Dui Arrest

Knowing Your Rights at the Scene of a Dui Arrest

There are few more helpless and frightening feelings than when you are being pulled over on suspicion of driving while intoxicated. Amidst the chaos and fear, however, it is important to remember that you do have rights. And while no one expects you to possess the knowledge of an experienced Arizona DUI attorney in that stressful moment, knowing your rights will go a long way if you are stopped and charged with driving while intoxicated. The Law Offices of Craig W. Penrod would like to remind you not only to seek qualified legal representation in the form of an experienced Arizona DUI lawyer, but to protect yourself at the scene by remembering and applying these helpful tips.

If you are pulled over on suspicion of DUI, you can expect to be questioned and to be asked to perform any number of field sobriety tests. At this point you should immediately ask to call an attorney. Our office has a 24-hour help line that will allow you to seek advice that can help you protect against incriminating yourself at the time of your arrest. If you are denied your right to consult with an attorney at the time of your arrest, it is a violation of your constitutional rights which could result in the dismissal of your case.

When pulled over always remember that you have the right to remain silent. Other than your name and address, you are not required to answer any questions asked of you, as they will no doubt be questions designed to incriminate you. You will be required to produce identification, registration and proof of insurance, and are required to submit to an analysis of your blood, breath or urine. You are not required to do anything else. You are not required to perform physical or field sobriety tests or submit to the “eye” test. If asked to do so, politely decline.

You have the right to refuse any field sobriety tests or other physical tests, and with good reason. The results of field sobriety tests are dependent upon a number of factors (height, weight, medical conditions, weather and lighting conditions, etc.) and not an exact science. Add the stress of the situation and the odds of passing such tests are exceedingly low. Say no to all requests for such tests; it’s your right and by far your best bet.

Remember that your first move when pulled over for suspicion of DUI is to ask to speak to an attorney. If you don’t know the number of an attorney, the officer must provide you with a phone book so that you may find one. Making this one simple phone call will allow you the lifeline you need to know what to do and what not to do at the scene, and how to protect your rights in an adverse situation

Rob Briley DUI Arrest Video (Part I)

I Plead Insanity Men’s tee Shirt in 12 colors Small thru 6XL …

Stop Animal Experiments, Use Lawyers Men’s tee Shirt in 12 colors Small thru 6XL …

Trust Me I’m An Attorney Men’s Tee Shirt in 12 colors Small thru 6XL …

Drunk Driving Defense: How to Beat the Rap $9.95 This book is the ultimate answer to any DUI / DWI / OWI or drunk driving charge. Discover all the secret investigative techniques that are used by law enforcement officers to trick motorists into incriminating themselves and getting a drunk driving conviction. Learn all the insider information about classified legal tactics that are used by prosecutors to get drunk driving convictions. Everythi…

How to Avoid A Drunk Driving Arrest and Conviction $9.99 This book provides you with proven strategies for avoiding trouble and gives you the facts you need to navigate the legal system. You’ll get the tools and insight necessary to protect yourself from the cops and lawyers you will undoubtedly face during your driving years. You will also learn everything you need to know about DUIs, including the two basic but crucial rights that you must know and ap…

Minnesota Drunk Driving

Automobile Safety For Children

Automobile accidents are responsible for the injury or death or thousands of children and young adults each year. Many of these events could be prevented by proper use of seat belts and other safety features of cars.

Outside of a car, it is important for children to know how dangerous moving vehicles can be. When playing outside, never chase balls or other objects into the street without looking for traffic, and never run between parked cars into the street as it is hard for drivers to see over them. Teaching children these behaviors at a young age is an excellent way to prevent accidents in the future.

In the car, there are a set of effortless rules that new drivers and young passengers should always follow. The way to prevent most serious injuries is to simply always buckle up. Even if no one else in the car is wearing one and the trip is just around the block, it is important to wear one regardless. In a case like this, it wouldn’t hurt to insist that everyone else buckle up as well to ensure their safety.

When wearing a seatbelt, older children should be tall enough to sit without slouching with their feet on the floor. The lap-shoulder belt system will not fit most children until they are about 4′9″ tall and weigh about 80 pounds. The lap portion of the belt should fit low and tight across the upper thighs, while the shoulder portion should fit over the shoulder and chest. Although it may be more comfortable, never put the shoulder belt under the arm or behind the back of the child.

Reckless behavior in and around automobiles is also a large contributor to the injury and death rate. Never stick arms, legs, or any other body part out of the window of a moving car. If another vehicle is passing too close it could cause serious injury. One of the most dangerous but easily preventable behaviors is drunk driving. Never try to drive after drinking, and never ride with anyone who has been drinking. It is important to always have a designated driver, or at least someone to keep keys hidden.

New and young drivers cause many of the accidents because they may have not yet learned how to handle a car properly, may drive at speeds to fast for the conditions, and are more likely to perform risky behaviors. Although they are commonly given a negative image, being a back-seat driver can save lives by telling a reckless driver to be more attentive or to slow down.

Concerning very young children, there is even more information to be aware of related to accidents and safety. Generally, the back seat is the safest place in a car accident, and any child under 12 years should ride there, especially if the vehicle has a passenger side are bag. Infants should be placed in rear facing car seats in the back seat until at least 1 year of age or around 20 lbs. Forward facing seats are acceptable after this point. In either case, always read the child restraint manual for proper and effective installation and use. It is recommended that children use a safety seat until at they are at least 40 pounds and then use a booster seat that will help the lap-shoulder system fit well.

It is important to remember that injury or death from an automobile accident can happen to anyone, not just children and younger drivers. Always promote safe behaviors near roads, behind the wheel, and also the lifesaving benefits of using safety belts and child safety seats correctly.

Copyright © Schwebel Goetz and Sieben

Drunk Elf DWI Arrest — Over the Limit. Under Arrest

Administrative license revocation for drunk drivers: Options and choices in three states …

1993 DWI prosecutors update …

DWI forfeitures in Minnesota …

Alaska Dui Laws

The Social Driver’S Guide To Avoiding Dui In Alaska

This was the subject of a talk radio show I listened to last week. So how can you go out to dinner with your family, enjoy some beer or wine with dinner, and not risk getting pulled over for driving under the influence (DUI)? Since the laws for a DUI in Alaska state that a blood alcohol concentration (BAC) of .08% is legally drunk, that’s the limit you’ll want to avoid reaching.

1. Get a babysitter! If you are arrested for DUI in Alaska, the case will become aggravated if there is a minor in the vehicle. The cost of a good babysitter is far less than any aggravated dui penalties.

2. Limit your drinking before you eat. If you drink on an empty stomach, your body will absorb the alcohol more quickly, and the quicker you’ll reach a BAC of .08%.

3. Don’t rush. Eat and drink slowly – make it a long, relaxing, enjoyable meal. Your body needs one hour to metabolize each alcoholic drink.

4. Know how much alcohol it will take for your particular body to reach a BAC of .08%. Take your height and weight into account when you’re deciding how much to drink. Calculating when to stop drinking is not an exact science when you factor in the fact that everyone’s metabolism is different. However, a 100-pound woman can reach a BAC of .08% with just two drinks, whereas a 180-pound man won’t reach .08% until four drinks.

5. Don’t mix alcohol with new medications. Certain medications and alcohol do not mix. If you’re on a new medication, don’t pick that night to go out to dinner and find out the hard way.

6. Pick a restaurant close to home! The closer you are to home the better.

7. If you had a dui arrest less than 10 years ago, have your spouse drive home. Since Alaska has a 10-year look-back period, another conviction may constitute aggravated dui, which means additional jail time and stiffer fines.

8. If you do experience a dui stop, DO NOT REFUSE A CHEMICAL TEST. The consequences of a refusal are worse than the consequences of a dui conviction.

9. Buy a breathalyzer – they’re available online. You and your spouse can each blow and see who has the lower BAC. If you both are at .08% or above, see 10. below.

10. Call a friend or call a cab and avoid becoming a victim of DUI. The fare will be much, much lower than a ticket, an arrest or, worse yet, a dui accident – they’ll really throw the book at you then.

DUI Various Paths Aug 09

Arizona Drunk Driving

What Does it Mean When the Police Say You Were Driving Under the Influence in Arizona?

When the government charges someone with a misdemeanor DUI in Arizona, there are a number of charges that come along with it.  There is usually never just a single Arizona DUI charge. This is why it is so critical to hire a competent Arizona DUI lawyer.

The first charge is driving under the influence.  What that means is the government is alleging the defendant was driving a motor vehicle, and while driving, the driver was under the influence of alcohol or drugs to at least the slightest degree.  With is charge, called driving under the influence, the driver’s blood alcohol concentration is irrelevant.    The government can convict you even with a minimal amount of alcohol in your system. In other words, you did not have to be above the legal limit of alcohol, which is .08 in Arizona, the state to convict you of driving under the influence.  Ironically, if you have a very good tolerance to alcohol you could potentially beat this charge by saying your high tolerance allowed you to drive without any affect, regardless of how high the blood alcohol concentration actually was. If the state convicts you of this charge, the minimum time in jail is one day in custody. In a driving under the influence charge only, the blood test results by themselves are not dispositive.  The first kind of evidence the government will use is the police officer’s observations. All officers in Arizona are certified peace officers, and they all have taken certain courses in DUI investigations. These courses are all standardized NHTSA (National Highway Traffic Safety Administration) classes, the same across the country. The police officer will testify as to how he saw the accused drive and how he saw the accused behaved once he got out of the car. The testimony is always right out of the NHTSA playbook, practically memorized. The police officer will testify to no end how the accused exhibited the NHTSA “nighttime driving cues of impairment.” That is just copspeak for “he looked like he was driving drunk.”  Next, the police officer will testify about the field sobriety tests, or FSTs. According to NHTSA, the FSTs are standardized and are a reliable way to determine if someone has had too much to drink. The tests typically include the horizontal gaze nystagmus, the walk and turn, and the one legged stand. Allegedly, these tests are validated.

The second count in a typical misdemeanor Arizona DUI case is called the per se charge. This charge means your blood alcohol concentration was above the legal limit.  In these sorts of cases, the blood test results are usually dispositive.  For non-extreme DUI charge, the legal limit is 08. For an extreme DUI charge  the legal limit is .15.  The per se charge means that regardless of how high your alcohol tolerance is, you drank so much alcohol that it increased your blood alcohol concentration above the legal limit.  It does not matter for the per se charge that the alcohol you drank did not affect your ability to drive.  If the state convicts you of the first per se charge, ie, blood alcohol concentration above the .08, the minimum time in jail if one day in custody. If the state convicts you of the extreme DUI charge, the minimum time in jail 30 days in custody. With any DUI conviction, even for a first offense, you must have an interlock device for at least 12 months after you get your license reinstated.

Importantly, even if the state convicts you on all three counts, that does not mean you have a three DUI convictions on your record. As long as it is for the same DUI stop, it is only one Arizona DUI conviction.

If you have been charged with a DUI, please contact the Law Office of Vladimir Gagic for a free initial consultation regarding your case.

Arizona DUI Help

The prosecution alternative to court trial (Pact) program: An innovative response to the problem of DWI adjudication in Phoenix, Arizona …

A review of the Arizona Department of Public Safety roadblock operations for Labor Day, 1982 …

Administrative per se DWI in Wisconsin and Arizona …

California Drunk Driving

How Effective is the Ignition Interlock Device in Preventing Drunk Driving?

Over the past few decades there have been many preventive measures implemented to reduce the risks of drunk driving. The courts and motor vehicle departments have used traditional countermeasures such as fines, jail terms, and license suspensions to control drunk driving offenders. Now there are instruments like the ignition interlock device (IID) that are being used as punishment. However, the question that lawmakers have been asking is: How effective is the IID? Has it indeed lowered the reoccurrences of drunk driving in repeat offenders?

IIDs are instruments installed in automobiles that measure the alcohol on a driver’s breath. The driver provides a breath sample and if the IID detects alcohol, the car will not start. IIDs were developed and have been researched since the 1960s, however, it wasn’t until recently that these instruments have been used and accepted by the courts. California was the first state to enact legislation that authorized judges to order DUI offenders to install IIDs. California was also the first state in which the ignition interlock program was evaluated.

There have been a few studies in various states to determine whether or not IIDs are effective in reducing DUIs. The results of these studies have been mixed, although most of the results suggested that IIDs have reduced DUI reoccurrences in offenders. That’s only if the instrument remains in the car. However, once the IID is removed from the car, the chances of another DUI incident occurring goes back up. This suggests that IIDs are not going to actually change people’s behavior. It only prevents them from driving their own car when they’re drunk. They’re going to continue to drink whether or not the instrument is installed.

In September 2005 a study released by the Department of Motor Vehicles (DMV) in California concluded that IIDs can be effective at reducing the occurrence of subsequent DUIs. Unfortunately, judges have not always ordered DUI offenders to install an IID in their car. Technically, the IID is effective, but it’s the actual program that is not effective.

Based on the results of this September 2005 study, the researchers offered these recommendations to improve the program:

1. An improved monitoring system for DUI offenders ordered by judges to install an IID. It’s important for the courts to be consistent because installing the device does have a significant effect in reducing DUIs.

2. Allow second DUI offenders the chance to reinstate their driver’s license if they install the IID in their vehicle. This gives repeat offenders incentive to put in the device if the court does not mandate it. Another way to encourage offenders to install an IID is to reduce the period of license suspension.

3. Impound the vehicle of a person who is caught without an IID in their car. This applies to those people restricted to driving an IID-equipped vehicle.

4. Investigate the barriers to the use of the IID and find more effective programs to implement these devices. The DMV should have the responsibility of leading this task force and finding the resources to fund it.

5. Do not emphasize the use of the IID for first-time offenders. Currently there is no evidence that the device is effective at reducing the reoccurrence of a DUI in first-time offenders.

6. Continue to support the law that requires judges to order DUI offenders to install the IID in their vehicle.

The ignition interlock device is not going to be the key to completely wipe out drunk driving. However, preventative measures combined with consistent action is a step in the right direction.

Lawrence Taylor, California DUI Attorney Interview (1 of 13)

Sudden Silence $6.95 Jesse Harmon is tortured by guilt because he survived the hit-and-run accident that killed his brother, Bry. His guilt is compounded when he finds he is attracted to Bry’s girlfriend, Chloe. Together Jesse and Chloe try to track down the drunk driver who killed Bry–but discovering the driver’s identity leads to other disturbing truths. …

California drunk driving defense $139.15 …

Strategies for Defending DUI Cases in California: Leading Lawyers on Understanding the DMV’s Involvement in the Case, Reviewing Settlement Options, and … Your Client for Court (Inside the Minds) $60.00 Strategies for Defending DUI Cases in California is an authoritative, insider’s perspective on the best practices for mounting a defense against DUI charges in the state of California. Featuring partners and shareholders from some of the state s leading defense firms, these experts guide the reader through the most successful techniques for defending your client against a DUI charge, including uti…