DUIs in Movies and What The Consequences Would Be Had It Happened in Real Life: The 40-Year Old Virgin

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In the next installment of “DUI’s in Movies”, I want to talk about one of my favorites, the 40-Year Old Virgin. (Check out last week’s post on Adventureland, in case you missed it.)

Although almost every scene is memorable in this movie, one in particular stands out to me (I guess because I’m a DUI blogger) where Andy (Steve Carell) meets a potential hook-up, Nicky (Leslie Mann) at a nightclub. After a few drinks, Nicky invites Andy back to her place and since Andy only rides a bicycle, Nicky takes the wheel. Nicky is way too drunk to be driving and she asks Andy to blow into her ignition interlock for her.

And this, my fellow movie-fans, is a crime.

According to Smart Start of California, if you have someone else blow into your ignition interlock, you can be convicted of a misdemeanor. You will go to jail, pay additional fines, and have your license suspended indefinitely.

Additionally, ignition interlocks will require you to take a rolling re-test, which means you need to blow into it again while you are driving. If the interlock detects alcohol, your high beams will flash and your horn will go off continuously until you pull over and turn the ignition off. Furthermore, these results of the rolling retest will be sent to the court.

For more information about ignition interlocks, please visit the Smart Start of California website.

Paris, Who is This "Friend"?

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Paris Hilton‘s badass boyfriend is going to experience the tribulations of the economy like the rest of us. Following his DUI arrest, Cy Waits has been fired from his job as “Head of Nightclub Operations” at the Wynn Hotel. If he is proven guilty, he’ll have a hard time even applying for security at a nightclub.

As for Paris, she is facing a felony charge for cocaine possession which she claims is not hers. Apparently, her “friend” put cocaine in her purse.

Does this sound familiar?

In the beginning of the summer, Hilton was found with marijuana which she claimed belonged to her friend. Hilton walked free and her friend was sentenced with a fine or imprisonment.

Now, she has another friend who’s planting drugs on her?

Paris, give it a rest. We all stopped using the friend excuse in middle school. Own up to it. In the end, it will make you a more honest person, but, more importantly, the spotlight will shine on you even brighter.

Attention Californians: New Law Likely to Go Into Effect

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Just as the new ignition interlock law went into place, Assemblyman Jerry Hill from San Mateo has sent a bill to governor Schwarzenegger that would let judges have the authority to revoke a driver’s license for repeat DUI offenders for up to 10 years.

AB 1601 states that a person can have their license revoked for ten years if they have three or more DUIs within a ten year period. A representative for Schwarzenegger stated that the governor does support this bill and will sign it before the end of September.

Weekend Checkpoints for August 27th – 29th

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With Labor Day coming up, the police are really going to be keeping a close eye on the road for intoxicated drivers. Please be safe this weekend and know if something were to happen, contact a lawyer immediately.

Here are some checkpoints that are happening this weekend:

Tonight (Friday)

California – King City Area
Jolon Road
DUI and drivers license checkpoint from 2:30 pm to 7:30 pm

Missouri – Kansas City
Undisclosed area where DUI arrests are known to occur.
Undisclosed time.

California – Santa Rosa
Undisclosed location
7 p.m. to 2 a.m.

Connecticut- New Haven
East Haven
6 pm to 4 am

Florida- Florida State University Campus
Convocation Way in front of the Sandels Bldg
Undisclosed time

Nevada – Silver Springs – 2 checkpoints
One checkpoint near the entrance to Lake Lahontan State Park
Second Checkpoint in Washoe County.
Day/Time not confirmed

Tomorrow (Saturday)

Utah- Utah County
State Road 114 at mile post 4, between Provo and Orem on Geneva Road.

9 pm – 3 am

California – Long Beach
East Long Beach
6 p.m. Saturday through 2 a.m. Sunday.

Hungover Owls Can't Call a Lawyer

1 in 5 Drivers Admit to Drinking and Driving

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The National Survey of Drinking and Driving Attitudes and Behaviors shocked news media when it released the statistic that 1 out of 5 drivers admitted to driving drunk in the past year. This means that over 17 million drivers had, at one time or another, driven while intoxicated.

What is even more interesting is that 4 out of 5 drivers fully comprehended that driving while intoxicated was a major threat to their own and others’ safety.

Therefore, we have a population of people who know that drinking and driving is dangerous yet they still continue to do so. Why do you think that is?

Obviously while intoxicated, people lose the ability to make rational decisions. However, what about the people around them who have been told to take their keys away? If the last episode of Seinfeld taught us anything, it was that not everyone can be a Good Samaritan. Understandable. However, the study showed that 8 percent of people who are 16 and older admitted to getting in the vehicle with an intoxicated driver.

Therefore, the question remains, why do we continually put ourselves at risk? What is it about the human condition that allots us with this risk-taking behavior? Above all, what were we thinking?

Why do you think people continue to drink and drive? Take the poll below. If you don’t see your answer, leave a comment!

You're Busted… For Believing this DUI Myth!

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In the last of our DUI Myths series (for now), I’d like to talk about field sobriety tests. It feels like whenever we read news articles about a person getting arrested for a DUI, we always see the phrase, “This person failed the field sobriety test.”

A lot of people believe the following:

I am required to take a field sobriety test.

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Absolutely not! The officer may make it seem like you are required to, but you do not need to. You are allowed to decline and say you do not wish to answer any questions unless you have a lawyer present. Remember, you are required to state your name, show your license and registration, and take a BAC test.

Many lawyers don’t like field sobriety tests as proof of a person being drunk. A lot of issues can affect whether or not a person passes a field sobriety test. A person could have a physical handicap, or let their nerves get in the way. Above all, many people believe field sobriety tests are just employed to prove your guilt and they are an ineffective way to detect intoxication.

If I could give any recommendation, it would be to decline the sobriety test as politely as possible and don’t be unruly as you stand your ground.

DUIs in Movies and What The Consequences Would Be Had It Happened in Real Life: Adventureland

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Let’s face it: a lot of what we see in movies affect how we see things in real life. After all, I still believe if I braid my hair and connect it to a horse’s mane, I’ll be able to ride it perfectly. Needless to say, when we see a character in a movie drive drunk, audience members don’t really see the full consequences of a DUI conviction. (Not that there’s anything wrong with that. After all, DMV scenes aren’t the most compelling.)

Therefore, to add to your world of knowledge, I’ve researched what could possibly happen if these drunk driving scenes had taken place in real life. Every case is different so none of these are exact punishments, but they should give you an idea. Also note, this should not be taken as legal advice. If you do need legal advice, talk to a lawyer.

This is going to be a weekly post and today’s movie that I’m going to discuss is Adventureland starring Jesse Eisenberg and Kristen Stewart.


What Happens: James (Eisenberg) gets his heart broken and in the midst of his anguish, he takes a bottle of booze and drives his father’s car. He crashes into a tree and passes out. James is forced to use his hard-earned cash to pay for the damages.

What Could Actually Happen: Let’s first note that this film takes place in Pennyslvania. DUIs in PA are known as DAI – drinking after imbibing. Had Eisenberg been arrested and convicted of a DAI, he would have to pay up to $5,000 in fines, spend 2-3 days minimum in jail, have his license suspended for a year, and be required to attend Alcohol Highway Safety School.

If I’m not mistaken, James also drove with an open container of alcohol in his car. This also violates PAs open container law, which can result in a $200 fine and up to 90 days in prison.

Watching Eisenberg’s character go through these consequences wouldn’t be nearly as entertaining as watching him get the girl, but I hope this offered you a frame of reference. Check back next week when I discuss a different movie that I haven’t decided on yet. Also, don’t hesitate to provide suggestions.

Celeb DUI Update: Mary Richardson Kennedy Busted Again! Plus a George Michael Update. Wham!

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Mary Richardson Kennedy gets yet another DUI! Just when the media was dying down about Kennedy’s DUI, the estranged wife of Robert F. Kennedy Jr. got pulled over again on Saturday. Her arrests were only three months apart. The most recent charge is for driving under the influence of prescription drugs.

Next, George Michael pled guilty today for driving under the influence. He is currently facing a six-month driving ban and will return to court next month for sentencing.

I’ll be sure to keep you updated on any celeb scandal, so keep checking back!

Faith Evans, Drunken Bride – - What a Weekend!

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Grammy winner, Faith Evans, got arrested for a DUI this weekend. She was stopped at a sobriety checkpoint in Marina Del Ray and was arrested for a misdemeanor DUI. The widow of Notorious B.I.G. posted bail Sunday morning and her car was impounded.

A Vallejo woman decided to call 911 about a drunk driver … and that driver was herself. On Saturday night a woman called the police and admitted to drinking and driving. The police came and assert she was telling the truth.

Talk about an out-of-control bachelorette party! A Washington woman was arrested for a DUI on the day before her wedding. She got too drunk at her bachelorette party and was driving 90 plus mph. Her BAC was two times the legal level. Nonetheless, the trooper let her take a cab home so she could arrive on time to her nuptials the following day.

Checkpoints for August 20 – 22, 2010

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Usually around this time of year, police are out in full-force looking for drunk drivers. Many states are having statewide crackdowns from now until Labor Day. They include PA, NJ, CA, FL, IN, and MO. However, don’t be surprised if other states have heavy patrols during this time as well.

Here are some specific checkpoints:

Riverside County, CA
Coachella- Friday – 7pm to 2 am – Location undisclosed
Palm Desert- Friday – 8pm to 3 am – Location undisclosed
Rancho Mirage- Saturday – 8pm to 3 am

Hawthorne, CA
Tonight- 9pm to 4 am
intersection of 139th Street and Hawthorne Boulevard.

Salinas, CA
Tonight – 6pm to 11 am
Saturday – 5:30 pm to 3 am

Marion, OH
Saturday – 9:30 to 2 am.

Undisclosed location within city limits.

Rapides Parish, LA
Saturday – 8pm to 2 am

Findlay, OH
Saturday- 9:30 pm to 3 am
U.S. 224 east of State Rt. 12

A Night You Want to Forget

Sometimes, the Police Ain't Top Notch

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Wendy Dager’s column in the Ventura County Star yesterday recounts her experience of getting pulled over by the police and being suspected for drinking and driving. She was completely sober and was free to go after a few minutes, but it made me realize how the police can pull you over for anything. Whether you may be veering to the right, have a broken tail light, or don’t come to a complete stop at a stop sign, the police can come up with anything as reason to pull you over. If the police suspect alcohol on your breath, then you may find yourself in deeper trouble.

Yes, it may feel like you should drive in fear for the rest of your life, but it is also important to know that police sometimes make mistakes, too. After all, an Indianapolis police officer is currently on trial for his DUI. The police aren’t perfect.

At Davidson College in North Carolina, Julie Anne Yencer won her case in challenging the authority of campus police hired by Davidson. Since Davidson College is affiliated with the Presbyterian Church, Yencer believes that her arrest was unconstitutional because it violated the separation between Church and State. Like blogger Doug Clark, I completely agree that the focus here should be ensuring the safety of the Davidson community and not splitting hairs over the definition of “separation between Church and State.”

That being said, if safety is a priority, how do we know that Davidson campus police are qualified to handle drunken drivers? Do they know how to correctly calibrate a breathalyzer or properly read the signs of intoxication during a field sobriety test?

This is why it is so important to challenge your DUI case in court. Even if you were drunk, having a qualified lawyer on your side can help find the loopholes in our police enforcement system. In the long run, it will improve the safety of everyone on the road.

Still Deciding Whether or Not to Hire a Lawyer?

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Darbi, Angie and I read tons of stories everyday about people getting DUIs. After all, our jobs are to make sure people find a qualified DUI lawyer in their state. I know if you’re going through a DUI, it may feel like an isolating experience.  However, trust me when I say chances are there are quite a few people out there who have gone through the same experience as you.

The lawyers we work with become a part of 1800 DUI Laws because they want to help you. We deal with people during the most stressful times of their lives. When they find a lawyer, there is a glimmer of hope that they are able to begin putting the pieces of their life back together.

If you need help with your DUI, rest assured that there is a DUI attorney in your state waiting for your call or email. Darbi, Angie and I, along with the rest of the staff at 1 800 DUI Laws, strive to make our service a smooth process for you because we know other aspects of your life may currently be a little rocky.

You're Busted… for Believing This DUI Myth!

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Getting a DUI is a stressful situation and a lot of people believe the following statement:

If you get pulled over for a DUI, kiss your life goodbye. You are automatically guilty of a DUI.

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It practically breaks my heart every time I hear someone say this. There are so many factors and loopholes that can be argued in a DUI case and it is important to remember that police make mistakes, too. There is no reason to plead guilty. Every DUI case is different and each one is worth fighting.

The smartest thing anyone can do is hire a DUI attorney. Yes, you might have made a mistake by having a little too much drink. However, you need to get smart and take responsibility for your actions in the most productive way. Hire a lawyer. Fight your case.

"My Cat Made Me Drive Drunk"

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Here are some DUI stories that caught our attention around the office…

Guy Pleads “Cat” at DUI Hearing – Earlier today, English bowler, Graeme Swann, claimed he drove under the influence because he needed to find some tools to rescue his cat from the floorboards of his house. Maybe the cat just wanted to avoid his drunk owner…

A Hitchhiker Actually Has SOME Common Sense – In Anchorage, Alaska, a woman hitched a ride and suspected the driver was drunk. She sent text-messages to her friends who then called the authorities. After all the horror movies I’ve seen, I would say that this hitchhiker was pretty lucky she got out safe.

Living Your Childhood Dreams While Drunk – I think it might be a dream among boys to one day drive a huge dump drunk. I don’t get it, but to each their own. Needless to say, an Ohio man fulfilled his dreams this weekend by getting drunk and hopping in a dump truck to go for a joyride. Police chased him for a bit and now this man has a new dream of not being behind bars.

Things Get Thorny for Bachelor Star!

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More Weekend Checkpoints!

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If you’re superstitious like me, you better watch out for some DUI checkpoints since today is Friday the 13th. Here is a list of some more checkpoints happening this weekend.

King County, Washington is going to have some major checkpoints from now until Labor Day. Participating regions include Algona, Auburn, Bellevue, Black Diamond, Burien, Clyde Hill, Covington, Des Moines, Enumclaw, Federal Way, Issaquah, Kent, Kirkland, Maple Valley, Mercer Island, Newcastle, Normandy Park, North Bend, Pacific, Port of Seattle, Redmond, Renton, Sammamish, SeaTac, Seattle, Snoqualmie and Tukwila.

New Lexington, OH will be having an OVI checkpoint tonight at 9pm to 1 am. It will be on Broadway Street near Route 13.

Santa Fe Springs, CA will be conducting a checkpoint tonight from 7 pm to 3 am at an undisclosed location.

There will be a checkpoint in Santa Monica, CA at the 300 block at Pico. This will be happening tonight, as well.

It's Friday the 13th!

Weekend Checkpoints for August 13th – 15th

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* Kansas City, MO
Kansas City will be conducting a checkpoint this weekend at an undisclosed times and location. Checkpoints will be around areas known for DUI arrests, so plan for checkpoints at all of the Kansas City hotspots.

* Las Cruces, New Mexico
Las Cruces also announced a checkpoint this weekend without disclosing the time or exact place.

* Cookeville,Tennessee
There is going to be a checkpoint in Cookeville, TN this Friday. It will be held on Willow ave at the intersection of Jere Whitson rd.

* Delaware
Northern Delaware is going to be having roving DUI patrols all weekend. Those of you who live in Haverford, Marple, Newtown, Radnor, Springfield, and Upper Darby should be extra careful when driving this weekend.

Celebrity DUI Tidbits for August 11th, 2010

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Here are some updates on your favorite celebs and their famous DUIs.

Gerard Lawson, the defensive back for the Cleveland Browns, was arrested Saturday evening for a DUI. Police witnessed him hit a car and continuing to drive. Despite spending Sunday in jail, Lawson still managed to make it to practice on Monday. A true champion…

The judge who ordered Lindsay Lohan to go to jail is stepping down from the case. Judge Marsha Revel resigned on Friday after prosecutors alleged that Revel was discussing the case with outside sources. After all, there was hardly anybody discussing anything involving Lindsay Lohan for the past few months…

As if the drama wasn’t getting any worse in New Jersey! Teresa Guidice, one of the stars of The Real Housewives of New Jersey, is in plenty of legal trouble with her house being foreclosed (according to Danielle – - drama!!) and filing for bankruptcy. It certainly doesn’t help that her husband, Joe Guidice, was arrested for a DUI in March. Mr. Teresa is planning to appeal his DUI sentence to the court, saying his required 30 days of community service was excessive. The Guidices then looked at their 20-carat diamonds, exclusive Versace clothes, and Bentleys and realized they don’t really understand the definition of excessive.

All About Rehab

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Just like any celebrity, Lindsay Lohan was released early from jail and has gone to rehab. Whether you have been following the trials and tribulations of LiLo, going to rehab is a punishment given to a lot of DUI offenders and often is used as a substitution for jail. If you are dealing with a DUI offense, here are some things you should know about rehab:

1.) There are many different types of treatments at rehab centers. Inpatient rehabilitation centers provide services from a licensed hospital, while residential rehabs do not have this type of medical service.

2.) Cost can be a very important issue about finding a rehab. There are some instances where your insurance can cover your treatment, but it is very important to talk to an intake advisor. They can assess your financial and insurance information and help you find a treatment center that best fits what you need.

3.) Many alcohol recovery programs include marital or family therapy sessions. The amount or emphasis on this differs from center to center.

4.) Most alcohol treatment programs include Alcohol Anonymous meetings. Many people use AA meetings combined with other forms of treatment to recover from alcoholism.

For more information on rehab and finding help with your health and legal issues, please click here.