On this beautiful Ithaca morning I have a few lingering thoughts concerning NY PSIs for DWIs.
The PSI (pre-sentence investigation) report is NOT a public document. Disclosure is limited to the defendant, defendant's attorney, the judge, and the prosecutor. In fact the report is usually held by the Court and can only be viewed by counsel and not copied nor circulated. Although I have had a number of Courts send me the report for viewing prior to sentencing this is more the exception than the rule.
Probation officers act as an agent of the Court. Their role is to assist the Court (the judge) in determining a fair and appropriate sentence. In certain criminal cases (other than DWIs) a client may opt for jail time in lieu of a lengthy period of probation. In NYS generally misdemeanor probation is three years and felony probation is five years. If Probation is recommended for a DWI it is usually not negotiated to a term of jail. DWI Probation (supervision) may be in addition to a term of jail but not in exchange for a term of jail.
The Purpose for probation in DWI cases is to assist the defendant in obtaining and maintaining sobriety. This specific and necessary purpose, namely to monitor (supervise) the defendant from drinking (any consumption of alcohol) or being in the presence of alcohol. A violation of probation by drinking, being around alcohol, or being in alcohol serving establishments generally results in a six month jail term. Sobriety is the goal. Treatment, classes, and rehabilitation are the means to reach and maintain an alcohol free life. With DWI probation this is taken very seriously, and there is no wiggle room for special events or for "I did not know" type excuses.
Hot Topic Dwi law lawyer attorney ( Under List )
I must admit, before I get started that this post on the Seattle DUI attorney blog is meant to serve two purposes. First, I want to let everyone know about a great DUI training and DWI training program that I took last weekend. Second, I want to show the instructor of the DWI training program (which was a field sobriety test certification class - otherwise known as FST) how easy it really is to rank well in Google for any keywords you want (in this case it's a variation of DUI training and FST training).
The great thing about this post is that I don't even have to change what I would normally change. Simply writing about the experience is enough (and this is exactly what I explained to him). The key to maximizing what you are doing online, though, is writing what you really want to say and then structuring it in a way that optimizes the way that Google looks at it.
I like to think it's kind of like structuring a brief for the court of appeals. There is a very specific way they like it. You may have the best arguments, but if it's not structured right the court just isn't going to look at it the same way. Same goes for the Wild Wild West that is the internet.
Okay, now, back to the actual article. I was lucky enough last weekend to participate in the field sobriety testing class offered by Lance Platt of Platt and Associates. Lance is a former police officer turned PhD, who wrote his thesis on the accuracy and reliability of the horizontal gaze nystagmus test (otherwise known as the HGN). You probably aren't surprised to learn he found the test was a crock of shit.
But, the cops still have to do their DWI training and DUI attorneys still want to learn how to beat the cops up in trial, so Lance is there to teach us everything he knows about the FSTs. And I must say, it's a great class. It's the same class the cops are taught, but with a slightly different bend to it, and not like you think.
The best way I can describe the DUI training Lance offers is that he teaches the class and then explains some of the science, or lack thereof, behind the tests. He knows who his audience is and plays to that a little, but not like you'd think. Instead of kowtowing to what we want to hear he uses his podium to teach us how we can use this information to benefit our clients. It really is great stuff.
The FST certification course is a three day course. Day one is spent on the investigation aspect of a DUI stop. It goes through the three phases of a DUI arrest from initial contact through arrest decision. Day two is spent learning how to properly administer the FSTs and recognize the clues. It includes taking and giving the tests, and, in our case, included getting drunk and seeing how good we could do (this was technically after the class had adjourned for the day). Day three is testing day.
One of the more interesting things I learned in this DWI training and DUI training class was that prosecutor's never want to take the course (he offers this course to whoever wants to take it - and I'd recommend everyone take it). That strikes me as really odd, because if winning your DUI case is what you really want to do (and it's what I really want to do), then knowing the weaknesses in your case is as important as knowing the strengths. Plugging up the holes is often half the battle.
In the end, I hope this post makes it to the first page of Google for DUI training, DWI training, and even Platt and Associates. It will prove two points. First, it will prove what a great class this is, for every DUI lawyer in the country. And second, it will prove I know what I'm talking about when it comes to internet marketing (which may be a side business for me some day).
The great thing about this post is that I don't even have to change what I would normally change. Simply writing about the experience is enough (and this is exactly what I explained to him). The key to maximizing what you are doing online, though, is writing what you really want to say and then structuring it in a way that optimizes the way that Google looks at it.
I like to think it's kind of like structuring a brief for the court of appeals. There is a very specific way they like it. You may have the best arguments, but if it's not structured right the court just isn't going to look at it the same way. Same goes for the Wild Wild West that is the internet.
Okay, now, back to the actual article. I was lucky enough last weekend to participate in the field sobriety testing class offered by Lance Platt of Platt and Associates. Lance is a former police officer turned PhD, who wrote his thesis on the accuracy and reliability of the horizontal gaze nystagmus test (otherwise known as the HGN). You probably aren't surprised to learn he found the test was a crock of shit.
But, the cops still have to do their DWI training and DUI attorneys still want to learn how to beat the cops up in trial, so Lance is there to teach us everything he knows about the FSTs. And I must say, it's a great class. It's the same class the cops are taught, but with a slightly different bend to it, and not like you think.
The best way I can describe the DUI training Lance offers is that he teaches the class and then explains some of the science, or lack thereof, behind the tests. He knows who his audience is and plays to that a little, but not like you'd think. Instead of kowtowing to what we want to hear he uses his podium to teach us how we can use this information to benefit our clients. It really is great stuff.
The FST certification course is a three day course. Day one is spent on the investigation aspect of a DUI stop. It goes through the three phases of a DUI arrest from initial contact through arrest decision. Day two is spent learning how to properly administer the FSTs and recognize the clues. It includes taking and giving the tests, and, in our case, included getting drunk and seeing how good we could do (this was technically after the class had adjourned for the day). Day three is testing day.
One of the more interesting things I learned in this DWI training and DUI training class was that prosecutor's never want to take the course (he offers this course to whoever wants to take it - and I'd recommend everyone take it). That strikes me as really odd, because if winning your DUI case is what you really want to do (and it's what I really want to do), then knowing the weaknesses in your case is as important as knowing the strengths. Plugging up the holes is often half the battle.
In the end, I hope this post makes it to the first page of Google for DUI training, DWI training, and even Platt and Associates. It will prove two points. First, it will prove what a great class this is, for every DUI lawyer in the country. And second, it will prove I know what I'm talking about when it comes to internet marketing (which may be a side business for me some day).
As of today, September 1, two new laws go into force that deal with DWIs in Texas. Section 724.017 of the Transportation Code is now expended to allow more situations where police can do a forced blood draw without a warrant. Mandatory warrantless blood draws are now allowed if a person is arrested for DWI, or BWI, the person refuses to submit to the taking of a specimen volutarily, and: 1) an individual other than the person arrested has suffered bodily injury and was transported to a hospital or other medical facility for medical treatment; 2) the person is arrested for DWI with a child passenger under 15; 3) the officer has reliable information that the person has been previously convicted of DWI two or more times; or 4) the officer has reliable information that the person has been previously convicted of DWI with a child passenger under 15, intoxication assault, or intoxication manslaughter.
The Legislature also tried to give some assurance to the health care providers that actually draw the blood persuant to a blood warrant, or mandatory blood draw. Section 724.017 of the Transportation code was amended to provide protection to those who take blood specimens according to "recognized medical procedures." However, this change in the law DOES NOT relieve a person from lability for negligence in the taking of a blood specimen. And there lies the danger to anyone that takes blood under these intrusive warrant/warrantless blood draws.
The Legislature also tried to give some assurance to the health care providers that actually draw the blood persuant to a blood warrant, or mandatory blood draw. Section 724.017 of the Transportation code was amended to provide protection to those who take blood specimens according to "recognized medical procedures." However, this change in the law DOES NOT relieve a person from lability for negligence in the taking of a blood specimen. And there lies the danger to anyone that takes blood under these intrusive warrant/warrantless blood draws.
All states in the U.S. designate a per se blood or breath alcohol level as the threshold point for an independent criminal offense. A second criminal offense of driving "under the influence" or "while impaired" is also usually charged in most states, with a permissive presumption of guilt where the person's blood alcohol concentration (BAC) is .08% or greater (units of milligrams per deciliter, representing 8 g of alcohol in 10 liters of blood).[4] Some states (e.g., Colorado) include a lesser charge, sometimes referred to as driving while ability impaired (this may apply to individuals with a .05% or above, but less than the .08 per se limit for the more serious charge.[4] Wisconsin, however, is the only state that continues to regard first offense drunk driving arrests as a forfeiture.[5]
The amount of alcohol intake to reach 0.08% may vary with the individual's body composition and state of health
Prior to increased emphasis on drinking and driving in the 1980s, standards of .10-.15% were in place. The legal limit for commercial drivers in New York is set at 0.04%.
The amount of alcohol intake to reach 0.08% may vary with the individual's body composition and state of health
Prior to increased emphasis on drinking and driving in the 1980s, standards of .10-.15% were in place. The legal limit for commercial drivers in New York is set at 0.04%.
Gone are the days when driving under the influence would go unnoticed on the road by neighborhood police.
As the number of accidents related to drunk driving increases on streets and highways, MADD and other advocacy groups continue to fight for state and federal legislation cracking down on DUI (driving under the influence) or DWI (driving while intoxicated) offenders.
Today, throughout the U.S. the strict levels of alcohol you consume before getting in your have been reduced from a legal limit of 0.10 BAC (blood alcohol content) to 0.8 BAC.
Many states even have Zero Tolerance laws prohibiting drivers under 21 from driving a vehicle under the influence of ANY amount of alcohol whatsoever.
A growing number of other states have also passed Administrative License Revocation (ALR) laws, which allow police to seize the license of any drivers who fail or refuse to take a breathalyzer test.
Typically, first-time DUI offenders face lighter penalties (in most states) than repeat offenders, who can face mandatory jail time as well as suspension or complete revocation of their license. Vehicle forfeiture, the legal right to vote or to own a gun may also be part of the DUI penalty equation.
To get back on the road, repeat offenders may often have to attend stringent DUI courses that may entail professional counseling, medical treatment, and/or face-to-face meetings with their accident victims - before getting their license back.
What to do if you're arrested or DUI? Not much, say some experts citing the "zero tolerance" attitude in many communities. A lawyer may help with some issues such as license suspension or revocation, but typically your sentence will not be reduced since DUI penalties are mandatory in most areas.
Elsewhere on the Web, find out more about other penalties drivers face for DUI or DWI offenses, where to find more information on DUI laws in your state, plus related news, statistics and legislation related to Driving Under the Influence ....
DUI FYI - One-stop browsing for information on DUI legislation, punishments for DUI that are common to most states, related news, FAQ, searchable DUI lawyers by state, related links.
State Drunk Driving Laws - Information on the criminal status of drunk driving offenses in all 50 U.S. states including penalties for aggravated drunk driving, repeat offenders, refusing drunk driving tests, and drunk driving with minors.
DUI / DWI Laws - Quick fact sheet with a table illustrating illegal blood alcohol concentration (BAC), license suspension or revocation, vehicle forfeiture, and open container laws in all 50 states.
III - Drunk Driving - Insurance Information Institute report with a sweeping overview of drunk driving legislation in the U.S. including states where statues hold alcoholic beverage servers liable in drunk driving cases.
MADD Online - Stats & Resources - Searchable database of current DUI laws for all 50 states, related statistics on drunk driving & underage drinking.
DUI Blog - California lawyer featuring regular rants on the topic, legal advice and insider information on pitfalls & dangers of presenting a drunk driving defense, current legislation, alcohol level testing, and DUI trends.
As the number of accidents related to drunk driving increases on streets and highways, MADD and other advocacy groups continue to fight for state and federal legislation cracking down on DUI (driving under the influence) or DWI (driving while intoxicated) offenders.
Today, throughout the U.S. the strict levels of alcohol you consume before getting in your have been reduced from a legal limit of 0.10 BAC (blood alcohol content) to 0.8 BAC.
Many states even have Zero Tolerance laws prohibiting drivers under 21 from driving a vehicle under the influence of ANY amount of alcohol whatsoever.
A growing number of other states have also passed Administrative License Revocation (ALR) laws, which allow police to seize the license of any drivers who fail or refuse to take a breathalyzer test.
Typically, first-time DUI offenders face lighter penalties (in most states) than repeat offenders, who can face mandatory jail time as well as suspension or complete revocation of their license. Vehicle forfeiture, the legal right to vote or to own a gun may also be part of the DUI penalty equation.
To get back on the road, repeat offenders may often have to attend stringent DUI courses that may entail professional counseling, medical treatment, and/or face-to-face meetings with their accident victims - before getting their license back.
What to do if you're arrested or DUI? Not much, say some experts citing the "zero tolerance" attitude in many communities. A lawyer may help with some issues such as license suspension or revocation, but typically your sentence will not be reduced since DUI penalties are mandatory in most areas.
Elsewhere on the Web, find out more about other penalties drivers face for DUI or DWI offenses, where to find more information on DUI laws in your state, plus related news, statistics and legislation related to Driving Under the Influence ....
DUI FYI - One-stop browsing for information on DUI legislation, punishments for DUI that are common to most states, related news, FAQ, searchable DUI lawyers by state, related links.
State Drunk Driving Laws - Information on the criminal status of drunk driving offenses in all 50 U.S. states including penalties for aggravated drunk driving, repeat offenders, refusing drunk driving tests, and drunk driving with minors.
DUI / DWI Laws - Quick fact sheet with a table illustrating illegal blood alcohol concentration (BAC), license suspension or revocation, vehicle forfeiture, and open container laws in all 50 states.
III - Drunk Driving - Insurance Information Institute report with a sweeping overview of drunk driving legislation in the U.S. including states where statues hold alcoholic beverage servers liable in drunk driving cases.
MADD Online - Stats & Resources - Searchable database of current DUI laws for all 50 states, related statistics on drunk driving & underage drinking.
DUI Blog - California lawyer featuring regular rants on the topic, legal advice and insider information on pitfalls & dangers of presenting a drunk driving defense, current legislation, alcohol level testing, and DUI trends.
DWI (Driving While Intoxicated) is a serious charge and if you have been arrested for driving while intoxicated you should seek legal help immediately.
Each year, states enact tougher DWI laws and more severe penalties for suspected drunk driving. You could lose your driver's license, be placed in jail and fined substantial fees. Your auto insurance rates may rise and you could end up with a criminal arrest record that could impact your future and your employment opportunities.
Using a drunk driving attorney who focuses specifically on DWI could make a difference in the outcome of your case. This is why it is important to use DWI.com to locate a qualified DWI Attorney in your area.
To locate a DWI Attorney now, use the map above and click on the state where your drunk driving case is located.
Why You Should Use DWI.com
DWI.com is a directory of only DWI Lawyers and DWI Attorneys and it represents some of the most qualified and experienced DWI Attorneys in the United States. The DWI lawyers in the directory, such as Austin DWI lawyers dedicate a majority of their criminal defense practice to DWI defense and understand the drunk driving laws and penalties in your state. It may be possible for a DWI Lawyer to get your case reduced or even dismissed. A Texas DWI or New York DWI can have strong penalties for first time offenders. That is why it is very important that you consult with a DWI lawyer within your state and even county, such as an Austin DWI lawyer, to discuss your options on how to handle your charge of Driving While Intoxicated.
What is a DWI?
DWI (Driving While Intoxicated or Driving While Impaired), DUI (Driving Under the Influence), OVI (Operating a Vehicle Under the Influence), OVWI (Operating a Vessel While Intoxicated), OUIL (Operating Under the Influence Liquor), OUI (Operating Under the Influence), APC (Actual Physical Control), DWAI (Driving While Ability Impaired), BWI (Boating While Intoxicated) and OWI (Operating While Intoxicated) are all different definitions of drunk driving charges in the United States. For example, Texas, New York, New Jersey and North Carolina laws refer to drunk driving as Driving While Intoxicated (DWI), while Florida and California laws refer to drunk driving as Driving Under the Influence (DUI).
All states have adopted drunk driving laws setting the standard for drunk driving or legal intoxication at a BAC (Blood Alcohol Content) level of .08 or higher. Some states will charge you with being impaired even if your BAC level is less then .08. New York will charge you with DWAI if your BAC level is between .05 and .07. Most states have Zero Tolerance Laws for drivers under the age of 21.
Can you lose your Driver's License for a DWI Arrest?
Yes! In fact, most states automatically start proceedings to suspend a person's driver's license immediately after an arrest for suspected DWI. Each state has a different time frame and procedure, but you will lose your license if you do not request a special hearing within a specific number of days after an arrest. In Texas the time frame is 15 days. In Arkansas it is just 7 days. You have one opportunity to keep your driver's license from being suspended. After that, it is difficult to get your license back regardless of the need or circumstances and despite the fact that a court of law may find you innocent. This is another reason why it is important to contact a DWI Attorney immediately and get professional help.
To learn more about DWI laws in your state, use the links below or contact the DWI Lawyers at DWI.com.
DWI Laws by State and Drunk Driving Information
Alabama Georgia Maine Nevada Oregon Virginia
Alaska Hawaii Maryland New Hampshire Pennsylvania Washington
Arizona Idaho Massachusetts New Jersey Rhode Island Washington, D.C.
Arkansas Illinois Michigan New Mexico South Carolina West Virginia
California Indiana Minnesota New York South Dakota Wisconsin
Colorado Iowa Mississippi North Carolina Tennessee Wyoming
Connecticut Kansas Missouri North Dakota Texas
Delaware Kentucky Montana Ohio Utah
Florida Louisiana Nebraska Oklahoma Vermont
All states in the U.S. designate a "per se" blood or breath alcohol level as the threshold point for an independent criminal offense. A second criminal offense of Driving While Intoxicated (DWI), Driving Under the Influence (DUI) or Driving While Impaired (DWI) is also usually charged in most states, with a presumption of guilt where the person's blood alcohol concentration (BAC) is .08% or greater. Several states include a lesser charge if the BAC level is .05% or above but less than .08%. For example, New York DWI Laws state that you will be charged with Driving While Ability Impaired (DWAI). Prior to wider emphasis on drinking and driving in the 1980s, standards of .10-.12% were in place. The legal limit for aircraft pilots and commercial drivers in the U.S. is set at 0.04%. All states observe a stricter standard for drivers under the age of 21, commonly of .01-.02%; these are often referred to as "Zero Tolerance" laws.
Unlike DWI, DUI and Drunk Driving cases that involve alcohol, there is no "per se" or legal limit used for persons accused of driving under the influence of prescription medication or illicit drugs. Instead, the key inquiry focuses on if the driver was impaired by the substance that was consumed. The detection and successful prosecution of drivers impaired by prescription medication (pain killers) or illegal drugs (marijuana) is therefore quite difficult. Similarly, although urinalysis toxicology screens can detect the presence of such substances in the driver's bloodstream, these analysis are unable to demonstrate that the substance was actually causing impairment at the time of driving. In response to these problems, several jurisdictions are currently considering legislation that would establish "zero tolerance" laws for those drivers arrested for DWI, DUI or Drunk Driving and found to have drugs or medication in their system. Additionally, manufactures have created new models of breathalyzers designed to administer roadside or laboratory tests that can detect the actual level of a controlled substance in an individual's body.
Many jurisdictions including Texas DWI Laws and New York DWI Laws require more serious penalties (i.e., jail time, large fines, longer DWI program, the installation of ignition interlock devices, administrative fees to maintain your driver license) in cases where the driver's Blood Alcohol Content (BAC) is over 0.20, or 0.15. These additional sanctions are an attempt to deter and punish the operation of a vehicle at extremely high BAC levels and the concurrent danger posed to the safety of persons and property by heavily impaired drivers. In many cases, the reason given for these additional sanctions is that an average person would have passed out from that much alcohol. To be able to drive at that level, an individual must have a regular history of being drunk for years to increase their alcohol tolerance to this level, and therefore is likely to have driven drunk repeatedly.
While there are currently no standard tests to measure alcohol tolerance, proponents of high-BAC additional penalties point to some studies that indicate that high-BAC offenders are more likely to be involved in a crash and more likely to recidivate. Critics of such laws point out that, due to the wide variation of alcohol tolerance, people with a high tolerance will suffer the additional penalties, even though they may be much less impaired than people with a low tolerance that were driving with a much lower BAC.
Some U.S. states also increase the penalties for DWI or drunk driving (even to the point of making it a felony) if certain other aggravating circumstances besides a very high BAC are present. For example, if the drunk driver caused an accident requiring the hospitalization of another person lasting greater than a specified period of time (often 72 hours), in cases where an accident resulted in property damage exceeding a certain amount (often $500), or where the driver has prior (and relatively recent) convictions for drunk driving. In addition, most states observe administrative laws that further penalize people convicted of DUI or DWI, typically enforced by the department that issues driver's licenses, usually titled Department of Motor Vehicles (DMV), or Department of Licensing.
Underage Drinking and Driving - Zero Tolerance Laws
Also, in many states, persons under 21 who purchase, or even attempt or conspire to purchase, alcohol can have their driving privileges suspended (if they already are licensed drivers) or delayed (if not) even if they were not caught actually driving while intoxicated. These laws, referred to as "Zero Tolerance Laws", are based on the belief that restricting alcohol availability and increasing sentencing based on damage done is contrary to all the evidence available from other jurisdictions. Australia and the UK have higher alcohol consumption rates, lower ages for alcohol consumption much lower sentencing regimes for DUI Manslaughter – and much lower incidences of DUI or DWI.
Each year, states enact tougher DWI laws and more severe penalties for suspected drunk driving. You could lose your driver's license, be placed in jail and fined substantial fees. Your auto insurance rates may rise and you could end up with a criminal arrest record that could impact your future and your employment opportunities.
Using a drunk driving attorney who focuses specifically on DWI could make a difference in the outcome of your case. This is why it is important to use DWI.com to locate a qualified DWI Attorney in your area.
To locate a DWI Attorney now, use the map above and click on the state where your drunk driving case is located.
Why You Should Use DWI.com
DWI.com is a directory of only DWI Lawyers and DWI Attorneys and it represents some of the most qualified and experienced DWI Attorneys in the United States. The DWI lawyers in the directory, such as Austin DWI lawyers dedicate a majority of their criminal defense practice to DWI defense and understand the drunk driving laws and penalties in your state. It may be possible for a DWI Lawyer to get your case reduced or even dismissed. A Texas DWI or New York DWI can have strong penalties for first time offenders. That is why it is very important that you consult with a DWI lawyer within your state and even county, such as an Austin DWI lawyer, to discuss your options on how to handle your charge of Driving While Intoxicated.
What is a DWI?
DWI (Driving While Intoxicated or Driving While Impaired), DUI (Driving Under the Influence), OVI (Operating a Vehicle Under the Influence), OVWI (Operating a Vessel While Intoxicated), OUIL (Operating Under the Influence Liquor), OUI (Operating Under the Influence), APC (Actual Physical Control), DWAI (Driving While Ability Impaired), BWI (Boating While Intoxicated) and OWI (Operating While Intoxicated) are all different definitions of drunk driving charges in the United States. For example, Texas, New York, New Jersey and North Carolina laws refer to drunk driving as Driving While Intoxicated (DWI), while Florida and California laws refer to drunk driving as Driving Under the Influence (DUI).
All states have adopted drunk driving laws setting the standard for drunk driving or legal intoxication at a BAC (Blood Alcohol Content) level of .08 or higher. Some states will charge you with being impaired even if your BAC level is less then .08. New York will charge you with DWAI if your BAC level is between .05 and .07. Most states have Zero Tolerance Laws for drivers under the age of 21.
Can you lose your Driver's License for a DWI Arrest?
Yes! In fact, most states automatically start proceedings to suspend a person's driver's license immediately after an arrest for suspected DWI. Each state has a different time frame and procedure, but you will lose your license if you do not request a special hearing within a specific number of days after an arrest. In Texas the time frame is 15 days. In Arkansas it is just 7 days. You have one opportunity to keep your driver's license from being suspended. After that, it is difficult to get your license back regardless of the need or circumstances and despite the fact that a court of law may find you innocent. This is another reason why it is important to contact a DWI Attorney immediately and get professional help.
To learn more about DWI laws in your state, use the links below or contact the DWI Lawyers at DWI.com.
DWI Laws by State and Drunk Driving Information
Alabama Georgia Maine Nevada Oregon Virginia
Alaska Hawaii Maryland New Hampshire Pennsylvania Washington
Arizona Idaho Massachusetts New Jersey Rhode Island Washington, D.C.
Arkansas Illinois Michigan New Mexico South Carolina West Virginia
California Indiana Minnesota New York South Dakota Wisconsin
Colorado Iowa Mississippi North Carolina Tennessee Wyoming
Connecticut Kansas Missouri North Dakota Texas
Delaware Kentucky Montana Ohio Utah
Florida Louisiana Nebraska Oklahoma Vermont
All states in the U.S. designate a "per se" blood or breath alcohol level as the threshold point for an independent criminal offense. A second criminal offense of Driving While Intoxicated (DWI), Driving Under the Influence (DUI) or Driving While Impaired (DWI) is also usually charged in most states, with a presumption of guilt where the person's blood alcohol concentration (BAC) is .08% or greater. Several states include a lesser charge if the BAC level is .05% or above but less than .08%. For example, New York DWI Laws state that you will be charged with Driving While Ability Impaired (DWAI). Prior to wider emphasis on drinking and driving in the 1980s, standards of .10-.12% were in place. The legal limit for aircraft pilots and commercial drivers in the U.S. is set at 0.04%. All states observe a stricter standard for drivers under the age of 21, commonly of .01-.02%; these are often referred to as "Zero Tolerance" laws.
Unlike DWI, DUI and Drunk Driving cases that involve alcohol, there is no "per se" or legal limit used for persons accused of driving under the influence of prescription medication or illicit drugs. Instead, the key inquiry focuses on if the driver was impaired by the substance that was consumed. The detection and successful prosecution of drivers impaired by prescription medication (pain killers) or illegal drugs (marijuana) is therefore quite difficult. Similarly, although urinalysis toxicology screens can detect the presence of such substances in the driver's bloodstream, these analysis are unable to demonstrate that the substance was actually causing impairment at the time of driving. In response to these problems, several jurisdictions are currently considering legislation that would establish "zero tolerance" laws for those drivers arrested for DWI, DUI or Drunk Driving and found to have drugs or medication in their system. Additionally, manufactures have created new models of breathalyzers designed to administer roadside or laboratory tests that can detect the actual level of a controlled substance in an individual's body.
Many jurisdictions including Texas DWI Laws and New York DWI Laws require more serious penalties (i.e., jail time, large fines, longer DWI program, the installation of ignition interlock devices, administrative fees to maintain your driver license) in cases where the driver's Blood Alcohol Content (BAC) is over 0.20, or 0.15. These additional sanctions are an attempt to deter and punish the operation of a vehicle at extremely high BAC levels and the concurrent danger posed to the safety of persons and property by heavily impaired drivers. In many cases, the reason given for these additional sanctions is that an average person would have passed out from that much alcohol. To be able to drive at that level, an individual must have a regular history of being drunk for years to increase their alcohol tolerance to this level, and therefore is likely to have driven drunk repeatedly.
While there are currently no standard tests to measure alcohol tolerance, proponents of high-BAC additional penalties point to some studies that indicate that high-BAC offenders are more likely to be involved in a crash and more likely to recidivate. Critics of such laws point out that, due to the wide variation of alcohol tolerance, people with a high tolerance will suffer the additional penalties, even though they may be much less impaired than people with a low tolerance that were driving with a much lower BAC.
Some U.S. states also increase the penalties for DWI or drunk driving (even to the point of making it a felony) if certain other aggravating circumstances besides a very high BAC are present. For example, if the drunk driver caused an accident requiring the hospitalization of another person lasting greater than a specified period of time (often 72 hours), in cases where an accident resulted in property damage exceeding a certain amount (often $500), or where the driver has prior (and relatively recent) convictions for drunk driving. In addition, most states observe administrative laws that further penalize people convicted of DUI or DWI, typically enforced by the department that issues driver's licenses, usually titled Department of Motor Vehicles (DMV), or Department of Licensing.
Underage Drinking and Driving - Zero Tolerance Laws
Also, in many states, persons under 21 who purchase, or even attempt or conspire to purchase, alcohol can have their driving privileges suspended (if they already are licensed drivers) or delayed (if not) even if they were not caught actually driving while intoxicated. These laws, referred to as "Zero Tolerance Laws", are based on the belief that restricting alcohol availability and increasing sentencing based on damage done is contrary to all the evidence available from other jurisdictions. Australia and the UK have higher alcohol consumption rates, lower ages for alcohol consumption much lower sentencing regimes for DUI Manslaughter – and much lower incidences of DUI or DWI.
Although alcohol-related traffic deaths continue to decline, as they have for decades, driving while intoxicated (DWI) or impaired (DUI) continue to be a serious problem. Internet resources are listed by category:
1. General Overview
2. DWI/DUI Issues
3. DWI/DUI Statistics
4. Judges/Courts/Laws
5. Prevention/Treatment
I. General Overviews of some of the issues surrounding DWI/DUI are found in
* What is Impairment?
* Alcohol as a Cause of Traffic Crashes
* DWI/DUI Facts and Fiction: Urban Myths
* Breathalyzer Accuracy Facts and Information
II. DWI/DUI Issues are addressed in
* Unreliable Alcohol Breath Tests in DWI/DUI Court Cases
* Alcohol-Related Traffic Crashes: A Cause
* Drugged Driving Safer than Drunk Driving?
* You Drink and Drive. You Lose
* Drunken Driving... Predictable, but Inevitable?
* Let Them Drink. Don’t Let them Drink and Drive
* Alcohol-Related Traffic Fatalities: Redistributing Death
* Drinker Tells doctor, Loses Driver’s License
* Drinking and Drugged Driving
* Death Penalty for DWI Offenders Proposed
* Alcohol and Driving Skills
III. DWI/DUI Statistics can be found in
* Intoxicated Driver Statistics
* Alcohol Consumption and Traffic Crashes
* Highway Traffic Fatality Statistics
* Alcohol-Related Traffic Crashes and Drunk Drivers
* Alcohol-Related Traffic Fatalities
* Alcohol-Related Doesn’t Equal Alcohol Caused
* Alcohol-Related Injuries and Fatalities
* Alcohol-Related Trafic Fatalities Drop
IV. Judges/Courts/Laws are the focus of these reports:
* DWI/DUI Laws of US States
* DWI/DUI Sobriety Road Blocks or Checkpoints
* Breathalyzer Accuracy and DWI/DUI Conviction Rates
* “Tough” and “Lenient” DWI/DUI Judges
* Tongue Studs and Breathalyzer Tests
* DUI/DWI and Soft Judges
V. Treatment/Prevention of DWI/DUI
* DWI/DUI Courts Work
* Protect Yourself from Drunk Drivers
* A Creative Approach to Reducing Drunken Driving
* Drunk Driving: We Can Prevent It
* Doctors for Designated Driving
* Improving Vehicle Safety
* Impaired Driving Prevention Program
* Confiscating Drivers Licenses and Fake IDs
1. General Overview
2. DWI/DUI Issues
3. DWI/DUI Statistics
4. Judges/Courts/Laws
5. Prevention/Treatment
I. General Overviews of some of the issues surrounding DWI/DUI are found in
* What is Impairment?
* Alcohol as a Cause of Traffic Crashes
* DWI/DUI Facts and Fiction: Urban Myths
* Breathalyzer Accuracy Facts and Information
II. DWI/DUI Issues are addressed in
* Unreliable Alcohol Breath Tests in DWI/DUI Court Cases
* Alcohol-Related Traffic Crashes: A Cause
* Drugged Driving Safer than Drunk Driving?
* You Drink and Drive. You Lose
* Drunken Driving... Predictable, but Inevitable?
* Let Them Drink. Don’t Let them Drink and Drive
* Alcohol-Related Traffic Fatalities: Redistributing Death
* Drinker Tells doctor, Loses Driver’s License
* Drinking and Drugged Driving
* Death Penalty for DWI Offenders Proposed
* Alcohol and Driving Skills
III. DWI/DUI Statistics can be found in
* Intoxicated Driver Statistics
* Alcohol Consumption and Traffic Crashes
* Highway Traffic Fatality Statistics
* Alcohol-Related Traffic Crashes and Drunk Drivers
* Alcohol-Related Traffic Fatalities
* Alcohol-Related Doesn’t Equal Alcohol Caused
* Alcohol-Related Injuries and Fatalities
* Alcohol-Related Trafic Fatalities Drop
IV. Judges/Courts/Laws are the focus of these reports:
* DWI/DUI Laws of US States
* DWI/DUI Sobriety Road Blocks or Checkpoints
* Breathalyzer Accuracy and DWI/DUI Conviction Rates
* “Tough” and “Lenient” DWI/DUI Judges
* Tongue Studs and Breathalyzer Tests
* DUI/DWI and Soft Judges
V. Treatment/Prevention of DWI/DUI
* DWI/DUI Courts Work
* Protect Yourself from Drunk Drivers
* A Creative Approach to Reducing Drunken Driving
* Drunk Driving: We Can Prevent It
* Doctors for Designated Driving
* Improving Vehicle Safety
* Impaired Driving Prevention Program
* Confiscating Drivers Licenses and Fake IDs
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