DRIVING UNDER THE INFLUENCE PENALTIES AND PROCESS INFORMATION
|
|
- Doris Randall
- 5 years ago
- Views:
Transcription
1 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 (407)
2 CRIMINAL CHARGE OF DUI A person is guilty of the offense of driving under the influence if the State can prove beyond a reasonable doubt that: (1) the person is driving or in actual physical control of a vehicle and (2)(a) the person is under the influence of alcoholic beverages, or any chemical substance, to the extent that the person's normal faculties are impaired; or (b) the person has a blood-alcohol level of 0.08 or (c) the person has a breath-alcohol level of 0.08 Driver: any person who drives or is in actual physical control of a vehicle on a highway or who is exercising control of a vehicle or steering a vehicle being towed by a motor vehicle. Actual Physical Control: a driver must be physically in or on the vehicle and have the capability to operate the vehicle, regardless or whether they are actually operating the vehicle at the time. Normal Faculties: include, but are not limited to: the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies and, in general, to normally perform the many mental and physical acts of our daily lives. Penalties: please review the attached penalties mandated by Florida law. DEPARTMENT OF MOTOR VEHICLES The Department of Motor Vehicles will suspend the driving privilege of a person who is driving or in actual physical control of a motor vehicle and who: (1) has an unlawful blood-alcohol level or breath-alcohol level of 0.08 or higher; or (2) of a person who has refused to submit to a urine test or a test of his or her breath-alcohol or blood-alcohol level. Suspension: 12 months for a refusal to submit to any test. 6 months for an unlawful breath-alcohol or blood-alcohol level.
3 Formal Review Hearing The driver may request a formal review of the suspension by the Department of Motor Vehicles within 10 days after the date of issuance of the notice of suspension (citation). The department must schedule a hearing to be held within 30 days after such request. All requests for review must include: (a) The name, address, driver license number, and date of birth of the driver; (b) A statement of the date of suspension and the county where the driver received notice of suspension or disqualification of the driving privilege; (c) Copy of the notice of suspension/disqualification issued by the department. Issues Under Review In a formal review hearing, the hearing officer shall determine by a preponderance of the evidence whether sufficient cause exists to sustain, amend, or invalidate the suspension. The scope of the review shall be limited to the following issues: (1) If the license was suspended for driving with an unlawful blood-alcohol level or breath-alcohol level of 0.08 or higher: (a) Whether the law enforcement officer had probable cause to believe that the person was driving or in actual physical control of a motor vehicle while under the influence of alcoholic beverages or chemical or controlled substances. (b) Whether the person had an unlawful blood-alcohol level or breath-alcohol level of 0.08 or higher. (2) If the license was suspended for refusal to submit to a breath, blood, or urine test, then the hearing officer will review: (a) Whether the law enforcement officer had probable cause to believe that the person was driving or in actual physical control of a motor vehicle while under the influence of alcoholic beverages or chemical or controlled substances. (b) Whether the person refused to submit to any test after being requested to do so by a law enforcement officer. (c) Whether the person was told that if he or she refused to submit to such test his or her privilege to operate a motor vehicle would be suspended for a period of 1 year or, in the case of a second or subsequent refusal, for a period of 18 months.
4 Hearing Officer s Determination If after review, the hearing officer determines that there is not sufficient cause to sustain the suspension, the officer can then invalidate the suspension. Note: Even if the hearing officer invalidates the suspension, this does not preclude the criminal prosecution of the DUI charge. If the suspension is sustained by the hearing officer, then the suspension continues until all requirements necessary to be eligible to have your license reinstated have been met. Temporary Permit The temporary permit issued at the time of suspension expires at midnight of the 10th day following the date of the arrest. Upon request for a formal review hearing, the Division of Driver Licenses will issue a driving permit for business purposes only. Note: This request must include a copy of the notice of suspension (citation). If the suspension is subsequently sustained by the hearing officer, then the permit is canceled. BUSINESS PURPOSES ONLY LICENSE (a.k.a Hardship License) A person with an unlawful alcohol level is not eligible for a hardship permit until 30 days have elapsed after the expiration of the last temporary permit issued. For a first time refusal, a person is not eligible for a hardship permit until 90 days have elapsed after the expiration of the last temporary permit issued. For a second refusal, a person is not eligible for a hardship license. Note: DMV also requires proof of enrollment in a DUI course and may require the installation of an ignition interlock device before you can become eligible for a hardship permit. Business Purposes Only: a driving privilege that is limited to any driving necessary to maintain livelihood, including driving to and from work, necessary on-the-job driving, driving for educational purposes, and driving for church and for medical purposes. Ignition Interlock: is a device installed in a motor vehicle which prevents the ignition from starting unless the driver blows a breath sample into the device. If the alcohol concentration of the breath sample exceeds 0.05, the motor vehicle engine will not start. A person convicted of DUI who applies to the Division of Driver Licenses for driver license reinstatement will be directed to an ignition interlock provider. If required, the ignition interlock devise must be installed on the vehicle prior to receiving a license. For more information, contact the Department of Highway Safety and Motor Vehicles:
5 DUI COURSE LEVEL 1 Mandated per FS (4) and (5). The level of each DUI course is based upon the number of lifetime DUI/RD offenses. The Level 1 course is designed for individuals who have been convicted of only one DUI. Overview Twelve hour educational course. All students undergo a one hour psycho-social evaluation interview conducted by a certified DUI evaluator. The course is taught by a State of Florida Certified DUI Instructor. Teaching tools include lectures, class discussions, handouts, and videos. Courses Classes are available weekly: days, evenings and weekends. Classes are located in Orange, Osceola, Seminole and Brevard counties. Basic requirements needed to register are: (1) Court order, if there has been a conviction. (2) Arrest Affidavit or Traffic Crash Report (legible copies). (3) DUI Citation(s) (legible copies). (4) Breath / Blood Alcohol Level reading (BAL). (5) Driver s License Number. (6) Photo Identification. Students may register prior to conviction. Registration normally takes at least 1 ½ hours. Online registration is available at register.floridasafety.org. For additional information, please call your local Florida Safety Council. DUI - DRIVING UNDER THE INFLUENCE PENALTIES (effective 7/1/02 except ingnition interlock, which did not become effective until 7/1/03) FELONY DUI - the following DUIs qualify for felony upgrade. 3rd offense with at least one prior conviction within 10 years (2)(b)1 4th offense, regardless of dates of prior convictions (2)(b)3 Any DUI where defendant s driving causes or contributes to causing a crash
6 which results in death or serious bodily injury to the defendant or any other person involved in the crash (3) FINES (2)(a) - (b) and (4)(a) Minor in car OR BAC under.20 BAC.15 or Greater minimum maximum minimum maximum 1st offense $500 $1000 * $1000 $2000 2nd offense (regardless of date) 3rd offense Not less than 4000 (regardless of date) * DUI with Damage/Injury is a 1st degree misdemeanor carrying a maximum of $1000 on first offense. Felony DUI If upgraded to a felony, the minimum fine required is $1000 and the maximum fine is $5000. If qualified for felony but charged as a misdemeanor, minimum and maximum is same as 3rd offense listed above. JAIL (2)(a) and (4)(b) BAC under.20 Minor in car OR BAC.15 or Greater minimum maximum minimum maximum 1st offense 0 days 6 months* 0 days 9 months* 2nd offense 0 days 9 months 0 days 12 months (outside of 5 years) 2nd offense 10 days** 9 months 10 days** 12 months (within 5 years) 3rd offense (outside 10 years) Same as 1st or 2nd offense as applicable and maximum is 12 months. *DUI with Damage/Injury is a 1st degree misdemeanor which carries a max. of 1 yr in jail on first offenses **At least 48 hours of the mandatory jail time must be consecutive Felony 3rd offense with at least one prior conviction w/in 10 years of the current offense. If upgraded to felony, minimum jail is 30 days** and the maximum is 5 yrs prison. If charged as a misdemeanor, the minimum remains same and the maximum is 1 yr. 4th offense. If upgraded to felony, the minimum jail required is same as 2nd or 3rd offense, as applicable, and maximum is 5 yrs prison. If case is charged a misdemeanor, the minimum remains the same and the maximum is 1 year.
7 D.L. REVOCATION minimum (2) maximum 1st offense 180 day revocation 1 year revocation 2nd offense outside of 5 years 180 day revocation 1 year revocation 2nd offense within 5 years 5 years revocation permanent/lifetime revocation 3rd offense outside of 10 years Felony Same as 1st or 2nd offense, as applicable 3rd offense with at least one prior conviction w/in 10 years of the current offense. Requires a minimum revocation of 10 years and a max. up to a permanent/lifetime revocation, regardless of whether charged as felony or misdemeanor. 4th offense requires a permanent/lifetime revocation, regardless of whether case is charged as a felony or misdemeanor. IMMOBILIZATION¹ (6) minimum maximum 1st offense 10 days 1 year 2nd offense outside of 5 years 10 days 1 year 2nd offense within 5 years 30 days 1 year 3rd offense outside of 10 years Felony Same as 1st or 2nd offense as applicable 3rd offense with at least one prior conviction w/in 10 years of the current offense. If upgraded to felony, the minimum immobilization requirement is 90 days and maximum is 5 years. If charged as a misdemeanor, the minimum remains the same and the maximum is 1 year. 4th offense requires a minimum of 2nd or 3rd offense immobilization, as applicable, regardless of whether charged as a felony or a misdemeanor. Maximum is 5 years for a felony and 1 year for a misdemeanor. IGNITION INTERLOCK DEVICE (effective 7/1/03) (2)(a) - (b), (4)(c) and (Device that will prohibit the car from starting if the person s BAC registers over.05, and must be placed on all vehicles that are individually or jointly owned or leased and routinely operated by the DUI offender.) Minor in car OR minimum BAC.20 or greater maximum 1st offense 0 days 0 days 6 months 2nd offense (regardless of date) 1 year 2 years 2 years 3rd offense (regardless of date) 2 years 2 years 2 years Felony Whether upgraded to felony or charged as a misdemeanor, the minimum ignition interlock
8 requirement is 2 years. If upgraded to felony, the maximum is 5 years, if charged as a misdemeanor, the maximum is 2 years. OTHER PENALTIES Adjudication: All offenders MUST be adjudicated guilty Probation: All offenders MUST be placed on reporting probation for at least 6 months. However, you may be given up to 12 months (5) and (6)(a) DUI School: All offenders MUST be ordered to complete a substance abuse course conducted by a DUI program licensed by the department which shall include a psychosocial evaluation of the offender. Any recommended counseling must be completed at the defendant s expense. Level I shall be imposed for all first offenders only and Level II for all repeat offenders (5) Community Service: First time offenders MUST be ordered to complete a minimum of 50 hours of community service. The hours may be bought out at a rate of $10 per hour, however you should consider limiting the buyout to no more than half of the hours (6)(a). (Also see FN1). Court Costs: All offenders MUST pay court costs. Victim Awareness Program: Although not statutorily required, all offenders SHOULD be ordered to pay costs of investigation. No Alcohol: Although not statutorily required, all offenders MAY be ordered to refrain from possessing or consuming alcohol during the period of their probation. Random Testing at Defendant s Expense: Although not statutorily required, all offenders MAY be ordered to undergo random drug and alcohol testing at the defendant s expense. VT 7/22/03 ¹ McGhee v. State, 847 So.2d 498 (4th DCA March 2003) Court ruled that the plain language of (6) requires that the penalties of community service and vehicle immobilization are mandatory ONLY for violations of (1). Since DUI Causing Property damage or Personal Injury falls under (3) rather than (1), those mandatory penalties do NOT apply to that offense. The Court pointed out that Section (5), by its terms applies to any offender convicted of violating this section. In contrast, subsection (6) applies only to any person convicted of a violation of subsection (1).
28.1 DRIVING WHILE UNDER THE INFLUENCE 316.193, Fla.Stat.
28.1 DRIVING WHILE UNDER THE INFLUENCE 316.193, Fla.Stat. To prove the crime of Driving Under the Influence, the State must prove the following two elements beyond a reasonable doubt: 1. (Defendant) drove
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;
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
2014 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
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
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:
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
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
DUI... 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
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
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
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;
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
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
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
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
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
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
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
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
ALCOHOL 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.
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
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
How To Defend A Drunk Driving Charge In Florida
The DUI Report A Comprehensive FLORIDA DUI Resource If you have already retained a lawyer in this matter, please disregard this flyer/magazine. We have obtained your name from the Hillsborough, Pinellas,
Oregon Suspension/Revocation/Cancellation Guide
Oregon Suspension/Revocationlation Guide Implied Consent (IC) (ORS 813.100) TYPE LENGTH HARDSHIP WAIT Breath/Blood/Urine Test Refusal 1 year 9 Breath/Blood/Urine Test Refusal Increased 3 years 3 years
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
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
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
Florida Safety Council, DUI Division Special Supervision Services Program Information
Eligibility Requirements for Special Supervision Services: Driver License Revocation Periods for DUI-s. 322.271, F.S. and s. 322.28, F.S.: 2 nd Conviction within 5 Years of 1 st Conviction: A. Minimum
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
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
A 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
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
Significant 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
What 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
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
DELAWARE 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
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
DUI 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,
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
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
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
CHAPTER 38 DRIVING AFTER IMBIBING ALCOHOL OR UTILIZING DRUGS
CHAPTER 38 DRIVING AFTER IMBIBING ALCOHOL OR UTILIZING DRUGS Sec. 3801. Definitions. 3802. Driving under influence of alcohol or controlled substance. 3803. Grading. 3804. Penalties. 3805. Ignition interlock.
Pennsylvania 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
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
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,
CHAPTER 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
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
The Price You ll Pay...
The Price You ll Pay... DUI in North Dakota December 2012 DL1212 Ten Tips to Save Your Life Always plan ahead. If you wait until you start drinking to figure out how you ll get home, it s too late. Designate
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
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]
ILLINOIS 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
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.
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
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]
CHAPTER 38 DRIVING AFTER IMBIBING ALCOHOL OR UTILIZING DRUGS
CHAPTER 38 DRIVING AFTER IMBIBING ALCOHOL OR UTILIZING DRUGS Sec. 3801. Definitions. 3802. Driving under influence of alcohol or controlled substance. 3803. Grading. 3804. Penalties. 3805. Ignition interlock.
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]
LICENSE 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
CHAPTER 7 - YOUR DRIVING PRIVILEGES
CHAPTER 7 - YOUR DRIVING PRIVILEGES Driving in Minnesota is a privilege. You can lose your driving privileges if you break certain laws or fail to meet certain requirements. The Minnesota Department of
Frequently asked questions about ignition interlock devices
Legal Issues Frequently asked questions about ignition interlock devices Q: Who can be ordered to install an ignition interlock device? A: Wisconsin Act 100, which took effect on July 1, 2010, requires
OWI 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.
The Basics of Missouri DWI Law. DWI Criminal Statute. Prior Offenses & Penalties 10/22/2015. Presenter: Jason Korner 577.010. Misdemeanor DWI Offenses
The Basics of Missouri DWI Law Presenter: Jason Korner DWI Criminal Statute 577.010 A person commits the crime of driving while intoxicated if he operates a motor vehicle while in an intoxicated or drugg
Your Guide to Illinois Traffic Courts
Consumer Legal Guide Your Guide to Illinois Traffic Courts Presented by the Illinois Judges Association and the Illinois State Bar Association Illinois Judges Association Traffic courts hear more cases
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
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,
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
HAWAII 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-
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
How are you getting home? Drinking, Driving and the Law... 1-888-THE-TABC www.tabc.texas.gov www.2young2drink.com
How are you getting home? Drinking, Driving and the Law... 1-888-THE-TABC www.tabc.texas.gov www.2young2drink.com 2 3 Drinking and Driving Laws If you are over 21, -.08 is the limit in Texas on all roadways.
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
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
Oregon Suspension/Revocation/Cancellation Guide
Oregon Suspension/Revocationlation Guide If eligible for a hardship permit, will be noted in the HARDSHIP? column along with the wait time a person must serve before DMV can issue a permit. Wait times
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
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
Points, Suspension, and Insurance Requirements
CHAPTER THREE Points, Suspension, and Insurance Requirements The BMV assesses a point value for each conviction of a moving violation under Indiana law. The point value relates to the seriousness of the
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
CONCERNED CITIZEN S CALL LEADS TO DUI AND CHILD NEGLECT CHARGES
November 18, 2013 CONCERNED CITIZEN S CALL LEADS TO DUI AND CHILD NEGLECT CHARGES A concerned citizen called the Okaloosa County Sheriff s Office after spotting a woman speeding and driving erratically
! 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
What 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
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
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
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.
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)
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
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,
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
An 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
ALCOHOL 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.
COLORADO 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:
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
Points, Suspension and Insurance Requirements
CHAPTER THREE Points, Suspension and Insurance Requirements The Point Study Committee assesses a point value for traffic violations. The point value relates to the severity and history of the violation
FELONY ALCOHOL INTERVENTION PROGRAM FAIP
FELONY ALCOHOL INTERVENTION PROGRAM FAIP Mission to capitalize on the trauma and consequences of an arrest by early intervention in the alcoholic s course of abuse Problem 124 motor vehicle deaths occurred
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
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
Michigan 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
Dui Questions And Answers California Dmv Permit Test
Dui Questions And Answers California Dmv Permit Test Georgia DDS test questions for Permit Practice and Driver's License Practice. All the GA DDS practice tests, questions, and answers you need to pass.
--------------------------~/
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT FOR HILLSBOROUGH COUNTY, FLORIDA GENERAL CIVIL DIVISION ERIC BICHACHI, Petitioner, vs. FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Respondents.
I am pleased to provide this 2014 Illinois DUI Fact Book, which features factual information about Illinois efforts to combat drunk driving.
A message from Secretary of State Jesse White DUI Fact Book I am pleased to provide this Illinois DUI Fact Book, which features factual information about Illinois efforts to combat drunk driving. Illinois
MARYLAND. 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:
Limited 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
Special Supervision Enrollment Form
Special Supervision Enrollment Form You must have a hearing at the Department of Motor Vehicles before enrolling into the Special Supervision program. After the hearing you will be issued an approval for