Drunk Driving Resource Center

DUI Laws, DUI Defense, and DUI Enforcement

Super Drunk Driving Laws

Just as it sounds, super drunk driving laws are subjected to people who are convicted for being super intoxicated while operating an automobile. The charges in this case are usually considered double the normal DUI charges. In other words, the charges apply when the convicted person is drunk more than twice the legal limit. This kind of driving is considered extremely dangerous not only to the charged person but to the members of the public as well.

The aim of establishing the Super Drunk Driving laws is to remarkably increase the penalties subjected to the victims. Any person who pays the hefty penalties after being convicted is bound to refrain from the vice. In this regard, the laws are perfect in curbing this dangerous trend. For you be rendered a super drunk driver, you will require undergoing the core tests as required by the law. Normally, the tests involve urine, breath or blood.

 

So, which are the penalties that you will be subjected to once you have been proven guilty for driving while super drunk? Like earlier stated, it will definitely cost you more in this case as compared to other normal convictions. The key penalties include:

• Jail Term- This is actually one of the major consequences faced by people caught up in a super drunk driving case. It is important to note that the jail term might even extend to a period of 180 days which translates to about 6 months. However, some factors can tamper the sentence and narrow it down to a shorter period.

• Fine- At times, you might be offered an option of paying a fine instead of serving a jail term. In such a case, you might be required to pay a total of about $700. Again, some factors might alter the amount you should pay as fine. You might be lucky to pay a lesser amount than the one set by the law.

• Community Service- A person convicted with super drunk driving offence might be required to serve the community as a way of paying for the crime. It is for the judge to use his intellectual knowledge in deciding whether you should serve the community or not. The convicted person might be required to offer such services for a duration of 360 hours which is equivalent to 15 days.

• License Suspension- This is yet another penalty that can amount from super drunk driving offense. It is actually one of the worst sentences that you can be subjected to with regard to the offense you have committed. Note that once your license is suspended, you will not be in a position to drive before the lapse of one year.

It is important to understand that you can always obtain a restricted driving privilege if your legal license is suspended. However, this only applies if you agree to have an Ignition Interlock Device installed in your car. The device is designed to bar you from driving when drunk.

With an Ignition Interlock Device, your car cannot start if there is any traces of alcohol found in your body. You will always be required to feed your breath into the device before you start any journey.

Consequences of Operating Under The Influence of Liquor

Operating Under the Influence of Liquor (OUI), Driving While Intoxicated (DWI) and Driving Under the Influence (DUI) are just some of the legal terms used in various states when referring to drunk driving. Most of the time, people don’t realize the serious consequences of this particular offense until it’s too late. But did you know that in the United States, about 28 people die every day as a result of drunk driving accidents? If the statistics still don’t scare you into giving up your keys whenever you take a few drinks, then consider how a DUI conviction will impact your own life:

First Offense Non-Injury DUI

If, by some lucky happenstance, you did not kill, injure or cause a substantial property damage when you’re arrested for Operating Under the Influence of Liquor, then you will probably get off with a light punishment. You will most likely spend a few days in jail and be placed under probation for a few years once you get out. While on probation, you cannot commit the same offense, which means no drunk driving for a few years for you. There’s usually a hefty fine imposed (usually over $1000) and mandatory classes for DUI offender (another $1000 or more in costs). Your driver’s license will be suspended for a year, although you may get a restricted permit that lets you drive to and from work and in case you need to obtain medical care. And if you persist in driving during the suspension of your licenses, then you will face jail time if arrested. You insurance will go up or may even be cancelled, making it more difficult to get your license back as most states require insurance. Most of all, this puts you in danger of more serious consequences should you commit the same crime. And if you think you can run to another state and get a license there, you’re in for a rude awakening. The Interstate Driver’s License Compact and the National Driver’s Registry will let the state know about you DUI conviction. You can run, but you can’t drive.

Second and Subsequent Offenses

Punishment for repeat offenders are usually harsher. The length of time varies from state to state, but you will definitely face longer jail time than first timers. Additionally, your driving privileges will be suspended for a longer period, your DUI offender school tuition fees more expensive, your fines larger and your insurance rates will probably skyrocket to the point that you can no longer afford it. You will also be required to install an interlock ignition device where the car is disabled if you smell of alcohol.

Felony Prosecutions

If, as a result of your drunk driving, you killed or injured another person, then you will most likely face a criminal prosecution and be imprisoned for quite some time, even if this was your first time. In some states, subsequent DUI convictions can also result in felony prosecutions.

As you can see, there are serious consequences to a conviction for Operating Under the Influence of Liquor. So before getting behind the wheel, stop and carefully consider whether you are fit to drive. You might be better off calling your spouse or hailing a taxi.

How To Beat A DUI Charge

A DUI charge is one of the most unfortunate things that can ever happen to you. However, it is one of the common vices that happen every now and then. The most challenging part with regard to DUI charges is how to get off the hook. As a matter of fact, most people end up spending years in jail while others pay hefty penalties for driving under influence.

It is important to note that if proper strategies and techniques are applied, beating a DUI charge may not be challenging after all. It is as simple as understanding the whole concept and everything else will fall in place. That way, you will be in a position to give the charges leveled against you a twist that will work in your favor.

 

Here are some effective tips to help you beat a DUI charge.

Hire A Professional Attorney
This should actually come as your primary step when embarking on the quest to beat a DUI charge. Note that law related issues are quite complicated especially for people without knowledge in the respective field. For this reason, you will definitely need a professional attorney to represent you in the court of law during the hearings. You need someone to speak on your behalf and ensure that everything with regard to your charges takes the right course.

However, you must always ensure that you only go for a competent and reliable attorney. This is in addition to their academic qualifications and experience. That way, you can have an assurance of facing the charges with utmost optimism.

Challenge Sobriety Test Results
In most cases, the court might demand for some tests that confirm you were indeed caught driving while drunk. The arrest officer is usually responsible for the sobriety tests results. However, it is important to understand that such results are not always reliable. The arresting officer might have had other reasons to take you in court. In other words, it is never easy to establish the truth in the test results presented before the court. It will therefore work ideally if you disapprove such evidence.

Provide Other Reasons Behind Your Impairment
Like earlier stated, you can always disapprove sobriety test results. However, you should not stop at that. As a matter of fact, you should provide other reasons on why you were driving under influence. You can convince the judge that it was out of fatigue or other unfavorable conditions that impairment resulted. Note that arresting officers do not consider other factors that trigger human impairment hence you can take the advantage.

In addition, you can try and convince the court that bad weather influenced your driving. Any person regardless a driver or not understands that bad weather is a major contributor of road accidents and other messes.

Be Respectful And Keep Calm In Court
If you are a hot tempered kind of person, then you must learn how to get hold of yourself while in court. Politeness is one of the strategies which have the capacity to manipulate the judge’s decision. Be sure to show the judge that you completely understand the seriousness of the crime you have committed. In fact, you should go ahead and show remorse. That way, it is easy to move the judge and he can even pardon you.

What Are The Penalties For A DUI In Michigan?

The deadly effects of driving under the influence of alcohol don’t need any explanation. Nonetheless, in spite of all the warnings, a lot of people are killed in road-accidents each year that goes by, under the influence of alcohol. If you were wondering what the penalties are for a DUI in Michigan, this article is going to reveal to you these penalties.

Michigan’s Drinking & Driving Laws
Michigan’s drunk-driving law makes it unlawful to drive with a blood alcohol concentration (BAC) of 0.08% or above. The 0.08-limit is the standard measure for impaired drivers across the U.S. The BAC for commercial drivers and those under 21-years old are lower in the state of Michigan. Another law related to drunk-driving in Michigan is Operating-While-Visibly-Impaired (OWVI) law. This law implies that one’s ability to drive is visibly impaired when alcohol or drugs (or both) are present in their body.

Michigan’s Penalties for a DUI
Penalties for a DUI in Michigan aren’t just limited to court-related consequences; as a matter of fact, many other consequences may occur in one’s personal life stemming from a DUI- conviction.

When you get convicted for drunk-driving in the State of Michigan, the conviction stays on your record forever. A DUI offence isn’t eligible for expunction. Misconduct makes you face up-to 1-year in jail. When convicted, may spend up-to 5-years in prison.

The Culprit’s driver’s license is revoked or suspended. The length for this suspension depends on his/her previous drinking & driving convictions. If you happen to be a multiple offender, you will have lifetime license revocations, even though you may be eligible to apply for a hearing for reinstatement.

You can be made to pay fines mounting to $5,000 (plus surcharges) and may also be ordered to install an ignition interlock in your car using your personal money. Furthermore, DUI is the only motor vehicle felony tracked by the database of the FBI.

For more information, please contact the East Lansing DUI Attorneys at The Clark Law Office.  There are many variables which can effect the outcome of your case and it’s best to talk to an experienced attorney who knows the specifics and can give you a much more clear picture of what to expect.

A DUI conviction will cause your auto-insurance rates to go-up and you’ll also be required possess an SR-22-policy for 3-years. Your life insurance company may consider you high-risk and thus deny your policy or raise the rates. Your health insurance will also be affected in the same way; that is in case you’ve got an individual policy.

A drunk-driving conviction can also have an effect on your employment. Many employers terminate employees immediately when they (employees) are convicted for drunk driving. Some professional licenses may also be revoked for possessing a DUI on your record.

How many drinks should one take before he or she is considered legally drunk?
Even though there are charts and calculators that can give you an idea of how close you’re to getting to the legal limit, these are simply reference tools and hence shouldn’t be used to determine whether you are sober and fit to drive. The best thing to do is to never drink and drive. Driving while drunk in Michigan puts your future, finances and freedom at risk.

As noted above, the penalties for drunk-driving convictions are life-altering. The offence is considered to be more than a traffic-violation. It’s a serious crime with long-lasting consequences. Hope this article has provided you with the answer the question, “What are the penalties for a DUI in Michigan?” Don’t put your life and that of other people by drunk-driving. Be safe by not driving under the influence of alcohol.

Felony Drunk Driving

By Law, a DUI is considered a misdemeanor, but there are laws in place that can turn a DUI into a felony offense. One of the situations where a DUI can be become a felony offense is if the offender in the case is a repeat offender. A repeat offender is dealt with more harshly than a first timer, because they are expected to have learned from their first experience, but these situations vary from state to state, and sometimes have a time constraint of 5-10 years between offenses. If a driver is charged with a DUI after the time constraint has passed, the case will not be considered a felony DUI.

Most states in the United States, with the exception of District of Columbia, Colorado, Maine, Maryland, and Pennsylvania have felony DUI laws; most of the states with felony DUI laws other than Indiana, Minnesota, New York and Oklahoma do not consider a DUI a felony until the third offense. In Indiana, a subsequent DUI conviction within 5 years of the first offense is considered a class D felony, in Minnesota, a second offense based on the circumstances becomes a felony DUI charge, in New York, a second offense within 10 years is considered a class E felony, and in Oklahoma, a second offense and any subsequent offenses within 10 years are felonies.

Another way a DUI can become a felony DUI is if someone is hurt or killed when the offender was driving while intoxicated. If the accident was caused by the other driver, there is a good chance the charges will be reduced from a felony to a misdemeanor, but if the intoxicated driver was at fault, it will be considered a felony. If a person causes damages to another person’s property or state property, while they are intoxicated, they can also be charged with a felony DUI in most states.

Causing harm and being a repeat offender aren’t the only ways a person can be charged with a felony DUI, if a person gets pulled over for driving while intoxicated and they have a child or anyone under 18 in their vehicle even if it is their child, they are automatically charged with a felony DUI, because they are endangering a minor. The charge can be reduced in some circumstances, but in general it is considered a felony.

The level of a person’s intoxication is also considered when it comes to charging them with a felony DUI even if they weren’t in an accident, or if they don’t cause physical or property damage while driving intoxicated. It is not practiced in all the states with DUI felony laws, but some states will charge a person with a felony DUI if the blood alcohol concentration is twice or three times higher than the state limit, other states cap a person’s BAC at a certain level, if it is higher than 0.15, or 0.20, the person is charged with a felony DUI.

As previously mentioned, the laws vary from state to state, so if you are interested in finding out more about felony DUI laws, you can find out about the laws in the state you reside in by going to your state’s Department of Motor Vehicles website.

Drunk Driving and Marijuana Possesison in Michigan

Driving under the influence is a serious offense in the United States of America. It is even taken more seriously in the state of Michigan. The state is known to have some of the country’s most severe DUI penalties and laws. There are various instances whereby one may be found guilty of the offense in the first place. One of the most obvious ways is by being intoxicated with alcohol. There is always a limit for this. Drivers who are over the age of majority, that is 21, are liable for the offense if their blood alcohol content is recorded above 0.08%.

In Michigan, the laws on DUI do not only center on alcohol as a form of intoxication. Being under the influence of drugs will also suffice. For you to be found guilty of driving under the influence in this case, one has to be intoxicated with a drug which is illegal. One of such drugs is marijuana. Therefore, if an intoxicated driver is found with marijuana in their system, they face the same penalties set out under the laws of drunk driving. All that the prosecution will prove when the driver is arraigned in court is that he or she was found driving while marijuana was in their system.

Carrying marijuana in the state of Michigan does not carry a very severe punishment. Michigan is known for not making any major distinction between offenses involving marijuana and the act of possessing the drug. This is to mean that in Michigan there is little separation of the offense in terms of age and the amount of marijuana found on the offender. If a driver is found in possession of the drug, he or she has committed a misdemeanor. The law prescribes a maximum of one year jail term or a fine of not more than $ 2000 as penalty for being in possession of marijuana.  If you find yourself needing help, you should contact a Lansing criminal defense attorney for more information and to get your questions asked.

Another crime which is committed by someone in possession of marijuana is actually smoking it. This may earn one a jail term of 90 days or a fine of $ 100. However, the judge may exercise his discretion and increase or lessen the jail term or fine. This, however, depends on the circumstances of the case. The judge may also grant the offender conditional discharge in a possession case. Apart from jail term and fines, the judge may also decide to apply alternative sentencing measures such as rehabilitation, probation and community service.

For a driver who is found smoking in public or private, Michigan laws see it as a felony. This specific crime attracts a jail term of two years. The judge may decide to grant conditional discharge for a first offender. One important thing to note is that Michigan does not recognize medical marijuana as being legal in the state. It will still be an offense for a driver to possess medical marijuana in the state. For a driver who finds himself in a criminal case involving drunk driving and especially possession of marijuana, looking for the best DUI lawyer you can afford is important.

The Dangers of Reckless Driving

Reckless driving is a state of mind when a driver misjudges the usual common driving procedures resulting into road accidents. Reckless driving is an offense and a major traffic violation. It does not only involve driving while drunk, but it also entails careless, improper and is punishable by the law. It covers driving while under the influence of drugs, dizziness and alcohol. The driver might also be distracted when he is using a cell phone and driving at the same time. The dangers of reckless driving are normally faced by those driving with lots of stress, anger, carelessness and ignorance, but on the other hand can be avoided when drivers take their time to be careful and follow the necessary driving procedures.

The dangers of reckless driving

Driving while in a distraction state is very risky and unsafe. A driver cannot pay attention to a caller, a crying baby besides the road or eat and expect to drive properly on the road. In most parts of the world, making a call while on steering causes distraction and is outlawed because they can bring about fatal accidents and loss of lives. Reckless driving is one of the top causes of road accidents because there are so many ways to endanger lives. Despite the tough penalties against reckless driving, many drivers still maintain uncouth driving behaviors putting people’s lives in dangers.

Most drivers knowingly disregard the traffic regulations by involving themselves in useless and unsafe driving. Over speeding, weaving between lanes, drunk driving, distracted driving; tailgating, assuming turn signals are some of the common types of driving behaviors that are not accepted by traffic law. Each and every one of these behaviors can result to serious injury of people and at the same time these reckless drivers could be held responsible and be fined for causing accidents.

Reckless driving puts innocent people at a risk of getting involved in road accident. A number of people including pedestrians, cyclists, motorists and passengers in other vehicles can be involved stand high chances of being affected by reckless driving. The offence puts everyone in a greater amount of risk. No one is safe since a reckless driver can bump on to a building and cause loss to the landlords. Shops situated by the road side can also be damaged by reckless drivers.

Road accidents generally can bring calamities like getting permanent fractures on any part of the body, excessive blood loss leading to death, emotional trauma, broken bones, spinal cord injuries, infection by HIV & AIDS among others. These injuries and problems can impact negatively both financially and physically on any persons’ life. For the victims who get involved in accidents caused by reckless drivers are supposed to seek full and proper medical attention in order to get best treatment and recover fully. Unfortunately, not all those accident victims can afford the full treatment and some end up dying.

The good thing is that when a reckless driver gets to hit an innocent pedestrian motorist or another car; the driver is held responsible and is forced by law to compensate the victims and pay all the medical expenses. A reckless driver risks paying higher charges and serving long terms in prison.