Tuesday, October 09, 2007

Drunk Driving DUI Poem

Drunk Driving: DUI or DWI it doesn’t matter

You know it’s a problem to drink and drive. Drinking and driving is the most frequently committed crime. 115 people a day die from car accidents. Of that, 47 had been drinking. Most of the accidents occur between midnight and 3 am. 43% of the fatal accidents of drunk drivers happen on the weekend. Holidays always play an important role, too. New Year’s Day is number one at 67%. Fortunately, cars are getting safer and the statistics are slowing from early 1960’s levels.

You don’t have to be “drunk” to impair your driving skills. Most don’t appear “drunk” when they get behind the wheel. You have to allow time to “sober up” after drinking if you have to drive. Normally, it takes your body one hour to allow your body to metabolize the alcohol of one drink.

What about driving? Do you have to be behind the wheel? Some states are very specific about actually driving. Some states use the term “operating” which can mean sitting in the front seat fiddling with the radio. Other states are stricter in identifying you as being able to operate the vehicle, even though you aren’t driving or even have the engine running. And driving isn’t just limited to a car. Most states use the term “motor vehicle”. This refers to any vehicle with a motor – motorcycles, boats, and some states even include bikes and horses. A horse?

If you actually want to drink and drive, where can you drive? You can’t drive on any public road or even private land if it puts the public in harm’s way. Literally, most laws say “in the state” and that, my friends, means anywhere inside the state lines, private or otherwise.

Your lawyer doesn’t have to prove intent, either, as in most criminal cases. If you had a general intent to drink, then drove, then you are done. Driving after you have been drinking shows you had intent.

Its simple folks, if you drink don’t drive. And if you are the driver, don’t drink.

Stuart Simpson, Of course, none of this is to replace you speaking with an attorney if you are needing advice about a dui or dwi. Laws vary from state to state. http://www.dwi-dui-attorney.com.

Labels: , , , ,

Got a DUI/DWI Serenade


What Happens When a Pilot gets a DUI/DWI?

Your worst nightmare as a pilot – a DUI. Will this end your career as a pilot? What if you are the lawyer representing a pilot? Is this a simple DUI case or will it end your law career with a malpractice lawsuit? I know these questions can light up your eyes to why a pilot is different when they get a DUI.

First, pilot or not, you have to follow your state laws. Keep in mind your time frame for appeals or administrative hearings. You could probably get your driver’s license back under an occupational license during your suspension. Even if its your first offense, you better be on your toes if you want to keep flying.

Second, pilots fall under another set of rules from the FAA. They are the FARS (Federal Aviation Regulations). Do you have to report to the FAA now or later? Can I just put it on my FAA First Class Medical Certificate? Can I just call the CFI (certified flight instructor) at the local FAA office FSDO (Flight Standards District Office)?

Your most important resource (lawyer or pilot) is Section 61.15 of the FARS. Section (e) states that you must report “not later than 60 days after the motor vehicle action”. It lists the things you must submit to the FAA, Civil Action Security Division in Oklahoma City, not your local FSDO. This is very serious as section (f) states “Failure to comply with paragraph (e) of this section is grounds for . . .(2) Suspension or revocation of any certificate, rating, or authorization issued under this part.”

In summary, what do you do? If you are convicted of a DUI/DWI, it must be reported on your medical application. You also have to notify the FAA in Oklahoma City within 60 days of the conviction. Do NOT contact the local FSDO, as this is NOT incompliance with the FARS. Do this quick or face a suspension for a non-reporting violation.

Drinking and Driving is bad. Drinking and flying is worse. Both can end careers, lives and marriages. They can even take innocent victims. Also, if you have two separate incidents within a 3-year period, then the FAA can deny an application or revoke/suspend a pilot’s license. You can avoid all of this by not drinking and driving.

Stuart Simpson collects information on DUI and DWI at: http://www.dwi-dui-attorney.com.

Labels: , , , ,

DWI Dangerous Opus

DWI: Its Dangers And Consequences

You've heard it all before. Don't drink and drive. Everyday, hundreds of people get into car accidents resulting from drunk driving. Driving While Intoxicated (DWI) is a crime. DWI laws are strictly enforced various states. DWI penalties include loss of driving privileges, fines and possible jail time. Any amount of drinking will affect your judgment and coordination and will reduce your ability to safely operate a vehicle. The degree of impairment depends on five factors: 1.) the amount you drink; 2.) whether you've eaten before or while drinking; 3.) your body weight; 4.) length of time spent drinking and; 5.) your gender. There is no quick way to 'sober up', except to wait for your body to metabolize the alcohol. The average metabolism rate is about one drink per hour.

DWI can also result from taking drugs. Drug possession is a grave offense under the law and an accompanying DWI will mean more trouble for the offender. Most often DWI offenders take drugs to stay awake and operate the vehicle. However, these drugs can also cloud your judgment, such as estimating distance and speed, which puts your life and the pedestrians in danger.

Many people caught for DWI have tried to evade the police by convincing them that they are not intoxicated. Here are the top three DWI myths and the truth behind them:

Myth 1: "Alcohol on the breath" is a reliable sign of alcohol consumption and intoxication.
Fact: Alcohol is actually odorless.... it has no smell. What people perceive as alcohol on the breath is actually the odor of things commonly found in alcoholic beverages. The breath of a person who drinks a non-alcoholic beer will smell the same as that of a person who has consumed an alcoholic beer.

Myth 2: People who abstain from alcohol are "alcohol-free" and can't be arrested for DWI.
Fact: The human body produces its own supply of alcohol naturally on a continuous basis, 24 hours a day, seven days a week. It's called endogenous ethanol production. Therefore, we always have alcohol in our bodies and in some cases people produce enough to become legally intoxicated and arrested for DWI.

Myth 3: Breathalyzers and other breath testers used for DWI confirmation are accurate
Fact: There are many, many sources of error in breath testers.

Penalties on DWI offense are serious. You may even have to go jail with maximum time of seven years and have your driving license revoked. DWI is serious because you are not just endangering your life but also the lives of the people around you. Not only that, you stand to pay for any damages done on state and personal property because of your DWI offense. Furthermore, if you cannot pay the said amount, it will mean additional jail time for you.

The worst DWI incident that can take place is a car accident that concerns a death on either of the parties. Such accident could result to a homicide case and may mean a prison sentence of 12 to 15, may even life depending on how many died due to your DWI recklessness.

So heed the advise given to your by anti-drunk driving organization. Do not grab the wheel and commit DWI when you've had more than a glass of alcohol to drink. If you must get home, hail a taxicab instead and leave your car with a friend. DWI can mean your death. Better be prepared than sorry in the end.

Michael Sanford, Get More vital law information that could save your life at

Labels: , , , ,

Houston DWI Discussionable Verse

Houston Lawyer, Jack Carroll, discusses facts about DWI

You thought it could never happen to you, but suddenly you find yourself in a situation that you did not expect. What do you do? Contact Texas drunk driving defense lawyers Jack Carroll or Don Becker to protect your rights! The Texas Department of Motor Vehicles can suspend your license if you refuse to take a breath test, blood test, or urine test. WARNING! You have a limited amount of time (15 days) in which to appeal this administrative license suspension.

When you have been investigate or arrested for any criminal offense such as Driving While Intoxicated (DWI), or any Felony Charge, you have an absolute right to be concerned. Facing criminal charges may be one of the most frightening things you have encountered. Some of the possible consequences that can result from a Driving While Intoxicated (DWI) conviction include the restriction or loss of a driver’s license, an increase in insurance cost, fines, court costs, and even the possibility of jail. As you can see, Driving While Intoxicated (DWI) can be a very serious charge.

The Texas law says that the District Attorney need only to prove that after drinking you were not able to drive your car in a “normal” capacity. That sounds pretty cut and dry, but it is not quite as simple as that.

You see, if challenged, the District Attorney must also show all of the following:
- That the arresting officer made the arrest properly,
- That you were properly advised of your rights,
- That the equipment the officer used to test you was working, accurately,
- Etc.

Also, the office that administered the “standard field sobriety tests” should have successfully completed the National Highway Traffic Safety Administration Standardized Field Sobriety Testing studenfst class before administering these tests. We have handled hundreds of (DWI) cases and know every trick and nuance officers use to cause you to fail. Before and at trial we will grade the officers to ensure that he or she conducted the tests properly. If the tests were not conducted properly, this can be disclosed to the District Attorney or the jury to show that the tests results were unreliable and should not be believed.

When you retain Jack or Don, not some underling, we will insist that the District Attorney provide us with the names and address of anyone he plans to call as a witness as well as copies of every written or recorded statements of their testimony. This will allow us to prepare our questions we ask them.

We will insist on receiving copies of any videos that show your sobriety tests, whether in the field or at the station.

We will insist on receiving copies of records showing that the equipment used for test was functioning properly and that the person giving the test was properly certified/

As you can see, what looks simple gets pretty complex. As your criminal defense attorney we will insist that all this information be provided and we will walk through all this information as we discuss and proceed on your case.

DRIVER LICENSE SUSPENSION – Your arrest may have included a cancellation of your Texas driving privileges for a specific period of time. YOU HAVE ONLY 15 DAYS FROM THE DATE OF YOUR ARREST TO REQUEST A HEARING ON THIS MATTER. We believe that this hearing is extremely important, not only to challenge your suspension but also as an opportunity for your attorney to question the arresting officer to find out exactly what he is going to say in court. If you retain our firm to represent you, part of that representation includes representing you at the driver license suspension. However, remember you must request this hearing no later than 15 days from your arrest so it is important that you contact us as soon as possible to schedule an appointment. If your Texas driving privileges are ultimately suspended, in most cases we can get you an Occupational License that will allow you to drive to and from work.

WARNING TEXAS DRIVER LICENSE SURCHARGE! Beginning with any Texas DWI Conviction for an offense committed on or after 09/01/03, the Texas Department If Public Safety is authorized to charge a surcharge on your Driver’s License. This charge will range from $1,000.00 to $2000.000 a year for three years. Depending on whether you provided a breath sample, and the results were positive for intoxication, you could be facing a $6,000.00 fee to keep your license.

The government with all of its resources can frequently make your life miserable; regardless of whether you have actually committed the crime. Real life criminal law is NOT like television. Cases are not resolved in one hour, and the solutions are normally not simple. Hiring a criminal defense attorney can be the most important decision you make.

Jack Carroll (Carroll and Becker), http://www.houstoncriminaldefenseattorney.net.

Labels: , , , ,

DWI, Laws and You Ode

DWI Laws and You: What You Need To Know

For many people, the act of driving while intoxicated (DWI) is one of the worst crimes that someone can commit. In reaction to that, the DWI laws are becoming tougher by the day. While there is no one set of laws that cover every state, they are somewhat similar in nature and in penalty.

Most states follow the same penalty structure, beginning with the suspension of the drivers' license. This can be done immediately if the suspected driver refuses to submit to a chemical drug or alcohol test at the time of the alleged violation. The penalty phase then moves to jail time and confiscation of the vehicle.

Some states are working on passing laws that will make a driver under the influence responsible for any type of traffic accident whether or not they were actually at fault. This would mean that if you are intoxicated and are hit by another, un-intoxicated, driver who runs a stop sign or crosses into your lane, that you would legally be at fault.

Several states, forty-two to be exact, have a condition that allows offenders that meet certain criteria to drive if their cars have been outfitted with ignition locks. These work by locking the ignition until the driver submits to an onboard breathalyzer test. If the test comes back negative, the car is allowed to start.

The laws and penalties in your state may vary. It is always wise to be aware of your local and state DWI laws and how you could be affected by them. These laws can be found on the internet for most states and by visiting your local police station.

Every state, with the exception of Massachusetts, has laws on the books that make it a crime to drive while intoxicated. This usually is defined as having a blood/alcohol level that is either above or at a predetermined level, normally 0.10. However, some states have the legal limit set lower, most of these are at 0.08 percent.

It is so important to realize how devastating the effect of driving while intoxicated can be. This crime is easily preventable by calling a taxi, a friend or by just staying home if you are going to be intoxicated. For those who don't make these types of arrangements, the DWI laws are getting tougher and law enforcement is intent on doing their job to get them off the road.

Visit http://www.dui-in-illinois.info to learn more about DUI penalties and DUI in Illinois.

Labels: , , , ,

DUI Breathalyzing Opus

5 Tips on How to Avoid a False DUI Breathalyzer Result

Let's say you had a drink or two but don't feel you are under the influence of alcohol. However, you are arrested on suspicion of drunk driving and offered the choice of taking a breath or blood test (or, in some states, urine). Most DUI suspects choose the breath test -- a choice which could doom your chances to prove your innocence. Consider the following advice when deciding which test to take:

1. If you smoke cigarettes, you may want to pass on that Breathalyzer mouthpiece the officer is handing you. Scientific research has shown that smoking can raise the test result considerably -- enough to get you charged and convicted of drunk driving. This is because most breath analyzing devices will falsely report acetaldehyde as alcohol. Acetaldehyde is a compound produced in the liver in small amounts as a by-product in the metabolism of alcohol. However, scientists have found acetaldehyde concentrations in the lungs of smokers are far greater than for non-smokers. ("Origin of Breath Acetaldehyde During Ethanol Oxidation: Effect of Long-Term Cigarette Smoking", 100 Journal of Laboratory Clinical Medicine 908). Translated: because breathalyzers can’t tell the difference between alcohol and acetaldehyde, cigarette smokers will have a higher blood-alcohol reading.

2. If you are a diabetic with possible low blood sugar, you should also avoid the breath test. A well-documented by-product of hypoglycemia (low blood sugar) is a state called ketoacidosis, which causes the production of acetone -- and acetone, like acetaldehyde, will be reported by the Brethalyzer as alcohol. In other words, the Breathalyzer will read significant levels of alcohol on a diabetic’s breath where there may be little or none. See "Diabetes, Breath Acetone and Breathalyzer Accuracy: A Case Study", 9(1) Alcohol, Drugs and Driving (1993). To make matters worse, the reactions of a person in the early stages of a diabetic attack include dizziness, blurred vision, slurred speech, weakness, loss of coordination and confusion -- the same symptoms which the patrol officer is looking for: the clear signs of a person under the influence of alcohol. And the officer's observations are quickly followed by a failing performance on DUI field sobriety tests.

3. Are you on a low-carb diet? Or had nothing to eat in quite awhile? Avoid the Breathalyzer in a DUI investigation -- for the same reasons stated in number 2. Perfectly normal, healthy individuals can experience temporary conditions of low blood sugar after consuming small amounts of alcohol, resulting in exaggerated but false symptoms of intoxication. Fasting glycemia can exist where a person has not eaten in 24 hours or has been on a low-carbohydrate diet. Production of glucose in the liver is stopped while the alcohol is broken down. Result: the blood sugar level will drop, affecting the central nervous system -- and producing symptoms of a person under the influence of alcohol and a higher breath test result.

4. If you have acid reflux or have burped or belched before taking the Breathalyzer, offer to provide a blood sample instead. The reason is that you will be breathing alcohol from your stomach into your throat and oral cavity, where it will stay for 20 minutes or so -- to be breathed directly into the breath machine. This is not a good thing. The machine's computer is multiplying the amount of alcohol in the breath sample by 2100 times to provide a reading of the alcohol in the blood. This is because it assumes the sample came from the lungs, not the stomach, and the average person has 2100 units of alcohol in his blood for every unit of alcohol in his breath (called the partition ratio). The Breathalyzer does not "know" that your breath sample is not from your lungs and that it should not multiply the alcohol level by anything. Result: false high readings -- and a DUI conviction.

5. When you see that officer in the rear-view mirror, don't reach for the mouthwash or breath spray to disguise the drink or two you've had. Most of them contain significant levels of alcohol (Listerine, for example is 27% alcohol) and create a mouth alcohol effect: they remain in the oral cavity for 20 minutes or so -- just long enough to be breathed into the Breathalyzer, with the same results mentioned in number 4. Some breath machines have a mouth alcohol detector, but these are highly unreliable.

Lawrence Taylor is the senior member of an AV-rated law firm of Las Vegas DUI lawyers practicing drunk driving defense exclusively. See http://www.duilasvegas.com for more information.

Labels: , , , ,

DUI Lawyer Protected Poem

Let A DUI Lawyer Protect Your Rights

The consequences of Driving Under The Influence, or DUI, charges are far reaching. The criminal justice system can be a complicated process and the penalties of a DUI are quite severe. You should be aware that in some cases, those convicted of a DUI are subject to significant fines, legal costs, court costs, and even jail time.

Every person facing this charge is in need of a good defense and protection of their rights. The reason you need to obtain an experienced DUI lawyer is that research shows that many individuals arrested and charged with DUI are not guilty because they haven't had too much to drink. While the State has a duty to enforce the law, persons accused of crimes such as driving under the influence are still innocent until proven guilty.

There are a number of opportunities to build a solid defense for these cases, as it was found that breathalyzer machines can often give false readings. Successful defense of a drunk driving charge requires specialized defenses. Attorneys that specialize in this particular type of case are best qualified to formulate your defense and protect your rights in court.

Who Gets Arrested for DUI

Statistics show that males between the ages of 16 and 24 are most likely to be arrested on DUI charges. Most individuals arrested are middle class working citizens. Sadly, DUI statistics also indicate that approximately one-third of those arrested are repeat offenders.

DUI Fines and Penalties

The penalties for DUI are different than those for DWI (Driving While Intoxicated), but are still severe and can result in long term negative consequences for you and your future.

The penalty for a first DUI offense can be limited to just a fine. However, the fines can vary and sometimes are very large. Also, in some states, fines may be doubled if a passenger under 16 years old is riding in your car.

But, depending on the jurisdiction, the penalty can also result in the revocation of your license, a criminal record, a short jail sentence, and/or public service. Prosecutors in many states have pressed for tougher penalties because many DUI suspects, especially repeat offenders, refuse to take the breathalyzer test. Unfortunately, these more severe penalties affect those who have been cooperative or have been wrongly accused.

For those who are repeat DUI offenders, you will generally face mandatory loss of license, jail time, and significant fines and court costs. So, just accepting the charges without a strong legal defense is a formula for personal disaster.

DUI Legal Defense

A DUI lawyer can help mitigate or reduce the charges and ensure that your rights are protected to the extent of the law. The plain facts are that many people arrested and charged with DUI are not guilty. Even if you have made statements at the time of arrest, they can be thrown out as part of the proceedings. A qualified DUI attorney will know all the details and the legal procedures involved.

The penalties for DUI are severe, and should be taken very seriously. Being found guilty of a DUI charge can have life-altering consequences for you and your family. So, think about it - can you afford to be without legal counsel? Not a chance!

Bill Wilson is a freelance writer for many online publications and newsletters. He is a legal researcher and consumer advocate. You can learn more about the need for a DUI lawyer and legal defense strategies by visiting http://www.attorney-assistance.com, where you will also find info on DUI fines, DUI defenses, DUI law and more.

Labels: , , , ,