DELAWARE STATE PROFILE
|
|
- William Floyd
- 8 years ago
- Views:
Transcription
1 The National Hardcore Drunk Driver Project DELAWARE STATE PROFILE KEY HARDCORE DRUNK DRIVING LEGISLATION: Administrative License Revocation Yes High BAC Law (0.15 BAC or greater) Yes Enhanced Penalties for Repeat offenders Yes 10 year look back period for repeat offenders Yes Penalties for BAC test refusal equal to or more severe than for test failure No DWI Courts No; Adult (Hybrid DWI/Drug) 0; Designated DWI 0 Vehicles sanctions Yes UNDERAGE VIOLATIONS: Graduated licensing Yes Zero Tolerance (i.e.,.02 BAC or greater) Yes - BAC limit: 0.02% Furnishing Yes - private residence, parent/guardian, legal-age spouse, and specified religious, educational, or medical purposes are exceptions IGNITION INTERLOCK LAW REQUIREMENTS: Yes Permissible for 1st conviction (at sentencing) and required for subs convictions (after 1 year hard license revocation). Also required for high BAC when enrolled in rehabilitation program pursuant to 4177D. NATIONAL HARDCORE DRUNK DRIVER PROJECT THE CENTURY COUNCIL 1
2 DEFINITIONS: Hardcore drunk drivers can be defined as those who drive with a high blood alcohol concentration of.15 or above, who do so repeatedly, as demonstrated by having more than one drunk driving arrest, and who are highly resistant to changing their behavior despite previous sanctions, treatment or education. Terms used in Delaware that could identify hardcore drunk drivers are: Multiple offender or repeat offender 2nd and subsequent offenses. Felony DUI: - Class G for 3rd offense within 5 years. - Class E for 4th and subsequent offenses. Habitual offender 3 serious violations within 5 years. DWI RECORDKEEPING & REPORTING: Driving records are a primary means of tracking the problem of hardcore drunk drivers. The following are key aspects of Delaware s records: New licensees are reviewed for prior DUI offenses in their previous states prior to license issuance. DUI convictions from other states are considered prior offenses in Delaware. Delaware utilizes a statewide DUI reporting system. Offenders are tracked through arrest, conviction, sanction imposed, and completion of sanction. There are approximately 627,000 licensed drivers in Delaware. The average BAC level of arrested and convicted offenders is.15. There were 6,937 drivers arrested for DUI in Of those, 2,800 were arrested for driving at BAC levels of.15 and above. The number of people arrested as repeat drunk drivers is not available. In 2007, there were 254 drivers who refused to take a BAC test. Of those refusals, none resulted in license revocation (a refusal is not grounds for automatic revocation. However, people who refuse the test may be subject to revocation under the state s administrative license revocation law). There were 4,292 drivers convicted of DUI in The number of convicted repeat offenders is not available. There were 14,316 people arrested for driving with a suspended license in SWIFT IDENTIFICATION: The quick detection, identification, and assessment of those who repeatedly drive drunk are essential to keeping the hardcore drunk driver off the road. In Delaware: Enforcement techniques used to detect and apprehend drunk drivers include: sobriety checkpoints, blanket patrols, publicized enforcement campaigns, standardized field sobriety testing, preliminary breath tests, and mobile videotaping. BAC test refusal carries an administrative penalty, with license revocation periods of 6 months for a 1st offense, 18 months NATIONAL HARDCORE DRUNK DRIVER PROJECT THE CENTURY COUNCIL 2
3 for a 2nd offense within 5 years, and 24 months for 3rd and subsequent offenses. These penalties increase with higher BAC levels. The penalty for BAC test refusal is less than the penalty for a drunk driving conviction. When a person refuses to submit to a chemical test, that fact is admissible as evidence in court. a DUI education or rehabilitation program, but it is not used in practice. Hardcore drunk drivers are identified at the time of arrest for the purpose of the administrative hearing process. However, the courts identify the offender either during the trial or at sentencing. When drunk driving offenses are plea-bargained to non-alcohol related offenses, it makes it difficult to identify hardcore drunk driving offenders. There is no anti-plea bargaining statute. Alcohol assessment is conducted post-sentencing. See Effective Treatment section. CERTAIN PUNISHMENT: The application of swift and certain penalties that restrict the offender from driving, punish the offense and rehabilitate the offender must be imposed consistently to change hardcore behavior. The following sanctions may be ordered by the licensing authority: Licensing actions: - Suspension/revocation Delaware has pre-conviction administrative license actions. The mandatory revocation periods are 3 months for a 1st offense, 1 year for a 2nd offense, and 18 months for 3rd and subsequent offenses. Penalties increase with higher BAC levels. The license reinstatement fee is $ A prior DUI offense/implied consent test refusal is considered the same as a prior administrative per se violation. - Conditional licensing May be available for 1st offenders. In the state of Delaware, for sentencing purposes, all prior drunk driving offenses are considered. The following sanctions may only be ordered by the court: Fines Mandatory minimums: - 1st offense = $230-$1, nd offense within 5 years = $575-$2, rd offense within 5 years = $1,000-$3, th and subsequent offenses within 5 years = $2,000-$6,000. Incarceration Mandatory minimums: - 1st offense = none. - 2nd offense within 5 years = 60 days. - 3rd offense within 5 years = 3 consecutive months. - 4th and subsequent offenses within 5 years = 6 consecutive months. House arrest with electronic monitoring May be used in lieu of imprisonment. Intensive supervision probation May be court-ordered as an alternative to a longer jail sentence. Community service At the discretion of the court. The total number of community service hours imposed cannot exceed the maximum term of incarceration for the offense. NATIONAL HARDCORE DRUNK DRIVER PROJECT THE CENTURY COUNCIL 3
4 Vehicle actions: - Mandatory ignition interlock program The court may order defendants to only operate vehicles equipped with ignition interlock devices for 1 year. People who violate this law and are convicted of another DUI offense are subject to 60 additional days in jail and a $2,000 fine. This mandatory penalty applies to all 2nd or subsequent offenders and to 1st offenders with a BAC over Voluntary ignition interlock program A 1st offender who has refused to submit to a BAC test is eligible for a Class D license if they agree to install and use ignition interlock devices on their vehicles. - Vehicle and license plate/registration impoundment Authorized if the driver was operating a vehicle with a suspended/revoked license for a DUI offense or implied consent refusal (1st offense 90 days, subsequent offenses 1 year). Treatment/rehabilitation See Effective Treatment section. Other special assessments/surcharges: An additional amount equal to 15% of any fine is assessed to the defendant for the victim compensation fund. In Delaware, previous arrest and conviction records are available at the time of sentencing. EFFECTIVE TREATMENT: Treatment and rehabilitation programs that change hardcore drunk driver behavior and lifestyles play an important role in reducing recidivism. In Delaware: Following sentencing, all offenders (including those who plead to a lesser alcohol charge) must receive a mandatory alcohol assessment/evaluation within 72 hours to determine the nature and extent of their alcohol problem. The evaluation is typically conducted post-sentencing but it can be conducted anytime after arrest at the offender s request. Evaluations are conducted by the Delaware Evaluation and Referral Program a private contractor for the Department of Safety and Homeland Security. The cost is $75 and is paid for by the offender. Every DUI offender (whether convicted in court or administratively through ALR) is required to have an assessment and to attend either an education program or an outpatient treatment program. Offenders with high BAC levels or repeat offenders are typically referred for outpatient treatment rather than education. Generally, Delaware s DUI education program is for 1st offenders with BAC levels under.15. Evaluation results are provided to the treatment agency only and are used exclusively to determine the course of treatment and do not affect an offender s sentencing. Treatment or alcohol education is required for all offenders as recommended by the evaluation as a condition of license reinstatement. Offenders failing to comply with the terms of their program are not eligible for license reinstatement. If the program was court ordered, the court is notified of noncompliance, and the offender is required to get authorization from the sentencing judge before reentering the DUI program. NATIONAL HARDCORE DRUNK DRIVER PROJECT THE CENTURY COUNCIL 4
5 The education program consists of 16 hours of group counseling/education classes and costs $200. The outpatient treatment program consists of a combination of group and individual sessions, customized based on the results of an offender s assessment. The outpatient program costs $600. There are no dedicated treatment facilities or programs specifically targeted at the hardcore drunk driver. NATIONAL HARDCORE DRUNK DRIVER PROJECT THE CENTURY COUNCIL 5
NEW JERSEY STATE PROFILE
The National Hardcore Drunk Driver Project NEW JERSEY STATE PROFILE KEY HARDCORE DRUNK DRIVING LEGISLATION: Administrative License Revocation Yes High BAC Law (0.15 BAC or greater) Yes Enhanced Penalties
More informationILLINOIS STATE PROFILE
The National Hardcore Drunk Driver Project ILLINOIS STATE PROFILE KEY HARDCORE DRUNK DRIVING LEGISLATION: Administrative License Revocation Yes High BAC Law (0.15 BAC or greater) Yes Enhanced Penalties
More informationI. FIRST DUI OFFENSE VEHICLE CODE 23152
I. FIRST DUI OFFENSE VEHICLE CODE 23152 VC 23536 WITHOUT PROBATION Jail: CAVEAT: 96 hours to 6 months (48 hours are continuous unless it interferes with work) None required; however, DMV will not reinstate
More informationDUI... INSTANT CRIMINAL RECORD
DUI... INSTANT CRIMINAL RECORD TABLE OF CONTENTS Implied Consent How DUIs Are Handled p. 2 p. 2 I. DUI ADMINISTRATIVE PROCEDURES II. DUI COURT PROCEDURES A. Penalties B. First Offense Election C. IID License
More informationThe High Cost of DWI. Ignition interlock license available 66-5-503 7
The High Cost of DWI In New Mexico 2007-2008 The New Mexico Department of Transportation, Traffic Safety Bureau Offense Jail 1 Fines and Fees 2 License Revocation 1 st 90 days 48 hours if offender fails
More informationDWI Conviction Penalties. Penalty Overview
Penalty Overview As your Attorney, I will work to have your DWI charge dismissed or have you found not guilty. If DWI conviction penalties, such as a fine or jail time, are incurred, we will work together
More informationNEBRASKA DRIVING UNDER THE INFLUENCE (DUI) LAW
NEBRASKA DRIVING UNDER THE INFLUENCE (DUI) LAW (If convicted of DUI in Nebraska the following penalties will apply.) Revised February 2012 Class W Misdemeanor First Offense - 28-106 & 60-6,197.03 (1) 60
More informationFines and Penalties of Driving While Intoxicated ( DWI ), Permitting DWI, DWI in a School Zone and Refusal Offenses
Fines Penalties of Driving While Intoxicated ( DWI ), Permitting DWI, DWI in a School Zone Refusal Offenses N.J.S.A. 39:4-50; N.J.S.A. 39:4-50(g); 39:4-50.4a JANUARY 10, 2011 DRIVING WHILE INTOXICATED,
More informationALCOHOL POLICY, REGULATIONS AND CITATIONS IN STATE OF CALIFORNIA. Legal drinking age of the United States is 21 years old.
ALCOHOL POLICY, REGULATIONS AND CITATIONS IN STATE OF CALIFORNIA. According to the National Institute on Alcohol Abuse and Alcoholism (NIAAA) Legal drinking age of the United States is 21 years old. 1.
More informationAlabama s Revised DUI Law Effective July 1, 2014. Patrick Mahaney Montgomery, Alabama
Alabama s Revised DUI Law Effective July 1, 2014 Patrick Mahaney Montgomery, Alabama Gentlemen, This is a Football Gentlemen, This is an Ignition Interlock! Fuel Cell Schematic Draeger Safety Diagnostics,
More informationYou and the Drinking Driving Laws
Page 1 of 7 You and the Drinking Driving Laws WHY ARE PENALTIES FOR DRINKING AND DRIVING SO STRICT? Drinking and driving is a hazardous combination. CONSIDER THESE FACTS: One third of the fatalities in
More informationN.J.S.A. 39:4-50 and 39:4-50.4a August 9, 2004
39:4-50 Driving while intoxicated N.J.S.A. 39:4-50 and 39:4-50.4a August 9, 2004 1 st BAC 0.08% or higher, but less than.10% - $250 to $400 fine, and - IDRC 12 to 48 hours, and - in court s discretion,
More informationPENALTIES AND FINES FOR ALCOHOL AND DRUG RELATED DRIVING OFFENSES IN NEW YORK STATE
PENALTIES AND FINES FOR ALCOHOL AND DRUG RELATED DRIVING OFFENSES IN NEW YORK STATE Offense Mandatory Fine Maximum Jail Term Mandatory Action Against Your License DRIVING WHILE INTOXICATED OR WHILE ABILITY
More informationVermont Legislative Council
Vermont Legislative Council 115 State Street Montpelier, VT 05633-5301 (802) 828-2231 Fax: (802) 828-2424 MEMORANDUM To: From: House Judiciary Committee Erik FitzPatrick Date: February 19, 2015 Subject:
More informationIt s a Privilege to Drive: Snapshot of Impaired Driving in Montana
It s a Privilege to Drive: Snapshot of Impaired Driving in Montana Unlawful Acts Notes Montana Code Drive under the influence of drugs or alcohol: DUI Operate a noncommercial vehicle with excessive alcohol
More information2014 Changes in DUI Law
2014 Changes in DUI Law Mississippi Code 63-11-30: All the following changes take effect on October 1, 2014. Driving under the influence as provided by 63-11-30: (1) It is unlawful for a person to drive
More informationI just got arrested for a State of South Carolina DUI charge. What happens now?
I just got arrested for a State of South Carolina DUI charge. What happens now? ISSUE ONE: The South Carolina Implied Consent Proceeding: Under South Carolina's implied consent law, a person who drives
More informationFirst Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED HOUSE SPONSORSHIP SENATE SPONSORSHIP
First Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 1-01.01 Richard Sweetman x HOUSE BILL 1- Waller, HOUSE SPONSORSHIP (None), SENATE SPONSORSHIP House Committees Judiciary
More informationALABAMA s FELONY DUI STATUTE- A HISTORY. [This document was originally prepared by AOC and was later revised and updated by Patrick Mahaney.
ALABAMA s FELONY DUI STATUTE- A HISTORY [This document was originally prepared by AOC and was later revised and updated by Patrick Mahaney.] Felony DUI, as a statutory offense under the Alabama Code, was
More information90 day license suspension. 5 year license suspension
STATE LICENSEE WITH IN STATE DUI RESULT OF REFUSAL LICENSEE WITH OUT OF STATE DUI ALABAMA Alabama Department of Public Safety Division Chief: (334) 353 1470 Chief Driver License Examiner: (334) 353 1974
More informationAn Analysis of Idaho s Kootenai County DUI Court
An Analysis of Idaho s Kootenai County DUI Court AN ALCOHOL TREATMENT PROGRAM FOR PERSONS ARRESTED FOR THEIR SECOND DUI OFFENSE OR BAC OF 0.20% OR HIGHER Prepared for National Highway Traffic Safety Administration
More informationFirst Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED SENATE SPONSORSHIP
First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 1-00.01 Richard Sweetman x HOUSE BILL 1- HOUSE SPONSORSHIP Saine and McCann, Cooke and Johnston, SENATE SPONSORSHIP
More informationCOLORADO STATE: COLORADO. Basis for a DWI Charge:
STATE: General Reference: Basis for a DWI Charge: Standard DWI Offense: Illegal Per Se Law (BAC/BrAC): Presumption (BAC/BrAC): Types of Drugs/Drugs and Alcohol: Chemical Breath Tests for Alcohol Concentration:
More informationDUI ORDERS. There are five (5) DUI Conviction Orders in addition to a DUI Nonadjudication Order. 1. DUI 1st - NOT Zero Tolerance
DUI ORDERS There are five (5) DUI Conviction Orders in addition to a DUI Nonadjudication Order 1. DUI 1st - NOT Zero Tolerance 2. DUI 1st - Zero Tolerance 3. DUI 2nd - NOT Zero Tolerance 4. DUI 2nd - Zero
More informationCOLORADO DUI AND DUID LAW WHAT YOU NEED TO KNOW WHEN CHARGED. A White Paper Presented By
COLORADO DUI AND DUID LAW WHAT YOU NEED TO KNOW WHEN CHARGED A White Paper Presented By COLORADO DUI AND DUID LAW WHAT YOU NEED TO KNOW WHEN CHARGED A Guide To Understanding The Penalties And Legal Processes
More informationChapter 813. Driving Under the Influence of Intoxicants 2013 EDITION. Title 59 Page 307 (2013 Edition)
Chapter 813 2013 EDITION Driving Under the Influence of Intoxicants GENERAL PROVISIONS 813.010 Driving under the influence of intoxicants; penalty 813.011 Felony driving under the influence of intoxicants;
More information1. Question: What is an IID? Answer: An IID is a device wired to a vehicle s ignition that requires a breath sample from the driver before the engine
1. Question: What is an IID? Answer: An IID is a device wired to a vehicle s ignition that requires a breath sample from the driver before the engine will start. If the device detects alcohol on the breath,
More informationPreliminary Breath Test Law: Yes 28.35.031(b) Also applies to CMV operators 28.33.031 Implied Consent Law: Arrest Required (Yes/No): Yes 28.35.
STATE: General Reference: Basis for a DWI Charge: ALASKA Alaska Statutes ALASKA Standard DWI Offense: Illegal Per Se Law (BAC/BrAC): Presumption (BAC/BrAC): Types of Drugs/Drugs and Alcohol: Under the
More informationIgnition Interlocks: Every State, For Every Convicted Drunk Driver
Ignition Interlocks: Every State, For Every Convicted Drunk Driver In 2013, 10,076 people were killed in crashes caused by a drunk driver with a blood alcohol concentration (BAC) of.08 or greater. General
More informationNEW HAMPSHIRE New Hampshire Revised Statutes Annotated. Yes 265-A:4
STATE: General Reference: NEW HAMPSHIRE New Hampshire Revised Statutes Annotated Basis for a DWI Charge: Standard DWI Offense: Illegal Per Se Law (BAC/BrAC): Presumption (BAC): Types of Drugs/Drugs and
More informationSignificant Laws in Oregon Traffic Safety
Significant Laws in Oregon Traffic Safety 1931 As part of National Model Driver License law, driver licenses could be suspended upon conviction for DUII. 1937 Law passed making driving under the influence
More informationIssue Brief. Arizona State Senate. ARIZONA DRIVING UNDER THE INFLUENCE (DUI): DUI Laws and DUI Courts INTRODUCTION DUI, EXTREME DUI AND AGGRAVATED DUI
Arizona State Senate Issue Brief November 24, 2014 Note to Reader: The Senate Research Staff provides nonpartisan, objective legislative research, policy analysis and related assistance to the members
More informationCALIFORNIA. Yes Vehicle Code 236l2(a)(l)
STATE: General Reference: CALIFORNIA West s Annotated California Code Basis for a DWI Charge: Standard DWI Offense: Illegal Per Se Law (BAC/BrAC): Presumption (BAC/BrAC): Types of Drugs/Alcohol and Drugs:
More informationDWI Penalties 1st Offense 2nd Offense 3rd Offense
DWI Penalties Driving While Intoxicated (DWI) in Texas is a serious offense. Blood Alcohol Content (BAC) over.08% or being under the influence of a controlled substance are grounds for arrest under Texas
More informationARIZONA ARIZONA STATE: Basis for a DWI Charge:
STATE: General Reference: Basis for a DWI Charge: ARIZONA Arizona Revised Statutes Annotated ARIZONA Standard DWI Offense: Illegal Per Se Law (BAC/BrAC): Presumption (BAC/BrAC): Types of Drugs/Drugs and
More informationYou And The Drinking Driving Laws
You nd The Drinking Driving Laws WHY RE PENLTIES FOR DRINKING ND DRIVING SO STRICT? Drinking and driving is a hazardous combination. One third of the fatalities in New York State involve impaired or intoxicated
More informationAbout D.U.I. (Driving Under the Influence) Published by The Alaska Court System PUB-11 (6/13)(green)
About D.U.I. (Driving Under the Influence) Published by The Alaska Court System PUB-11 (6/13)(green) Introduction This pamphlet summarizes the penalties for violating several Alaska statutes relating to
More information42 4 1301. Driving under the influence driving while impaired driving with excessive alcoholic content definitions penalties.
42 4 1301. Driving under the influence driving while impaired driving with excessive alcoholic content definitions penalties. (1) (a) It is a misdemeanor for any person who is under the influence of alcohol
More informationIntoxicated Driver Laws
Intoxicated Driver Laws Informational Paper 58 Wisconsin Legislative Fiscal Bureau January, 2013 Wisconsin Legislative Fiscal Bureau January, 2013 Intoxicated Driver Laws Prepared by Jon Dyck Wisconsin
More informationDRIVING UNDER THE INFLUENCE PENALTIES AND PROCESS INFORMATION
DRIVING UNDER THE INFLUENCE PENALTIES AND PROCESS INFORMATION prepared by: LAW OFFICES OF MARK L. HORWITZ A Professional Association 17 East Pine Street Orlando, Florida 32801 (407) 843-7733 CRIMINAL CHARGE
More informationUTAH STATE: UTAH. Basis for a DWI Charge:
STATE: General Reference: Utah Code Annotated Basis for a DWI Charge: Standard DWI Offense: Under the influence of alcohol 41-6-44(2)(a)(ii) Illegal Per Se Law (BAC/BrAC):.08 1163and1164 41-6-44(2)(a)(i)
More informationSECOND CONFERENCE COMMITTEE REPORT BRIEF HOUSE SUBSTITUTE FOR SENATE BILL NO. 35
SESSION OF 2007 SECOND CONFERENCE COMMITTEE REPORT BRIEF HOUSE SUBSTITUTE FOR SENATE BILL NO. 35 Brief* As Agreed to April 25, 2007 House Sub. for SB 35 would:! Clarify when a violation for speeding would
More informationMARYLAND. Under the influence of alcohol per se is defined as having a BAC/BrAC.08 at the time of testing. Tran. 11-127.1
STATE: General References: Basis for a DWI Charge: Standard DWI Offense: Illegal Per Se Law (BAC/BrAC): Presumption (BAC): Types of Drugs/Drugs and Alcohol: Other: Chemical Breath Tests for Alcohol Concentration:
More informationSECTION I: GENERAL INFORMATION {Indicate if analysis is on an original bill, amendment, substitute or a correction of a previous bill}
LFC Requester: AGENCY BILL ANALYSIS 2015 REGULAR SESSION WITHIN 24 HOURS OF BILL POSTING, EMAIL ANALYSIS TO: LFC@NMLEGIS.GOV and DFA@STATE.NM.US {Include the bill no. in the email subject line, e.g., HB2,
More informationDUI. The funds received under the provisions of this subsection shall be distributed as follows:
DUI 63-1-46. [Effective 10/1/2014] [Fees for reinstatement of license subsequent to suspension, revocation or cancellation generally; disposition of fees; procedure and fees for reinstatement of license
More informationIssue Current Law House Bill Senate Bill Mandatory
Mandatory booking A police officer has authority to arrest a person when the officer has probable cause to believe that the person has violated certain traffic laws. Requires mandatory arrest upon a person's
More informationHAWAII Hawaii Revised Statutes
STATE: Reference: HAWAII Hawaii Revised Statutes Basis for a DWI Charge*: Standard DWI Offense: Under the influence of alcohol 315 291E-61(a)(1) Illegal Per Se Provision (BAC/BrAC):.08 316and317 291E-
More informationNone. None None. None. First refusal Suspension for 6 months A judicial driving permit is available after 30 days
Chemical Breath Tests for Alcohol Concentration: (continued) Refusal to Submit to Chemical Test Admitted into Evidence: Yes (Criminal and Civil Cases) 625 ILCS 5/11-501.2(c)(1), People v. Thomas, 558 N.E.2d
More informationEconomic and Social Council
UNITED NATIONS E Economic and Social Council Distr. GENERAL ECE/TRANS/WP.1/2006/3 5 January 2006 Original: ENGLISH ECONOMIC COMMISSION FOR EUROPE INLAND TRANSPORT COMMITTEE Working Party on Road Traffic
More informationLEGAL INFORMATION ON PUNISHMENTS, FINES, FEES, ETC., FOR ALL DUI AND AGG. DUI CONVICTIONS
LEGAL INFORMATION ON PUNISHMENTS, FINES, FEES, ETC., FOR ALL DUI AND AGG. DUI CONVICTIONS Note: ALL types of DUI related surcharges cannot be waived - 28-1390. Fines & Fees are listed in the respective
More informationMichigan s Super Drunk Law Patrick T. Barone Barone Defense Firm, Birmingham, MI
Michigan s Super Drunk Law Patrick T. Barone Barone Defense Firm, Birmingham, MI Where We ve Been September 1897 The first drunk-driving arrest was made. The man arrested was George Smith, a London taxi
More informationVIRGINIA DUI FACTSHEET
VIRGINIA DUI FACTSHEET BOSE LAW FIRM, PLLC Former Police & Investigators Springfield Offices: 6354 Rolling Mill Place, Suite 102 Springfield, Virginia 22152 Telephone: 703.926.3900 Facsimile: 800.927.6038
More informationLEGISLATURE OF THE STATE OF IDAHO Sixty-third Legislature First Regular Session - 2015 IN THE SENATE SENATE BILL NO. 1026
LEGISLATURE OF THE STATE OF IDAHO Sixty-third Legislature First Regular Session - 0 IN THE SENATE SENATE BILL NO. 0 BY JUDICIARY AND RULES COMMITTEE 0 0 0 0 AN ACT RELATING TO DRIVING UNDER THE INFLUENCE;
More informationPUBLIC DRUNKENNESS Section 5505 of the Pennsylvania Crimes Code (Title 18)
PUBLIC DRUNKENNESS Section 5505 of the Pennsylvania Crimes Code (Title 18) A person is guilty of a summary offense if he appears in any public place manifestly under the influence of alcohol to the degree
More informationMONROE COUNTY PUBLIC DEFENDER MONROE COUNTY COURTHOUSE 610 MONROE STREET, SUITE 21 STROUDSBURG, PENNSYLVANIA 18360
CHECKLIST FOR ALL FIRST OFFENSE DRIVING UNDER THE INFLUENCE CASES IMPORTANT: HIRE A LAWYER OR, IF YOU CANNOT AFFORD ONE, APPLY FOR A PUBLIC DEFENDER IMMEDIATELY. YOU MUST MEET INCOME GUIDELINES TO QUALIFY
More informationDUI (Driving Under the Influence)
DUI (Driving Under the Influence) Driving Under the Influence (DUI) In Illinois, a person is considered to be driving under the influence when: The driver has an alcohol concentration on the breath of.08
More informationACT 24 OF 2003: DRIVING AFTER IMBIBING ALCOHOL OR USING DRUGS
SPECIAL EDITION REVISED FALL 2003 ACT 24 OF 2003: DRIVING AFTER IMBIBING ALCOHOL OR USING DRUGS New DUI Law Emphasizes Treatment On September 30, Governor Ed Rendell signed Act 24 of 2003. This Act amends
More informationALCOHOL AND OTHER DRUG-IMPAIRED DRIVING COLORADO LAWS SUPPLEMENT TO LESSON
DRIVING WITH CARE ALCOHOL AND OTHER DRUG-IMPAIRED DRIVING COLORADO LAWS SUPPLEMENT TO LESSON 2 LEVEL I AND LEVEL II EDUCATION August, 2013 Preface There are several changes in this iteration of the Supplement.
More informationAN ACT. The goals of the alcohol and drug treatment divisions created under this Chapter include the following:
ENROLLED Regular Session, 1997 HOUSE BILL NO. 2412 BY REPRESENTATIVE JACK SMITH AN ACT To enact Chapter 33 of Title 13 of the Louisiana Revised Statutes of 1950, comprised of R.S. 13:5301 through 5304,
More informationDWI / DUI in North Carolina
DWI / DUI in North Carolina 4th Fighter Wing Office of the Staff Judge Advocate 1600 Wright Brother Ave, Suite 265 Seymour Johnson AFB NC 27531 (919)722-5322 Current as of September 2014 The following
More informationOWI SENTENCING GUIDELINES
FIFTH JUDICIAL DISTRICT OWI SENTENCING GUIDELINES Citation Issued On or After: July 2, 2013 District Court Administrator 215 S. Hamilton Street, Room 6111 Madison WI 53703-3295 (608) 267-8820 James P.
More informationTo: Commission From: Christopher Cavaiola and Laura C. Tharney Re: Title 39 Driving while intoxicated Date: July 11, 2011 M E M O R A N D U M
To: Commission From: Christopher Cavaiola and Laura C. Tharney Re: Title 39 Driving while intoxicated Date: July 11, 2011 M E M O R A N D U M Various officials have asked the Commission to consider revising
More informationDUI & APC 47 O.S. 11-901 Amended by Swezey Act & McGee Act There will be two versions of the statute come November 1.
This summary is intended to highlight the major changes and provide a guid to penalties and such that will be in place effective November 1, 2011. DUI & APC 47 O.S. 11-901 Amended by Swezey Act & McGee
More informationDenver Sobriety Court Program Memorandum of Agreement
Fina~~26/ll Denver Sobriety Court Program Memorandum of Agreement Introduction The Denver Sobriety Court (Sobriety Court) was established in 2010 through efforts of the Crime Prevention and Control Commission
More informationSTORAGE NAME: h0151.wfm DATE: October 1, 1999 HOUSE OF REPRESENTATIVES COMMITTEE ON CRIME AND PUNISHMENT ANALYSIS BILL #: HB 151
HOUSE OF REPRESENTATIVES COMMITTEE ON CRIME AND PUNISHMENT ANALYSIS BILL #: HB 151 RELATING TO: SPONSOR(S): TIED BILL(S): Driving Under the Influence Rep. Dockery None ORIGINATING COMMITTEE(S)/COMMITTEE(S)
More informationDELAWARE S DUI - IID PROGRAM STRENGTHS AND CHALLENGES
DELAWARE S DUI - IID PROGRAM STRENGTHS AND CHALLENGES Nicole Chamberlain, Driver Improvement Program Manager Yolanda Caldwell, Revocations Supervisor May 2014 2 FIRST OFFENSE ELECTION IGNITION INTERLOCK
More informationLICENSE SUSPENSIONS RESULTING FROM CONVICTIONS
LICENSE SUSPENSIONS RESULTING FROM CONVICTIONS Statute Description Predicate Offense(s) Permit Comments O.C.G.A. 32-6-30 Refusal to weigh O.C.G.A. 32-6-30 *6 month license suspension * Commercial vehicles
More informationPennsylvania DUI Handbook
Pennsylvania DUI Handbook Published by: The Martin Law Firm, P.C. The Martin Law Firm, P.C. 725 Skippack Pike, Suite 337 Blue Bell, PA 19422 215.646.3980 www.jbmartinlaw.com Although DUI drunk driving
More informationTHE BIANCHI LAW FIRM 605 Thomas Street Seattle, WA 98109 WASHINGTON DRINKING & DRIVING PENALTIES AS OF JANUARY 1, 2014
THE BIANCHI LAW FIRM 605 Thomas Street Seattle, WA 98109 WASHINGTON DRINKING & DRIVING PENALTIES AS OF JANUARY 1, 2014 I. CRIMINAL CONVICTIONS FOR DUI [RCW 46.61.502] OR PHYSICAL CONTROL [RCW 46.61.504]
More informationDUI DEFENSE A PRACTICAL APPROACH
DUI DEFENSE A PRACTICAL APPROACH Course Instructor Stacey M. Washington I. Introduction Is a DUI defense practice right for you? a. Factors to consider i. Emotions - Defending clients with possible abuse/addiction
More informationDriving under the influence of alcohol, drugs, or other intoxicating substances;
OCGA 40-6-391 Brief Description Driving under the influence of alcohol, drugs, or other intoxicating substances; Statutory Language (a) A person shall not drive or be in actual physical control of any
More information! Person operates a motor vehicle or permits another to operate a motor vehicle
N.J.S.A. 39:4-50(a) Driving While Intoxicated SENTENCES & PENALTIES SELECTED MV OFFENSES! Person operates a motor vehicle or permits another to operate a motor vehicle! While under the influence of intoxicating
More informationTYPE OF OFFENSE(S) AND SECTION NUMBER(S) LIST OFFENSE(S), CASE NUMBER(S) AND DATE(S) CASE NUMBER(S) AND DATE(S)
SUPERIOR COURT OF CALIFORNIA Reserved for Clerk s File Stamp COUNTY: COUNTY OF EL DORADO PLAINTIFF: PEOPLE OF THE STATE OF CALIFORNIA DEFENDANT: DUI ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM (Vehicle
More informationDRIVING WHILE INTOXICATED
DRIVING WHILE INTOXICATED TRACKING SYSTEMS Volume 2: State Tracking System Descriptions... 44 DWI TRACKING SYSTEM VOLUME 2: STATE TRACKING SYSTEM DESCRIPTIONS STATE TRACKING SYSTEM DESCRIPTIONS TABLE OF
More informationWhat Parents Should Know: Common Criminal Charges & Consequences for Minors
ATTORNEYS AT LAW What Parents Should Know: Common Criminal Charges & Consequences for Minors WWW.FB-FIRM.COM About the Author: Mark J. Mandell Attorney Mark Mandell has extensive experience in representing
More informationHOUSE OF REPRESENTATIVES STAFF ANALYSIS REFERENCE ACTION ANALYST STAFF DIRECTOR
HOUSE OF REPRESENTATIVES STAFF ANALYSIS BILL #: HB 307 Driving or Boating Under the Influence SPONSOR(S): Planas TIED BILLS: IDEN./SIM. BILLS: SB 2030 REFERENCE ACTION ANALYST STAFF DIRECTOR 1) Transportation
More informationLimited Driving Privileges following DWI Convictions. Shea Denning School of Government March 17, 2016
Limited Driving Privileges following DWI Convictions Shea Denning School of Government March 17, 2016 What happens to a person s license upon conviction of DWI? NC DMV revokes the license of any driver
More informationLegislative Analysis EXTEND SUNSET KEEPING 0.08 BAC AS "PER SE" LEVEL FOR INTOXICATION OR IMPAIRMENT
Legislative Analysis EXTEND SUNSET KEEPING 0.08 BAC AS "PER SE" LEVEL FOR INTOXICATION OR IMPAIRMENT Mary Ann Cleary, Director Phone: (517) 373-8080 http://www.house.mi.gov/hfa House Bill 4093 as enrolled
More informationPRETRIAL DUI DIVERSION INFORMATION SHEET
PRETRIAL DUI DIVERSION INFORMATION SHEET If you have been charged with Driving Under the Influence of Alcohol and/or Drugs or an alcohol related charge, you may be eligible for consideration for the City
More informationIgnition Interlock Program Impaired Driving Conference October 27, 2015
Ignition Interlock Program Impaired Driving Conference October 27, 2015 Statute enacted in January of 1989 Significant increase in enrollment within the past 10 years. Major changes regarding participant
More informationOF MULTIPLE TRAFFIC OFFENSES INVOLVING ALCOHOL OR DRUGS, AND MAKING AN APPROPRIATION THEREFOR.
NOTE: This bill has been prepared for the signature of the appropriate legislative officers and the Governor. To determine whether the Governor has signed the bill or taken other action on it, please consult
More informationTHE BIANCHI LAW FIRM 2000 112 TH AVE NE BELLEVUE, WA 98004 WASHINGTON DRINKING & DRIVING PENALTIES AS OF JANUARY 1, 2014
THE BIANCHI LAW FIRM 2000 112 TH AVE NE BELLEVUE, WA 98004 WASHINGTON DRINKING & DRIVING PENALTIES AS OF JANUARY 1, 2014 I. CRIMINAL CONVICTIONS FOR DUI [RCW 46.61.502] OR PHYSICAL CONTROL [RCW 46.61.504]
More informationDrunk Driving in the United States: A Roadmap for Progress
Drunk Driving in the United States: A Roadmap for Progress J. H. Hedlund and A. T. McCartt Preusser Research Group, Trumbull, Connecticut, USA Abstract The study investigated why drunk driving in the United
More informationSHORT TITLE: Criminal procedure; creating the Oklahoma Drug Court Act; codification; emergency.
SHORT TITLE: Criminal procedure; creating the Oklahoma Drug Court Act; codification; emergency. STATE OF OKLAHOMA 2nd Session of the 45th Legislature (1996) SENATE BILL NO. 1153 By: Hobson AS INTRODUCED
More informationDUI HANDBOOK. Driving Under the Influence in Pennsylvania. The Martin Law Firm, P.C. www.jbmartinlaw.com
DUI HANDBOOK Driving Under the Influence in Pennsylvania Find us on Facebook Follow us on Twitter Connect with us on LinkedIn THE MARTIN LAW FIRM, P.C. Pennsylvania DUI Handbook Introduction Drunk driving,
More informationIN THE MUNICIPAL COURT OF THE CITY OF SEATTLE
IN THE MUNICIPAL COURT OF THE CITY OF SEATTLE THE CITY OF SEATTLE, PLAINTIFF vs, DEFENDANT Statement of Defendant on Plea of Guilty Case # 1. My true name is. 2. My age is. Date of Birth. 3. I went through
More informationA GUIDE TO SUSPENSION & REVOCATION OF DRIVING PRIVILEGES IN NEW YORK STATE
DEFINITIONS sus.pen.sion n 1: Your license, permit, or privilege to drive is taken away for a period of time before it is returned. You may be required to pay a suspension termination fee. re.vo.ca.tion
More informationSUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME:
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: : PEOPLE OF THE STATE OF CALIFORNIA v. DUI ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM
More informationSenate Bill No. 86 Committee on Transportation and Homeland Security
Senate Bill No. 86 Committee on Transportation and Homeland Security CHAPTER... AN ACT relating to offenses; providing that counseling and evaluations required for certain offenses may be conducted in
More informationThe South Dakota 24/7 Sobriety Project: A Summary Report 1
The South Dakota 24/7 Sobriety Project: A Summary Report 1 Judge General Larry Long a Stephen K. Talpins b Robert L. DuPont, M.D. c a Second Judicial Circuit of South Dakota; Former Attorney General of
More informationFree Legal Consumer Guide Series www.southernmarylandlaw.com
Free Legal Consumer Guide Series Brought To You By Meeting All Your Legal Needs For 50 Years 2 What You Need To Know About DWI & DUI Charges HOW TO USE THIS GUIDE If you read this guide, you will discover
More informationWhat should I do if the police ask me to take Field Sobriety Tests?
DWI A DWI is not like a traffic ticket. It is a much more serious offense that carries a penalty of up to 180 days in jail and up to a $2,000 fine for a first offense. Repeat DWI offenders increase their
More informationCHAPTER 4: DRIVING RECORD INFORMATION
CHAPTER 4: DRIVING RECORD INFORMATION This chapter provides important information about your driving record. PennDOT maintains a driving record for every licensed driver in Pennsylvania. The Bureau of
More informationRECOMMENDATIONS FOR GUIDELINE AREA 5A DIAGNOSIS AND SCREENING (** Priority Recommendations)
RECOMMENDATIONS FOR GUIDELINE AREA 5A DIAGNOSIS AND SCREENING (** Priority Recommendations) 1. DEVELOP/PROVIDE SCREENING MECHANISM FOR DUI OFFENDERS - ** Connecticut should implement pre-sentence screening
More informationOHIO. None. Combination of Alcohol and a Drug of Abuse 4511.19(A)(1) Chemical Breath Tests for Alcohol Concentration: Yes 4511.191(A) Urine: Other:
STATE: General Reference: OHIO Ohio Revised Code Annotated Basis for a DWI Charge: Standard DWI Offense: Under the influence of alcohol 4511.19(A)(1) Illegal Per Se Law (BAC/BrAC): I..08 but
More informationLEGISLATIVE GUIDE TO OPERATING WHILE INTOXICATED (OWI) LAW IN IOWA
LEGISLATIVE GUIDE TO OPERATING WHILE INTOXICATED (OWI) LAW IN IOWA Legislative Services Agency Note to Reader: Research is conducted by the Legal Services Division of the Iowa Legislative Services Agency
More informationColorado Legislative Council Staff Fiscal Note STATE and LOCAL FISCAL IMPACT. Date: Bill Status: Fiscal Analyst:
Colorado Legislative Council Staff Fiscal Note STATE and LOCAL FISCAL IMPACT Drafting Number: Prime Sponsor(s): LLS 15-0042 Rep. Saine; McCann Sen. Cooke; Johnston Date: Bill Status: Fiscal Analyst: House
More informationTRAVIS COUNTY DWI COURT JUDGE ELISABETH EARLE, PRESIDING
TRAVIS COUNTY DWI COURT JUDGE ELISABETH EARLE, PRESIDING DWI Cases Are A Significant Percentage Of New Cases Filed In Travis County: 23% of all new cases filed in FY 2009 are new DWI cases Total cases
More informationSECTION I: GENERAL INFORMATION {Indicate if analysis is on an original bill, amendment, substitute or a correction of a previous bill}
LFC Requester: AGENCY BILL ANALYSIS 2015 REGULAR SESSION WITHIN 24 HOURS OF BILL POSTING, EMAIL ANALYSIS TO: LFC@NMLEGIS.GOV and DFA@STATE.NM.US {Include the bill no. in the email subject line, e.g., HB2,
More informationPROBATION LENGTH AND CONDITIONS IN KANSAS
kslegres@klrd.ks.gov 68-West Statehouse, 300 SW 10th Ave. Topeka, Kansas 66612-1504 (785) 296-3181 FAX (785) 296-3824 http://www.kslegislature.org/klrd January 27, 2015 To: From: Re: House Committee on
More information