Category Archives: DUI Laws

Watch a Reporter Get Drunk

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After the NTSB suggested the United States change the legal drinking limit from .08 to .05, a local reporter decided to see how alcohol, even below the current legal limit, could affect her driving.

Yesterday, the National Transportation Safety Board recommended to the United States that it change its legal drinking limit from .08 percent blood alcohol content to .05 percent. According to statistics, the NTSB stated that amount of drunk drivers on the road would be cut in half. This recommendation received the support of both MADD and the Governors Highway Safety Association.

However, this recommendation did receive some criticism, especially from the American Beverage Institute. Many people believe that changing the legal limit would punish moderate drinkers. Furthermore, most DUI accidents occur when the driver has a BAC level that is significantly over the legal limit.

As a result, reporter Suzanne Phan decided to see if she could operate a vehicle with her blood alcohol concentration being at .07 percent. Watch the video here.

Though the video shows that even having a little alcohol in your system can affect your judgment, what is important to understand is that everyone absorbs alcohol differently.

The way your body absorbs alcohol is just one of the many details a DUI attorney will look into if you hire one to help with your drunk driving case.

If you’ve been arrested for a DUI, it is imperative that you find a DUI lawyer right away. Let 1800DUILaws.com help. You’ll be glad you did!

New North Dakota DUI Laws

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A new bill has been signed into law in North Dakota that will likely affect all drivers arrested for a DUI after August 1st of this year. Governor Jack Dalrymple has signed into law House Bill 1302 which calls for harsher penalties for DUI offenders, especially for first-time DUI offenders.

Here are some the new DUI laws that will affect many North Dakota drivers.

Aggravated DUI: If you’re arrested for a DUI and your BAC was .16 % or higher, your charges will increase to an offense that will now be known as an aggravated DUI. If you are convicted of an aggravated DUI, you will have to spend 2 days in jail or complete community service.

Repeat Offenders: Not only will repeat offenders be required to face jail time, they will also be required to enroll in a 24/7 sobriety program.

Class A Felony: If a DUI results in the death of another, the DUI will be considered a Class A Felony. The offender will be required to serve 3 to 20 years in prison, depending on the nature of the crime.

Class C Felony: If injury resulted from a DUI, the offender will be facing a Class C Felony. He or she could face up to 2 years in jail if found guilty.

Obviously these laws may prove to be effective in keeping the roads safer in North Dakota and reduce the amount of repeat DUI offenders. However, it also means that more patrols and DUI checkpoints may take place throughout the state. It is important to understand that more police will be on the road, scouting for drunk drivers. Be careful, North Dakota!

While it is integral that you should never drink and drive, it is important for North Dakota drivers to understand that the judicial process can be very complex. If you get arrested for drinking and driving in North Dakota, don’t go into court alone. Hire an experienced DUI attorney and fight your charges.

Now that the penalties have increased, a DUI conviction can be very detrimental to your life. A DUI attorney understands what is at stake for you and will fight maintain your privileges and help you avoid jail.

If you’ve been arrested for a DUI, contact a DUI attorney today!

AZ DUI Cases Affected by Old Breath Test Software

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In Scottsdale, AZ, almost a dozen DUI cases could be dismissed due to the police station’s use of faulty breath test machines.

Apparently, the Scottsdale Police lab has been using older software with their newer breath test machine. However, the older software was found to be incompatible with the new breath test machine. It recorded false results.

Furthermore, the new breath test machine was using this software since 2009. That means Scottsdale DUI cases that have taken place for the past 4 years will be called into question.

Remember, breath test machines are not the most accurate way to determine your BAC. In fact, 1 800 DUI Laws attorney Harley Wagner proved just that in his home state of West Virginia. You can read more about it here.

Faulty breath machines are just one of the many ways you may still have a case. You don’t have to be hopeless after a DUI. The only way to most effectively comb through the details of your DUI arrest is to hire an experienced DUI attorney.

If you are unsure where to find one, 1800DUILaws.com can help you! Just fill out this simple form and we’ll put you in touch with a lawyer who has handled DUI cases exactly like yours. Best of luck and remember, don’t go into court alone!

Nebraska Mayor Arrested for DUI

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The Mayor of Grand Island, Nebraska was arrested on suspicion of drunken driving on Saturday evening. Mayor Jay Vavricek was stopped after a local Nebraska citizen called in a tip about a drunk driver, with a vehicle description and license plate number that matched Vavricek’s.

Vavricek is awaiting the results of a blood test, but said in a statement that he was embarrassed by his own actions, and apologized ot his family, and the community. He also said he would take preventative action to be sure this incident did not repeat itself.

The Mayor has faced a tumultuous year in office, he was given a censure and a public reprimand by the city council, as they clashed over the resignation of a city administrator. He was also the target of a recall campaign, but the campaign organizer was unable to fulfill the signature requirements.

If convicted of the DUI, Vavricek faces a mandatory minimum of 7 days in jail, 6 months license revocation, a $500 fine, and other punishments.

Fullerton Police Using State Grants to Stop Drunk Driving

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Police in Fullerton, CA are using state grants to help fight against drunk driving. So far, in 2013, there have been 121 DUI arrests in Fullerton, and since 2009 there have been 14 motor-vehicle deaths, seven of those were alcohol related. The Police have admitted the city has a bar problem, and now they’re doing something to fight back against it.

The department will be using two grants, one for $146,222, the other for $50,000, to reduce the number of drunk driving incidents. The grants have allowed the department to implement 35 saturation patrols, where a pair of officers patrols the popular downtown destination for suspected drunk drivers. They have also staged one sobriety checkpoint, and four more are planned throughout the year.

They are also running undercover operations at court houses, where officers are following drivers with suspended licenses to the parking lot. Most of the drivers have had alternate transportation, but some unlucky residents have gotten into their cars and driven away, only to get pulled over and cited for driving without a license.

Drunk driving has been a problem in Fullerton, with the number of bars (47), and the close proximity of two college campuses. The grants will help fund different operations to help prevent drunk driving, as well as pay for overtime for the police officers.

Washington Councilman Takes DUI Plea Deal

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A City Councilman in Tacoma, Washington who was accused of driving under the influence will be able to avoid a criminal record with a plea deal. Kitsap County prosecutors agreed to the deal that will allow him to avoid the criminal record as long as he stays out of trouble, and follows other guidelines of the plea deal for the next two years.

Ryan Mello, the Tacoma City Councilman, must adhere to the following stipulations for this plea deal: maintain a valid driver’s license and insurance, attend a DUI victim’s panel, seek chemical dependency treatment, avoid drinking and driving and complete a six-hour defensive driving course. Mello must also pay $900 in fees.

The deal is fairly standard for a first time offender, like Mello, who’s blood alcohol level was near the legal limit at the time of his arrest. According to court records, Mello has already complied with most of the conditions set forth. Mello was arrested in January, after making a series of lane changes. He admitted to having a rum and Coke, and a glass of wine.

Snow Leads to DUI Conviction

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January27,2011DrivingWithLicensePlateCoveredBySnowAndStickersInBackWindow

 

A DUI conviction that followed an arrest in January of 2011, was upheld in Montana last week. Mark Haldane, a Montana resident, was arrested after a police officer stopped him because snow was obstructing his view of the license plate. All of the license and registration information on the car was current, as it had just been purchased a few days earlier. After approaching the vehicle, the officer noticed that Haldane was intoxicated.

After his conviction in February of 2012, Haldane filed an appeal saying the officer had no cause for pulling him over, and that the snow covering the license plate was not sufficient. The Montana Supreme Court disagreed with Haldane, saying state law allows for the seizure of a private citizen based on merely a partial obstruction.

The Supreme Court did order for a new sentence after finding that the district court had handed down the highest penalty. He was originally sentenced to six months in jail, and ordering fines of $935. While this appeal did not vacate his conviction entirely, at least he was able to get his punishment lessened.

Phony DUI Arrests at Heart of State Trooper Lawsuit

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A Utah State Trooper is facing a lawsuit after 10 years of record setting arrest numbers. Lisa Steed built a reputation as an excellent officer, with a flair for finding drunken motorists. One supervisor even referred to it as an uncanny ability.

As it turns out, those abilities may not have been so much uncanny, as they were unrealistic. Steed and her former superiors are facing a lawsuit that alleges she filed falsified DUI reports. Those she arrested have said the arrests were disruptive and costly.

One man, Michael Choate, was stopped because he was wearing a Halloween costume, and Steed arrested him even though three breathalyzers showed no evidence of alcohol in his system. Choate took four days off of work to fight his DUI charges. They were ultimately dismissed, but he spent $3,800 on DUI attorneys in the process.

Steed was added to the DUI squad in 2009, and she garnered 400 DUI arrests that year. Those arrests were thought to be a state record, until recent allegations, and were more than double the previous DUI arrest record. Her arrests came into question in 2010 when Sgt. Rob Nixon noted that most of her arrests were on signs of impairment of drugs. A bulk of those arrests had no signs of impairing drugs in their systems.

Those listed on the lawsuit want the entire agency removed from their positions and held responsible for the damages Steed caused.

Officer Resigns After DUI Misconduct

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A trooper from Yakima, Washington has submitted his letter of resignation after an investigation that focused on his lies, sex, and misconduct on the job. Investigators say that Travis Lamb had sex with a woman just three hours after he booked her into jail for a DUI.

The investigation determined that Lamb had not broken any laws, but had violated the official misconduct statue. The woman he had arrested earlier that day, told investigators that he showed up in his patrol car and in his uniform. Lamb was not on duty at the time, but he was on call.

Lamb said the woman acted out of jealousy after he told her he wasn’t interested in pursuing a relationship with her. The investigators decided the woman’s story was more credible, because Lamb resigned, but no charges were ever filed. Lamb admitted that resigning from his ‘dream job’ was the hardest thing he had ever done.

It is believed that this investigation had no impact on the woman’s Washington DUI case.

Tennessee Man Collects a Dozen DUIs

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Anthony McGowan

Anthony McGowan of Nashville, Tennessee, was arrested Tuesday morning for a DUI after dropping a child off at school. Police pulled him over after noticing his expired plates, and that’s when they noticed his slurred speech, and that he smelled of alcohol.

McGowan admitted to having several drinks that morning, and then told police he had just dropped a child off at school. He consented to a field sobriety test, before informing police that was on disability for back pain, and was taking his depression medication, as well as Celebrex, which is a pain medication.

McGowan’s license was revoked for being a habitual offender, any offense after four is considered habitual. . He has had eight DUI convictions since 1989, but also has three other DUI arrests, not including the arrest this week. He was taken into custody and charged with another DUI, and his bail was set at $70,000.

According to Tennessee law, penalties are substantially worse after the second offense, and can include forfeiture of the vehicle used. Any offense after the third is classified as a felony.

State Troopers Broadcast DUI Arrests on Twitter

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Washington State Troopers were so concerned about the number of DUI arrests they made this weekend; they took to Twitter to broadcast their frustrations, and try to deter people from driving under the influence. Over 55 offenders were arrested this Presidents’ Day weekend in the state of Washington.

One woman in particular was incredibly lucky, according to state troopers. Her car was airborne, following a crash on a rural road, and landed among the trees. She was trapped for hours before anyone realized her car was stuck.

“Apparently this driver is a hard learner. It’s not her first DUI. … Use a designated driver, take a taxi, call a friend, make another choice.” State Trooper Guy Gill posted on twitter following the arrest of the 29-year-old woman.

Another Washington resident was arrested after officers found him driving the wrong direction on Highway 101. That driver thought he was on a different freeway in a different part of the state.

Holiday weekends are often a time for get-togethers, barbecuing and having a few drinks. If you’re going to partake in the good times, don’t drink and drive. Take the time to plan ahead for a designated driver, or use a taxi for your drive home. DUIs are expensive, whether you fight them yourself or hire a DUI defense attorney.

Husband and Wife Arrested for DUI on Same Night

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A Connecticut woman was arrested Saturday night on suspicion of a DUI, when she arrived at Hamden police headquarters to pick up her husband who had been arrested for a DUI.

April Cassidy, a 32-year old Connecticut resident was arrested after she appeared intoxicated at the front desk of the police station. Cassidy was at headquarters because she was bailing her husband, 33-year-old Edwin Velez III, out of jail. Velez had been arrested a few hours earlier for a DUI.

Upon further investigation, police found Cassidy’s pickup truck parked in several spots reserved for police vehicles. The truck was littered with empty beer cans and wine bottles. Her husband was arrested earlier in the evening after police found his car crashed into a snow bank. The car was empty, but the engine was still running. Officers found him at his home nearby, and Velez failed a sobriety test, with his BAC almost three times the legal limit.

Both husband and wife have been charged with DUI, and will appear in a Connecticut court room on February 22. Velez is also being charged with risk of injury to a minor, the couple’s five-year-old daughter was in the car with him when he crashed into the snow bank.

Colorado University Student Arrested for DUI after Police Chase

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Jennifer Greer (Photo: Boulder Police Department)

Jennifer Greer, a 22-year-old Colorado University student, was arrested Monday morning after leading police on a chase that ended in a crash on the U.S. 36. Greer is suspected of driving drunk, and she has been arrested two previous times for DUI.

A campus police officer tried to wave her down when he saw her driving on the sidewalk with two flat tires. She continued driving, and the officer followed the tire tracks in the snow on the ground. The officer noticed she had been driving on the lawn as well.

Another police officer saw Greer a short time later and attempted to pull her over. Greer refused to stop and sped up to 60 mph on the eastbound 36. The officer, at that point, decided to cease his pursuit because of poor weather conditions and public safety concerns, according to the campus police spokesperson Ryan Huff.

Within seconds, the officer saw Greer’s car had lost a tire and collided with the median on the highway. Greer was not injured during the collision. The officer then arrested and charged Greer with felony vehicular eluding, driving under the influence, and several other traffic violations.

Colorado DUIs currently face a maximum punishment of one year in jail, a $1,000 fine, 96 hours of public service, and an alcohol education course, along with other punishments. The DUI offender must also abstain from alcohol for a year.

Florida Man Arrested for DUI Inside Wal-Mart

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Police in Brooksville, Florida say a man they arrested Sunday night was driving under the influence inside a local Wal-Mart. Employees at store called the police to report the incident. Police arrived to find Timothy Carr operating a motorized shopping cart while consuming and alcoholic beverage he took from a Wal-Mart shelf. Carr was also bumping into shelves and knocking items onto the floor.

When police approached him, Carr admitted that he did not have money to pay for the beverage he had taken from the shelf. Carr was arrested, and it was discovered that he had two prior convictions for retail theft. He is being held on $2,150 bond at the Hernando County Jail.

This is not the first time someone has been arrested for operating a motorized form of transportation. In 2012, a man was arrested for driving a Zamboni while intoxicated. Also, in 2009, an Ohio man was arrested for driving a motorized bar stool. In Minnesota though, a man was convicted of a DUI while he was riding his Segway, but that decision was recently overturned. If you need help fighting a DUI, a lawyer who specializes in DUIs can help you with your case!

Designated Driver Arrested for DUI

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Ram Ride an ASCSU Program

Most people assume that when they have a designated driver, they’ll have a safe ride home. Well, at Colorado State University, where the Associated Students run a designated driver program called RamRide, one of those designated drivers has been arrested for a DUI.

The Rocky Mountain Collegian has reported that campus police arrested the driver around 2 a.m. Friday morning. Only the driver and an additional volunteer were in the car at the time of the arrest. The driver faces charges of speeding, driving under the influence of liquor, and possession of marijuana and drug paraphernalia. The driver is a student at Colorado State University.

The RamRide website says it provides “safe, non-judgmental rides for Colorado State University’s students with the goal of improving the safety of the Fort Collins community.” It is always best to plan ahead for a designated driver, but be sure your designated driver is being safe also. In Colorado, the driver faces a maximum punishment of one year in jail, a $1,000 fine, 96 hours of public service, among other penalties.

Woman Arrested for DUI after Chase through Rhode Island

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A woman in Rhode Island was in court today after leading police on a chase that spanned four separate cities. Stephanie Banville, a 21-year-old resident of Rhode Island, ran from police for about 30 minutes before finally coming to a stop in Providence.

Just before 7:30 p.m., officers pulled Banville over for suspected driving. Instead of cooperating with the police, Banville sped off, trying to evade police. Officers followed her through Warwick, and then in to Cranston, and North Providence, before finally coming to a halt in Providence. An eyewitness to the end of the chase said the police were able to box her in around 8:00 p.m.

Banville was driving on a suspended license, and is serving a three-year probation for leaving the scene of an accident where there were injuries. There were no injuries in the chase, and it never reached high speeds. Banville is being charged with reckless driving, driving on a suspended license, and driving under the influence. Rode Island OUI punishments include fines, jail time, community service, alcohol education, among other things.

Trooper Back on the Job After DUI Conviction

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Ohio resident Tiffany Wilson is back on the job as a State Highway Patrol trooper after an arbitrator ruled that firing her was a severe punishment for a first-time DUI offender. Wilson was arrested in February of 2012, driving home from an off-duty party where she drank three beers and took as many as five shots. Wilson was also driving 100 mph at the time of her arrest.

The arbitrator ruled that Wilson be reinstated to her position, including back pay. The back pay would not include the 90-day unpaid suspension she would have served. The troopers union argued that Wilson had already paid enough following her DUI, where she blew a .16 on her breathalyzer test. Wilson, after being convicted, paid a $577 fine, and a license reinstatement fee of $475. She also attended a three day driver intervention course, that cost her $275, and she was also responsible for her $5000 attorney fees.

The arbitrator ruled that Wilson could return to work, but would work under a “last-chance” agreement, and can be fired for any work violation. Wilson must also submit to random drug and alcohol testing, at her expense. The arbitrator also added that Wilson was to be reinstated because her termination was inconsistent with the punishments of other troopers who had received DUIs. Wilson’s punishment was steeper because just two days before her DUI, the patrol implemented a zero-tolerance policy for DUI convictions. The troopers’ union was entitled to a two week notice, so the change was invalid in Wilson’s case.

If you are in jeopardy of losing your job because you received a DUI, an attorney who specializes in DUI cases may be able to help you. Contact one today for help in your case.

 

Alabama Man Steals Ambulance to Avoid DUI

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Matthew Todd

An Alabama man led police on a pursuit, and escaped, after being arrested for a DUI. 24-year-old Matthew Todd was arrested for a DUI, and was then taken to an area hospital for the injuries he sustained during the first crash. While waiting for a hospital room, Todd convinced the hospital workers to allow him to go outside for a cigarette. Once he was outside, he abandoned the cigarette and hopped into an already running ambulance in front of the hospital.

Todd was unable to get the ambulance very far, so he entered a nearby barn and attempted to saddle two horses. When his second plan didn’t pan out, he stole an SUV and tried to drive home. Instead, he crashed the SUV, totaling it in the process. After that he found an additional car, and this time was able to drive himself home.

The next morning, Todd returned to the emergency room to have his wounds from the first crash tended to. Hospital employees recognized him as ‘the man who tried to steal their ambulance,’ and called the authorities. Todd was arrested again for his DUI, and is now also charged with his series of getaway attempts. He is going to need a very good DUI attorney to help him try to avoid jail.

Dauphin County Throws Out Breathalyzer Tests in DUI

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Earlier this month, a Dauphin County judge ruled that breathalyzer tests cannot be used to prosecute the state’s highest level of DUI impairment. The ruling stems from a challenge that was filed by Pennsylvania attorney Justin McShane, on behalf of his client Jason Schildt. Schildt was charged with the highest level DUI after a crash in 2010.

Judge Lawrence F. Clark, Jr. ruled that blood-alcohol readings that are over .15, on the much-used Intoxilyzer 5000EN, cannot be trusted. The results are seen as high questionable because the machines are not properly calibrated to give accurate readings on any level. Also, the calibration performed does not follow state protocol.

The Pennsylvania District Attorney’s office has asked the Supreme Court to overturn this ruling, but in the meantime Schildt and almost 20 other highest level DUI cases have been overturned. Currently the ruling is only for Dauphin County, but in bringing it to the Supreme Court opens up the possibility that many more cases will be overturned. McShane contests that the ruling calls thousands of DUI convictions, in the state of Pennsylvania, into question. He states that almost 13,000 highest level DUIs were issued in 2011, and about 70% of those convictions relied heavily on breathalyzer tests.

Currently in the state of Pennsylvania, a highest level DUI, with a blood alcohol level of .16 or higher, faces a number of penalties. Those penalties include a fine of up to $5,000, no less than 72 hours in jail, license suspension, and up to 150 hours of community service.

Wisconsin Police Officer Issued DUI

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A police officer in Racine, Wisconsin was caught in a DUI checkpoint, along with 25 other suspected drunken driving offenders. Officer Keino Turner was stopped around 8:30 p.m. and registered a .16 BAC, twice the state limit.

The officer was issued a citation for his first drunken driving offense, and citations for having a blood alcohol level over .15, and for deviating from his designated lane. The city police department was notified that he was stopped by the Milwaukee Sheriff’s Department. The officer has been removed active patrol and placed on administrative duty until Racine Police can confirm additional details.

Wisconsin DUI penalties can include a fine of up $655, and a license revocation for six to nine months.