Drunk Driving & DUI Never Again

Legal Notice

This site is not legal advice, laws vary from state to state, therefore you should not rely on this blog, instead, ask a lawyer in your state for advice on DUI arrest questions. Hiring a lawyer is an important decision that should not be based upon advertisements. Ask your lawyer for a written summary of their qualifications and experience. This blog is not an advertisement seeking clients for legal representation.  

PLAN AHEAD TO AVOID A DUI ON NEW YEARS EVE

You don't want a DUI on new years eve, it is not the greatest way to start the new year.  It is expensive and will land you in jail for the night, keep you from driving for six months to a year, and cost thousands of dollars, give you a pemanent criminal record,  not to mention it will not be a good way to start out the new year.  Here are some tips to help avoid a DUI and a bad new years eve. Call a cab early, about an hour in advance of when you want the cab to arrive to pick you up. It is a good idea to program the phone numbers of several cab companies into your phone before you leave the house, that way you will have them handy when you need a cab to get home.  Another option is to hire a limo for the entire evening. The limo will cost you possibly $500 or more, but a DUI will cost significantly more, several thousand dollars, plus a criminal record, loss of license, etc.  A limo will pick you up at your door, drive you from bar to bar, wait for you in the parking lot and bring you back home at the end of the night. If you have serveral friends with you the cost of the limo can be divided and end up costing you very little.  Consider a designated driver, perhaps someone that gave up drinking but would enjoy going out on new years eve. Public transportation is also an option and the bus lines including trolley bus lines will be running on new years eve.  Keep this in mind, you can get a DUI for just sitting behing the wheel of a car, even if the car is not running, so avoid getting behind the wheel of any car if you have been drinking. You can also get a DUI on a bicycle so leave the bike at home.  Have a safe and happy new years eve. 

DUI CHECKPOINTS - WHAT YOU NEED TO KNOW

Sobriety Checkpoint Laws

August 2011

Sobriety checkpoints (also called DUI checkpoints) are locations where law enforcment officers are stationed to check drivers for signs of intoxication and impairment. Many jurisdictions utilize sobriety checkpoints as part of their larger drunk driving deterrance program.

Due to legal issues surrounding their use, not all states conduct sobriety checkpoints. Some states have laws authorizing their use. Others forbid them or are silent on the issue.

Learn More About Drunk Driving

State Laws
Drunk Driving
Drug Impaired Driving

Issue Brief

Survey of the States Published 2001

Drunk Driving. Over the Limit. Under Arrest.

Related Links

States with no explicit statutory authority may or may not conduct checkpoints. In many states, the judiciary has stepped in to uphold or restrict sobriety checkpoints based on interpretation of state or federal Constitutions.

• 38 states, the District of Columbia, the Northern Mariana Islands and the Virgin Islands conduct sobriety checkpoints.
• In 12 states, sobriety checkpoints are not conducted.
  • In 5 states, they are are prohibited either explicitly by state law or by interpretation of state law
  • They are illegal under the state Constitution in another 5 states.
  • Texas prohibits them based on the its interpretation of the U.S. Constitution.
  • Alaska lacks state authority to conduct them.

State	Checkpoints Conducted?	Frequency	Legality
Alabama	Yes	Throughout the year	Upheld under federal Constitution
Alaska	No		No state authority
Arizona	Yes	At least once per month	Upheld under federal Constitution
Arkansas	Yes	Weekly	Upheld under state and federal Constitution
California	Yes	Once or twice a month	Upheld under state and federal Constitution
Colorado	Yes	Once or twice a month	Upheld under state and federal Constitution
Connecticut	Yes		Upheld under state Constitution
Delaware	Yes	Monthly January to June; weekly July through December	Upheld under state law and federal Constitution
D.C.	Yes	Once or twice a month	Upheld under federal Constitution
Florida	Yes	Between 15-20 per month	Upheld under federal Constitution
Georgia	Yes	Weekly	Upheld under state and federal Constitution
Hawaii	Yes	Weekly	Authorized by statute
Idaho	No		Illiegal under state law
Illinois	Yes	Several hundred per year	Upheld under federal Constitution
Indiana	Yes		Upheld under state Constitution
Iowa	No		Not permitted - statute authorizing roadblock controls does not authorize sobriety checkpoints
Kansas	Yes	Once or twice a month	Upheld under state law and federal Constitution
Kentucky	Yes	Weekly	Upheld under federal Constitution
Louisiana	Yes		Upheld under state Constitution
Maine	Yes		Upheld under federal Constitution
Maryland	Yes	Weekly	Upheld under state and federal Constitution
Massachusetts	Yes	Year round	Upheld under state and federal Constitution
Michigan	No		Illegal under state Constitution
Minnesota	No		Illegal under state Constitution
Mississippi	Yes	Weekly	Upheld under federal Constitution
Missouri	Yes	Once or twice a month	Upheld under state and federal Constitution
Montana	No		Statute permits only safety spotchecks
Nebraska	Yes	6 - 10 per month	Upheld under state law
Nevada	Yes	Once or twice a month	Authorized by statute
New Hampshire	Yes	Weekly, weather permitting	Authorized by statute (must be judicially approved)
New Jersey	Yes	Once or twice a month	Upheld under state and federal Constitution
New Mexico	Yes		Upheld under state and federal Constitution (law enforcement must follow guidelines)
New York	Yes	Weekly	Upheld under federal Constitution
North Carolina	Yes	Weekly	Authorized by statute
North Dakota	Yes		Upheld under state and federal Constitution
Northern Mariana Islands	Yes	Twice a month
Ohio	Yes	Year round	Upheld under state and federal Constitution
Oklahoma	Yes	Once or twice a month	Upheld under state and federal Constitution
Oregon	No		Illegal under state Constitution
Pennsylvania	Yes	Several hundred per year	Upheld under state and federal Constitution
Rhode Island	No		Illegal under state Constitution
South Carolina	Yes		No state authority
South Dakota	Yes	Weekly	Upheld under state and federal Constitution
Tennessee	Yes	Once or twice a month	Upheld under state and federal Constitution
Texas	No		Illegal under Texas' interpretation of federal Constitution
Utah	Yes	About every other month	Authorized by statute
Vermont	Yes	Weekly	Upheld under state and federal Constitution
Virgin Islands	Yes	Monthly and during national mobilizations and local festivals and carnivals
Virginia	Yes	Weekly	Upheld under state and federal Constitution
Washington	No		Illegal under state Constitution
West Virginia	Yes	Weekly	Upheld under state and federal Constitution
Wisconsin	No		Prohibited by statute
Wyoming	No		Prohibited by interpretation of roadblock statute
Total States	38 + D.C., Northern Mariana Islands, Virgin Islands

 

Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.

Disclaimer: The information on this page is for general information purposes only and is not to be considered legal authority. For clarification on any law, consult the appropriate State Highway Safety Office.

Can I Get A DUI Just Sitting in The Car?

Yes, you can be arrested for DUI for just sitting in the car. If you have been drinking and feel that you may be over the limit  (.08 BAC) do not get behind the wheel of a car, even if the motor is not running. The law is APC or actual physical control, and the theory is that if you have the ability to operate the vehicle, by being behind the wheel and having the keys, then you are considered to be in actual physical control of the vehicle. If you had too much to drink dont take a nap  in the car, you can get a DUI for being asleep in the car too.  I remember one time a client had too much to drink, and decided to lock up her car and leave it at the bar, and ride home with friends.  She went out to lock up the car and get her purse, and as she opened the drivers side door with the keys in her hand, she was arrested and charged with DUI under the actual physical control law, and ended up being convicted.  If you had too much to drink, do not go anywhere near your car, and give the keys to someone else.

Be Safe Out There.

Can I Get A DUI If I'm Not Drinking? - DUI Tip of the Day

The answer is yes, you can get a DUI even if you are not drinking.  In Florida the law is DUI, or driving under the influence, and not DWI, driving while intoxicated. The State does not have to prove you were drinking, or drunk.  Many people were surprised to find that you can be charged with DUI if you were smoking pot, or taking prescription pain pills.  These substances can have the effect of impairing your ability to drive a car, and when you are suspected of DUI but have no alcohol in your system as evidenced by a .00/.00 breath reading, then the police officer will ask for a urine test or blood test to determine if you are being affected by drugs or medication.  The moral of this story is do not drive if you have smoked pot, taken street drugs, or prescription medications that could impair your ability to drive.

Be safe  out there!

Drinking On An Empty Stomach - DUI Tip Of The Day

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There is a general rule that you can safely consume one drink per hour, and that your body will eliminate one drink per hour.  I generally agree with this concept, and take it one step farther and suggest one drink per hour, with a glass of water between alcoholic drinks.  I also caution that you cant sit around for ten hours having one drink per hour, do not do this.  I dont suggest more than three drinks in a three hour period with a glass of water inbetween.  This tip has to do with whether you drink on an empty stomach.  Most people have heard that they can get a better "buzz" by drinking on an empty stomach.  There is good science behind this idea, when you have food in your stomach and consume alcohol, such as having a drink with a meal, the food in your stomach may absorb some of the alcohol and your body will thus not absorb as much.  Conversely if you drink on an empty stomach your body will absorb much more of the alcohol placing it into your blood stream.  I always advise against drinking on an empty stomach.  Be careful however because drinking along with food may result in a delayed absorption of the alcohol, as the food passes thorough  your system, you will likely absorb the alcohol, but it will be delayed.  So you might not realize you have consumed as much alcohol as you did when you are also eating food.

Be Safe   - Charlie 

How Many Drinks Can You Have and Drive - Tip of The Day

As a DUI lawyer, I get asked the question, how many drinks can I have and still drive a car.  The best answer is none.  If you get stopped by the police, the first thing the officer will ask you is "have you been drinking tonight sir/mam?"  If you had even one or two drinks, your answer to that question will be "yes I have been drinking".  So if you wanted to get the officers attention, that should do it.  When I used to ride with the police and sherrif on DUI patrol during my State Attorney training, almost every person we stopped for DUI said "I only had two beers",  this seems to be the standard answer that everyone thinks police want to hear.  By admitting you had two beers you just made one element of the officers case against you, that you had consumed alcohol.  All he has to prove now is that your normal faculties are impaired, and that can be his subjective opinion.  So I suggest a designated driver if you want to be safe and dont want to lie when the police officer askes you if you had been drinking. You dont have to lie, you could refuse to answer the question, but that will get the officers attention possibly more than admittng two beers.  If you insist on drinking and driving there are some charts that give you an estimate of your blood alcohol level by weight.  A general rule of thumb is one drink per hour, with a glass of water between drinks. This does not mean you can drink for ten hours.  What is meant is that two or three drinks over a two or three hour period with water inbetween, and you may be ok to drive.

be safe - charlie

Refusing The Breath Test - DUI Tip of the Day

There are lawyers out there that advise their clients to "never give a breath test".  I for one am NOT one of those lawyers, and would not give this advice to any clients.  If you live in  a state where the law is that of "implied consent" then by signing and accepting your drivers license you have impliedly consented to comply with any sobriety test that may be required in your state. If you refuse a breath test you may be charged with an additional offense for failure to give a breath test.  Further, there are often added penalties for refusal, such as in Florida you get a one year suspension for refusing a breath test, but the license suspension for a first offense is normally 6 months, as such by refusing you doubled your suspension. In Florida there is a 30 day waiting period to obtain a hardship or business only drivers license, but  if you refuse the breath test the waiting period is 90 days, more punishment for refusing. Finally, if you think refusing will avoid a DUI charge, think again. I am a former prosecutor and the State Attorney has no problem with prosecuting refusal cases, and their chance of proving the case is almost as good with or without a breath sample. The law in Florida does not require that the prosecutor prove you had an illegal breath alcohol level, only that "your normal faculties were impaired" and a breath result is not required.

BE SAFE OUT THERE

How to Avoid A DUI - Keep Your Car in Good Order

A good way to avoid a dui is to keep your car in good working order. One reason for traffic stops is equipment violations such as a tail light not working, a tag light not working, an expired tag, a missing tag, a flat or low tire.  If you keep your car in good mechanical shape, you may avoid this type of traffic stop.

Why Dont We Get Drunk and Screw

Why Don't We Get Drunk (and Screw)" is a novelty song written and performed by American popular music singer-songwriter Jimmy Buffett. It was a b-side to the first single ("The Great Filling Station Holdup") from his 1973 album A White Sport Coat and a Pink Crustacean. The song is a fan favorite and, up until the 2007 Bama Breeze tour, was almost always performed at Buffett's live concerts.

Buffett wrote the song under the pseudonym Marvin Gardens, derived from a property on the original Atlantic City version of the Monopoly game board.

The song is a parody of standard country music love songs. Buffett states that he made the song "as a total satire [and] wasn't even going to put it on the album. We did it foolin' around in one take. But immediately that song became controversial, and there were jukebox sales."^[1] Buffett further notes, "I was hearing a lot of very suggestive country songs-in particular, Conway Twitty's "Let's Go All the Way." I figured I would write a song that would leave no doubt in anybody's mind. I thought back to a late night in an Atlanta diner where I was eating and watching this out-of-focus businessman trying to pick up a hooker. That's all the inspiration I needed."^[2]

This is an example of what lots of people do, then  they drive home. 

About This New Amazon.com Kindle Book

This book is dedicated to everyone that goes to a party, restaurant, golf course,  or nightclub, and has a few drinks with their friends, then gets pulled over for DUI on their way home. With the high stakes involved in getting charged with DUI, it will be worth your time to read this book, a DUI can change your life forever.  Find answers to questions such as; should I refuse the breath test, should I cooperate with the roadside field sobriety tests, do I need a lawyer, should I answer police questions, and what should I do if I am arrested. Learn how to pass field sobriety tests, and how some simple automobile maintenance could reduce your chances of getting pulled over. Finally see what happens if you decide to take your case to trial, a play by play DUI trial in Chapter 5. This book is not intended to replace the sound and competent advice of a licensed attorney. Further, laws vary from state to state and the discussions in this book are based on Florida Law, and may not apply to all states. I do not recommend that anyone attempt to represent themselves in any legal matter, always seek the advice of a lawyer. You may qualify for a free public defender lawyer depending on your financial status. The author does not advocate drinking and driving, and this book is not intended to help anyone beat the system or promote drinking and driving. The best way to beat a DUI charge is not to drink and drive in the first place.  99W7FYFJNHS4

http://www.amazon.com/UNDER-INFLUENCE-SECRETS-LAWYER-ebook/dp/B0045U9RIW/ref=sr_1_8?ie=UTF8&m=AG56TWVU5XWC2&s=digital-text&qid=1288885038&sr=1-8