Monthly Archives: October 2010

Halloween DUI Checkpoints

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There are going to be plenty to DUI checkpoints this weekend. Don’t get spooked. Make sure to stay safe to keep this weekend a treat!

California

San Bernardino county
Roving patrols Saturday and Sunday

Redondo Beach
Roving Patrols
Checkpoint in undisclosed location from 8 pm tonight until 3 am

Manhattan Beach
Checkpoint 9 pm tonight until 3 am
East bound lanes of Rosecrans Ave at Redondo Ave
DUI Saturation Patrols in Harbor Area from 2 to 10pm on Sunday

Costa Mesa
Checkpoint 8pm tonight until 2 am
Newport Blvd and Flower Street

Ohio

Hamilton County
8 pm tonight until midnight
Central Parkway near Marshall Avenue, along border of Camp Washington and University Heights
Two checkpoints will be held in Blue Ash Saturday night.

Butler County
10 pm tonight until 4 am
Checkpoint Hamilton on State Route 4

Columbus
Entire Weekend
Roving Patrols throughout area, Highway Patrol will have visible presence on state’s highways

Delaware

Newton Township
Saturday
Checkpoint within Newtown Township

Washington

“Surround the Sound” DUI Campaign all weekend
Weekend patrols in Clallam, Jefferson, King, Kitsap, Masaon, Pierce, Skagit, Snohomish, Thurston, and Whatcom Counties

Florida

Tamarac
Checkpoint begins tonight until 3 am
3600 W. Commercial Blvd

Pennsylvania

Harrisburg
PennDOT along with state and municipal police departments will step up enforcement this weekend, particularly for drivers under the influence of drugs.

Drunk in Public – Halloween Edition

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If you intelligently take my advice in yesterday’s post and decide not to drive this Halloween, you should know that you can still get in trouble for public intoxication. Since Halloween is a holiday where more people want to parade their costumes around in public, it is important to understand what can happen if you were to get arrested for being drunk in public.

We’ve all seen that one drunken person stumbling around or have even been that one person. We all understand that personal safety is in danger when you are inebriated in a public place. However, in many states there are also legal consequences.

In order to be arrested for public intoxication, the police must deem you a danger to yourself and others. If your drunken antics prevent people from entering any public street, sidewalk, or passageway, you will be arrested.

Because of the nature of public intoxications laws, the specifics vary from state to state. In fact, there are a few states that technically do not even have a public intoxication law (Missouri, Nevada, and Wisconsin.) However, in a majority of states, getting arrested for public intoxication is often classified as a misdemeanor. Some of the consequences include jail time and fines that are often up to $1,000.

If you are arrested and charged for public intoxication, it is still important that you hire a lawyer. A charge for public intoxication may seem like an open and shut case, but there are many details that you may miss if you head to court without representation.

With this information stored in your noggin, I hope you all have a very Happy Halloween. Check back tomorrow for sobriety checkpoints that will be occurring in your area. Be prepared for heavy patrols this weekend.

Don't Get Pulled Over This Halloween

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Whether we like it or not, drinking is a major part of a lot holidays other than St. Patrick’s Day. Since Halloween is on a weekend this year, the temptation to drink is probably stronger than the temptation to eat candy corn. After all, this website isn’t called 1 800 Candy Laws.

I firmly believe that Halloween is the most important holiday to avoid getting arrested for a DUI. Why? Who wants to have a mugshot of themselves, let alone a mugshot of themselves dressed as Snooki or an Avatar? Even if you try to eloquently argue with a cop, no one will take you seriously if you’re wearing a Lady Gaga wig.

Witty commentary aside, like any other day of the year, it is important to stay safe and act smart when you’re out. Let’s not take any chances this Halloween.

Have a trusted friend be a designated driver. Be sure that you have the phone number of a taxi saved in your phone, just in case. Also remember that many services such as AAA have sober shuttles that can take you home for free. Be sure to research those services before you head out and have their contact information saved in your phone.

As always, if you do get arrested this weekend or any other time, be sure to find a lawyer as soon as you can.

Possible Halloween Costume?

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DUI Arrests for 2 College Football Stars

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The past two days seemed to get a little out of hand for a few college football stars. Oklahoma State wide receiver, Justin Blackmon was arrested early this morning on a Dallas highway. Since Blackmon is under 21, he was arrested for having any trace of alcohol in his system and not because he was above the legal limit.

Over at the University of Kentucky, wide receiver Matt Roark received a DUI early Sunday, along with a violation of failing to maintain his car insurance. Roark will be suspended for one game and his arraignment is to take place on Friday.

Sobriety Checkpoints in Delaware, Indiana, and More

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Here are some weekend checkpoints that are happening near you! If you were to get pulled over, be sure this read this article.

Friday

Tennessee
8pm to 10 pm.
Checkpoint on U.S. 129 at Old Railroad Bed Road, Foothills Parkway about four miles from U.S.129 Calderwood Highway and on U.S. 411 at U.S. 129.

Indiana – Monroe County
Friday evening into Saturday
Undisclosed location

Kansas – Wichita
Friday evening into Saturday
checkpoint on Kellogg / U.S. 54

Massachusetts- Middlesex County
Friday Evening
Checkpoint on a Secondary State Highway

Delaware – Newark
* Newark (NcCo DUI Task Force) – Checkpoint
* Woodside (DSP Troop 3)- Checkpoint
* Seaford (Seaford PD) – Patrols

Saturday

Delware – Georgetown
* Georgetown – Checkpoint
* Bear (DSP Troop 9) – Checkpoint
* Smyrna (Smyrna PD) – Patrols
* Millsboro (Millsboro PD)- Patrols

Your First DUI

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I hate using the term “your first DUI” because it sounds like we all think you’re going to get DUIs on a regular basis for the rest of your life. From what we’ve seen around here, that is definitely not the case.

It is true that a lot of people only get one DUI and learn from their mistakes and become more responsible drivers. Furthermore, we may also know a person who may have had one incident with the law and continues to live a normal life as if it never happened.

However, DUIs do take a toll on your life. Even if you’ve only been arrested once, you can risk dealing with very serious consequences. A DUI is not something to put behind you by pleading guilty and not fighting your charges. If you do this, you could lose a lot of money, your license, and the freedom to carry out your daily responsibilities.

In many states, you can go to jail, lose your license, pay expensive fines, perform community service, and attend alcohol education classes for a one-time DUI arrest. Additionally, many states are requiring first-time DUI offenders to install an ignition interlock device in their car. These consequences are extremely grave, even just for one DUI arrest.

This is why it is so important to hire a lawyer to help fight your charges. You may learn that you have a very valid defense.

Bogus DUI Arrests and More…

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* I guess the CFO of Walgreens is going to use his employee discount online because he just lost his license. Wade Miquelon will be in court Friday to face charges for his second DUI in a little more than a year after his first arrest. Because this is his second offense, he could lose his license for up to three years.

* The state of Utah has ranked number one in having the lowest amount of DUI-related fatalities. The Utah Commission on Criminal and Juvenile Justice put out a report that stated only 16.4 percent of traffic deaths were alcohol related. The national average of alcohol-related traffic deaths is 32.1 percent. The report noted that the number of DUI arrests dropped, as well. However, this number may have dropped due to budgetary issues and not necessarily an increase of sober drivers.

* Talk about an awkward Thanksgiving this year! It is one thing to be charged for a DUI, but when your own mother charges you for stealing her car, a sticky situation just gets stickier. However, this is the case with Josefina Garcia, a Las Vegas mother, who is pressing charges against her own daughter for taking her car keys and going for a joyride.

Lowering the Legal Limit

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This weekend, Time had an article about lowering the legal drinking limit. They profiled people in Sweden, where the legal limit is .02. Currently, the legal limit in the United States is .08. According to the article, the number of drunk driving fatalities in Sweden drastically declined.

So, the question remains: Should our state governments lower the BAC limit? Would a lower legal limit encourage people to not get behind the wheel and find a safer way to get home?

Or do you believe lowering the legal limit is unfair? Do you believe that some drivers can function quite well after a few drinks and they shouldn’t be barred from driving themselves home if they are able to?

Now is the time to state your opinion. Take the survey!

Delaware DUI Taskforce and More DUI Checkpoints in Your Area, October 15, 2010

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Friday

Delaware
*Checkpoint in Wilmington – undisclosed time and exact location
* Saturation Patrols in Smyrna, Milford, and Clayton

Ohio
* Checkpoint in Franklin County – S. High Street, north of Greenlawn Avenue

Florida
* Cape Coral Area – Lee County- undisclosed time and exact location

North Dakota
* Bismarck Area – checkpoint in Morton County – undisclosed time and exact location

Saturday

Delaware
* Saturation patrols in Camden and Laurel counties

Things to Remember During and After Your DUI Arrest

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During the Arrest:

* Stay calm and be polite.

* Remember your rights. You are not required to take a field sobriety test and you do not have to answer any other questions other than stating your name.

* You are required to hand the officer your license, registration and proof of insurance.

* You must take a BAC test. Request a blood test, if possible.

After the Arrest:

* Begin looking for a lawyer right away. Hire one as soon as you can.

* Schedule your DMV hearing immediately. In many states if you fail to schedule your hearing within a couple of days, you will lose your license regardless of the outcome of your trial.

* Know your court dates. Do not miss them.

* Stay up to date on DUI news and laws. You may find that there has been an update in your state’s DUI laws or technology. The most important information you’ll find is that there are a lot of people going through the same process as you. Even though you’ve hired a lawyer, knowing as much as possible about the judicial process will help you from feeling in the dark about your DUI trial.

For news and information that can help you out, please join our Facebook page or follow us on Twitter.

Embarrassing DUIs

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Driving Under the Influence of Drugs

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Since we focus so much on drinking and driving in this blog, we sometimes forget that driving under the influence of drugs is a prevalent problem and equally or even more life-shattering. StopDruggedDriving.org even indicates that more people who drive while impaired are under the influence of drugs, rather than alcohol.

As we provide people with information on drinking and driving, we want to devote this post to providing information on drugged driving.

A charge for driving under the influence of drugs (also known as DUID) is a similar to a DUI. You are required to take a blood test and are asked to perform a field sobriety test. The punishment for a DUID is similar to a DUI, which includes jail time, fines, rehabilitation, and random drug testing. However, there are often no alternative sentencing programs for a DUID conviction.

During your DUID trial, there is often a testimony by a DRE, or Drug Recognition Expert. A DRE is a police officer who has had special training in the area of testing for drugs. He or she is the most qualified to determine if you had drugs in your system during your time of arrest.

One of the most important things to remember about DUID laws is the “per se” law. If you were to get pulled over and an officer sees drugs in your possession, the per se law presumes that you have driven while under the influence of drugs. Even if you are not under the influence but are in possession of drugs, you will be charged for a DUID.

The most common drugs used or found at DUID arrests are marijuana and cocaine. However, it is important to remember that in some states you can still get a DUID under the influence of legal, even over-the-counter, drugs. There have been cases of people getting charged with driving under the influence of drugs while taking cold medicine.

A lot of people take precautions to ensure they do not get behind the wheel after drinking. The same precautions should be taken when it comes to drug use, as well.

DUI Checkpoints – October 8th through the 10th

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Friday

California – Sherman Oaks
8 p.m to 2 a.m.
Ventura Boulevard between Columbus Avenue and Noble Avenue

West Virginia – Charleston
6 pm to midnight
2600 block of Kanawha Boulevard

New Jersey – Monmouth County
11 pm to 3 am
Route 35 South

Saturday

California – Escondido
6 pm to 1 am
Undisclosed location

There are many Oktoberfest celebrations (okay, boozefests) happening this weekend. For tips on how to have fun while staying safe, read this post!

Celebrating Oktoberfest

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There are many regions in the United States that celebrate Oktoberfest. Whereas many people think Oktoberfest is a place to get crazy drunk, it actually originates as a horse race in Munich that celebrated the marriage of Prince Ludwig and Princess Therese. (Now, there’s a fact you’ll probably forget when drunk.) It later became a festival to celebrate Bavarian culture, and a mainstay of that culture, as we all know, includes hearty food (sausage) and beer.

Since the only safety threat of having too much sausage is indigestion (that’s what she said. Sorry, I had to…), I want to discuss ways to stay safe if you’re going to be drinking at your local Oktoberfest.

Call a taxi. Even if you are the designated driver and decide not to drink, have the phone number of a taxi service in your cellphone just in case. I always think it’s a good idea to have the number for a taxi in your phone. That way, you don’t need to scramble to find a number while drunk or you can help someone else who needs a ride.

Drink in moderation. I’m sure you’ll see an endless amount of tents and vendors offering you to try their one-of-a-kind beer. Ask for it in a smaller cup or have a sip of a friend’s beer. Don’t feel obligated (or inclined) to have a full pint at every tent. It also might be physically impossible, but what do I know?

Don’t forget your non-alcoholic options. The other week, I created a list of the best non-alcoholic beers. Seek those out.

Calculate your blood alcohol content. Many phones have access to a BAC calculator on their phone, and it also might be good to know how many drinks you can have before you head over to the festival.

Call a lawyer. If you underestimate the amount you had to drink and do find yourself getting pulled over, don’t forget about the tips I provided on what to do if you get arrested. Be sure to hire a lawyer as soon as possible to save your driver’s license and fight your charges.

Common Places for DUI Arrests

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Since we deal with so many people who are having trouble with a DUI every day, we notice a lot of similarities between many people’s experiences.

One thing a lot of incidents have in common is the location of the arrest or, unfortunately, the accident. We’ve provided a list of some of the most common places DUI arrests have occurred. Please note that this is not a list of places to avoid. After all, you shouldn’t be driving drunk in the first place.

1. The Obvious One – Bars


Yes, a lot of DUI arrests occur within the vicinity of bars and especially near a cluster of bars. (Think touristy areas in cities.)

2. No Parking Zones

Many times a police officer will see a car parked on the side of the road or on a lot that is closed to public parking. Even if you’re sitting in the car, the officer is allowed to infer that you’ve been drinking and driving if they detect alcohol.

3. One-Way Streets

There have been so many DUI arrests made due to a person going down a one-way street. I understand its appeal. It is a faster route and maybe the police won’t be around this time. So many people take this risk and end up getting pulled over. However, they also end up in way more trouble than they think if they’ve been drinking. Don’t take shortcuts.

4. Drive-Thrus

I’ve read plenty of news stories where a drunk driver pulls up to a drive-thru and passes out while ordering a combo meal. Not a good move.

5. Highways

Highways have their own patrol unit which makes it more likely for you to get pulled over. They also have tollbooth workers, plus more drivers on the road, which means that more people are likely to notify the police of erratic driving.

Silly DUI Charges – October 5, 2010

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* After Rebecca provided a list of DUIs not in cars, we received news that yet another man received a DUI on his lawnmower. When will people get it in their head that it is safer to have an ugly lawn than mow it drunk?

* Police responded to a report of a trespasser to discover it was an intoxicated Power Ranger. Unfortunately, this incident is not part of a very special episode of the Power Rangers teaching children about the dangers of alcohol.

* A man who was wearing a T-shirt that read “I have a Drinking Problem” got pulled over for a DUI because he has a drinking problem.

* To avoid getting arrested for a DUI, an elderly woman bribed police officers with a grilled cheese sandwich. However, her recipe for a grilled cheese sandwich is Peach Schnapps mixed with Peach Schnapps.

What is An Ignition Interlock?

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If you have been arrested for a DUI, you may need to install an ignition interlock in your car as part of your punishment.

An ignition interlock is installed in the steering column of your car. In order to start your car, you must blow into the device and if the device detects alcohol, your car will not start. Additionally, you will be required to take rolling re-tests while on the road. The device itself looks no bigger than a cellphone.

It is an offense to tamper with the device or get someone else to blow in the interlock for you. In fact, many interlocks will soon come with a camera to ensure the correct person is utilizing the device. Furthermore, if you fail to install the device and get pulled over again, you can find yourself in a serious amount of trouble.

While many people find interlocks to be a bit of a nuisance when they’re on the go, at the end of the day, they are lucky to be able to drive. Not being able to drive tends to be a bigger hassle. With an ignition interlock, you can fulfill your sentence and learn to be more responsible on the road while still being able to carry on with your life.

A company that makes ignition interlocks, Smart Start, has just launched a few new state-based ignition interlock sites. If you live in Oregon, California, New York, New Jersey, Connecticut or Rhode Island, be sure to check out how you can find an interlock in your state and the specificities of your states’ interlock laws.