DUI Arrest Even When You Are Not Driving?

We’ve mentioned many times that you can get a DUI offense in vehicles other than cars. This includes drunk driving of snow mobiles, scooters, riding lawnmowers, etc. But, could you face a DUI arrest even if you aren’t driving?

How’s that?

The Connecticut Supreme Court recently ruled in the case of a man who started his car in a parking lot, sat in the driver’s seat while drunk but did not drive anywhere.

The court ruled that merely starting a vehicle is considered operating a vehicle. So the DUI conviction, which a lower court had overturned, was reinstated.

There are other examples in the DUI world of people being arrested even though they weren’t “driving” at the time. There are cases where a drunk driver got on the road, realized he was drunk and pulled over to rest or “sleep it off.” In these cases, you may be arrested for DUI even if you aren’t “driving” when police arrive.

Source: The DUI Blog

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  • Women May Need Special DUI Tests

    There are long standing jokes about women who are pulled over by police and how they get out of tickets.

    Sure there are cases where a woman may flirt to get out of a ticket or bat her doe eyes innocently at the officer in the hopes of avoiding a ticket, but now there maybe concrete evidence to prove that woman are more at a loss when it comes to the standard DUI laws than ever before.

    "A study out of Italy shows there is a component to a female’s bio-chemical make-up which could make women more predisposed to fail a DUI road test."

    According to an article provided by the Law Offices of Lawrence Taylor, who is Los Angeles area DUI attorney and nationally-known author of the book Drunk Driving Defense, a study out of Italy shows there is a component to a female’s bio-chemical make-up which could make women more predisposed to fail a DUI road test. The study may prove that woman may be unfairly arrested for DUI in some cases and should be given more gender specific tests.

    Taylor cites researchers at the University School of Medicine in Trieste, Italy, who found that women have less alcohol dehydrogenase than men. The study asserts that with less of the enzyme that breaks down alcohol in the stomach, women reach the same blood alcohol concentration as men after drinking only half as much.

    The study goes on to state that women reached blood alcohol levels illegal in a DUI case after drinking 20 to 30% less alcohol than men of equal weight.

    This could be a sturdy claim that could be asserted by many women when they find themselves eye to eye with a Trooper, but one that seems to only find merit in Italy at the moment.

    In Canada, a study has shown that women taking oral contraceptives may reach peak BAC levels more quickly. This is a supposition that other attorneys have used when claiming their female clients failed a breathalyzer test due to the fact that they were taking oral contraceptives at the time of the test.

    Both studies may eventually be a foundation for a compelling argument in the court room.

    The underlying problem in this is that many women may not choose to argue against the validity of their failed test based on their sex. In fact, in the majority of the cases where birth control was a deciding factor for failure, it was a male attorney who plead the case.

    At the end of the day, the best way to avoid this all together is to not drink and drive.

    Source: The DUI Blog

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  • More Women Than Ever Are DUI

    Since 2007, DUI arrests for women has risen almost 30%. We see this increasing trend with many female celebrities who have been arrested for suspicion of drunken driving.

    Heather Locklear was arrested back 2007 for suspicion of drinking and driving in Santa Barbara, Cali. A concerned driver on the road called the police stating Locklear was driving erratically on the road.

    She plead no contest to DUI but pled guilty to a lesser charge of a misdemeanor of reckless driving. She paid a $700 fine and was sentenced to attend a 12 hour drug education program and placed on three years’ probation.

    Lindsay Lohan received her DUI offense in 2007 as well. She pled no contest to driving under the influence and received three years probation. The judge also ordered her to serve 10 days community service, spend 30 days in drug rehab and complete an 18 month alcohol education program.

    Her probation was recently extended as a Beverly Hills judge stated Lohan did not complete the required treatment programs because she filmed out of state. Her DUI attorney claims she can finish the required programs and feels they can overturn the extension.

    Actress Joyce Dewitt was arrested in July of 2009 under a suspicion of a driving under the influence. She allegedly drove through a barricade attracting the local police department.

    When they walked up to her car they could smell alcohol. They gave her the regulated field tests and afterward she was arrested. Dewitt was released after posting $5000 bail.

    Is there a connection with female celebs and the increasing percentage of females being arrested for driving under the influence? Many might look up to these famous women and follow the trend. Or could it be the increasing pressure of the economic times as many women are strong in the workforce.

    At this point there are many possibilities as to why this is on the rise with woman in the U.S., but it’s only speculation at this point.

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  • DUI Arrest: Does A DUI Arrest Automatically Label You As An Alcoholic?

    If someone is arrested for drunk driving, most states assume that the person has a drinking problem and they mandate alcohol evaluation, education and treatment before restoring driving privileges.

    All 50 states now have "per se" .08 blood alcohol concentration laws (BAC), which means that if a driver has a BAC of .08 or higher, that fact by itself (per se law) is evidence that the driver was driving while intoxicated.

    Most states also have laws that require anyone convicted of drunk driving to undergo an evaluation to determine the extent of their alcohol consumption. In other words, if someone is arrested for drunk driving, that fact by itself is evidence that the driver probably has a drinking problem, according to the laws and policies of almost every state.

  • Alcohol Evaluation

    Before returning driving privileges to someone convicted of driving under the influence, most states require that drivers undergo an evaluation to determine the extent their lives are affected by alcohol consumption and if their drinking behavior is considered alcohol abuse or alcohol dependence.
    In most states, the DUI offender is interviewed by a certified alcohol and drug counselor and given a series of questions to answer about their drinking habits and attitudes. The evaluator then determines if the offender requires additional education or treatment.

  • Alcohol Education

    In many states, convicted drunk drivers are required to attend classes on the dangers of driving while impaired -- sometimes called "DUI School" or "drunk driving school" -- regardless of the results of their alcohol evaluation. However, if the evaluation determined that the driver has a drinking problem, the length or number of the required education classes can be increased in some states.

  • Alcohol Treatment

    If the alcohol evaluation determines that a drunk driving offender is an alcohol abuser or is alcohol dependent, some states require that the driver complete some form of treatment before driving privileges are restored. If the driver does in fact have a drinking problem, most states require that this problem be addressed before the offender can legally return to the highways.

    Depending on the driver's evaluation, the required treatment can range from attending to a few support group meetings, outpatient counseling or therapy sessions, or even inpatient detoxification and/or a residential rehabilitation and treatment facility.

  • State Drunk Driving Laws

    Because of the efforts of anti-drunk driving groups over many years, the laws of most states today send the message to DUI offenders that getting behind the wheel while intoxicated may not seem like a drinking problem to them, but it is a public safety problem for society.

    Consequently, 45 states now require alcohol evaluation and treatment after the first drunk driving offense, two states require it after the second DUI offense, one state mandates treatment only after the third violation, and two states have no education or treatment requirements.

    Buddy T.

    Source: eHow.com
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  • Penalties For the Drunk Driver Are Get Stiffer!

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    By Buddy T, About.com

    Everyday drivers are arrested for driving under the influence, or driving while intoxicated, as law enforcement agencies continue to crackdown on these dangerous offenders. For many of these drivers, it will not be their first DUI offense.

    So, what fate awaits these drunk drivers? They may be surprised to find that penalties for DUI, even the first offense, have been increased since they last checked. Due to the efforts of groups like Mothers Against Drunk Drivers (MADD), hundreds of new DUI laws have been passed nationwide since 1980.

    All states have adopted 21 as the legal drinking age. Two-thirds of the states have now passed Administrative License Revocation (ALR) laws, which allow the arresting officer to take the license of drivers who fail or refuse to take a breath test.

    All states have now lowered the legal blood alcohol concentration (BAC) limit from .10 to .08 percent for adults, and all states have passed Zero Tolerance laws which prohibit drivers under 21 from having any measurable amount of alcohol in their blood system.

    Moreover, the penalties have increased for drinking and driving, especially for repeat offenders. Many state legislatures have passed laws requiring mandatory jail time for repeat DUI convictions. The fines have gotten larger, the length of license suspension has gotten longer and getting a "hardship" license just to go back and forth to work is getting more difficult.

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    Facing the Consequences

    Although laws differ from state to state, here's a typical routine facing repeat offenders:
    Getting an attorney in hopes of getting a reduced sentence or pleading to a reduced charge is a waste of time and money in many states. The penalties that the judge must impose are mandated by state law. In some states, even first offenders may be facing lengthy license suspensions and a weekend in jail.

    Many states have passed Habitual Violator laws, which provide felony penalties for three DUI convictions. These offenders lose many of their civil rights -- like being able to vote or own a weapon -- as well as their driver's license permanently or for many, many years.

    In order to get that license back, most states now require that offenders complete some form of DUI school or education and assessment program, but it has become a lot more involved than just sitting in class several hours and passing a written test.

    Now the offender must first go through an assessment interview with a professional counselor before it is decided what steps must be completed before the driver's license is reinstated. Typically, the offender is given a set of questions that are designed to determine the extent of his "drinking problem."

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    Assessment of Drinking Patterns

    In most states, the certified counselor now has the power to adjudicate the offender into Alcoholic Anonymous or a medical treatment or counseling program. The offender does not have to follow the guidelines outlined by the counselor, but it's the only way he will ever regain his driving privileges.
    The counselor, based on his assessment of the drunk driver, can mandate attendance at as few as three or four A.A. meetings or, for repeat offenders, 90 meetings in 90 days, or a 28-day residential treatment program, detoxification, or other medical treatment.

    All of this cost time and money or both -- on top of the fines and probation fees the offender must pay. But that is not the only cost involved. Many states also require additional insurance coverage before returning driving privileges to DUI offenders, and that can run into serious money. Then there is the fee most states charge for re-issuing a driver's license.

    All totaled, a DUI conviction can be expensive, especially a second or third offense. The costs can be even greater for those who receive a DUI as the result of a traffic "accident." Drivers who were drinking at the time are finding that the courts are placing more of the liability for damages on them, regardless of the circumstances of the traffic incident.

    Holding Drivers Responsible

    The justice system is holding drunk drivers accountable for the damage they do those who are killed or injured on the highways because the other driver was drinking. The monetary liabilities for such incidents can run into the millions, not to mention the criminal penalties.

    In some areas, part of the DUI school curriculum puts offenders face to face with victims, who tell their painful stories of how a drunk driver changed their lives forever. The idea is that personalizing the pain that drinking and driving can cause might make the offender stop and think before getting behind the wheel.

    Simply stated, society is trying to emphasize that drinking and driving is unacceptable and will not be tolerated.

    Source: Buddy T. at Alcoholism - About.Com


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