DWI/DUI is an abbreviation of driving while under the influence of intoxicants (alcohol) or of any substance or substances which impair driving ability. Other substances can include illegal drugs, prescription drugs, inhalants such as glue, gasoline, spray paint etc., and/or over the counter medications. Kentucky’s DUI law has an “Illegal Per Se” provision. “Illegal Per Se” (On the face of or by itself) means it is illegal to drive with a blood or breath alcohol content of 0.08 or higher.

Highlights of Kentucky’s DUI Law

Here are highlights from Kentucky law on driving under the influence (KRS Chapter 189A). Legal terms associated with drunk driving in Kentucky.

‘Per Se’ BAC Level: .08

Zero Tolerance BAC Level: .02

Enhanced Penalty BAC Level: .18

Implied Consent Law: Yes

License Suspension 1st Offense: 30 days

License Suspension 2nd Offense: 1 year

License Suspension 3rd Offense: 2 years

Mandatory Jail Time after 2nd offense: Yes

Mandatory Alcohol Education: Yes

Mandatory Assessment/Treatment: Yes

Possible Ignition Interlock: Yes

Possible Vehicle Confiscation: Yes

Hardship License while license suspended: No

Open Container Law: For driver and passenger

These are highlights of the main provisions of Kentucky law pertaining to drunk driving. Other factors can increase the penalties for drunk driving, such as if an injury or death occurred, or if a child was endangered.

Source: KRS Chapter 189A

Another Important Fact to Know: 90% of DUI arrests occur between 10PM and 3AM.

How Can I Clear My DUI Record?

you may have some options available to clear your record. Your first option after a DUI conviction is to seek a new trial from the court. If there was an error in the admission of evidence at your trial or some other procedural problems, your attorney can ask the court for a new trial. If the judge grants your request for a new trial, you will be allowed to present your entire case again, this time before a new jury. If you’re found not guilty after your second trial, then your record will be cleared and the legal effect would be as if you never were convicted. If the judge refuses to grant you a new trial, or you lose at your second trial, you may be eligible to appeal your DUI conviction. If there is an error of law at your trial, or the jury completely disregarded the facts, you may have grounds for an appeal. An appeal involves filing briefs with the court and an oral argument-you will not be required to appear or participate in the appeal. If your appeal is successful, your conviction will be reversed, and your record will be cleared.

The Truth about Lawyers – Even though lawyers are the brunt of a lot of jokes out there, they really are in the legal industry to help you. You could hire one of the most expensive lawyers out there to represent you for your DUI case, and you will still pay less money to him than you would to the court system. If you had the option to pay a certain amount of money to the court, have your license taken away, have to go to jail and spend a weekend at a conference where they describe to you how bad drinking and driving is… OR, pay a lawyer a smaller amount of money, have a good chance of keeping your license, have a better chance of having the DUI dropped and to stay out of jail, wouldn’t that be better?

Many believe that the reason for the legislature’s action is that they simply don’t trust judges to do what will make state politicians look good, especially in an election year.Not only does this mean more people will be doing more time in jail, it also means that the system will be further burdened. In an already crowded criminal court system, DUI lawyers will have to fight more cases to help their clients avoid a jail sentence that can be life-altering to say the least.Time will tell whether these new Arizona DUI penalties are effective at reducing the numbers of drunk drivers and DUI related accidents. One thing is for certain, it is not good to be charged with DUI in Arizona, especially in an election year.

There are three different types of drug and alcohol related charges you can be convicted of in Maryland. The penalties are more severe for your second offense than they are for your first offense.

In order to determine whether or not you are intoxicated, the police officer will perform a series of field sobriety tests on you. If he suspects that you are impaired, he will ask you to submit to a breath test. If you refuse the breath test, your license will automatically be suspended for 120 days and it will be considered an admission of guilt in court.

If your blood alcohol level (BAC) is between .07 and .08, you will be charged with Driving While Impaired (DWI). The penalties for a first offense DWI are:

· Maximum 2 months in jail

· $500 fine

· 8 points on your license

· Suspension of your license

The penalties for a second offense DWI are:

· Maximum one year in jail

· $500 fine

· 8 points on your license

· Suspension of your license

If your BAC is .08 or greater, you will be charged with Driving Under the Influence (DUI). The penalties for a first offense DUI are:

· Maximum one year in jail

· $1,000 fine

· 12 points on your license

· 45 day suspension of your license

The penalties for a second offense DUI are:

· Maximum two years in jail, minimum five days if both convictions are within a five year period

· $2,000 fine

· 12 points on your license

· 90 day suspension of your license

You do not need to be drunk to get a DUI. You will be charged with Driving Under the Influence of a Controlled or Dangerous Substance if you are impaired by something other than alcohol or common non-prescription medication. This covers impairment from illegal drugs as well as prescription medication that inhibits your ability to drive.

The penalties for a first offense are:

· Maximum one year in jail

· $1,000 fine

· Suspension of your license for up to a year

The penalties for a second offense are:

· Maximum three years in jail

· $3,000 fine

· Revocation of your license and referral to the medical advisory board

The penalties for each of these offenses are greater when you are transporting a minor. Your first and second convictions will be misdemeanors. On your third conviction, all subsequent DUI infractions will be felonies.

If you have been charged with a DUI, you have ten days to request a hearing with the Motor Vehicle Association (MVA) to keep your driver’s license. If you fail to request your hearing in this time period, your license will automatically be suspended.

A DUI conviction may also cause problems with your insurance company. Many insurance carriers will either drastically raise your rates or possibly cancel your policy once they become aware of your conviction.

It is important to consult an experienced DUI attorney immediately after you’ve been charged. He will be able to help you deal with hearings and insurance company issues. Proper representation will greatly increase your chances of reducing your sentence. A good attorney can sometimes get you a Probation Before Judgment (PBJ), which would keep your DUI offense off of your driving record so that your insurance company will never know about it.

If you have been charged with a DUI offense in the Baltimore, Maryland area, please contact the law offices of Jimeno & Gray, P.A. today to schedule an initial consultation.

Consider, in the first three months of 2009:

With drunk driving laws changing so rapidly in so many states, what can you expect if you get pulled over?

During your traffic stop

A police officer must have “probable cause” in order to pull you over on suspicion of drunk driving. Reasons for a traffic stop may include:

Once you have been pulled over, a police officer may ask you to perform field sobriety tests (such as the one-leg stand test). The officer may also ask you to submit to a breath test. Using a small machine, such as a breathalyzer, you breath into a tube and the machine uses the breath sample to gauge blood alcohol content, or BAC.

Some of the new DUI laws being considered are making it easier for police officers to get the search warrants needed for a blood sample, used to determine blood alcohol content. Some states are also increasing the penalties for anyone who refuses a breath test.

DUI Penalties

The penalties for drunk driving vary widely from state-to-state. In general, drunk driving sentences for first-time offenders will include:

Some states DUI punishments may also include:

The penalties for a DUI conviction increase, sometimes dramatically, for multiple DUI arrests. There may also be additional penalties for anyone that refuses a breathalyzer during a DUI traffic stop and is later convicted.

Most of the new state DUI laws increase the punishments for DUI convictions, whether it’s a first-offender or someone with a history of drunk driving.

The most common changes include increasing fines and jail time, but the use of ignition interlock devices is also on the rise.

Ignition interlock devices must be rented, installed and monitored at the driver’s expense. Once installed, the devices require the driver of the car to pass a breath test or the car will not stop. Typically, the driver must also pass additional tests while driving.

The devices also have built-in features, such as digital cameras, to prevent tricking the machine or altering test results.

In the state of California you can get the DUI charge expunged after completion of probation. However, keep in mind that a DUI charge or conviction in California will not necessarily be removed permanently from your criminal record. Furthermore, if you have a second DUI charge within ten years, the first DUI incident could still be used as prior conviction. For example, if DUI #1 is expunged but later the person is charged with another DUI (#2), it will still be considered a second offense. Benefits of a DUI Expungement in California

So what then are the benefits of a DUI expungement if it can’t be completely removed from your record?

1. The current case will be dismissed by the court

2. You do not have disclose the DUI charge when applying for a job with a private employer. However, if applying for any government or state-related position, it must be disclosed.

“I NEED TO CHOOSE A LAWYER–WHAT QUESTIONS SHOULD I ASK?”

So now you have been released. Do not wait. Now is the time to hire a lawyer who can guide you through the complex and ever changing field of DUI law. The process of preparing your case—the investigation, the motions to suppress evidence, the analysis of evidence, and more—needs to get started right away.

It is difficult to pick a lawyer, not only because there are so many out there, but also because—since you are not a lawyer yourself—you do not know what a good one looks like. What is worse is that many consumers fall prey to myths and misconceptions about lawyers and they wind up picking an attorney who is not qualified to meet their needs. Here are a few of the most common myths.

Myth #1: “All lawyers have the same experience and training.”

We already touched on this myth in chapter 1 but it is worth mentioning again. Even if a lawyer has practiced law for decades, even if he or she has a fantastic resume, even if he or she has argued cases before the Supreme Court, there is no substitute for expertise in DUI law and experience defending clients who have been arrested for DUI.

Myth #2: “If a lawyer advertises that he takes DUI cases it is because he has experience in DUI law.”

This myth is similar to the first, but it is different in an important way. You may know how important it is that the attorney has experience in DUI law, but you might assume that, because an attorney takes DUI cases, he or she has the necessary experience. As a consumer, you know that advertising is often misleading. This is no less true when it comes to advertising for lawyers.

Myth #3: “The State Bar determines whether a lawyer can advertise as a DUI lawyer.”

The reality is that there is no requirement that a lawyer must meet before the State Bar permits a lawyer to advertise as a DUI attorney. The only thing is needed is a license to practice law.

Myth #4: “All law firms will take my case to trial.”

As strange as this may seem, many law firms are not committed to taking your case as far as it needs to go reach the best outcome for you.

Myth #5: “All lawyers carry Malpractice Insurance.”

Malpractice Insurance is not required of attorneys. This means if your lawyer does not carry this coverage and he makes a mistake, you may be out of luck. It a lawyer does not carry malpractice insurance, it does not mean that he or she is confident that it will never be necessary. More likely it means that the lawyer cannot afford it.

Myth #6: “Calling a Lawyer Referral service or using internet sites that offer to find you a lawyer service is the way to find a competent lawyer.”

Lawyer Referral Services and internet sites are a nice idea, but they are far from perfect. Many do not adequately screen the attorneys they refer clients to.

Myth #7: “Lawyers who have a big ad in the Yellow Pages or a TV commercial must be successful because they can afford this advertising.”

Just because a lawyer is on TV or has a big two-page yellow page ad does not mean he or she is successful or qualified. All it means is he or she shelled out a lot of money to make people think that. TV stations and yellow page companies do not care if the lawyer is competent; all they care about is that the check clears. Is that the way you want to decide who is going to protect you and your family?

Here are a few questions you should ask in order to make an informed choice of who will represent you.

• “How many years have you been in practice?”

This will tell you much about the attorney’s potential experience. But, also ask what they have done all those years.

• “How much experience do you have representing persons who are charged with DUI?”

You should leave the attorney’s office confident that you have spoken to someone who has real expertise and experience in DUI law.

• “Do you have real experience handling a case like mine?”

You do not want a lawyer who sees your case as a new experience that he or she would like to try. You want someone with the experience necessary to do the job for you.

• “How many cases have you taken to jury trial?”

Your case might need to go to trial in order to get the outcome you deserve and it is imperative that your attorney have trial experience if it is required.

• “Who in the office will actually be handling the case and what are their qualifications?”

• “Are you covered by a legal malpractice insurance policy?”

There is really no two ways about this. Your attorney should have malpractice insurance. Malpractice insurance is just as much insurance for you as it is for your lawyer.

• “Have you ever been disciplined by the State Bar?”

You do not want a lawyer with a long disciplinary rap sheet and you deserve to know if your lawyer has been disciplined in the past.

• “What are all the potential legal costs, including investigators, experts and the like?”

The lawyer should be honest with you about what your case might cost. You want to be secure that the lawyer is not luring you in with promises of unrealistically low fees and costs.

•”What challenges do you see in my case?”

The lawyer should be able to explain to you what he or she sees as the challenges you face and what they could mean for the ultimate result.

• “How will you keep me informed about my case?”

You must feel comfortable with the attorney’s commitment to communicate with you. You should know if you would really be kept informed of developments in your case.

• “What will be the final outcome of my case?”

A good attorney will not promise you a specific result, because it is always impossible to be certain how a case will turn out. Any other answer is dishonest and unethical. A good attorney can only promise to do his or her best job in defending you.

Now you have decided on a lawyer who has offered to take your case. You have paid good money and you have entrusted the lawyer to help you. Now you need to tell your lawyer everything about your case. Everything. A common complaint among defense lawyers is that they learned a critical fact that they needed to know, not from their client, but from the prosecutor or a witness. Withholding information can only increase your chances of being convicted. But no matter what, having found an experienced attorney to represent you, you should rest assured that you are well prepared for the next phase of the process: the trial.

Many state DUI laws were developed in response to federal highway funding mandates. In order to qualify for federal road maintenance revenues, individual states were compelled to define a legal age for alcohol consumption and laws defining the legal level of intoxication (alcohol blood level) for drivers. Most states established a legal drinking age of 21 years, although some allowed the consumption of low-alcohol beers and wines at age 18. Later federal highway mandates encouraged all states to agree to a uniform drinking age of 21.

If a law enforcement officer observes suspicious driving behavior, they can legally perform a traffic stop of that vehicle. A strong odor of alcohol, slurred speech or general incoherence can lead to a field sobriety test to roughly determine intoxication. A DUI charge cannot be issued through suspicion alone, however.

If the driver fails to demonstrate the capacity for rational thinking and motor skills during these field tests, the officer can then ask permission to perform a blood alcohol content test, commonly abbreviated BAC. In a DUI case, the test must show a percentage of alcohol in the driver’s bloodstream over a legal limit. In many states, this legal limit for DUI is .10% BAC, although many states have adopted a lower .08% BAC.

The legal blood alcohol level for drivers under the legal drinking age can be as high as .02% or as low as absolute zero. If any driver demonstrates a BAC over the legal DUI limit, he or she can be charged with a DUI immediately and booked into a holding cell for at least enough time to become sober again. Some law enforcement officers may use a special breathalyzer to determine BAC, which is seen as less invasive than the standard blood test. Because a person’s BAC lowers over time as the alcohol is processed by the body, police officers must gather evidence quickly to establish a DUI charge. DUI suspects may also refuse to take a BAC test or call a lawyer for legal protection from interrogation.

Many states have a progressive DUI policy, which generally means that a first-time offender may not receive the maximum penalty allowed under the law. A judge can use some discretion when sentencing those convicted of DUI, especially if the accused pleads guilty and demonstrates remorse for his or her actions. Generally speaking, a first DUI conviction could lead to a revoked driver’s license for up to a year, a substantial fine and/or community service, and several penalty points when your driving rights are eventually restored. More serious DUI penalties could include prison time, court-ordered alcohol rehabilitation and a lifetime suspension of your driver’s license.

If you or someone you know is charged with a DUI or DWI and need legal help; there are many resources on the web. One resource that I would recommend is http://www.handelonthelaw.com

Law Enforcement Officers, Prosecutors and Judges are not looking out for your best interests when you are charged with Driving Under the Influence (DUI). These people are under tremendous pressure from their superiors to make more arrests, get more convictions and hand out stiffer sentences. An offense that may have been overlooked a few years ago may be zealously prosecuted in today’s world. Any time you, a friend or a loved one is charged with DUI, you must take it very seriously!

When you are charged with DUI, or convicted, you are at risk for any or even all of these outcomes:

1. Jail time

2. Criminal record

3. Loss of driver’s license

4. Possible loss of your job

5. Large fines

6. Increased insurance rates

7. Required dependency treatment

8. Points against your drivers license

9. Drivers license surcharges

10. Other punishments that result from a DUI charge or conviction

Pennsylvania DUI Penalties

Implied Consent Laws: Laws demand drivers assumed of driving under the influence to concede to breath, blood, or urine testing for alcohol content are known as “implied consent laws.” Rebuttal carries penalties that can include mandatory suspension of a driving license for up to a year.

Blood-Alcohol Concentration: In Pennsylvania, any driver with a blood-alcohol absorption – or BAC – above .08 percent is measured “per se intoxicated” under the law. Under this statute, this evidence is all that is required for a driver to be convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).

Zero Tolerance Blood-Alcohol Concentration: In all states, “zero tolerance laws” focal point on drivers not of legal drinking age. In Pennsylvania, persons under the age of 21 operating a car with a .02 percent blood-alcohol level or higher than are subject to DUI penalties.

Enhanced Penalty Blood-Alcohol Concentration: In some states there is a more severe punishment for those convicted of DUI with a for the most part high blood-alcohol content at the point in time of arrest; this is commonly .15 to .20 percent above the legal limit. Enhanced penalty laws are not utilized in Pennsylvania.

Administrative License Suspension/Revocation Penalties: These penalties are minimum mandatory penalties obligatory on drivers with a blood-alcohol concentration above Pennsylvania’s maximum tolerable level of .08 percent or drivers subject to the implied consent laws (see above) for refusing to submit to breath, blood, or urine testing for blood-alcohol content. Penalties involve suspension or revocation (meaning transitory or permanent removal) of the driver’s license by the DMV (Department of Motor Vehicles). In Pennsylvania, for the foremost DUI offense the mandatory suspension is 90 days; for the second offense, one year; for the third offense, three years.

Vehicle Confiscation: The penalty of vehicle confiscation for DUI conviction – either everlastingly or temporarily – is a risk in some states, typically for repeat offenders. This is not a penalty option in Pennsylvania.

Ignition Interlock: An ignition interlock device attaches to the condemned DUI offender’s motor vehicle and requires the driver to complete a breath-test before the vehicle will start. While this penalty for DUI conviction is a option in some states, this is not an option in Pennsylvania.

Mandatory Alcohol Education and Assessment/Treatment: Alcohol tutoring and prevention program, treatment for alcohol abuse, and judgment of a person for possible alcohol or drug craving can be required for DUI offenders in Pennsylvania. These steps are often recommended instead of serving a sentence of incarceration or paying fines.