Penalties for DUI

DRINK DRIVING AND THE LAW

noreply@blogger.com (Unknown) — Sat, 1 Oct 2011 03:41:00 +0200

DRINK DRIVING AND THE LAW

There are two different drink driving offences: driving over the limit, that is, exceeding the prescribed concentration of alcohol (PCA) and driving under the influence (DUI). PCA means that you were breath tested and recorded a blood alcohol level higher than the legal limit. DUI is more serious and means that you were so intoxicated that you could not control the vehicle. Exceed PCA is the most common offence.

DRIVING OVER THE LIMIT (EXCEED PCA)

It is an offence to drive, or attempt to drive, a motor vehicle while there is more than the ‘prescribed concentration of alcohol’ (PCA ) in your blood. It makes no difference that you did not feel drunk at the time, that you didn’t drink very much or your driving was not effected in any way. The law is strict as to the amount of alcohol that can be present in a person’s blood when driving. For full licence holders, the maximum allowable blood alcohol level is .05. For learner, provisional or probationary drivers, any alcohol in their blood is a breach of their licence conditions. If the level of alcohol exceeds .05, they also face charges of exceeding the prescribed concentration of alcohol.

DRIVING UNDER THE INFLUENCE (DUI)

A person who drives, or attempts to drive, a vehicle while so much under the influence of alcohol or a drug as to be incapable of exercising effective control of the vehicle is guilty of an offence. For the purposes of this offence, a person is deemed to be incapable of exercising effective control of a vehicle if any physical or mental faculty is lost or appreciably impaired. The police may use their observations to show that the driver could not exercise effective control, such as slurred speech, swaying when standing, and a strong smell of alcohol on the driver's breath. A blood alcohol reading may form part of this evidence but is not essential. This offence is separate to exceed PCA and a driver may be charged with both offences, especially in the event of an accident. However, a driver cannot be convicted of both offences in relation to the same incident.

PENALTIES

If a person is convicted of a drink driving offence the court must impose the minimum disqualification period (but can impose more) and a fine. Licence demerit points will also apply. A magistrate has the power to gaol a driver for serious or repeated DUI offences but this is not common. The following penalties are for first offences only.

Offence	Disqualification (minimum)	Fine	Demerit Points
PCA .05 - .079*	*	$147 on-the-spot or up to $700 fine	3
PCA .08 - .149	6 months	$500 - $900	5
PCA .15 or over	12 months	$700 - $1200	6
DUI**	12 months	$700 - $1200	6
Refuse breath test	12 months	$700 - $1200	6
Refuse blood test	12 months	$700 - $1200	6
Drug driving		$300 on-the-spot or $500 - $900 fine	3
Refuse drug test	6 months	$500 - $900	3

* If you commit an offence of driving with a blood alcohol concentration (BAC) of .05 – .079 and it is your first drink drive offence, the police will normally issue an expiation notice. Drivers with a BAC between .05 and .079 who have a previous conviction for drink driving will be prosecuted and face disqualification for at least 3 months.

** up to 3 months gaol may be imposed

Note that these are the penalties for first offences only. Higher penalties apply for drivers who have been convicted of a drink driving offence within the last five years. If you have a reading towards the higher end of the blood alcohol reading bracket then you can expect a penalty higher than the minimum. ‘P’ plate and learner drivers face penalties for a breach of licence conditions in addition to the drink driving penalties. If you were convicted of another drink driving (or drug) offence within three years from the date of the current offence the court will order that you be assessed to determine if you suffer from alcoholism or drug addiction. If you are found to be suffering from an addiction, then the court will disqualify you until further order. They will also say what the minimum amount of time you must serve is before you can apply to get your licence back. To get your licence back you will need to make an application to court and attend a further assessment, which shows that you no longer suffer from an addiction.

For more information about your options and likely penalties, seek legal advice.

ON-THE-SPOT DISQUALIFICATIONS

The police will give an ‘on-the-spot’ disqualification for the offences of DUI, exceed PCA (.08 or greater), refuse breath test or refuse blood test. This disqualification will usually be for the minimum period for the charge you are likely to face, which will be either 6 or 12 months. For example, if your blood alcohol reading was between .08 - .149, the usual disqualification period for a first offence is six months. A summons will be sent at a later date for you to appear in court to determine the actual penalty, including the length of disqualification and fine. The court will take the period of the on-the-spot disqualification into account when you are sentenced.

APPEALING ON-THE-SPOT DISQUALIFICATIONS

You can apply to the court to have the suspension lifted or reduced but the grounds on which you can apply are strictly limited. You can only apply to have your suspension lifted if you can show that there is a reasonable prospect that you would be found not guilty of the offence. Personal hardship or loss of employment are not grounds for an appeal against this type of disqualification. You cannot get a restricted licence or a licence just for work purposes; the disqualification is total.

Reducing a period of suspension is only available in the following circumstances:

if you can convince the court that the offence was ‘trifling’ (this means that the offence is not a typical offence – get legal advice if the circumstances of your drink driving charge are unusual)
if you can convince the court that you are guilty of a lower category offence than you have been charged with – for example, there is sufficient evidence to suggest that you are guilty of PCA between .08-.149 and not over .15.

DO I NEED A LAWYER?

If you are pleading guilty to a drink driving offence you can represent yourself if you choose. Even if you are representing yourself you should seek legal advice before going to court. Contact the Legal Help Line on 1300 366 424 or make an appointment for free legal advice at the Legal Services Commission. Legal aid will only be granted if there is a likelihood of going to gaol and this is not usually the case for drink driving charges. You may be eligible for legal aid if you have been charged with DUI and have prior convictions, or if your case is particularly serious.

If you are representing yourself, you will need to tell the court about what happened at the time of the offence, such as why you drove whilst you were intoxicated, what you will do to ensure that you do not drink and drive again, and some details about your personal circumstances, such as your work, family and financial situation.

If you intend to plead not guilty it is very important to get legal advice about your chances of success.

REFUSING TO SUBMIT TO A BREATH TEST

It is an offence to refuse or to fail to submit to an alcotest or breath test when directed by a police officer. There are only very limited circumstances when you can claim that you were unable to provide a breath sample. For example, if you intend to plead not guilty on the basis that you had a medical condition that prevented you from being able to provide a breath sample, you will need to have had a blood test done instead. You will also need to provide to the court a medical report that says you were unable to blow because of your medical condition.

WHEN CAN I BE BREATH TESTED?

You can be breath tested at any time you are on the road. Most testing takes place at a random breath testing station but all police vehicles are now equipped to do breath testing. The police have broad powers to stop and ‘breath test’ a driver who:

• is driving, or has driven, a motor vehicle; or

• is attempting, or has attempted, to put a motor vehicle in motion; or

• is acting, or has acted, as a qualified supervising driver for the holder of a learners permit (L) or provisional licence (P).

The test must be conducted within 2 hours of driving or attempting to drive. When police exercise their random testing powers they must be in uniform and use a marked police vehicle, or a vehicle displaying a flashing light or sounding an alarm.

If an alcotest shows that the prescribed concentration of alcohol may be present, the driver is required to blow into a breath analysis machine. The result indicated by the breath analysis is presumed to have been the person’s blood alcohol level for the two hours immediately before the test. If the breath analysis shows that the driver was over the limit, they will be charged and issued with an on the spot suspension. Later (sometimes many months later) they will receive a summons to appear in court. A breath analysis result may only be challenged in limited circumstances, such as if it is found to be inaccurate or the proper procedure was not followed.

BLOOD TESTS

Where a breath analysis indicates the driver is over the limit, the police must advise the driver of their right to have a blood test.

If a driver chooses to exercise this right the police will provide a blood testing kit. The kit contains a statement of the person’s right to have a blood test together with instructions to both the person and a doctor on the blood sampling procedures. Drivers must make their own arrangements to have the blood sample taken. However, if outside the metropolitan area and it appears to the police that the person will be unable to travel to a place to have a blood sample taken, the police must provide transport to a suitable place for the blood sample to be taken. If outside the metropolitan area, the blood test may be taken by a registered nurse.

The doctor (or nurse) must divide the sample into halves, giving one sample to the person and forwarding a second sample to the police. The police sample will be analysed and the results will be sent to the driver, who can have the other sample tested independently. If this is intended, it is important that the sample be kept in a cool place and analysed as soon as reasonably practicable. Legal advice should be sought if the blood test result is significantly different to the breath analysis.

CAN I CHALLENGE THE RESULTS OF A BREATH TEST?

It is possible to challenge the results of a breath test but you should seek legal advice before doing so. You must be able to demonstrate a substantial difference between the breath test results the police obtained and those obtained as a result of the blood test. A blood test will show a lower reading than that provided by an earlier breath analysis because blood alcohol is naturally eliminated over time. If you wish to challenge the results in court you will require further testing to establish your alcohol elimination rate and a medical expert who can give evidence in support of your case.

BLOOD TESTING AFTER AN ACCIDENT

If a person (over 14 years old) is admitted to hospital following a road accident, a doctor must take a blood sample. The blood test must be done as soon as possible after the person is admitted to hospital and within eight hours of the motor vehicle accident. The sample is sent to the police for analysis. If the result indicates that the driver had exceeded the blood alcohol limit, charges will be laid. It is an offence to refuse a blood test without a good medical reason. A person who is not the driver of a motor vehicle involved in an accident faces a $300 fine if he or she refuses a blood test. More serious penalties apply to drivers.

CAN I KEEP MY LICENCE?

No, a court cannot reduce a licence disqualification below the minimum period unless there are exceptional circumstances and the offence is considered to be trifling. If you think this may apply to you, you should seek legal advice.. It is not possible for a driver to keep a licence for special purposes such as work. Depending on the number of demerit points you had prior to the drink driving offence, you may have to serve another disqualification period. If you are on a full licence and incur more than 12 demerit points you will receive a notice from the Registrar of Motor Vehicles disqualifying you for at least 3 months. You can elect to abide by a ‘good behaviour’ condition which enables you to retain your licence; however, if this is breached you will need to serve double the original disqualification.

WHAT HAPPENS IF I DRIVE WHILE DISQUALIFIED?

It is important that you do not for any reason drive while you are disqualified. This is a criminal offence and is taken very seriously by the courts and can attract an immediate gaol sentence. Seek legal advice if you have been charged with this offence.

MANDATORY ALCOHOL INTERLOCK SCHEME

Drivers who commit serious drink drive offences must have an alcohol interlock device fitted to their vehicle for a period of time equivalent to their disqualification. The mandatory alcohol interlock scheme applies after the disqualification period has been served.

The following offences are classified as serious drink driving offences for which the mandatory alcohol interlock scheme applies:

· A second or subsequent offence of driving with a blood alcohol reading above 0.08 (i.e. category 2 offence)

· Driving with a blood alcohol reading at or above 0.15 (i.e. category 3 offence)

· Refusing to provide a breath or blood sample for alcohol testing

The cost of fitting the alcohol interlock device will be the responsibility of the driver but a concession scheme is available to eligible concession card holders.

Whilst subject to the alcohol interlock scheme a driver can only drive a vehicle fitted with the device.

AFTER DISQUALIFICATION

Regardless of whether a person serves the full disqualification period or resumes driving using an alcohol interlock device, they must hold a probationary licence for at least 12 months. If you held a provisional licence you will return to the licence prior to the one you were holding. For example, if you were the holder of a P2 licence, you will return to a P1 licence.

WHAT IF I HAVE AN ACCIDENT?

If you have an accident while over the legal blood alcohol limit you may also face other traffic offences. These can range from driving without due care to causing death or harm by dangerous driving. In addition, most insurance policies do not provide cover if a driver was under the influence of drugs or alcohol at the time of an accident. If your reading is over .15 and someone is injured due to your negligent driving, the Motor Accident Commission may sue you to recover payments made under the compulsory third party scheme. If you are injured, your compensation will be reduced if you are over the limit, even if the accident was mostly the fault of another driver.

DRUGS AND DRIVING

Drug saliva tests can detect cannabis and amphetamines such as speed or methamphetamines. Where a roadside test is positive police have the power to conduct either a further saliva test or a blood test.

Drivers may face charges of driving under the influence or a new offence of driving with a prescribed drug in oral fluid or blood. Before charges can be laid the presence of drugs must be confirmed by laboratory testing. The saliva test is mandatory and there are penalties for drivers who refuse to cooperate.

www.lsc.sa.gov.au

DUI INFORMATION

noreply@blogger.com (Unknown) — Sat, 1 Oct 2011 03:39:00 +0200

DUI Laws and Penalties

DUI INFORMATION

Here is a brief overview of what it means to be charged with a DUI. In Illinois, when one is charged with a DUI, there are two consequences. The first affects your driving privileges. The second is the misdemeanor charge of DUI, which involves monetary fines and sometimes more.

As to your driving privileges, Illinois, like most states, has what is called an Implied Consent requirement. Simply stated, under Illinois Law, if you have a driving license, are driving on a public roadway in Illinois, and a law enforcement officer believes you may be intoxicated, you must take a breath test, blood test or urine test, at the law enforcement officer's request or face certain consequences.

If you are a First Offender, one who has never had a conviction or supervision for DUI, you are treated differently than if you have had a prior DUI anytime in your lifetime. In all cases you are given 45 days from your arrest to challenge the loss of license, this involves the Statutory Summary Suspension.

First Offender's have a shorter period of Statutory Summary Suspension (SSS), or loss of license and driving privileges. If you took a blood, breath or urine test and were over 0.08% BAC, you loose your license for 180 days. If you refused your alcohol tests then you loose your license for 360 days. Upon termination of the SSS, either 180 days or 360 days after your license is suspended, you must send a check for $250.00 to the Secretary of State, approximately 30 days prior to the expiration of your suspension, to the Secretary of State, Driver Services Department, 2701 South Dirksen Parkway, Springfield, Illinois, 62723 so that full reinstatement of your driving privileges can be expedited.

As of January 2009, Judicial Driving Permits will be a thing of the past. Instead, first-time DUI offenders who lose their licenses will be eligible for “monitoring device driving permits” (MDDP), requiring them to drive vehicles equipped with breath alcohol ignition interlock devices, which will require motorists to have BAIIDs installed in their vehicle. The terms of a MDDP are far more liberal than those of the JDP, permitting driving 24/7 anywhere, for any reason, as long as the BAIID is installed and the drivers comply with all conditions for its use during the period of the MDDP. The new statute also doubles the terms of driver’s license suspension. DUI offenders will be responsible for the installation costs of their BAIIDs and, of course, will be required to pay administrative fees to the Secretary of State.

If you have a prior DUI conviction or supervision, then the SSS will be for a longer period of time, and no MDDP is available.

(A) Penalties

(1) A Conviction for DUI is a Class A misdemeanor;

(2) A second or subsequent violation for DUI has mandatory minimum of either 5 days imprisonment OR 240 hours of community service in addition to any other criminal/administrative sanction;

(3) A DUI violation with a person under 16 in the car is subject to 6 months imprisonment and a mandatory minimum fine of $1,000 AND mandatory 25 days community service in a program benefitting children;

(4) A first violation for DUI where the BAC is over .16 has mandatory minimum of 100 hours community service AND minimum $500 fine in addition to any other criminal/administrative sanction;

(5) A second or subsequent violation where the BAC is over .16 has mandatory minimum of 2 days imprisonment AND minimum $1,250 fine in addition to any other criminal/administrative sanction.

(B) Aggravated DUI-Felony eligible IF:

(a) Third or subsequent DUI;

(b) DUI while driving school bus;

(d) Has prior conviction for reckless homicide due to DUI;

(e) DUI while speeding in a school zone and where an accident occurred resulting in great bodily harm;

(f) DUI with accident resulting in death;

(g) DUI while revoked/suspended for DUI or for Reckless Homicide;

(h) (not effective until Jan. 2009);

(i) DUI while knowing (or should have known) they didn’t have insurance;

(j) DUI with accident resulting in any amount of harm to passenger under 16;

(k) A second violation of DUI while having person under 16 in the vehicle;

(C) Any mandatory term of imprisonment or community service mandated under this statute shall not be suspended/reduced by the court

(D) Any penalty imposed for DWS/DWR when license is suspended/revoked for DUI shall in addition to the penalties imposed under this statute (not concurrent)

The DUI is generally a misdemeanor, with the maximum punishment of 364 days in jail and/or $2,500.00 in fines plus costs. Generally, for First Offenders, you will be offered Court Supervision (a deferment of judgment, like a continuance of your case), a fine, costs, and treatment. If you are not a First Offender then the State will usually seek a Conviction with Fines, Costs, Jail, occasionally Prison and the Victim Impact Panel.

What you need to do to help me defend your charges is to first, after we talk, obtain an Affected Abstract from your local Driver Services Facility by seeing a Hearing Officer. An Affected Abstract is a form that tells us what your driving record is. The Hearing Officer at the Bethalto Facility is there on Friday's only from 8:30 a.m. until 3:30 p.m., (618) 258-0600. You will need to call other facilities for their times.

Next, you will need to be evaluated by a DASA (The State of Illinois Department of Alcohol and Substance Abuse) approved agency. I recommend you see one of the court approve Alcohol Evaluators, see the attached list of providers. The fee for the evaluation will be due when you go for the evaluation, and they will need copies of your arrest tickets and SSS Form, as well as a Significant Other to talk with about your life as required by DASA. Should you be ordered to obtain treatment, I have attached a copy of the courts list of approved treatment facilities.

In the meantime, I have entered my appearance as your attorney, so the date on your ticket is not the same as when we will go, and the court and I will notify you of your new court date. I will also review the police reports of your arrest, and talk to you about them. We can either meet at my office or talk on the phone, and decide our course of action.

At court, usually many other cases are set on the DUI DOCKET, and we will try to work out your case as best I can. You may have to wait, as generally there are dozens of cases set at the same time. I will let you know what is going on, and give you your options. If we can work it out the court will give you an order with certain requirements for you, and I'll explain those to you at court and with a reminder letter. If it cannot be settled to your satisfaction, we will discuss your options.

DUI attorney DUI charge process and procedures

noreply@blogger.com (Unknown) — Sat, 1 Oct 2011 03:36:00 +0200

DUI Laws and Penalties

A DUI charge is a very serious matter and can dig you to the core. A DUI attorney can help a person who has been accused of DUI.
The concerned authorities can suspend the accused driver's license even for his lifetime if the case is not in the right hands. An experienced DUI attorney would be the first person whom you must consult whenever there is a case of DUI. An experienced attorney is very much familiar with the trial process and procedures. If some criminal act is there with the DUI, then things become far more serious than expected.

The attorney can challenge the fairness of the field sobriety test. If the police didn't have any proper cause to stop the accused on road, then the charges filed against him can be thrown away. These are some of the many defensive techniques that are being used by these professionals. It is advised to consult an attorney as soon as you are charged with a DUI. A professional DUI attorney can provide extensive knowledge about a DUI

DUI attorney

noreply@blogger.com (Unknown) — Sat, 1 Oct 2011 03:08:00 +0200

DUI Laws and Penalties

An experienced DUI attorney will put together the entire case with evidence that proves your innocence and will help reduce your charge. Attorneys know how to find the loopholes in the entire proceeding and can use them wisely to prevent you from severe consequences. The attorney can challenge the accuracy of the device, which was used to test the blood alcohol levels. The attorney can challenge the fairness of the field sobriety test. If the police didn't have any proper cause to stop the accused on road, then the charges filed against him can be thrown away. These are some of the many defensive techniques that are being used by these professionals. It is advised to consult an attorney as soon as you are charged with a DUI. A professional DUI attorney can provide extensive knowledge about a DUI and knows how to determine unreasonable searched by the authorities. The first step upon being charged with a DUI is to find a DUI attorney.
Dui Lawyer Chula Vista, San Diego Dui Attorney
If you are arrested for a dui in San Diego you should always call a dui attorney immediately. With the help of a dui attorney you can maximize your chances to reducing the severity of the charge against you.

DUI Laws and Penalties

noreply@blogger.com (Unknown) — Sat, 1 Oct 2011 01:39:00 +0200

DUI-LAW

DUI Laws and Penalties

Learn about the DUI laws and penalties in your State or Commonwealth

DUI Laws | DUI Penalties - DUI Laws

The person who is found guilty of the charge could face jail time and if there are injuries due to an accident caused by DUI then the charge would a felony. Even if the charge is less serious, your attorney could ask for a plea and the authorities can penalize you with community services, electronic monitoring and the installation of an ignition interlock device. The person convicted for a DUI is liable to pay a heavy monetary penalty if found guilty and will have an increase of insurance rates because these companies consider a DUI accused person to be a high-risk driver.

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