By Erin K
The economy has caused many of us to make cuts not only personally but also in business, and the government is no exception.
They need to make cutbacks just like the rest of us. In order to save money they have begun using advanced technologies to monitor people with DUI convictions.
Many states closed down prisons in the past couple years making it expensive and uneconomical to fill them especially for lesser crimes such as drunk drivers. So some states have adopted electrical monitoring devices for people convicted of DUI.
Included in this development of technology is Virginia. It only costs $12 for offenders to wear this ankle monitor 24 hours a day. This is the cheaper option compared to the $150.00 it costs to keep a minor offender in the Loudon County Jail. Plus the convicted driver is the one who pays the cost to wear the anklet.
Bari Lynn Williams is learning the hard way that this ankle bracelet can cause you to think twice about drinking and driving.
Back in April 2007, Williams was pulled over by the Loudon sheriff’s deputies. She had been at a golf outing earlier that day and had partaken in a few adult beverages.
The deputies pulled her over on suspicion of drinking and driving when they found baggies with drug residue.
She pleaded guilty to drunken driving and drug possession. She got two years probation. The judge told Williams he would dismiss the charges if she followed a court program of probation, therapy, attendance at Alcoholics Anonymous and periodic checks for substance abuse.
She had no problems until recently when a deputy stopped by her house for a check and her BAC content was a 0.09, a smidge over the legal limit in Virginia which is 0.08.
Williams faced up to 6 months in jail for violating the terms of her agreement- or she could wear the SCRAM (Secure Continuous Remote Alcohol Monitor) anklet. This device has a small fuel cell located in the bracelet that’s sensitive enough to detect even the tiniest amount of alcohol that emerges from a person’s skin after drinking.
SCRAM samples perspiration every 30 minutes thus being able to detect the slightest amount of alcohol on the body. So every time an offender sweats it can sense the alcohol and alert the police.
There are about 15,000 SCRAM anklets being used throughout 46 states.
Williams states she’s thankful to be wearing the bracelet because it keeps her out of jail. Sure there is the slight embarrassment she suffers with her new fashion anklet, but to her it’s worth wearing. It keeps her from drinking and will prevent her from any future charges of drinking under the influence.
By Erin K
According to a survey released by the National Highway Traffic Safety Administration, fewer Americans are drinking and driving, but one in six drivers are driving while on drugs during the weekend.
The data was released on Monday, July13 from a survey conducted in 2007. The survey showed that 2.2% of drivers were legally driving drunk, with a blood alcohol level of .08% or higher.
The first time this survey was conducted was in 1973, where the data showed 7.5% of drivers had a blood alcohol level of .08% or higher. This survey was also conducted in 1986 and 1996.
Although the Transportation Secretary Ray LaHood is pleased to see the drunk driving battle is successful, he point out that “alcohol still kills 13,000 people a year on our rads and we must continue to be vigilant in our efforts to prevent drunk driving.”
The same survey also found that 16.3% of drivers on the road on weekend nights tested positive for drugs. This was the first time the survey checked for drug use while driving.
The most commonly used drugs by drivers were marijuana at 8.6%, cocaine at 3.9% and over-the-counter and prescription drugs at 3.9%.
“This troubling data shows us, for the first time, the scope of drugged driving in America and reinforces the need to reduce drug abuse,” said Gil Kerlikowske, director of the Office of National Drug Control Policy.
The 2007 survey included the answers of almost 11,000 drivers who entered random survey sites set up across the country to questions drivers who agreed to participate.
Source: CNN
By Erin K
Recently Gov. Jack A Markell signed two new bills into law to create stricter DUI penalties for people convicted of a DUI offense in Delaware.
House Bill 152: Increased Fines and Jail Time
House Bill 152 increases DUI fines for subsequent offenders, especially drivers with five previous DUI convictions. The bill also called for increased jail time for subsequent DUI offenders and creating a felony DUI for drivers with six and seven DUI convictions.
Last year there were approximately 6,916 DUI arrests, of which 59 people had been previously arrested at least five other times for drunk driving. Since January of this year, 3,213 drivers have been arrested for DUI, with 40 of those people having five or more previous DUI arrests.
House Bill 177: Strict Penalties for First DUI Offense
The second bill signed into law strengthens penalties for a first time DUI offense if the driver has a blood alcohol level of .15% or higher.
If convicted of a DUI with a BAC of .15%, the period of hard revocation for those who are mandated to have an ignition interlock device is increased from 30 to 45 days.
The driver’s license is suspended for six months instead of three, and the ignition interlock device must be used for six months.
The bill limits driving authority of an ignition interlock device licensed driver to work, home, school, alcohol treatment programs and interlock service provider appointments.
Source: Sussex Countian
By Editor
State DUI laws across the country continue to change at a rapid pace. In the past few weeks, many new laws rolled into effect, while other states began discussing revising their current DUI laws. A quick rundown:
West Virginia: State officials are reviewing the data to test the effectiveness of new DUI laws that went into effect six months ago.
The DMV commissioner reports that the usage of ignition interlock devices is up 30 percent, already. The new law was designed to increase usage of ignition interlocks in more DUI cases as part of efforts to lower jail costs and discourage repeat DUI offenders.
Maryland: In late January, Gov. Martin O’Malley announced plans to push for the creation of more than 20 new state laws. His list included a DUI bill based on recommendations from a state DUI task force.
The changes would include a mandatory one-year driver’s license suspension for second and subsequent alcohol or drug related convictions during a five-year period.
South Carolina: New graduated DUI punishments go into effect on Tuesday, Feb. 10. A first DUI with a BAC between .10 and .15 will face $500 fines and 3-30 days in jail.
A BAC above .16 will get a driver $1,000 and 30-60 days. Penalties increase exponentially for a second and third offense.
By Editor
A woman in Oregon set a terrible new DUI record recently.
A 42-year-old woman was found by paramedics passed out at the wheel of her car, which had been driven into a snow bank. The car’s engine was still on and paramedics broke a window to get the driver out.
She was taken to the hospital where tests revealed a blood alcohol level of .72%.
A quick breakdown of BAC levels and some of the health risks.
- .08 Legal limit
- .16 Very pronounced alcohol effects, dangerous health risks
- .20 A person may be able to injure themselves and not feel the pain. Walking may be very difficult
- .25 Increased risk of asphyxiation.
- .30 Death possible
- .35 As if the person were under surgical anesthesia
- .40 Comatose likely, high risk of respiratory arrest and death
These risks don’t include the dangers of drinking and driving, such as the high auto accident death rates.
By Editor
The Maryland DUI Lawyer Blog brings up some interesting points about about the charges that can be brought against a driver even when their blood alcohol level is below the legal limit.
Let’s say you get pulled, the police administer a breathalyzer test and it turns up .06. That’s below the legal limit. But in Maryland, you can still be arrested for “driving while impaired.”
Do you need a DUI lawyer if you have been charged with driving while impaired? Maryland DUI Lawyer Blog author Bruce Robinson says yes, and he has worked on many such cases.
Also, if you are under 21-years-old, you may be impacted by “zero tolerance” laws in your state. These laws carry strict penalties for anyone under 21 found to be driving with even low amounts of alcohol in their blood.
To protect yourself, make sure you know your state DUI laws. If you’ve been arrested, for DUI or a lesser alcohol-related charge, you may want to speak with a DUI lawyer.
By admin
A Pierce County, Washington woman registered a breathalyzer reading of 0.50 percent last month. Two hours after her arrest, Rebecca G. Lingbloom submitted to a blood alcohol test which showed she had a BAC more than six times the legal limit for DUI in Washington.
A state medical technician said such a BAC “would certain kill most people.”
Technicians are required to reanalyze a blood sample showing such a rare blood alcohol level.
Not surprisingly, Lingbloom was found passed out behind the wheel of her car after she had allegedly nearly hit a pedestrian. She was released on bail after enrolling in a six-month treatment program for alcohol abuse.
By Tiffany Sanders, ESQ.
The questions arise all the time:
- How could I be arrested if my BAC was below .08?
- How could I get suspended from work for being under the influence if my BAC was below .08?
- How could I have gotten arrested?
- How could I have gotten kicked out of the high school basketball game?
These questions reflect a common but serious misunderstanding of the meaning of the .08 “legal limit.” In every state, a person may face a DUI conviction for operating a motor vehicle “with a blood alcohol level of .08% or greater” (language varies from state to state).
That means it’s a crime to drive with a BAC of .08% or greater. And that’s all it means. States are free to pass DUI laws that also make driving under the influence a crime, and allow for conviction with a blood alcohol level lower than .08% if you show signs of impairment.
States are free to make it a crime to drive with a lower BAC if you’re a minor. States are free to make it a crime to drive with a lower BAC if you’re driving a commercial vehicle. And many do all three.
Outside the legal arena, the .08% “limit” has no application at all unless specifically adopted for some other purpose. Employers aren’t bound by it. Schools aren’t bound by it. And even the criminal justice system isn’t bound by it outside the specific statutes that refer to it.
For instance, the crime of “public intoxication” is not, in most states, dependent upon a blood alcohol level of .08% or greater.
By Tiffany Sanders, ESQ.
Recently, a visitor to the site asked how it was possible to be charged with a DUI with a blood alcohol content reading far below the “legal limit”.
Specific DUI laws vary from state to state, but there are at least two possible reasons that someone could be charged with a DUI despite a blood alcohol content of less than .08%.
One is that the driver might be under the age of 21. In many states, the “legal limit” for a driver under the age of 21 is significantly lower than .08%. In fact, in some states any trace of alcohol is sufficient to convict an underage drinker of driving under the influence.
Another possibility is that the driver had a blood alcohol content (BAC) reading somewhat lower than .08%, but also showed signs of impairment. The “legal limit” is simply the number above which a driver is automatically guilty of driving under the influence (or some related statute) without any other evidence.
However, many states also allow for a DUI offense and conviction when a driver has a slightly lower BAC reading but also fails field sobriety tests, drives erratically or otherwise shows signs of being impaired.