Blood Alcohol Content in Criminal Law

It doesn’t matter how many drinks you had at the bar or how high your tolerance for alcohol; what matters is your blood alcohol content, which determines whether or not it is safe for you to drive a motor vehicle.
Since most people don’t travel with blood alcohol testers in their vehicles, it is best not to drive if you have had anything to drink at all, because individuals are poor judges of how much is too much. If a police officer pulls you over after you’ve been drinking and administers a chemical test to determine your blood alcohol content, you won’t have much to say when you are charged with a DUI or DWI.

Several different factors will determine an individual’s blood alcohol content:

– Number of drinks consumed;
– The rate at which drinks were imbibed;
– Gender of the individual in question;
– Weight versus the total percentage of body fat; and
– Body chemistry.

In most U.S. states, it is considered a DUI if the driver’s blood alcohol content level is at or above .08., which is the level of intoxication. It is impossible to measure the amount of alcohol that any one person can drink before they reach .08%, which is why it is a good idea to have someone else drive if you will be drinking at all.

If you have been pulled over and have been questioned about drinking before you got in the car, you will probably be asked to take a chemical test to determine your blood alcohol content. The law requires that individuals driving a motor vehicle must submit to a blood-alcohol test if an officer requests it. If you refuse, you will probably have to take the test anyway, and your penalty will be increased at sentencing.

Anyone under the age of 21 who are caught with any amount of alcohol in their system faces a DUI or DWI charge. Most states do not have leniency for underage individuals who drink and drive, which means that even if a twenty-year-old has a blood alcohol content of .04, he or she can still be charged with drunk driving, which goes on the permanent record.

The courts also hand down harsher penalties for individuals whose blood alcohol content well exceeds the legal limit. In most states, a blood alcohol content above .15% will earn jail time, heftier fines and a longer driver license revocation.

Unfortunately, however, chemical tests for blood alcohol content are not always entirely accurate, and an attorney in court can challenge the reading recorded by the law enforcement officer. This is especially true when blood alcohol content readings are at or barely above the legal limit. If you have been charged with a DUI or DWI, it is best to hire an experienced DUI attorney to assist you with the defense.

Arkansas DUI Laws and Penalties

In the State of Arkansas, it is considered drunk driving when you have a BAC, or blood alcohol content of 0.08; however, if you are under 21 years of age, it is illegal to operate a motor vehicle with a BAC of 0.02 or higher. If you are caught drinking and driving, you will be arrested and charged with a DUI; however, the penalties associated with this charge vary according to your past criminal record and if it is your first DUI offense. The following information is accurate as of 2011; however, always talk to your attorney and review the most current laws by visiting the Sources section at the end of this article.

Arkansas First DUI Offense:

The first time you are charged with a DUI, you may have to face 24 hours to one year in jail or perform up to one year of community service. If you have a minor 16 years or younger in the car, then you may face a minimum of 7 days jail time to one year.

The fine associated with an Arkansas DUI first offense can range from $150.00 to $1,000.00. Of course, your license will be suspended for up to six months. Depending on your criminal record and past convictions, you may be required to undergo an alcohol treatment or education program, which may need you to pay up to a $125.00. You will also be required to attend a victim impact panel to learn about how drunk driving accidents have altered the lives of family and friends.

Arkansas Second DUI Offense:

The second time you are convicted of a DUI in Arkansas you may be required to spend seven days to one year in jail; community service will not be an option. If you have a minor 16 years or younger in the vehicle with you, the jail time is increased to a minimum of 30 days and a maximum of one year.

You can expect to pay a fine of $400 to over $3,000 for a second DUI offense, and your driver’s license will be suspended for up to 24 months. You also may be required to have an Ignition Interlock system in your car up to 45 days proceeding your license suspension.

Arkansas Third DUI Offense:

With a third DUI offense, you will face jail time from 90 days to one year, and if there is a minor in the vehicle, the sentencing may increase from a minimum of 120 days in jail. The fine associated with a third DUI offense ranges from $900 to $5,000, which doesn’t include court costs and lawyer fees. Your license may be suspended for up to 30 months, and you may be required to install an Ignition Interlock Device for one year after you get your license back.

You will also be required to serve a minimum of 90 days of community service, or 120 days if there was a minor 16 years old or younger. You may also be required to complete an alcohol treatment or education program and attend the victim impact panel.

Subsequent Offenses:

Any other DUI offenses carry hefty penalties and are considered a felony offense. You may face up to six years in prison and a license suspension of four years; however, this is all dependent on your current criminal record.

Arizona DUI Penalties and Information

In the state of Arizona, it is illegal to drive a vehicle if you have a blood alcohol content of 0.08% or higher within two hours of driving a vehicle. If you are arrested and convicted of a DUI, then you will be faced with several penalties, which range in severity based on any prior DUI convictions or your criminal record. If you are caught with a BAC of 0.15% or higher, then you will be charged with an Extreme DUI offense, which carries hefty penalties and fines.

Arizona First DUI Offense:

If you are caught driving under the influence for the first time, then you will be charged with a DUI first offense, which carries a minimum five of $250 and carries a minimum sentence of 24 hours, but it can be increased to 10 days in jail. You may also find your license suspended for a minimum of 90 days or a maximum of 360 days. You may also be responsible for paying up to $1,210 in fines associated with varies programs.

Arizona Second DUI Offense:

Being convicted of a DUI for the second time carries a minimum DUI fine of $500, and a minimum of 30 days in jail; however, you may have to spend up to 90 days in prison. You will also be subjected to a minimum of 30 days of community service, and your license will be suspended for one year. A court-ordered Ignition Interlock Device may be required once your license is redeemed and you may be required to undergo an alcohol treatment or education program at the discretion of the judge. You may also be faced with over $2,000 worth of assessment fines and other surcharges, which do not include court fees.

Arizona Third DUI Offense:

The penalties associated with a third DUI conviction are severe. You will be faced with a minimum DUI fine of $750, and you may face a minimum of four months in jail. Your driver’s license may be suspended for up to one year and when your license is redeemed an Ignition Interlock Device will be installed in your vehicle. The duration this device must stay in your car is at the discretion of the judge.

You can also expect to pay over $3,000 in miscellaneous surcharges and assessment fees. Lastly, you will most likely be required to enroll in an alcohol education or treatment program.

A DUI Attorney’s Expertise and Skill Are Extremely Essential in Deciding the Outcome of the Case

Every day, thousands and thousands of American drivers are being arrested for DUI. DUI means driving under the influence of drugs or alcohol. Las Vegas sees these cases in many numbers, and Las Vegas DUI lawyers are ready to fight these cases. The consequences of drunk driving are severe in Las Vegas. This can include huge fines, suspension of driver license, and in some cases, jail or prison time. For this reason, one should appoint a DUI attorney to legally handle the situation and reduce the charges brought against them.
DUI offenders are punished under the spectrum of DUI laws. Las Vegas DUI lawyers can help the offender with proper advice under possible legal permeability. The best course of action will be planned by this attorney in avoiding any further prosecution. The attorney will take into consideration all field sobriety tests conducted in the offender. Depending on the situation, the offender will be advised to plead either guilty or not guilty. This DUI attorney’s expertise and skill are incredibly essential in deciding the outcome of the case.

Failing a breath test can result in immediate suspension of the offender’s driver license. This situation will also need to be handled by a Las Vegas DUI lawyer. In fact, a breathalyzer alone, cannot prove an individual guilty of the charge. It is always best that an individual undergoes a breathalyzer. A blood-alcohol-concentration should show less than 0.8 to safeguard the offender. Exceeding this 0.8 BAC reading can lead to additional charges against the offender. A DUI attorney will advise his client to do what is best in each situation.

All Las Vegas DUI lawyers are well aware of the state BAC limits and possible punishments. With this knowledge, they will find a way to safeguard the offender from DUI charges. Retaining an experienced DUI attorney will give the offender a better chance at fighting the case. Each should also have some knowledge about DUI and the laws. It is always best to avoid this situation, but if it happens, you should hire a DUI attorney for your defense.

False DUI Arrest – 5 Defenses Experienced DUI lawyers Use

Being arrested for a DUI/DWI is, at the very least, embarrassing and stressful. It can be even more stressful if you are falsely arrested, or you believe that law enforcement mistreated you. When it comes to being arrested for drunk driving, keep in mind that you do have legal rights. You can even sue for false DUI arrest and get settlements for your mental or physical damage.
When you appear before the judge and the court, you will have to provide evidence that you are not guilty of the charges. Hiring a DUI defense lawyer to help you with your false arrest for DUI case is essential for this reason. If you hire an experienced DUI defense lawyer, he/she can help you get through the process and offer resources that you probably wouldn’t have thought about on your own.

There are several defenses used by DUI lawyers. See if any of these apply to you:

* The officer(s) who arrested you did not read the Miranda Rights rights to you. If this happened, it’s possible that some of the things you said during the time of your arrest could be deleted from the record.

* The prosecution has to 100% positive that you are indeed guilty of being illegally intoxicated at the time of arrest. They have to prove without an ounce of doubt that your blood alcohol content (BAC) was beyond the legal limit of 0.08%. This is the limit in the majority of states in America. If you have any witnesses that can testify that you were not illegally drunk at the time of arrest, the better off you’ll be.

* Field sobriety tests help law enforcement determine whether or not you are drunk. A DUI lawyer can investigate to see if the tests were conducted incorrectly.

* The breath test machine that the officer used to measure your alcohol level did not function properly or wasn’t maintained properly. You’d be surprised to know that there are many cases where it was found that the device was not properly maintained.

* You may have medical or mental issues that could have affected your driving skills. There are many people with these types of conditions that have been mistakenly arrested for a DUI.

These are just a few of the defenses that a DUI lawyer may use to help you with your case. This is why it’s highly recommended to consult with a lawyer who specializes in drunk driving cases.

How To Find A DUI Lawyer

It’s overwhelming to pick up the phone book and scan through page after page of attorneys. You see some that specialize in specific fields, some who don’t, and some whom you can’t tell exactly what it is they practice. You can’t possibly pick up the phone and call them all, but you don’t know how to begin the process of choosing an attorney.

Well, the first thing you need to know is what type of attorney you need – no, not their speciality or anything like that, much more straightforward – criminal or civil? Some attorneys do indeed practice both, but most attorneys tend to stay in one arena or the other. If you aren’t being accused of committing a crime, then you need a civil attorney for just about everything else.

After you know this, it’s a bit easier to narrow down the type of attorney you need, but do you still want to have to wade through the phone book or search on the internet to find one? This can take much time, and you have no guarantee you’ll find the right attorney for you.

The best resource I have found for finding a lawyer in your area is actually to contact a lawyer referral service. Usually, the attorney pays a fee to be listed with the service, he or she tells the service their speciality, and then the referral service can look up for you an attorney who can help you with your problem. You don’t need to know exactly what speciality you need in a lawyer; you need to give the referral service a bit of information about your needs, and they will match you with the best returns. Because the lawyer pays for this service, you usually don’t have to pay for the referral.

Typically, you can find an excellent attorney referral service by contacting your state bar association and asking them who handles referral for attorneys. All lawyers must be registered with their state and have passed the bar examination for that state to practice law, so the bar association for your country is the best place to start.

You can also contact the Better Business Bureau (BBB) for your area to determine if any attorneys are members in good standing, or you can also find out if the lawyer in question has had any complaints filed against him or her and what the resolution of the complaint turned out to be.

The American Bar Association maintains a website with some links to attorneys all over the country too. You can find out more by visiting their website in the link in the resource box below.

Another good place for attorney referrals is to check with advocacy agencies. If you are a victim of a crime and need to hire an attorney to protect your interests or to file a civil claim for damages, check with your local police department for an advocacy agency that might maintain a database of attorneys who have worked with their clients successfully on similar issues in the past. You can also usually call your county courthouse victim services department and ask for a referral to an attorney who specializes in that particular crime for which you were a victim.

You can also look in the yellow pages or call the state bar in your state. Most states have a criminal defence bar group. Most lawyers will give you a referral or recommend another lawyer if they are unable to take your case. Also, if you know a friend or family who has used a lawyer, then you could ask them to help you find a DUI lawyer. You can also look in the phone book under DUI and criminal law. In most phone books the lawyers are listed by practice to help you find the right lawyer.

You usually want a lawyer who specializes in DUI matters so he or she will be current in the law. Depending upon the facts of your case, a good lawyer can challenge the stop of the vehicle and file a petition to have your license returned based upon an illegal stop. The police must have a valid reason for stopping you. The lawyer may get a plea bargain such as reckless driving instead of DUI as the consequences of DUI are severe. The lawyer may also have evidence thrown out if the police do not have a legal stop of your vehicle or comply with certification of their breathalyzer equipment. In any event, a good DUI lawyer will be able to review the police report, traffic stop video, and your case to help in your situation. You should consult a DUI attorney regarding the facts of your case.

If you have been accused of a crime or have been arrested, then you probably will need to hire an attorney. You can have one appointed to you in the United States if you can’t afford your own, but then you do get whichever lawyer is next on the rotation for pro bono services. If you have been arrested, check with the bond agent or bail company for referrals to a lawyer who has helped their customers in the past.

Of course, you can still search the internet or use the phone book and try to find an attorney on your own. Be sure to call and schedule an appointment and meet with the attorney before retaining their services and make sure they do provide the services you will be needing.

Open Container Law of Texas: Talks about Illegal factors of Holding Alcoholic Beverages in an Open Container

First of all, let me define simply about what is Open Container? Alcohol bottle with the open condition in the motor vehicle, then it is precisely an Open Container.

The state illustrates the Open Container Law clearly in many categories:

1. Possession of alcohol in open container inside the vehicle is illegal.
2. Texas law restricted the person that not to carry any amount of alcoholic beverages which was opened in the motor vehicle. If the person who breaks the law, then he will be considered as an offender, even if he didn’t drink it.
3. The officer should not find any opened alcoholic beverages inside the car especially in driver’s seat.
4. However, the Law allows the adult person to carry the alcohol in some areas or districts legally.

Penalties Charged Under Texas Open Container Law:

Breaking the Open Container Law is illegal, and the offender will be charged based on the situations. Let us see an example if the person caught with an Open Container in his device, but there is no accident took place even though he will be charged $500 as a fine. If in case, you were caught in DUI (driving under the influence) and if the officer finds any alcoholic beverages in open condition then you will be punished severe – not the only penalty and also he may be put in jail. Note the point that the Texas open container laws are applicable for any road or highways.

In public place, a person who is drinking alcohol in open container is illegal according to the Texas State Law.

Texas state law strictly prohibits, that the person should not be allowed to have possession alcohol in his vehicle in an open container which is illegal.
If you have caught in the high offense under the open container laws in Texas, then you have to approach your lawyer instantly. Hence, the lawyer is the only person to release you from the above case without any significant loss.

In some cases, for example, a vehicle caught by the police officer with an open container, but the driver doesn’t know anything about the alcoholic beverages, then he won’t be convicted.

If we follow the Rules and Regulations, issued by the state laws properly, then there will be no offense in the country.

According to §28.01 State Law has no restriction in some cases. The holder can deliver alcoholic beverages like wine or beer inside the hotel building like lawn, garden, etc., but he doesn’t have permission to provide those beverages in the parking area which is strictly prohibited.

If the hotel got the license for allowing the visitor to have alcoholic beverages inside the hotel, e.g., If the person who has ordered wine with food then the order is placed for the person. However, at the same time, the permittee should not permit the person to carry his wine in an open container from the premises.

According to Section 28.10, the Permit holder has brewpub license. Then he is allowed to sell alcoholic beverages to its valuable consumer to drink inside or outside the premises. The bulk amount of beverages are also can be sold by the Permittee in a proper container, and the amount should not exceed a Thousand Barrels Per Annum.

The hotel who have permitted to sell alcoholic beverages, in that case, the management can allow the employee to deliver the alcoholic beverages to the consumer in the particular sidewalk area. The employee should not cross the law limits like he should not carry the alcoholic drinks in public sidewalk area which is illegal according to the Texas Open Container state law.

These are all can be possible, if the permittee holds proper License Premises.
According to Section §101.75 a person who is having an alcoholic beverage in an open container with seal broken in the public highway, public sidewalk area, or near the schools like government or private, or any part of nursery through higher secondary, then he will be considered as an offender. It’s undoubtedly against the State Law.

Overall every citizen in the country has to follow the State Law, which will lead to safe and happy life. The simple way is following State Law helps us not to cross the limits.

Rules and Regulations followed under DUI Texas act

Department of Transportation in Texas says that for every 20 minutes, somebody gets killed in an accident due to drunk driving. So the administers in Texas have issued penalties in both criminal and administrative, convicted for offenders.

Let us go through the Criminal and Administrative Penalties of DUI in Texas first offense:

Criminal Penalties Act in Texas:

1. According to Texas DUI laws, DUI criminal will be under custody for three days or with a maximum of 6 months. These penalties will change according to the age (which means person under age of 15), will be in custody for six months or over two years.

2. Penalty Charge should not exceed $2000, which applies to an ordinary DUI Texas cases. At the same time, the charge may differ from minor persons, and the Penalty may be increased, but not more than $10,000.

3. Texas state also hires surcharge program for Texas DUI lawbreaker; the surcharge is about $1000 PA for three years. However, the tax increased according to the level of BAC, which means if the level of BAC is excessive, then the surcharge is raised up to $2,000 PA for the period of 3 years.

4. Following the DUI laws in Texas, convicted offender records will be maintained, and it will be used in future DWI offender cases for the duration of 10 years.

Administrative Penalties Act in Texas:

1. Under Texas DUI law, the offender will get arrested under suspicion. They will arrest according to the process of administrative license suspension. Under the act, first offense involves minimum suspension period of 90 days (maximum of 180 days).

2. DUI in Texas first offense refuse to submit a blood test under implied consent laws; then they will suspend your license.

3. According to DUI laws in Texas Driver License get cancel for 180 days. To retain the Driver License DUI penalties in Texas will charge an Annual fee of $1,000 or $2,000 for three years.

4. Under Texas DUI law the offender case still counts as a prior offense, even if the case was 25 years ago.

Is a DUI a felony in Texas?

According to the Texas Rules and Regulations, alcohol driving offense will be charged as a felony. Here are some of the examples under Texas DUI law when the offense comes under the felony.

Texas penal code DUI has separated the conviction according to the Class:

• First DUI Conviction will be considered as Class B Misdemeanor
• Second DUI Conviction will be considered as a Class A Misdemeanor
• Third DUI Conviction will be considered as a 3rd Degree Felony.

Other than the above under DUI laws in Texas, you will be charged with a Misdemeanor in DUI offense if:

If you drink and drive with a young child who is less than 15 years old then, in that case, you will be under custody for not more than 2 years or a minimum of 6 months, and you have to pay the penalty not to exceed $10,000.
A car accident occurs due to drunk driving and the person who has poorly injured in Texas which is called intoxication; they will be considered as a 3rd Degree Felony. The offender will put in jail for a minimum of 2 years and maximum of 10 years. Not only prison, but they also have to pay fine up to $10,000 under Texas DUI penalties act
For this conviction, Texas DUI law command the Judge should order more than 25 days which should not be less than six days of community service.

Differences between DUI and DWI

Most of the people will get confused about the differences between DUI and DWI? Driving while Intoxication stands for DWI, and Driving under the influence stands for DUI. Hope this will clear our doubts somewhat isn’t it? DWI vs. DUI Texas differs according to the age. If you are 21 or above and you drink and drive, then you will be charged under Texas DUI. Also, you are mentally disabled or drunk alcohol above the level.

“Zero-Tolerance” law which acts for the person who is illegally drunk and drive, which means the person below the drinking age. Hence it is considered illegal. You are not supposed to drive after having alcohol if you are under the age of 21. Moreover, of course, people will get charged DUI penalties in Texas, if there is alcohol in their system. Decision authority left up to the officer who is taking charge of the accident.

Significant differences between the DUI and DWI ends up with the importance of the penalties. Even though in both the cases, License will get suspended. Compare to DWI; Suspension periods are decidedly less in DUI Texas first offense which is up to 2months. For the second offense, it will raise up to 3 months, and finally six months for third the offense. Drunk Driving offense computes for the basis of determining the length of the suspension. Hence you could have charged up to $500 if you are not driving at that time, but if you are in possession of alcohol.

Texas DUI records say that out of 10,000 deaths in the road accident, 70% of the accident was due to drunk drivers. Hence in 2009, all the fifty states were declared that DUI (Driving under the influence) or DWI (Driving while intoxicated) is undoubtedly considered as a criminal offense.

Hence people who are following the DUI checkpoints Texas can stay safe for long:

First, avoid driving when your alcohol level is high.

If you are not able to drive, then appoint a driver to reach your place safety, without affecting others.

You have decided that you be NIL unfit to drive a car, due to the high level of alcohol then call a taxi cab which is more safety.

Final and safety decision is not to go anywhere out when you intake more alcohol.

If the person who follows the rules and regulations of Texas DUI law, then he never is convicted under any act. Obey the rules and live your life safer.

Wichita Falls DUI Attorney

Now a Days Driving While Intoxication Case affects student’s education. A student who is going to apply for his higher studies in a college, he has to fill up required field i.e., is there any criminal record against the student, which includes DUI Offense also. He can’t able to avoid the question mentioned in the application as it was mandatory. If he has charged in one or more DUI Case then the college may reject his admission. But at the same time, the student was convicted under DUI case for the first time and he has attended the drunk and drive counseling program then he will be allowed to join in the college. Some colleges, they will accept the application of the student even though he was convicted in DUI Cases. But the student has to disclose his DUI Conviction on his application or else the college will reject his application for his misbehavior against the College Policies.

Once the student has got admitted to the college then he has to follow the college policies without fail. If he was arrested in any DUI Case, he has to report to the college administration within few days or else it may result in suspension as he fails to report about his DUI Arrest. If the student was arrested again and again for the same DUI Case, then the administration will decide whether the student is to be temporarily suspended or permanently suspended it depends upon the DUI Charges made for him. If the student got the temporary suspension, then he won’t get education loan provided for his studies.

To avoid these kinds of difficulties better the student can consult a DUI Lawyer in Wichita Falls to attend his case. Hence the student won’t have much knowledge about the State Law, DWI Attorney’s in Wichita Falls, TX are the only person to guide and support him in all the aspects. Wichita Falls, Texas DWI Attorneys dedicates his service well to secure the student education.

Waco DUI Attorney prove their excellence by winning in DUI Cases

If you have been arrested under DUI Case, then you have to face serious issues like jail, penalties, license cancellation and many more. So to prevent you from DUI Case, DUI Lawyer in Waco are the only person. They have more experience in legal services throughout the state. Practiced attorneys who have 20+ years of experience in their profession, they can handle your DUI Case smoothly and they can solve your problem.

If you have selected qualified DWI Attorney in Waco, TX to attend your case, then you can expect the best result. Attorneys have come across a broad range of DUI cases and they know all the state law. Once they take over the case from their clients then he takes his whole responsibility until he ends up the case. The offender may get tension or stress, because of the case charged on him. But Attorney’s duty is to clear their fear and their first step is to collect detail of the case. Then they will answer their client question step by step.

Well versed Waco, Texas DWI Attorneys provide their full effort in DUI Case. Client Satisfaction is very much important for the lawyer. Because every client is valuable and they believe only with their attorneys to win the DUI Case. An experienced attorney will never disappoint their clients. The attorney will argue to prove his client innocence and he tries to dismiss the penalties and fines charged, or else he will reduce the charges made to their clients and finally he will save his client life. At the same time, you have to be correct in paying attorney’s fee because he will never compromise in his fee.