Proposed Law Would Expunge DUI Arrests After 5 Years

By Mike

Lawmakers in Georgia have proposed a bill that would allow defendants to have their DUI arrests expunged from their records after five years of good behavior.

The proposal, not surprisingly, has garnered plenty of criticism in the state, particularly from the local chapter of Mothers Against Drunk Driving, according to a report from WSB TV.

Barry Martin, the executive director of Georgia’s chapter of MADD, says he was surprised that anyone would even propose such a bill, as it could reduce the deterrent effect offered by harsher DUI sentencing.

Supporters of the bill, however, argue that it will give people who were convicted of drunk driving a second chance, and that it will reward people who learn to drive responsibly after their arrests.

The bill, which is labeled House Bill 799, would allow evidence of a DUI to be “permanently expunged” and “completely removed” from the record of the person who was previously convicted, provided that he or she maintain a completely clean driving record for five years.

Such a strategy would reward drivers for good behavior after their convictions, and potentially help people who have a hard time securing a job due to their criminal record.

The bill, however, does not distinguish between first-time offenders and people who have been arrested for multiple DUI offenses, according to Martin.

In addition, Martin claims that the proposed DUI law does not distinguish between DUI arrests that do not involve an accident and those that involve injuries or fatalities.

By refusing to distinguish between the nature and number of DUI arrests experienced by one person, Martin claims, the government is putting itself at a disadvantage and may potentially be clearing the records of people who are dangerous to the community.

Georgia police also hint that removing past DUI arrests from a person’s record could hamper police investigations into drunk driving accidents.

However, despite the criticisms, supporters of the bill emphasize that a record of a DUI conviction can have a permanently negative influence on an individual, and that people who change their habits shouldn’t be punished their entire life for one offense.

The one-page bill raises interesting questions about the merits of privacy and forgiveness, and the alternative interests of the community as a whole to protect pedestrians and other drivers.

State lawmakers across the country will undoubtedly follow the progress of Georgia House Bill 799, as its passage could suggest shifting attitudes towards DUI punishment.



Illinois State Supreme Court DUI Ruling Raises Concerns

By Topher

A recent ruling by the Illinois Supreme Court has proven controversial in the months following the decision as prosecutors have begun using it as a new weapon in DUI cases. Charges in DUI cases may be upgraded without evidence of a driver’s impairment at the time of the accident.

In April, the court ruled that drivers in fatal driving accidents could be found guilty of a felony if trace amounts of an illegal drug are found in their bodies.

The new ruling means prosecutors no longer have to prove that drugs contributed to a crash, simply that they were present in a driver’s system. In the original case, a felony conviction was upheld against a pickup truck driver showing traces of methamphetamine after he crashed and killed two people.

Just one month later, prosecutors in DuPage County used the Supreme Court’s ruling to upgrade a misdemeanor charge to felony aggravated DUI involving drugs. That upgrade changed the defendant’s possible sentencing from 12 months of jail time to three to 14 years in prison.

At least four prosecutions in Cook, DuPage and Kane counties have already applied the Supreme Court’s opinion, each involving alleged use of illegal drugs.

The new precedent has safety advocates applauding the decision, while defense lawyers suggest it may misinterpret the intent behind Illinois’ drunken-driving laws.

“What they’re saying is just because you used drugs in the past, even though you could be safe on the road at the present time, we don’t want you on our highways, and that’s questionable,” a Wheaton, Ill., DUI attorney told the Chicago Tribune.

Others concerned claim the decision may put prescription drug users at risk as the law applies to both illicit drugs and controlled substances. Drivers may be unaware of how long a drug can be detected in their system.

Prior to the court’s ruling, it was necessary to show impairment in a fatal drug-related crash, which was often difficult without a set standard such as the .08 blood alcohol limit for drunk driving.

The ruling grew out of a crash on Christmas Day 2004 when Aaron Martin, 24, left a Peoria bar in his pickup and missed a curve, hitting a car head-on and killing a 50-year old woman and her elderly mother. Trace amounts of methamphetamine were found in the driver’s urine, but no alcohol.

Martin was convicted of aggravated DUI involving drugs by a Peoria County jury, and the judge sentenced him to six years in prison. The conviction was overturned in August 2009 by a state appeals court, after prosecutors failed to show a causal relationship between the drugs and the driving accident.

The appellate decision was then overturned by the Illinois Supreme Court when the justices ruled “no causal connection” was needed due to Illinois’ longstanding zero-tolerance stance on drugged driving. The court’s opinion suggests the real crime is bad driving, which is why proof of impairment is not necessary.



Montana Attorney General Wants More DUI Monitoring

By Mike

Montana has a history of a DUI culture that is not as critical of drunk driving offenses as other parts of the country. Recently, the state’s efforts to curb drunk driving have led to more stringent policy.

Now, the state’s Attorney General, Steve Bullock, has proposed the expansion of a pilot program that calls for repeat drunk driving offenders to submit to regular breath tests during their sentence. The program is known as the 24/7 Sobriety Project.

The 24/7 Sobriety Project essentially requires that repeat DUI offenders stay sober all day and all night long, for the duration of their sentence. Whoever fails a breath test would be jailed and have their bond revoked. The idea originated in South Dakota.

Under the program, anyone who is arrested for DUI more than once must take a breath test that measures blood alcohol content twice a day, according to the Great Falls Tribune.

Expanded DUI prevention efforts would also include harsher penalties for those convicted of driving with a blood alcohol content that is higher than .15. Such measures are already in place in most states in the U.S. Such a charge, as proposed, would be an aggravated DUI charge.

In addition to the strengthened DUI laws above, Attorney General Bullock would like to make penalties for refusing a breath test more harsh than they currently are.

The proposals will need approval from the state legislature, which is controlled by the Republican party at the moment. Republican Representative Steve Lavin already plans to sponsor the bill.

Lavin is a sergeant in the state’s highway patrol. He argued that the bill wouldn’t cost anything because those who are required to take the tests would pay for the process themselves. “I just don’t see any opposition to it,” he told the Tribune. “I’ve talked to quite a few of my comrades, and they seem to like it.”

Attorney General Bullock hopes for the necessary political support. “I’m hopeful that all three of them end up with broad bi-partisan support,” he said of the three parts of his proposal for expanded DUI penalties and requirements. “This problem is not a Democrat or a Republican issue. I think these three (proposals) are great parts of what can be done.”



DUI is a part of the culture for many in Montana

By admin

In the state of Montana, some believe that a culture of drunk driving and DUI arrests has become so ingrained in the community that only a community-wide change can lead to a decrease in DUI arrests and accidents.

In a recent DUI court case, a surprising number of those involved in the case had been affected by drunk driving, bringing to light the pervasiveness of DUI in Montana’s culture, even at the highest levels.

Greg Barkus, the defendant in a DUI case in Flathead County, Montana, was accused of operating a speedboat while under the influence of alcohol when he ran it into the shoreline.

According to the prosecution, his blood alcohol level was twice the legal limit when the incident occurred. Barkus, a Republican state senator, had been arrested for drunk driving before.

Barkus’ DUI attorney in the case was a man who had himself been arrested for DUI before. The lawyer’s case was dismissed however, because the police officer who would’ve testified in the case was killed by a drunk driver.

In addition, the Barkus case prosecuter’s deputy attorney had a previous arrest for DUI, as did the ex-husband of the case’s original judge.

Across Montana, numerous judges, attorneys, lawmakers and celebrities around the state have faced DUI arrests. Public prominence seems to play no part in the demographic of those impacted by drunk driving.

While certainly many people across America have felt the impact of DUI arrests on friends, family and community, the Barkus case is a microscopic view of a larger problem.

Montana, which ranks among the highest in U.S. states in terms of the rate of alcohol-related vehicle accidents, has a culture of fierce independence, in which citizens are wary of giving up their personal rights.

DUI laws took longer to reach Montana, even as other states adopted them, and a colonel in the Montana Highway Patrol has stated that the prevalent culture in the state is to view drinking and driving as “Montana birthright.”

Advocates of tougher DUI laws in Montana argue that a reduction in DUI-related accidents ensure a more universal right: the right to safer roads. The only way, in their eyes, to solve the problem is to change the culture of drinking and driving in Montana, so that peer pressure and community awareness drive positive change where lawmaking may fall short.



Costs of Refusing a Breathalyzer Increasing

By admin

As of Sept. 1, people in Louisiana who refuse to take a breath test will have their driver’s license suspended for one year. The penalty is twice as long as the current penalty for breathalyzer refusal.

“Now … it’s worse if you refuse the test,” said DWI attorney Robert Fleming.

Under Louisiana DUI law, a driver who refuses a blood alcohol test on a first DUI offense will have his or her driver’s license suspended for six months and 18 months for a second refusal.

The new law that Gov. Bobby Jindal signed on June 1 doubles the first offense penalty and suspends the offender’s license for two years on a subsequent offense.

Supporters of the new DUI law feel that it will give drivers the incentive to cooperate with police during a DUI stop.

Many supporters say that currently the common thought among many DUI offenders in Louisiana is to refuse the breathalyzer test.

“The problem was that drivers were refusing to take the test” on the advice of DUI attorneys, said Jefferson Parish District Attorney Paul Connick Jr.

According to Donna Tate, executive director of the Louisiana chapter of Mothers Against Drunk Driving, Louisiana has one of the highest refusal rates in the country. In 2005, 39% of drivers pulled over for drinking and driving refused a breathalyzer, when the national average was 22.4%.

Source: nola.com



Changes on the way for DUI Laws in Oregon and Rhode Island?

By Mary Ann

There could be some big changes in the DUI laws in Oregon and Rhode Island. The legislatures in both states are considering amendments to the current laws, and, though nothing has been passed yet, you should be aware of the potential changes.

In Oregon, current DUI law makes it difficult to remove a DUI offense from your record, even if the charges were later dropped, lessened or acquitted.

The new law would make it easier to clear your DUI records if you aren’t convicted of the crime.

In Rhode Island, the new law would give police greater power to request and obtain search warrants in order to draw blood from DUI suspects in order to perform a DUI blood alcohol content test.

The law would only apply to DUI cases where an auto accident is involved.



News from Total DUI

By Mary Ann

Illinois Law Allows License Suspensions without DUI

Illinois has a new alcohol-related law that has led to more than 3,000 teenagers losing their driver’s licenses this year. The teens were not accused of DUI, but the “use-lose” law allows for driver’s license suspensions for those caught underage drinking.

The state law was passed after five teens died last year in an alcohol-related crash. Underage drinkers in Illinois may have their driver’s licenses suspended without any involvement with a car or driving…

Read more.



This Week on Total DUI

By Mary Ann

State Law Provides Illinois DUI Memorial Signs

Under a new Illinois DUI law, memorial signs for those killed in drunken driving accidents may be requested by the victims’ families. A sign with Caitlin’s name and the date of the accident that took her life was the first to be requested under “Tina’s Law.” The law is named for Tina Ball, a construction worker with seven children who was killed by a drunken driver while working on I-57 during September 2003. Read more.

Study Shows Felony Wisconsin DUI Offenders are Avoiding Prison

The Milwaukee Journal Sentinel reported that lawmakers intended to get repeat Wisconsin OWI (DUI) offenders off the road. However, an analysis of Wisconsin DUI sentencing has shown that less than half of the people who are sentenced for fifth-offense drunken-driving in Milwaukee County end up serving time in prison. View the full article.

Drug Testing Drivers Could Become as Simple as Breath Tests

The National Institute of Health has recently released research guidelines that may lead to the development of new testing methods for drug abuse that can be used as routinely as breath tests. These guidelines were published in the August journal Addiction. Read on.



This week on Total DUI

By Mary Ann

Ohio judges violate DUI law

Under a 2004 Ohio law, drivers with multiple DUI convictions who still need to drive under provisional driver’s licenses are required to have special DUI license plates assigned to their vehicles.

The DUI law mandates that judges order the DUI license plates.

Approximately 33,000 drivers in Ohio have five or more DUI convictions, only 8,500 vehicles in the entire state had been issued the special DUI license plates as of the end of last year.



This week on Total DUI

By Mary Ann

ACLU Says Challenges to Ohio’s No Refusal Law Likely

Under the new Ohio DUI law, drivers who have had two or more DUI convictions can be forced by authorities to submit to a blood or urine test to determine their blood alcohol content.

Previously, the law had required that authorities obtain a search warrant from a judge to test a DUI suspect’s blood or urine in situations where no consent was given.

Civil liberties advocates are speaking out about the new DUI law in Ohio, saying that they believe it is unconstitutional.

Find out more about the debate on this new law.

Utah’s Fruitless New Liquor Law

Utah lawmakers have been at it again. The state already has some of the strangest and strictest liquor sales laws in the country, but apparently legislators still felt that there was some tinkering to be done.

Now Utah has become the first state to ban some fruity alcoholic drink sales.

Read the full article.

Party Bus Driver Playing Police or Parent?

And with this time of the year comes pumpkin carving, sweaters and Homecoming – a quasi-holiday for schools that runs from September to November.

Students can’t wait for festivities, which usually mean an early dismissal for a pep rally, parade, football game and dance.

Maybe you or some of your friends drank after the dance – or maybe even before the dance. You were all underage and alcohol is prohibited on school property, but that was a part of the Homecoming ritual – no big deal.

Except for some teenagers in Highland Park, IL, underage drinking became a big deal.

Read more about the controversey here.



Arizona Cranks Up Penalties for “Extreme” DUI

By Mary Ann

Arizona governor Janet Napolitano signed into effect another new chapter in what is becoming one of the country’s toughest set of DUI laws.

State legislators passed a bill that would increase penalties for first DUI offenders convicted of “extreme DUI,” or a DUI with a blood alcohol concentration of 0.15% or higher (roughly double the legal limit of 0.08%).

Now, “extreme” DUI offenders would serve a full 30 days in jail, an increase from the current 10-day minimum.



Blogger Misunderstands Kiefer Sutherland’s DUI Charges and DUI Law

By Guest Attorney

Lea Anna Cooper suggests, on the American Chronicle Web site, that Kiefer Sutherland may face double jeopardy when tried for his recent DUI charges. Her claim of double jeopardy is simply a misunderstanding of DUI law.

Sutherland, star of the controversial hit show “24,” was arrested in September and charged with driving with a blood alcohol level (BAC) above 0.08 percent and driving under the influence.

Cooper asserts that the two charges against Sutherland would amount to “double jeopardy.” Strangely, Cooper also reprints portions of a California criminal case that explains how she misunderstands DUI law, People v. Cosko, 152 Cal. App. 3d 54, 199 Cal. Rptr. 289 (1984).

As Cosko explains, Sutherland has been charged with two crimes; one is a “lesser included offense” of the other. In other words, the charge of driving with a BAC above 0.08 percent includes the elements of the misdemeanor charge of driving under the influence plus the element of having a blood alcohol level above 0.08 percent.

Cosko points out that a prosecutor has the right to charge a defendant with a crime and lesser included offenses to assure that she gets a conviction. A court cannot, however, actually convict a defendant of both the charged offense and the lesser included offenses.

Sutherland does actually face revocation of his probation stemming from his plea to driving under the influence in 2004. He was sentenced to 60 months probation and could now face up to 18 months in jail for violating his probation. However, it is very unlikely he will see any more than the 96 hours in jail required under California DUI law.



Kiefer Sutherland Charged With DUI and Probation Violation

By Guest Attorney

Kiefer Sutherland, star of the controversial hit show ‘24’, faces up to 18 months in prison after being charged with DUI and violating his probation from a 2004 DUI.

The L.A. Times reports that Sutherland was arrested for driving with a blood alcohol level (BAC) over the 0.08 percent legal limit for DUI in California. A Los Angeles City Attorney’s spokesman said prosecutors would seek to revoke Sutherland’s probation stemming from his 2004 plea to DUI.

The actor faces a year in jail if convicted on this new DUI charge plus six months for violating his probation. At the least, if convicted under California DUI law, Sutherland would have to serve a minimum of 96 hours in jail.



Decimal Point Error May Invalidate Spokane Washington Breathalyzer Results

By Guest Attorney

The Seattle Post-Intelligencer reports that prosecutors in Spokane, Washington are playing down the significance of improper breathalyzer calculations, leading to hundreds of faulty alcohol test readings.

The State Crime Lab in Cheney, Washington recently announced that it had been using an erroneous spreadsheet formula to record lab test results for 584 defendants between February 2006 and January 2007. The lab said eight defendants who were harmed by the error have notified.

The Post-Intelligencer reports that a BAC of 0.79 would be elevated to 0.08 percent and 0.149 would read as 0.15. The Director of the Washington State Patrol Forensic Laboratory Services Bureau, Dr. Barry Logan, said 584 cases involved faulty test results, but 576 of the results could not have effected a defendant’s guilt or punishment.

The story appears to allege that the lab’s spreadsheet only showed Breathalyzer results to two decimal places. I tested Microsoft Excel. Breath alcohol level (BAC) results from 0.075 and 0.084 would all show as 0.08 percent, equal to the presumptive BAC level in all states. BAC results from 0.145 to 0.154 would show as 0.15 percent, requiring stiffer penalties under Washington’s excessive DUI law.

KNDO Television said Logan explained that the miscalculations occurred after software used to calibrate breath alcohol instruments was amended late in 2005 produced an error at the fourth decimal place in test readings.

Can this be right? An error in the fourth decimal place would not effect a value to only two decimal places.

My simple test, in Excel, showed that either the reporting was simplistic or many more cases should be re-examined.



Stricter DUI Penalties in Kansas

By Mary Ann

The Fort Leavenworth Lamp reports that penalties for DUI in Kansas increased on July 1st. A first DUI offender with a blood alcohol level (BAC) below 0.15%, will have his or her license suspended fort 30 days, with a work and school license only, for an additional 330 days.

A second, third, or fourth time DUI offender will suffer a one year license suspension. For a fifth DUI conviction, a driver will have his or her license permanently revoked.

A driver under 21 years of age will have her license suspended for a year for the first DUI offense.

A DUI driver, with a BAC of at least 0.15%, will have her license suspended for a year for his or her first conviction. Following the suspension, he or she will be restricted to another year of driving with an ignition interlock.

Additional 0.15 percent DUI offenses will increase the length of a driver’s license suspension. On a fifth offense, the driver’s license will be permanently revoked.

In Kansas, a third DUI conviction has been and continues to be a felony DUI.