SECTION I: GENERAL INFORMATION {Indicate if analysis is on an original bill, amendment, substitute or a correction of a previous bill}

Size: px
Start display at page:

Download "SECTION I: GENERAL INFORMATION {Indicate if analysis is on an original bill, amendment, substitute or a correction of a previous bill}"

Transcription

1 LFC Requester: AGENCY BILL ANALYSIS 2015 REGULAR SESSION WITHIN 24 HOURS OF BILL POSTING, ANALYSIS TO: and {Include the bill no. in the subject line, e.g., HB2, and only attach one bill analysis and related documentation per message} SECTION I: GENERAL INFORMATION {Indicate if analysis is on an original bill, amendment, substitute or a correction of a previous bill} Check all that apply: Date Feb. 6, 2015 Original X Amendment Prepared: Bill No: HB 355 Correction Substitute Sponsor: Rod Montoya Agency Code: 264 Short Increase Penalties for DWI s Person Writing Gary Cade Title: GGarfsdfs Anal Phone: ysis: : SECTION II: FISCAL IMPACT APPROPRIATION (dollars in thousands) FY15 Appropriation FY16 Recurring or Nonrecurring REVENUE (dollars in thousands) Estimated Revenue FY15 FY16 FY17 Recurring or Nonrecurring

2 ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands) FY15 FY16 FY17 3 Year Total Cost Recurring or Nonrecurring Total Duplicates/Conflicts with/companion to/relates to: HB 359 Duplicates/Relates to Appropriation in the General Appropriation Act SECTION III: NARRATIVE BILL SUMMARY Synopsis: HB 355 would significantly increase the penalties for driving while intoxicated ( DWI ) and homicide or great bodily harm by vehicle. Mandatory sentences would be imposed for misdemeanor DWI convictions, the felony threshold for DWI would be lowered, to a third conviction, and as the number of subsequent DWI convictions increased, they would be designated as third and second degree felonies and mandatory minimum sentences would also increase with each subsequent felony DWI conviction. The subsection on aggravated DWI would be deleted. Many DWIs are aggravated because the driver refuses to submit to chemical testing. If there is no longer a consequence for refusing chemical testing, it is very reasonable to believe most multiple offenders will refuse. If more drivers refuse, naturally more trials will result. Practically, drivers who refuse to submit to sobriety tests and chemical testing are more likely to go to trial and more likely to avoid a conviction. A person convicted of homicide or great bodily harm by vehicle while under the influence of intoxicating liquor or any drug would be guilty of a second degree felony and subject to the sentences provided in the Criminal Sentencing Act ( CSA ). The basic sentence for a second degree felony is nine years imprisonment but if death of a human being resulted, the basic sentence is fifteen years imprisonment. The maximum penalties for a first DWI conviction penalty would not be changed, but the bill would require convicted offenders to be sentenced to at least thirty days in a treatment facility, or a detention facility if a treatment facility is not available. Any pre-sentence confinement would be credited to any imprisonment set by the court. Failure to timely complete a screening program, treatment program or DWI school ordered by the court, or failure to comply with any other condition of programs would result in an additional mandatory sentence of at least seven days in jail. The possibility of also imposing a fine of $ would be unchanged. The maximum penalties for a second conviction would also not be changed but the bill would require someone convicted of their second DWI to be sentenced to at least ninety days in a detention facility and a fine of five hundred dollars. HB 355 provides that anyone convicted of a third DWI conviction would be guilty of a fourth degree felony and subject to imprisonment for eighteen months, three hundred sixty-four days

3 The bill also provides that a person convicted of their fourth DWI would be guilty of a third degree felony and shall be sentenced to a term of imprisonment of three years, two years The bill further provides that a person convicted of their fifth DWI would be guilty of a second degree felony and shall be sentenced to a term of imprisonment of nine years, five years The bill also provides that a person convicted of their sixth or subsequent DWI would also be guilty of a second degree felony, and shall be sentenced to a term of imprisonment of nine years, plus an additional year for each previous conviction pursuant to this section and seven years HB 355 would also change the required periods for an ignition interlock. An interlock would still be required for one year for a first DWI conviction but the period would increase to five years for a second DWI conviction, to ten years for a third conviction, and, the remainder of the offender s life for a third [?] or subsequent conviction. FISCAL IMPLICATIONS Whenever penalties are increased it is inevitable that more cases are resolved by litigation instead of by pleas because enhanced penalties and certainty they will be imposed mean there is less incentive to plead guilty. If HB 355 is adopted, it would likely result in more jury trials and more appeals and the courts, district attorneys and defenders workloads will all be increased. This is more likely than ever since the proposed penalties are significant increases over the current law and most of them would require someone convicted of DWI be incarcerated. Because every DWI conviction would have a mandatory incarceration period under the bill the population of jails and prisons would almost certainly increase. SIGNIFICANT ISSUES HB 355 would significantly increase the potential penalties for vehicular homicide and great bodily injury if someone was under the influence of intoxicating liquor or drugs, and it would significantly increase the punishment for DWI, including mandatory sentences for every level of offenses from a first conviction through a sixth or subsequent conviction. The only persons now required to be incarcerated after being convicted of a first offense DWI are persons convicted of aggravated DWI : someone who also caused bodily injury (that is not serious); refused to submit to requested chemical testing; or, whose blood or breath alcohol concentration was at least sixteen hundredths. Even with a conviction for aggravated DWI the only mandatory incarceration period is 48 consecutive hours in jail. See, Sect (E, NMSA. HB 355 would require anyone convicted of a regular first offense DWI to be sentenced to not less than 30 days in a treatment facility or a detention center if a treatment facility is not available. There is no information in the bill regarding treatment facility, so it is unknown what would be required components of the treatment, if treatment would have to be as an in-patient, where it would be provided and who would be required to pay for it. It is unclear if someone could not be immediately remanded after conviction into a treatment facility would then have to go to a detention center, or if there could be a waiting period until they were accepted into treatment. Any time someone can receive a different sentence for the same crime, a treatment facility or a detention center if a treatment

4 facility is not available, then application of the law may be challenged on equal protection grounds. See, Amendment XIV of the U.S. Constitution and Art. II, Sect. 18 of the N.M. Constitution. Punishment for a second DWI conviction would be increased from the current mandatory minimums of 96 consecutive hours in jail and 48 hours of community service to a minimum of 90 days in jail. Community service requirements would be abolished as a punishment for DWI so the communities which utilize persons convicted of misdemeanor DWI s to perform those tasks would have to find a different source of labor. Both first and second offense DWI s would be misdemeanors with concurrent jurisdiction in magistrate, metropolitan and district courts. In every other county besides Bernalillo, where DWI trials are done on record, anyone convicted of a DWI in magistrate court would be entitled to a trial de novo in district court. With the significantly increased penalties it is likely that those de novo trials would increase. It is also likely that the on-record appeals in Bernalillo county would also increase. A third offense DWI conviction would be a felony under HB 355, instead of a fourth conviction required before a DWI conviction would be classified as a felony under existing law. In addition to the other issues that come with a felony conviction, the mandatory minimum sentence for a third conviction would be increased from at least 364 days in jail from the 30 consecutive days in jail and 96 hours of community service required under existing law. A fourth offense DWI conviction would be changed from the current fourth degree felony to a third degree felony, and the sentence would be increased from 18 months with a minimum period of incarceration of six months, to a sentence of three years with a mandatory minimum period of incarceration of two years. A fifth offense DWI would be changed from a third degree felony to a second degree felony and the sentencing periods would be increased to nine years with a minimum incarceration period of five years, from two years with one year of mandatory incarceration now required. A sixth offense DWI would also be changed from the current third degree felony to a second degree felony. The sentence for a sixth offense DWI would be increased to nine years, plus an additional year for each previous DWI conviction, with a mandatory minimum period of incarceration of seven years. That would also be the same punishment for any subsequent conviction. Currently a sixth offense DWI is punishable by a sentence of 30 months with a minimum term of incarceration of 18 months. Under current law, a seventh or subsequent DWI conviction is a third degree felony with a sentence of three years, two years of which are mandatory. HB 355 would also substantially increase the potential punishment for vehicular homicide or great bodily injury for someone convicted who was under the influence of intoxicating liquor or drugs. They would be classified as second degree felonies, and punishable by the provisions of the CSA. That means someone convicted of vehicular homicide who was impaired by alcohol or drugs would face a basic term of imprisonment of 15 years plus a potential fine of $12, If they were convicted of great bodily injury by vehicle while impaired by alcohol or drugs the presumptive sentence would be nine years imprisonment and a potential fine of $10, See, Sect (A)(4) and (5), NMSA. However, the incarceration periods set forth in the CSA may be deferred or suspended in whole or in part. See, Sects and , NMSA. Currently vehicular homicide and great bodily injury are classified as third degree felonies with a basic sentence of six years if death of a human being resulted, or three years if it did not. Both

5 also carry a potential fine of $5,000.00, and the sentences can be suspended or deferred. There would be no change in the law for a vehicular homicide or great bodily injury committed by a person who was driving recklessly or evading a peace officer. It seems an anomaly that someone convicted of DWI would have to be incarcerated for what could be a very lengthy period, 30 days to seven years depending upon whether the DWI was their first or up to sixth or subsequent but someone convicted of killing or very seriously injuring someone while driving under the influence of intoxicating liquor or drugs, could receive a suspended or deferred sentence. HB 355 would also amend the Ignition Interlock Act and increase, for second and subsequent DWI convictions, the time periods an interlock would be required. The period of one year for a first offense would be unchanged but it would increase from two years to five years for a second conviction. As drafted, the bill states an interlock would be required for ten years for a third conviction, up from the three years required by the current law. It also states an interlock would be required for, the remainder of the offender s life for a third or subsequent conviction. (Emphasis added.) That is the period now specified for a fourth or subsequent conviction. As noted above, any time the penalties increase the number of cases litigated, instead of being resolved by pleas, goes up. That typically means more motion hearings in addition to more trials. Whenever more cases are tried than pled that also enables more people to pursue an appeal if they are found guilty. Mandatory minimum sentences will almost certainly result in more people being incarcerated and for longer periods than what happens under current law. PERFORMANCE IMPLICATIONS ADMINISTRATIVE IMPLICATIONS CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP TECHNICAL ISSUES OTHER SUBSTANTIVE ISSUES ALTERNATIVES WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL Status quo. AMENDMENTS

SECTION I: GENERAL INFORMATION {Indicate if analysis is on an original bill, amendment, substitute or a correction of a previous bill}

SECTION 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 information

The High Cost of DWI. Ignition interlock license available 66-5-503 7

The 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 information

First 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 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 information

First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED SENATE SPONSORSHIP

First 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 information

42 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. 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 information

HOUSE OF REPRESENTATIVES STAFF ANALYSIS REFERENCE ACTION ANALYST STAFF DIRECTOR

HOUSE 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 information

Chapter 813. Driving Under the Influence of Intoxicants 2013 EDITION. Title 59 Page 307 (2013 Edition)

Chapter 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 information

LEGISLATURE 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 - 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 information

DWI Conviction Penalties. Penalty Overview

DWI 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 information

About 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) 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 information

Senate Bill No. 86 Committee on Transportation and Homeland Security

Senate 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 information

Colorado 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. 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 information

IN THE MUNICIPAL COURT OF THE CITY OF SEATTLE

IN 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 information

N.J.S.A. 39:4-50 and 39:4-50.4a August 9, 2004

N.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 information

HOUSE BILL NO. HB0134 A BILL. for. AN ACT relating to crimes and offenses and criminal. procedure; repealing the death penalty; repealing

HOUSE BILL NO. HB0134 A BILL. for. AN ACT relating to crimes and offenses and criminal. procedure; repealing the death penalty; repealing 0 STATE OF WYOMING LSO-0 HOUSE BILL NO. HB0 Death penalty repeal. Sponsored by: Representative(s) Watt A BILL for AN ACT relating to crimes and offenses and criminal procedure; repealing the death penalty;

More information

STORAGE NAME: h0151.wfm DATE: October 1, 1999 HOUSE OF REPRESENTATIVES COMMITTEE ON CRIME AND PUNISHMENT ANALYSIS BILL #: HB 151

STORAGE 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 information

I 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? 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 information

189A.010 Operating motor vehicle with alcohol concentration of or above 0.08, or of or above 0.02 for persons under age twenty-one, or while under

189A.010 Operating motor vehicle with alcohol concentration of or above 0.08, or of or above 0.02 for persons under age twenty-one, or while under 189A.010 Operating motor vehicle with alcohol concentration of or above 0.08, or of or above 0.02 for persons under age twenty-one, or while under the influence of alcohol, a controlled substance, or other

More information

ARTICLE 333 Driving Under the Influence; Reckless Driving

ARTICLE 333 Driving Under the Influence; Reckless Driving 27 ARTICLE 333 Driving Under the Influence; Reckless Driving 333.01 Driving under the influence. 333.03 Hazardous driving. 333.02 Reckless driving. 333.99 Penalty. CROSS REFERENCES See sectional histories

More information

Fines and Penalties of Driving While Intoxicated ( DWI ), Permitting DWI, DWI in a School Zone and Refusal Offenses

Fines 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 information

NEBRASKA DRIVING UNDER THE INFLUENCE (DUI) LAW

NEBRASKA 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 information

You And The Drinking Driving Laws

You 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 information

Wisconsin Operating While Intoxicated Law A Client's Guide to the Language and Procedure

Wisconsin Operating While Intoxicated Law A Client's Guide to the Language and Procedure Wisconsin Operating While Intoxicated Law A Client's Guide to the Language and Procedure BAKKE NORMAN L A W O F F I C E S Welcome Thank you for considering Bakke Norman, S.C. to represent your interests.

More information

RULES OF SUPREME COURT OF VIRGINIA PART THREE A CRIMINAL PRACTICE AND PROCEDURE APPENDIX

RULES OF SUPREME COURT OF VIRGINIA PART THREE A CRIMINAL PRACTICE AND PROCEDURE APPENDIX RULES OF SUPREME COURT OF VIRGINIA PART THREE A CRIMINAL PRACTICE AND PROCEDURE APPENDIX Form 6. Suggested Questions to Be Put by the Court to an Accused Who Has Pleaded Guilty (Rule 3A:8). Before accepting

More information

OF MULTIPLE TRAFFIC OFFENSES INVOLVING ALCOHOL OR DRUGS, AND MAKING AN APPROPRIATION THEREFOR.

OF 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 information

MONROE COUNTY PUBLIC DEFENDER MONROE COUNTY COURTHOUSE 610 MONROE STREET, SUITE 21 STROUDSBURG, PENNSYLVANIA 18360

MONROE 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 information

DUI. The funds received under the provisions of this subsection shall be distributed as follows:

DUI. 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 information

I. FIRST DUI OFFENSE VEHICLE CODE 23152

I. 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 information

THE 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 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 information

DWI Penalties 1st Offense 2nd Offense 3rd Offense

DWI 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 information

THE 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 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 information

Driving under the influence of alcohol, drugs, or other intoxicating substances;

Driving 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

What you don t know can hurt you.

What you don t know can hurt you. What you don t know can hurt you. Why you need a defense lawyer if you are charged with a misdemeanor. A misdemeanor conviction is SERIOUS A misdemeanor is not a minor crime. If you are convicted of a

More information

Intoxicated Driver Laws

Intoxicated 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 information

WHAT HAPPENS AFTER YOUR DUI ARREST?

WHAT HAPPENS AFTER YOUR DUI ARREST? WHAT HAPPENS AFTER YOUR DUI ARREST? Terry L. Gilbeau, Attorney-at-Law Law Offices of Terry L. Gilbeau 5701 Lonetree Boulevard, Suite 304 Rocklin, CA 95765 Telephone 916/626-5539 www.rocklinduiattorney.com

More information

THE BIANCHI LAW FIRM 605 Thomas Street Seattle, WA 98109 WASHINGTON DRINKING & DRIVING PENALTIES AS OF DECEMBER 6, 2012

THE BIANCHI LAW FIRM 605 Thomas Street Seattle, WA 98109 WASHINGTON DRINKING & DRIVING PENALTIES AS OF DECEMBER 6, 2012 PT THE BIANCHI LAW FIRM 605 Thomas Street Seattle, WA 9809 WASHINGTON DRINKING & DRIVING PENALTIES AS OF DECEMBER 6, 202 I. CRIMINAL CONVICTIONS FOR DUI [RCW 46.6.502] OR PHYSICAL CONTROL [RCW 46.6.504]

More information

PUBLIC DRUNKENNESS Section 5505 of the Pennsylvania Crimes Code (Title 18)

PUBLIC 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 information

CHAPTER 73 HOUSE BILL 2294 AN ACT

CHAPTER 73 HOUSE BILL 2294 AN ACT House Engrossed State of Arizona House of Representatives Fifty-second Legislature First Regular Session CHAPTER HOUSE BILL AN ACT AMENDING SECTIONS -.0, -0.0, - AND -, ARIZONA REVISED STATUTES; RELATING

More information

DUI & APC 47 O.S. 11-901 Amended by Swezey Act & McGee Act There will be two versions of the statute come November 1.

DUI & 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 information

ALABAMA 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. 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 information

Vermont Legislative Council

Vermont 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 information

51ST LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2013

51ST LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2013 SENATE BILL 0 1ST LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, INTRODUCED BY Phil A. Griego 1 AN ACT RELATING TO LIQUOR; AMENDING A SECTION OF THE LOCAL DWI GRANT PROGRAM ACT TO PROVIDE FOR LEASING

More information

First Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED SENATE SPONSORSHIP

First Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED SENATE SPONSORSHIP First Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED LLS NO. -0.01 Richard Sweetman x HOUSE BILL -1 HOUSE SPONSORSHIP Waller and Fields, (None), SENATE SPONSORSHIP House Committees

More information

DUI (Driving Under the Influence)

DUI (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 information

SUPERIOR 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: 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 information

First Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED HOUSE SPONSORSHIP

First Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED HOUSE SPONSORSHIP First Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 1-0.01 Michael Dohr x SENATE BILL 1-1 SENATE SPONSORSHIP Lambert, Lundberg (None), HOUSE SPONSORSHIP Senate Committees

More information

PENALTIES 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 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 information

VIRGINIA DUI FACTSHEET

VIRGINIA 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 information

STATE OF MINNESOTA IN COURT OF APPEALS A10-1884. State of Minnesota, Respondent, vs. Jolene Kay Coleman, Appellant.

STATE OF MINNESOTA IN COURT OF APPEALS A10-1884. State of Minnesota, Respondent, vs. Jolene Kay Coleman, Appellant. STATE OF MINNESOTA IN COURT OF APPEALS A10-1884 State of Minnesota, Respondent, vs. Jolene Kay Coleman, Appellant. Filed January 3, 2012 Affirmed Kalitowski, Judge Hennepin County District Court File No.

More information

It s a Privilege to Drive: Snapshot of Impaired Driving in Montana

It 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 information

LEGISLATIVE GUIDE TO OPERATING WHILE INTOXICATED (OWI) LAW IN IOWA

LEGISLATIVE 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 information

UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson

UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson What is the Criminal Justice System? The criminal justice system is the system we have in the United States for addressing situations where it is believed

More information

Issue Brief. Arizona State Senate. ARIZONA DRIVING UNDER THE INFLUENCE (DUI): DUI Laws and DUI Courts INTRODUCTION DUI, EXTREME DUI AND AGGRAVATED DUI

Issue 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 information

Preliminary 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.

Preliminary 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 information

DUI 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 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 information

Colorado Legislative Council Staff

Colorado Legislative Council Staff Colorado Legislative Council Staff Room 029 State Capitol, Denver, CO 80203-1784 (303) 866-3521 FAX: 866-3855 TDD: 866-3472 MEMORANDUM October 9, 2012 TO: Interested Persons FROM: Hillary Smith, Research

More information

DWI / DUI in North Carolina

DWI / 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 information

STATE OF NEW YORK UNIFIED COURT SYSTEM 25 BEAVER STREET NEW YORK, NEW YORK 10004 TEL: (212) 428-2160 FAX: (212) 428-2155 JOHN W.

STATE OF NEW YORK UNIFIED COURT SYSTEM 25 BEAVER STREET NEW YORK, NEW YORK 10004 TEL: (212) 428-2160 FAX: (212) 428-2155 JOHN W. STATE OF NEW YORK UNIFIED COURT SYSTEM 25 BEAVER STREET NEW YORK, NEW YORK 10004 TEL: (212) 428-2160 FAX: (212) 428-2155 ANN PFAU Chief Administrative Judge JOHN W. MCDONNELL Counsel MEMORANDUM August

More information

DIVISION ONE. STATE OF ARIZONA, Appellee, JOHN F. MONFELI, Appellant. No. 1 CA-CR 13-0126

DIVISION ONE. STATE OF ARIZONA, Appellee, JOHN F. MONFELI, Appellant. No. 1 CA-CR 13-0126 IN THE ARIZONA COURT OF APPEALS DIVISION ONE STATE OF ARIZONA, Appellee, v. JOHN F. MONFELI, Appellant. No. 1 CA-CR 13-0126 Appeal from the Superior Court in Maricopa County No. LC2012-000405-001 The Honorable

More information

NEW JERSEY STATE PROFILE

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 information

Effective July 1, 2015 63-11-1. Short title 63-11-3. Definitions

Effective July 1, 2015 63-11-1. Short title 63-11-3. Definitions Mississippi Implied Consent Law Effective July 1, 2015 63-11-1. Short title This chapter may be cited as the Mississippi Implied Consent Law. Source: Codes, 1942, 8175-01; Laws, 1971, ch. 515, 1, eff.

More information

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION STATE OF NEW JERSEY, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. v. Plaintiff-Appellant, JAMES W. FRENCH, a/k/a JAMES WILLIAMS

More information

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

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 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 information

TYPE OF OFFENSE(S) AND SECTION NUMBER(S) LIST OFFENSE(S), CASE NUMBER(S) AND DATE(S) CASE NUMBER(S) AND DATE(S)

TYPE 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 information

AN ACT RELATING TO DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; AMENDING THE IGNITION INTERLOCK LICENSING

AN ACT RELATING TO DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; AMENDING THE IGNITION INTERLOCK LICENSING AN ACT RELATING TO DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; AMENDING THE IGNITION INTERLOCK LICENSING REQUIREMENT TO PROVIDE THAT A PERSON WITH ONLY ONE PRIOR CONVICTION FOR DRIVING

More information

Issue Current Law House Bill Senate Bill Mandatory

Issue 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 information

AN INFORMATIONAL BRIEF PREPARED FOR MEMBERS OF THE OHIO GENERAL ASSEMBLY BY THE LEGISLATIVE SERVICE COMMISSION STAFF

AN INFORMATIONAL BRIEF PREPARED FOR MEMBERS OF THE OHIO GENERAL ASSEMBLY BY THE LEGISLATIVE SERVICE COMMISSION STAFF Members Only AN INFORMATIONAL BRIEF PREPARED FOR MEMBERS OF THE OHIO GENERAL ASSEMBLY BY THE LEGISLATIVE SERVICE COMMISSION STAFF An Updated Summary of Ohio OVI and OVUAC Law* Volume 128 Issue 1 PREPARED

More information

SUPERIOR COURT OF CALIFORNIA, COUNTY OF IMPERIAL. People v. Case No. Advisement of Rights, Waiver, and Plea Form

SUPERIOR COURT OF CALIFORNIA, COUNTY OF IMPERIAL. People v. Case No. Advisement of Rights, Waiver, and Plea Form SUPERIOR COURT OF CALIFORNIA, COUNTY OF IMPERIAL People v. Case No. Advisement of Rights, Waiver, and Plea Form Vehicle Code 23152 Fill out this form if you wish to plead guilty or no contest to the charges

More information

STATE OF OKLAHOMA. 1st Session of the 49th Legislature (2003) COMMITTEE SUBSTITUTE

STATE OF OKLAHOMA. 1st Session of the 49th Legislature (2003) COMMITTEE SUBSTITUTE STATE OF OKLAHOMA 1st Session of the 49th Legislature (2003) COMMITTEE SUBSTITUTE FOR SENATE BILL 789 By: Wilkerson COMMITTEE SUBSTITUTE [ corrections - judicial review - modifying when report is provided

More information

ACT 24 OF 2003: DRIVING AFTER IMBIBING ALCOHOL OR USING DRUGS

ACT 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 information

NEW HAMPSHIRE New Hampshire Revised Statutes Annotated. Yes 265-A:4

NEW 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 information

90 day license suspension. 5 year license suspension

90 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 information

DELAWARE STATE PROFILE

DELAWARE STATE PROFILE 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

More information

Alabama 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 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 information

UTAH STATE: UTAH. Basis for a DWI Charge:

UTAH 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 information

Be it enacted by the General Assembly of the State of Colorado:

Be it enacted by the General Assembly of the State of Colorado: NOTE: This bill has been prepared for the signatures of the appropriate legislative officers and the Governor. To determine whether the Governor has signed the bill or taken other action on it, please

More information

STATE OF KANSAS, Appellee, MIGUEL BARAJAS, Appellant. SYLLABUS BY THE COURT

STATE OF KANSAS, Appellee, MIGUEL BARAJAS, Appellant. SYLLABUS BY THE COURT No. 100,785 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. MIGUEL BARAJAS, Appellant. SYLLABUS BY THE COURT 1. K.S.A. 21-4711(e) requires the district court to classify a

More information

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE DIVISION. UNITED STATES OF AMERICA ) ) ) v. ) No. ) (Judge ) ) )

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE DIVISION. UNITED STATES OF AMERICA ) ) ) v. ) No. ) (Judge ) ) ) UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE DIVISION UNITED STATES OF AMERICA ) ) ) v. ) No. ) (Judge ) ) ) PETITION TO ENTER A PLEA OF GUILTY (Misdemeanor) I,, respectfully represent

More information

HOUSE BILL NO. HB0058. Driving under the influence-blood alcohol content.

HOUSE BILL NO. HB0058. Driving under the influence-blood alcohol content. 00 STATE OF WYOMING 0LSO-000 HOUSE BILL NO. HB00 Driving under the influence-blood alcohol content. Sponsored by: Representative(s) Warren, Iekel, Johnson, W., McOmie and Watt and Senator(s) Erb, Geis,

More information

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

IN THE COMMONWEALTH COURT OF PENNSYLVANIA IN THE COMMONWEALTH COURT OF PENNSYLVANIA William J. Bell : : No. 2034 C.D. 2012 v. : Submitted: April 19, 2013 : Commonwealth of Pennsylvania, : Department of Transportation, : Bureau of Driver Licensing,

More information

You and the Drinking Driving Laws

You 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 information

Cuyahoga County Common Pleas Court Local Rules 33.0 ASSIGNMENT AND COMPENSATION OF COUNSEL TO DEFEND

Cuyahoga County Common Pleas Court Local Rules 33.0 ASSIGNMENT AND COMPENSATION OF COUNSEL TO DEFEND 33.0 ASSIGNMENT AND OF COUNSEL TO DEFEND PART I. (A) No attorney will be assigned to defend any indigent person in a criminal case unless his or her name appears on one of the approved trial counsel lists

More information

SECOND CONFERENCE COMMITTEE REPORT BRIEF HOUSE SUBSTITUTE FOR SENATE BILL NO. 35

SECOND 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 information

As Re-reported by the Senate Judiciary--Criminal Justice Committee. 127th General Assembly Regular Session Sub. S. B. No. 108 2007-2008 A B I L L

As Re-reported by the Senate Judiciary--Criminal Justice Committee. 127th General Assembly Regular Session Sub. S. B. No. 108 2007-2008 A B I L L As Re-reported by the Senate Judiciary--Criminal Justice Committee 127th General Assembly Regular Session Sub. S. B. No. 108 2007-2008 Senator Schaffer Cosponsors: Senators Stivers, Schuring, Cafaro, Mason

More information

Traffic Safety Milestones A Short History of Traffic Safety Legislation and Public Policy in New Mexico Since Statehood

Traffic Safety Milestones A Short History of Traffic Safety Legislation and Public Policy in New Mexico Since Statehood Traffic Safety Milestones A Short History of Traffic Safety Legislation and Public Policy in New Mexico Since Statehood Carolyn Johnson, Training and Development Section Transportation Safety Law Center,

More information

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2015 H 2 HOUSE BILL 31 Committee Substitute Favorable 3/4/15

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2015 H 2 HOUSE BILL 31 Committee Substitute Favorable 3/4/15 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 01 H HOUSE BILL 1 Committee Substitute Favorable //1 Short Title: 0.00 Alcohol Restriction-All DWI. (Public) Sponsors: Referred to: February, 01 1 1 1 1 1 1 0

More information

! Person operates a motor vehicle or permits another to operate a motor vehicle

! 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 information

64th Legislature AN ACT GENERALLY REVISING LAWS REGARDING SEX OFFENDER REGISTRATION; REQUIRING THE

64th Legislature AN ACT GENERALLY REVISING LAWS REGARDING SEX OFFENDER REGISTRATION; REQUIRING THE 64th Legislature HB0088 AN ACT GENERALLY REVISING LAWS REGARDING SEX OFFENDER REGISTRATION; REQUIRING THE OFFENDER TO PROVIDE E-MAIL ADDRESSES AND SOCIAL MEDIA SCREEN NAMES WHEN REGISTERING; REQUIRING

More information

BASIC CRIMINAL LAW. Joe Bodiford. Overview of a criminal case Presented by: Board Certified Criminal Trial Lawyer

BASIC CRIMINAL LAW. Joe Bodiford. Overview of a criminal case Presented by: Board Certified Criminal Trial Lawyer BASIC CRIMINAL LAW Overview of a criminal case Presented by: Joe Bodiford Board Certified Criminal Trial Lawyer www.floridacriminaldefense.com www.blawgger.com THE FLORIDA CRIMINAL PROCESS Source: http://www.fsu.edu/~crimdo/cj-flowchart.html

More information

Sentencing for Impaired Driving

Sentencing for Impaired Driving Sentencing for Impaired Driving 1. Sentencing on Impaired Driving Causing Death or Bodily Harm Introduction The principles governing Canadian sentencing law are convoluted. It is often difficult to understand

More information

I. MISDEMEANOR OWI. A. Basic Offenses

I. MISDEMEANOR OWI. A. Basic Offenses I. MISDEMEANOR OWI A. Basic Offenses There are now five (5) misdemeanor offenses in Indiana with respect to adults consuming alcohol (or having certain controlled substances in their body without a valid

More information

Legislative 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 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 information

UNDER WHAT CIRCUMSTANCES CAN I BE CONVICTED OF A DUI IN WYOMING?

UNDER WHAT CIRCUMSTANCES CAN I BE CONVICTED OF A DUI IN WYOMING? FREQUENTLY ASKED QUESTONS (FAQ) ABOUT DUI CASES IN WYOMING By Eric F. Phillips, Attorney at Law 307-382-0975 or email eric@rockspringsattorney.com Nothing in this site is legal advice and nothing can replace

More information

ARIZONA ARIZONA STATE: Basis for a DWI Charge:

ARIZONA 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 information

Who Should Read This? Your Driving Record. The cost of DUI. Bottom line: It s not worth the risk.

Who Should Read This? Your Driving Record. The cost of DUI. Bottom line: It s not worth the risk. Who Should Read This? Your Driving Record Anyone who thinks a DUI is no big deal All Montana drivers Parents of young drivers Employers Educators Health professionals On average, each year on Montana s

More information

DUI FAQ Guide. FAQs to Help Guide You Through The Florida DUI Process

DUI FAQ Guide. FAQs to Help Guide You Through The Florida DUI Process DUI FAQ Guide FAQs to Help Guide You Through The Florida DUI Process Randy Berman, Esq. Law Offices of Randy Berman (561) 537-3877 RandyBermanLaw.com A Simple guide for someone recently arrested for a

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellant, FOR PUBLICATION May 10, 2002 9:00 a.m. V No. 234940 Kent Circuit Court JOSEPH MARK WOLFE, LC No. 01-002134-FH Defendant-Appellee.

More information

FINAL BILL REPORT HB 1544

FINAL BILL REPORT HB 1544 FINAL BILL REPORT HB 1544 C 352 L 99 Synopsis as Enacted Brief Description: Making corrections to sentencing laws. Sponsors: Representatives O Brien, Ballasiotes, Kastama, Cairnes and Keiser; by request

More information

New Orleans Area Criminal Defense Lawyer

New Orleans Area Criminal Defense Lawyer New Orleans Area Criminal Defense Lawyer Our Louisiana criminal defense law firm provides aggressive and effective defense for individuals in local, state, and federal courts. At Gerard Archer Law Firm,

More information

OPERATING UNDER THE INFLUENCE CAUSING SERIOUS INJURY. The defendant is charged with causing serious bodily injury by

OPERATING UNDER THE INFLUENCE CAUSING SERIOUS INJURY. The defendant is charged with causing serious bodily injury by Page 1 Instruction 5.500 2009 Edition OUI CAUSING SERIOUS INJURY OPERATING UNDER THE INFLUENCE CAUSING SERIOUS INJURY I. FELONY BRANCH The defendant is charged with causing serious bodily injury by operating

More information