders in Florida went into affect on February 02, 2008. The change to the FR44 filing instead of the more common SR22 filing that DUI offenders are more familiar with was a retroactive change meaning that anyone with a DUI as old as 10/01/07 who was still required to maintain an SR22 filing with the Florida DMV had to basically upgrade their filing to the new FR44 filing.

Unlike the SR22 form where the “S & R” do not stand for anything, the “F & R” in the FR44 form stand for “Financial Responsibility”, which makes sense since the SR22 filing is always referred to as “showing proof of financial responsibility”.

The big difference between the SR22 & the FR44 filing in Florida is in the liability limits of the insurance policy. Under the SR22 filing in Florida the liability limits were as follows:

$10,000/$20,000 bodily injury per occurrence
$10,000 property damage per occurrence

When you are looking at those coverage limits, those are some bare bones limits in my opinion. Just one accident could easily cap anyone of those coverage limits.

Take for instances if you were in an accident and the other vehicle was a brand new Mercedes SL550, which sells new for around $100,000 ouch, you can eat up your $10,000 property damage in the blink of an eye.

Now the FR44 filing requirement for DUI offenders in Florida has increased liability limits and those limits are:

$100,000/$300,000 bodily injury per occurrence
$50,000 property damage per occurrence

So now if you were in that same accident with that price Mercedes SL-550 you stand a better chance of being able to cover the damage limits.

And frankly with the ever increasing costs of vehicles nowadays it just makes sense to carry high liability limits just in case. I know on my auto insurance I carry limits of 100/300/100 so I have $100,000 property damage coverage per occurrence.

I know some people choose to carry the least amount of insurance coverage as possible, but I sleep better at night knowing that if I am in an accident I am going to be covered.

I can’t begin to tell you as a cyclist how many close calls I have had with motor vehicles while riding my bike on the road and the problem is magnified when the vehicle’s driver is apparently under the influence of drugs or alcohol as was the case this time.

The victim, a 16 year old boy was struck by the women’s vehicle near Sunset Cliffs in San Diego around 5 p.m.

This just goes to show you that being involved in an accident with another vehicle while that vehicle’s driver is under the influence can happen at anytime day or night.

Thomas Dekker from the t.v. show “The Sarah Connor Chronicles” was also involved in a motor vehicle accident involving a cyclist. NJ.comreported that Dekker was being held on suspicion of DUI after hitting a cyclist Wednesday night in the San Fernando Valley area.

For all the cyclist out there, please keep your wits about you while riding on public streets.

The video clearly shows how officer Florito has been strong arming supposed DUI suspects and falsely arresting them on DUI charges. The apparent suspect in the video performs the field sobriety tests better than anyone I have every seen and his lawyer confirms that he has never seen a defendant perform the field sobriety test this well in his entire career.

Richard Florito is currently on desk duty pending an internal affairs investigation into the allegations against him. Florito has been averaging 300 DUI arrests per year. Even if you figure the guy works 250 days per year that works out to be an average of 1.2 DUI arrests per shift.

This is a good example of police departments looking the other way and not stepping up and saying, hey I think we have an issue here this officer has been making way more DUI arrests than anyone else. How is that possible?

As a tax payer it infuriates me to no end knowing that this type of behavior is being tolerated in police departments across the country and innocent people are being arrested an probably convicted of crimes that they did not commit.

Before this hearing takes place it is a very good idea to retain the services of an experienced criminal law attorney in California. The laws are confusing at times and without proper preparation before the administrative hearing some evidence could get missed that could help you get your driving privileges reinstated. An experienced attorney knows these procedures inside and out.

At the California DMV administrative hearing the hearing officer will review the evidence that is being presented by the arresting officer, swear in the officer, begin to take the officers testimony, and try to determine if the officer had probable cause to suspend or revoke your driving privileges.

The hearing officer will review the evidence that is being presented in your favor by you and your attorney, if you hired one, swear in you and your attorney and any witnesses that were subpoenaed before the hearing to testify on your behalf. This is where an experienced attorney can present rebuttal evidence to get the breath test results excused, and use other strategies effectively to get his clients driving privileges reinstated, if he is successful.

After all the evidence has been presented by both sides, the hearing officer will close the hearing, review the evidence, make a decision, and then send a written formal decision to your attorney, again if you hired one, handling your case. Estimates put this written formal decision to take up to a month or more to reach the defense attorneys office.

If the hearing officer decides in your favor your driving privileges will be reinstated, but if your license was suspended or revoked you will need to wait until this period is over before you can start the process of getting your license back.

Californias DMV puts these suspension periods at a 4-month suspension if you took the breath test on your first offense, a second or subsequent offense within 10 years of the first DUI will result in a 1-year suspension.

If you opted not to take the breath test at the time of the police stop your license will be suspended for 1-year on the first offense, a second offense results in a 2-year revocation, and a third or subsequent offense will result in a 3-year revocation of your driving privileges.

After these suspension or revocation periods, you will need to provide proof of financial responsibility, a SR22 insurance policy with the mandatory liability limits, and pay the reissue fee of $125 to the DMV. The California DMV states that all first time DUI offenses are required to attend and complete a Drinking Driver Program. For a 2nd or subsequent DUI conviction you will be required to complete an 18 or 30-month Drinking Driver Program.

For more information on the Drinking Driver Program please contact the California DMV at (916) 657-6625.

If you need a restricted license to drive to and from work you will need to apply at any DMV field office.

This post will focus on New Yorks administrative hearings and what their hearing rules of procedure entail.

Who handles administrative hearings in New York if I need one?

New Yorks Office of Administrative Hearings manages administrative hearings where the Office of General Counsel will represent New Yorks Division of Licensing Services. This department determines what action will be taken against a licensee that is regulated by this department. This Division of Licensing services has assembled a guide to statutes and rules that relate to hearings and provides the necessary information to defendants and their respective attorneys.

Here are just a few reasons for a revocation or suspension of your drivers license:

You refused to submit to a chemical test as required by law at the time of the police stop.

Your chemical test produced a BAC percentage of .08 or more, or shows the presence of a controlled substance.

You were driving (operating) a commercial motor vehicle and a chemical test produced a BAC percentage of .04 or more, or shows the presence of a controlled substance.

These are a few examples for getting your drivers license suspended or revoked. Other reasons could include too many points against your license from speeding or other moving violations, and drug or alcohol related offenses. It would be a good idea to check your states Motor vehicle Department to see which offenses will result in a license suspension or revocation.

How will I know when my administrative hearing is scheduled?

This administrative hearing needs to be scheduled as soon as possible after the arrest; New York will generally schedule this hearing within 10 days of an offense that requires a hearing, under current statutes.

All of the parties involved will be given a reasonable notice of the administrative hearing by the state of New York with a time, a place, and the nature of the hearing. You will also be given documents or reference materials to a particular section(s) and the rules involved, where applicable.

What usually happens at an administrative hearing?

At an administrative hearing, a hearing officer will explain the process to you, swear the arresting officer in and review all the evidence that the officer has presented against you. The hearing officer will begin to take testimony from the arresting officer, and the hearing officer will start to determine if the arresting officer had enough probable cause to arrest you and if the arresting officer followed the official procedures set forth by the state.

The hearing officer will swear you and your attorney, if you hired one, in next and any witnesses that were subpoenaed to appear on your behalf at the hearing. (You will need to subpoena any witnesses before you go to the hearing not after.) The hearing officer will review all the evidence that you and your attorney are presenting in favor of you and will also begin to take testimony from you, your attorney, and any witnesses that you have.

The hearing officer will close the hearing after all evidence has been presented and there are not further questions from either side. The hearing officer will make their decision after all the evidence and testimonies have been reviewed and make their decision as to either dismiss the charges for a suspension or revocation and return your license to you or the hearing officer will uphold the suspension or revocation for the minimum time permitted by law for the crime that has been committed. This suspension or revocation period is also pending on your driving record, meaning if you have a long criminal history the suspension or revocation period could be longer, compared to a first time offender.

If you disagree with the hearing decision you have the right to appeal the decision to the court.

An excellent tip to remember would be to show up for your hearing prepared. If you fail to appear at the scheduled hearing many states will waive your rights to a hearing and the action against you will go into effect.

Additional information may be obtained by writing to:

Department of State
Office of General Counsel
One Commerce Plaza
99 Washington Avenue
Albany, NY 12231

Or by visiting www.NewYork.gov

According to the Governors Highway Safety Association numerous states are implementing laws that make texting while driving illegal, the District of Columbia and 14 other states have passed laws that ban texting while driving and 21 other states and the District of Columbia have a ban on all cell phone use by novice drivers.

In Richmond, Virginia, as of July 1, 2009, drivers that are found to be sending text messages or emails while driving will face a $20 fine for the first offense and $50 for the second offense. The Virginia Department of Motor Vehicles reported last year that there were 28,395 crashes involving driver distraction. Of those, 114 people died and 14,480 were injured.

There are several exceptions in the new law banning texting and emailing in Virginia. Those exceptions include emergency vehicle operators, drivers who are parked, and drivers who are reporting an emergency. Furthermore, texting while driving is a secondary offense, which means that the Police Officer must have stopped the driver for a different reason before citing the driver for texting while driving.

Fox News in Cleveland, Ohio reported on July 17, 2009 that the city is ready to start implementing their ban on texting while driving (TWD). Fox also reports first time offenders will face a $100 fine, 2nd offense is $250, and the 3rd offense nets the offender a $500 fine.

Considering the huge fines if caught texting while driving in Cleveland, it hardly seems worth it. I love to use my phone just as much as the next person but not if its going to cost me upwards of $500 if I’m caught texting.

25 states have made texting while driving a primary offense, with only a handful of states making this a secondary offense. The states that have laws against texting while driving only have a ban on the offense for bus drivers, learner permit drivers, and drivers less than 18 or 19.

It has even been reported by the U.K. Transport Research Laboratory, that TWD (Texting While Driving) reduced drivers reaction times by 35%. Additional research shows that drunk driving reduces the drivers reaction time by 12%. Using just the reaction time percentages, texting while driving is around 3 times more dangerous than drunk driving.

It would be a great idea to check the laws in your state on whether or not texting while driving is illegal and also if there are laws against cell phone use while driving before engaging in such a distracting action.

According to Tennessee rule 1340-1-14-.02, an Ignition Interlock is a program where the participant is an individual who has been ordered by a court, pursuant to the provisions of T.C.A. 55-10-412, to operate a motor vehicle which has been equipped with a functioning ignition interlock device. (Source: Tennessee.gov)

Meaning, if the court has ordered an IID program you will be required to have an IID (ignition interlock device) installed in your vehicle at your expense and you will be required to maintain this device for as long as the court determines, usually 6 months after reinstatement of your license. Which in Tennessee your license can be revoked for 1 year for the first DUI offense, 2 years for the second, and 3 or more years for subsequent DUI offenses.

An IID is an alcohol breath fuel cell analyzer that is connected to the vehicles ignition system and it prevents the vehicle from starting if the drivers BAC (Blood Alcohol Content) exceeds the setting on the IID.

The Department of Safety in Tennessee has provided a list of authorized Ignition Interlock Device providers, and requires the offender to have the device serviced and inspected 30 days after the initial installation and at least every 60 days after that.

The IID provider/installer has rules and regulations that the provider needs to comply with after the installation of an IID. Also it would be a good idea to make sure that the appropriate forms have been submitted after this installation. Reason being is that if you are required to be apart of the IID program the Alabama Motor Vehicle Department will not reinstate your drivers license until they have the documentation from an authorized dealer that the IID has been installed.

Some of the provider rules and regulations are:

*Having a service station that is open during normal business hours.

*Installing an IID that is able to record information.

*Installing an IID that meets or exceeds the NHTSA (National Highway Traffic Safety Administration) manufacturing standards.

*Have the device installed by personnel that have been certified by the manufacturer.

*Within 2 working days of the installation, the provider is required by the state to submit the appropriate form as proof that the IID has been installed.

*Also the installer needs to furnish to the State of Tennessee the owners name, and also the make, model, VIN, license plate number, and insurance information of the vehicle the IID was installed on.

*Serial number of the IID and the devices term, monitoring checks, and payment schedule.

For a complete list of rules and regulation for the Ignition Interlock Device provider/installer, definitions, monitoring requirements, and other rules of the Ignition Interlock Device Program please visit the State of Tennessee’s website.

I have only provided an overview of the Ignition Interlock Device Program, as this is a complex and serious program that requires a thorough understanding of the requirements and procedures by all of the individuals involved. I highly suggest visiting the links provided to learn more about this program and please contact the State of Tennessee Department of Safety if you have more questions about this program.

Actually quite a bit, not only from an out of pocket expense to cover all the fees, but from the loss of salary/income from taking time off to handle your DUI conviction, actually losing your job, medical costs that aren’t covered by your insurance, vehicle/property/personal damage, if any, to others and their vehicles.

Additionally, a loss of time from a driver’s license suspension or revocation (90 days to years), DUI treatment programs if ordered to do so (3-30 months), weekly probation visits for drug/alcohol screenings, and jail time or community service from 24 hours to multiple years.

According to the Rocky Mountain News in June 26, 2004 DUI related costs were:

Car towing……$65
Daily car storage fee……$20
Bail fee (15% under $10,000 — minimum bond $1,000)……$150
Jail filing fees……$10
Defense attorney’s fee……$2,500
Minimum fine……$300
Victim assistance fund……$60
Victim compensation fund……$60
Law enforcement assistance fund……$90
Alcohol evaluation……$181
Restitution cost for chemical testing……$30
Probation supervision fee……$600
Community service supervision……$60
License reinstatement……$60
Driver’s license retesting and new license……$25.60
Brain injury surcharge……$15
Court cost……$21
Alcohol education classes/treatment……$425
Victim impact panel assessment (if ordered)……$25
Auto insurance increase……$4,800 prorated over three years

Total: $9,497.60

In 1999, Colorado-DUI.com reported DUI conviction related fees at $8866.00, an increase of $631.60 over the course of 5 years. Not a huge increase, but none-the-less an increase. Now add that amount to the approximate cost of a DUI In 2004 to estimate what you might pay in 2009 and you come up with a high-end average of $10,129.20.

This is an approximate fee schedule; additional fees may be passed onto or subtracted from your overall costs you might be required to pay. A lot of this will depend on the details of your conviction and whether or not you hired an attorney.

Additional difficulties not listed above could include divorce, custody of children lost, a bad influence on children, and worse case scenario the death of someone in the vehicle you’re driving or a vehicle you may have hit.

If you have injured or fatally injured someone in an accident you will need to hire an attorney as soon as possible and in this case you will need to collect all the resources you have and retain the best attorney possible.

If you do not enter a guilty plea or a not guilty plea, and a plea bargain is not reached and you go to trial and get convicted of DUI you might have to consider hiring an appellate attorney to manage your criminal appeal. Estimates put this cost at somewhere between $10,000-$20,000. Again this cost will depend on your case and by the attorney that you hire.

Doesn’t seem worth it does it and that’s only the costs of a first time DUI conviction. Imagine the costs for a second or even a third DUI conviction.

This information is not intended to be legal advice, if legal representation is needed please hire an experienced attorney and ask him or her to advise you on the best possible route that you should take.

The AlcoHawk Elite Portable Breathalyzer features TempCheck Technology, which is a sensor that monitors the temperature of the device and informs you if the Breathalyzer is outside of its optimal operating range of 50-104F, by displaying a hot or cool saying on the stunning Blue Lit LCD display.

This professionally advanced feature is only available on the AlcoHawk Elite, as well as being the first semi-conductor alcohol breath tester on the market to incorporate this enhanced feature.

The AlcoHawk Elite comes loaded with Sensor Recognition Technology, which allows the device to monitor for certain types of abnormal sensor conditions.

This portable Breathalyzer has an Electric Air Flow sensor that ensures that the user continuously exhales into the mouthpiece for 4-5 seconds to accurately estimate their BAC (Blood Alcohol Concentration). This features is important as it makes certain that the test subject has given a deep lung exhale vs. a short exhale that would trigger an inaccurate reading.

The Elite utilizes a Sample Concentration Sensor, which is a software upgrade that permits the Breathalyzer to track if an even alcohol concentration is detected in the sample. (Source: Q3 Innovations) This technology delivers another check of sample integrity to provide the test subject with an accurate intoxication percentage.

This professional breath tester has a wide BAC detection range of 0.000-0.400% BAC and a sensor accuracy of +/- 0.01% at 0.02% BAC.

With all of the professionally enhanced features built into the Alcohol Elite it will require periodic calibration, depending on the frequency of use to keep those sensors operating at peak performance. There is a small charge involved in this process but it is definitely worth the money and time to have such cutting edge technology in a personal Breathalyzer.

Once you activate this small (6×2x10cm) and tremendously lightweight (180 grams) personal Breathalyzer with a single push of a button, the 9-volt battery will warm the device up in 60-seconds, required blowing time of 5-seconds, and display a response in 4-5 seconds.

Included with the AlcoHawk Elite are 5 hygienic mouthpieces to ensure an uncontaminated BAC result each time a new mouthpiece is used, a soft carrying case to protect the Blue Lit LCD screen from scratches, an owner’s manual, a quick start guide, and a 1-year warranty.

Dave recently purchased an AlcoHawk Elite from us and gave a highly favorable review, the accuracy of this device and the features found on the Elite compared to other breathalyzers that cost hundreds if not thousands more is awesome! This compact Breathalyzer has a special place in my glove box and is always ready to tell me if I driving home or taking a cab, I love it, I will never get a DUI as long as I keep it at peak performance!! Thank you DUI Arrest Help

Get a Portable Breathalyzer now!

The best defense against a DUI offense is to not drive after you have been drinking and the AlcoHawk ABI Personal Breathalyzer will deliver a professional and accurate estimate of your alcohol percentage to backup your decision of taking a cab.

The AlcoHawk ABI Portable Breathalyzer is one of the top selling breath alcohol-screening devices available today. It has a simple one-button operation, a warm-up time of 20 seconds; a DOT approved accurate air sample time of 5 seconds, and a response time of 3 seconds.

Add all that up and you get a professionally accurate estimate of your BAC percentage on a brilliant ruby red digital display in less than 30 seconds! These professional results are the combination of a sensitive oxide semi-conductor sensor and AlcoHawk’s Sensor Recognition Technology. These technologies are comparable to the equipment the Police Department would use in the field administering a PBT (Preliminary Breath Test) if they had sufficient probably cause that a driver was under the influence of drugs or alcohol.

Furthermore, AlcoHawk’s proficient breath testing sensors are another reason why you shouldn’t be without this device in your pocket, ready to test your BAC after you have been drinking and ultimately before you get behind the wheel and drive.

The AlcoHawk ABI Personal Breathalyzer comes included with a soft carrying pouch, five mouthpieces to see to it that each breath sample is uncontaminated by a previous test, a wrist strap, quick start guide, owner’s manual, and a 1-year warranty. The dimensions of the AlcoHawk ABI Personal Breathalyzer are 120mm x 60mm x 25mm and has a weight of 200 grams. Which is the size and weight of a small wallet that someone would carry in their pocket or purse.

James from Maine, Simply one of the best breathalyzers I have ever used.

Cara in Arizona mentioned, I wish I would have had this Breathalyzer before I got my first DUI. I hired an attorney to help with this process and he was well worth the money. I just wish I had gotten a portable Breathalyzer sooner so I never would have had to go through the expensive DUI process and now my record is screwed up for years. I will not get another DUI now that I’ve bought an AlcoHawk.

And last, but certainly not least the AlcoHawk ABI has an incredible accuracy of 0.01% BAC @ .10% BAC and a detection range of 0.00-0.40% BAC (Blood Alcohol Content). The professional grade semi-conductor oxide sensor does get saturated and requires periodic calibration depending on the frequency of use. This small inconvenience far outweighs the exhaustive, expensive and life changing consequences that a DUI conviction generates.

Get a portable Breathalyzer now!