Irvine DUI Attorneys
DRUNK DRIVING
Overview
Operating a motor vehicle while under the influence of alcohol or drugs is a serious crime in some states and a traffic offense in others. In addition, an individual operating a dirt bike, motorboat, electric wheelchair, bicycle and even a golf cart while drunk is committing a crime. The types of vehicles differ in each state.
State laws say that in order to operate a motor vehicle, the driver must have control or command of that vehicle. There are many scenarios to determine if the driver had the necessary control over the vehicle. Examples are if the defendant was in the vehicle but not driving – sleeping behind the wheel, the keys were not in the ignition, there was not any gas in the tank. The outcomes vary, depending on the circumstances.
The two most common names for drunk driving are Driving under the influence (DUI) and Driving while intoxicated (DWI).
Intoxication / Breath Test
A person is considered intoxicated when his or her blood-alcohol concentration or BAC is .08% or higher. The BAC is determined by using a Breathalyzer. A blood test is most reliable; however, a Breathalyzer is more convenient. However, the machine is not always accurate and can make it inadmissible in court; your attorney can question the results. This Breathalyzer measures the amount of alcohol in a deep-lung breath sample.
Breath-test Results
Your attorney has many reasons to question the reliability of the test results. These include the test was not administered correctly or by a qualified person, the equipment was not calibrated correctly, or a characteristic of the driver, such as having asthma, affected the results.
Implied Consent Law
In all states, when you receive a driver’s license, the Implied Consent Law goes into effect. Your right to drive also gives your consent to the state to administer chemical testing if a police officer has suspicion of intoxication. Refusal can result in the revoking or suspension of your driver’s license.
Evidence of intoxication includes your behavior when stopped and any statement you gave at that time. Police administer Field Sobriety Tests when they stop you for possible drunk driving. These tests include standing on one leg, touching your nose with one finger, horizontal gaze nystagmus test, counting backwards and reciting the alphabet.
Penalties
The penalties for this crime can be very severe. They include county jail or prison sentences, suspension or loss or your driver’s license, fines, mandatory court-appointed substance-abuse programs, community service, ignition interlock devices on your vehicle, restitution and finally, you will have a criminal record for the rest of your life.
Ignition Interlock Devices
A common first-time conviction penalty used in cases of drunk driving is the ignition lock device. Most states use this device but in some states, it is mandatory. The judge will order a device installed on the defendant’s car if he or she is a repeat offender, has a BAC of .08% or higher or had a child under 16 in the vehicle. The device prevents an intoxicated person from driving. It is the individual’s responsibility to pay for the device, which usually costs about $100 with a monthly rental fee of about $75. Depending on state law, it will be used from three to six months, or longer.
This device is very small, about the size of a cell phone. The ignition interlock device measures the blood alcohol content of the driver. The driver must blow into it before starting the car; the driver must also blow into it during the drive. The car will not start if the BAC is above a certain level.
The device could malfunction at times; it uses complex fuel cell technology and can result in inaccurate readings. Certain mouthwashes contain alcohol and that can give a false reading.
Criminal Justice System – The Prosecution
A prosecutor becomes involved in a drunk-driving case after the police have arrested the offender. The prosecutor takes into consideration if there is enough evidence to prove the case, if it is legally sound and all policy considerations.
The first step in a drunk-driving case is to file a complaint. Next, he or she appears at the initial hearing to set bail. Once at trial, the prosecutor will present his or her case first. The prosecutor must prove the case without a reasonable doubt using reliable evidence and competent witnesses, such as the arresting officer. In many cases, there is no jury for the trial.
If there is not enough evidence or if a chemical testing machine malfunctioned, the prosecutor can dismiss the charges. Also taken into consideration is if the defendant has any mental or physical problems. Sometimes it is best to send the defendant to a drug treatment program.
Automobile Insurance
Depending on the laws in your state, a drunk-driving conviction will result in higher insurance premiums or cancellation of your policy. The increase varies, but insurance companies have been known to increase your premiums as much as 100% or more. The increase will depend on circumstances, such as if you have prior drunk-driving convictions, tickets, accidents, etc.
If your insurance company cancels your policy or raises your premiums to a very high amount, there are insurance companies that will insure you as high-risk drivers. There are non-standard policies that are developed specifically for high-risk drivers with drunk-driving histories. These policies have high premiums.
State governments also have systems for covering high-risk drivers that insurance companies do not want to insure. These systems are known as assigned-risk pools or residual-insurance pools – an auto insurance company is assigned a specific number of uninsurable drivers.
Miscellaneous
Other issues are the fact that a drunk-driving record can increase your premiums on life or medical insurance policies and you will be considered a high-risk driver and have to file an SR-22 form with the state showing that.
Conclusion
A drunk-driving conviction will change your life forever. You will have a criminal record. Driving is part of our lifestyles. A drunk-driving conviction will put a stop to your life by taking away your driving privileges for a long time. It is in your best interest to seek out an experienced criminal defense attorney who will discuss your rights and your options with you.
Links to more information
http://alcoholism.about.com/od/dui/Drunk_Driving.htm
http://www.nhtsa.gov/portal/site/nhtsa/menuitem.18e416bf1b09b6bbbf30811060008a0c/
http://www.iihs.org/laws/default.aspx
