DUI News

The New Year has started and there has been a significant change in the Tennessee DUI law. If a person is stopped for a minor traffic violation and a check on their records indicates the driver had a DUI in the past, the officer may request a breathalyzer. The state also has gone to the implied consent rule where you must submit to a breathalyzer test at the request of a law enforcement official.

The state has changed the playing field and you need to respond to this charge as aggressively as possible. A second DUI conviction carries much stiffer penalties than a first offense. These new law changes will make it much easier for law enforcement and the prosecution to secure subsequent convictions. An experienced Tennessee DUI attorney has been planning for these changes since they were announced and offers the best chance of reducing the penalties that this charge can bring.

Between the fines and the increased insurance premiums a second DUI offense can cost you a small fortune. The penalties for a second DUI will affect more than your wallet as well – a subsequent DUI conviction could result in a lengthy license suspension and the possibility of jail time. Anyone facing a DUI charge should reach out to an experienced DUI attorney as soon as possible so an appropriate defense strategy can be developed.

Nebraska DUI law underwent some serious changes as of the first of the year. The time to look back at a DUI offense has officially been moved up from 12 years to 15 years. This means that any subsequent DUI charge will count as a second offense if you have had a DUI at any point within the past 15 years.

The new law also doubles the suspension for anyone with a BAC level of .2 or higher. This new, lengthier suspension begins fifteen days after your arrest. Arresting officers will now be allowed to ask for more than one blood, urine or breath test in an effort to prove guilt as well.

A Nebraska DUI attorney is well aware of these changes – the most significant of which is the increase in the look back from first to second offense. The punishment for a second offense is extremely harsh. If you have a first offense you will need a Nebraska DUI attorney to help get the new charges reduced.

There could have been a number of flaws with the investigation that your DUI attorney will be able to identify and use in your defense. Hiring an experienced DUI attorney gives you the best possible chance of having this charge removed from your record.

A California driver who was arrested for a DUI faces additional criminal charges after he fled his hospital room, where he was being treated for injuries caused by his negligent driving, in order to evade police.

52-year-old James Thomas Miller, a resident of Santa Rose, California, was arrested last week on suspicion of driving under the influence of alcohol after allegedly causing a crash on Highway 1 near Sebastopol, California, according to a report from the Press Democrat.

When police officers responded to the scene of the accident, they discovered that Miller had driven his Ford pickup truck off the road, which caused the car to strike an embankment. The force of this collision sent the truck spinning back onto the road, where it eventually overturned.

Emergency personnel who responded to the accident sent both the driver, Miller, and his passenger to a hospital to be treated for their wounds. This is where events grew even more interesting.

When police arrived at the hospital to question the driver, they discovered 46-year-old Kimberley Turpen, who was being treated for injuries to her head and arm. Turpen told police that she had only been a passenger, and that Miller had been driving the truck at the time of the accident.

To the officers’ chagrin, when they tried to locate Miller, hospital officials told them that he had fled the premises before the police arrived.

Fortunately for police, though, the injured driver did not get very far. They soon discovered Miller at a nearby bus stop, where he was seen stumbling around a road.

When police arrested Miller at the bus stop, they determined that he was drunk because he failed a field sobriety test, and Miller was arrested for drunk driving and other charges.

Miller faces a long road to freedom, as this is not his first DUI offense. Sources indicate that Miller has been arrested for three prior DUI offenses, as well as seven suspended license infractions. Miller was also on probation at the time of the accident.

And, under California DUI laws, Miller may face an addition felony charge for being arrested for his fourth DUI within a span of 10 years.

While most states’ DUI laws are different, almost every state punishes repeat DUI offenders more harshly than people who have only committed one offense.

Possible additional punishments for repeat DUI drivers include steeper fines, longer jail sentences, possible prison sentences, and suspended licenses. If they are allowed to driver in the future, drivers with multiple DUIs may have to use breathalyzer devices in their cars to ensure that they are sober every time they drive.

After a few DUI convictions, many drivers lose their license to drive for significant periods of time, and DUI drivers may spend up to several years in prison for their transgressions.

The DUI crackdown in San Bernardino has seen an increase in arrests by nearly a hundred in 2011 compared to 2010. Extra patrols were deployed for New Year’s weekend and all drivers were encouraged to watch for possible DUI drivers and report them.

Officers have been working longer hours which could lead to some mistakes.  Improper use of a breathalyzer or failure to follow proper procedure while gathering evidence could easily result in unwarranted DUI charges.

Anyone caught in this type of crackdown effort should contact a California DUI attorney immediately.  An experienced DUI attorney is well versed in all aspects of DUI law and will be able to quickly identify errors on the part of the arresting officers that could lead to a dismissal of charges.

Facing a DUI hearing is intimidating and certainly not something that should be tackled alone.  California officials take the crime of DUI very seriously and prosecutors look to punish those who get behind the wheel while under the influence.  It takes an experienced professional to help you build an effective defense for your DUI hearing.

A DUI can cost far more than just a license suspension. There are fines, surcharges and increases in Insurance that you will be paying for years. When faced with this situation you have to have the help of a California DUI attorney if you hope to walk away with positive results.

While a driver may be arrested for a DUI, there are several obstacles that the prosecutor must overcome before successfully convicting that driver on official charges.

Potential errors made by police officers during a DUI arrest include failing to follow standard police procedures, conducting an illegal search or seizure, or giving a faulty breathalyzer test.

Errors such as flawed breathalyzer tests can be a legal nightmare for police departments, as evidenced by a recent incident in Kentucky in which several alleged DUI drivers may be set free after the police made a very technical mistake.

According to an investigative report from Louisville’s Courier-Journal, the results from alcohol breath tests that were used against roughly 600 drivers may be inadmissible in court after police discovered that four lab technicians had let their licenses lapse.

In what the local prosecutor called a “very unfortunate situation,” hundreds of breath test results have been challenged because they were performed by lab technicians who were working with expired certifications.

The inadmissibility of these breath tests could lead to dropped cases against hundreds of suspected DUI drivers because the breath tests are often the best evidence police can present against people suspected of drunk driving.

According to a Jefferson County Attorney Mike O’Connell, whose cases will be weakened if the breath tests results are thrown out, these tests represent “the single most important piece of evidence at trial.”

He also observed that the results of portable breathalyzer tests, which are used in the field as a first line of detection by police officers, are not admissible in court because of their unreliability.

Thus, police typically rely on blood or breath tests that are administered at the police station after the arrest. These tests, it appears, are much more reliable than the portable units used by police officers.

O’Connell expects that many DUI lawyers will try to reverse convictions for their clients that were supported by faulty tests.

He fears that many convicted drunk drivers may be released, unless state authorities can support their convictions with other compelling evidence, such as video of the driver during the arrest, witness testimony, or the results of field sobriety tests.

And, even if the defendants are able to escape DUI charges, prosecutors may still try to convict them on other charges, like public intoxication, disturbing the peace, alcohol intoxication, and wanton endangerment, none of which require breath tests at trial.

Despite these potential alternatives, though, Louisville police are embarrassed by the incident, which they claim is very rare and hasn’t happened before in Jefferson County.

Of course, while the police and state attorneys may be upset, there are hundreds of suspected drunk drivers in Louisville who can’t believe their good fortune.

The potential costs of a DUI arrest can be very high, as drunk drivers often face large fines, possible jail time, or a suspended license. The costs of a DUI, however, often extend beyond these immediate losses.

For example, many people who are convicted for a DUI find that their insurance premiums rise dramatically. Insurance companies, quite naturally, are more reluctant to insure drivers with a history of drunk driving.

According to a recent report from Fox Business, insurance premiums for drivers with a DUI on their driving record could rise anywhere from 30 to 100 percent.

In Colorado, for example, rates may jump by 30 percent, while North Carolina residents could face a staggering spike of 340 percent on their next car insurance bill. Some insurance companies may drop customers altogether, depending on the severity of the drunk driving incident.

While insurance rates may spike after a DUI, this rise is not necessarily permanent. The length of time rates will rise depends on your insurance company’s own policies, but it is common for your record to be wiped clean (in the insurance agency’s eyes) after about three years.

However, many states keep DUI convictions on a driver’s record for much longer periods of time, which could result in a driver facing higher premiums for up to a decade.

In California, for example, drivers are prevented from receiving a safe-driver discount for at least 10 years after a conviction for driving under the influence of alcohol.

In addition to increased insurance rates, drivers also have to complete an SR-22 form, which is a certificate of responsibility that many states require drivers to complete after they have been convicted of a DUI.

This certificate of responsibility must be carried by the driver for a certain period of time (usually three to five years) after the driving incident that created the need for the special license. Again, this certificate is just another hurdle for drivers after a DUI.

Of course, the statistics shDUIng insurance rate spikes after a DUI serve as evidence that people who are arrested for a DUI should take the charges very seriously. And just because a person is arrested for a DUI does not mean that he or she will be convicted.

A number of things can go wrong during a DUI arrest that may hurt the prosecutor’s case, and a DUI attorney may help you understand more about your legal rights after drunk driving arrest.

And, if you are able to defeat your DUI charges, your insurance company may never learn about the incident, and insurance premiums may stay put.

While this may not always be the case, it is certainly worth your time to research your legal options after a DUI arrest, because these incidents do not always have to be fatal to your reputation or your finances.

Four Louisville metro corrections officers that regularly give breathalyzer tests failed to get recertified to use the equipment. These problems will lead to around 500 cases to be called into question dating back to September.

The law in Kentucky states that the breathalyzer test must be administered by a person certified in its use. Many people who have taken this test and suffered a DUI conviction will have a chance to get their charges reduced or dismissed due to this error.

Breathalyzers have often been a source of problems for the prosecution when charging someone with a DUI. An experienced Kentucky DUI attorney can use this information to attack the evidence gathered against his client as inadmissible. If you have been charged with a Kentucky DUI an experienced Kentucky DUI attorney will be able to best represent your rights when you go before the court.

Your Kentucky DUI attorney will examine every piece of evidence gathered against you in an effort to get your DUI charges reduced or dismissed. If the arresting officer stopped you without probable cause or failed to follow proper procedure when gathering evidence you your DUI attorney can use that information in your favor.

Kentucky law enforcement officials take the crime of DUI very seriously and will continue to fight to secure convictions in spite of this error. If you hope to walk away from your Kentucky DUI case with a favorable verdict you need to enlist the help of an experienced DUI attorney.

Ben Wallace, center for the Detroit Pistons, was sentenced to 30 hours of community service and a year’s probation for his guilty plea to a DUI charge in September of last year. The fact that he had a blood alcohol content of .14 along with an unloaded firearm in the car could have resulted in much greater penalties. As it is he does have to pay fines, court costs and perform the community service.

Wallace was stopped while driving “erratically” but there was no accident or other passengers involved which probably helped him with the plea bargain avoiding jail time. It is very likely that the greatest asset to Wallace during the DUI trial was his Michigan DUI attorney.

The Michigan DUI attorney for Mr. Wallace seemed to be faced with a tough task considering the facts. There was plenty of incriminating evidence to go along with the fact that his client was famous, which can sometimes be a disadvantage due to the extra scrutiny the case could draw.

Anyone who has a DUI in Michigan should do as Ben Wallace did and hire an experienced DUI attorney. All the court procedures that Mr. Wallace would have been exposed to for the first time could have had him accepting a much stronger sentence. A Michigan DUI attorney knows what arguments to make when discussing a plea which can make a powerful difference in the punishments that are handed down.

After a DUI arrest, suspected drunk drivers have several options. They can take a breathalyzer test or refuse to do so, they can bail themselves out or spend the night in jail, and they can determine how they behave in front of the police.

Rarely, though, do DUI suspects take the ill-advised choice of running from the police. This practice, however, seems to be grDUIng more popular, particularly in the town of Sioux Falls, South Dakota.

According to a recent report from Sioux Falls’ newspaper, The Argus Leader, local police have had a difficult time with runners, or people who sprint out of the police station while waiting for the results of a blood or breathalyzer test.

The problem is particularly acute in the case of convicted DUI drivers who must return to the police station for a daily blood alcohol test.

After a DUI conviction, South Dakota often orders offenders to participate in a 24/7 sobriety program. For a period of a few months, the offenders must have a blood test taken every day at the police station.

If the individuals pass the exam, they are free to go, and eventually graduate from the program after a certain period of documented sobriety. If, however, the individuals fail the exam, they are immediately placed into jail because they violated the terms of their DUI probation.

One hole in this system in Sioux Falls, though, is that a test-taker must wait in the police department for 15 minutes while the police officer attempts to determine the validity of the initial test.

During this waiting period, the offender waits in the lobby, which is not staffed by a security guard, and the only officer in the room is behind a desk tinkering with blood tests. In other words, it is an invitation for a concerned offender to run.

This occurs fairly frequently in Sioux Falls, according to the report, and recently happened in the case of Brad Lehrkamp. The 28-year-old Lehrkamp was waiting in the lobby and he feared that he had “blown hot,” or failed his blood test.

Lehrkamp’s fears proved accurate, and so, fearing the prospect of going back to jail, Lehrkamp bolted out of the lobby and made a run for it.

His attempt to flee, however, was quickly thwarted when he broke his leg leaping down the police department’s stairs. After being treated at a nearby clinic, a gimpy Lehrkamp was promptly delivered to a local jail.

Of course, dramatic attempts to flee are not the only possible method of escaping South Dakota’s 24/7 sobriety program. Other defendants simply refuse to show up for their appointments, which voids the terms of their probation and also leads to further jail time.

These 24/7 programs have been very popular in many states, because they save the costs of jailing a DUI offender, but also allow law enforcement officials to keep close tabs on people who may act as a danger to others.

The programs, however, also have their critics, many of whom claim that daily blood tests are too intrusive, and that they may not prevent future DUI accidents if they are too loosely enforced.

The Chicago Tribune recently reported that a woman with a BAC of three times the legal limit hit a dozen cars before driving into an office building owned by the Children’s Memorial Hospital. The driver was charged with misdemeanor DUI.
 

Although a first offense DUI is considered a misdemeanor it could lead to some very serious consequences.  A driver convicted of an Illinois DUI could face possible jail time and a year suspension of driving privileges along with heavy fines and increased insurance premiums. Since this driver was three times over the legal limit the fines will be increased and she will also face community service in addition to the possibility of jail time. 
The case illustrates how much havoc a DUI conviction can cause.  Any Illinois driver charged with a DUI should reach out to an Illinois DUI attorney to get help in fighting the charge and limit the future damage it can do to both your wallet and life.

Your DUI attorney will work to find witnesses to support the contention that your driving did not create a probable cause for officers to stop you and may challenge the results of BAC tests.  An experienced Illinois DUI lawyer will look at every part of the case against you and fight to dismiss any evidence that may have been obtained improperly.  Having an experienced DUI attorney on your side is the only way to walk away from DUI charges with favorable results.