By admin
Drinking and driving is a universal problem and many are searching for solutions.
Although most people start out with good intentions, one drink leads to another. Before you know it, you hit the brick wall and attempt to figure out how the night took a turn for the worse.
You go back and forth questioning your ability to drive and many times, unfortunately, the wrong choice is made. You start the car increasing your chances of committing a DUI offense and worse endangering yourself or others on the road.
But what if there was technology that could decide for you? What if it could tell that your blood alcohol level was over the limit? What if it would not let you start your vehicle to drive home?
For example, if a driver drinks way too much past the predetermined limit, then an ignition interlock will not start the vehicle.
These are usually placed in the vehicles of convicted impaired drivers and commercial vehicles to promote safe driving.
But we are jumping into the future and the realizations that the dangers of drinking and driving affect everyone on the roads. We live in a world where alcohol is a part of everyday life and when mixed with driving can be a deadly and costly combination.
A company in Canada called Alcohol Countermeasure System Corp is investing $18 million in the “next generation” of alcohol-sensing technology. They hope to commercialize this product to combat future drinking and driving.
Some countries have started putting these devises in public buses, school buses and taxis to prevent anyone caring passengers from getting behind the wheel while intoxicated.
Volvos are being built with alcohol sensors and will be sold throughout North America. This way if you decide to get into your car and you’ve had one too many, then your car won’t start – saving you from making the wrong decision.
These devices will no longer be just a form of punishment but of method of teaching drivers to not drink and drive.
Unfortunately in some situations we can’t judge for ourselves. Hopefully modern technology can help stop not only our generation but future ones from getting a DUI offense and worse.
By admin
Labor Day weekend is a time when families are to get together and celebrate the end of summer and the beginning of fall, the school year and the ever closing holiday season.
Unfortunately, some find themselves eye-to-eye with the law as they are charged with DUI.
Every region has their own collective of individuals who become part of this year’s statistics, and each in their own right is stunning in their toll.
For California’s Bay Area, this Labor Day weekend resulted in over 370 DUI arrests as the extended weekend began to close down, and it’s likely once the final statistics come in the number will increase. As for now, local law enforcement is proud to say they have rid the public’s travel ways of 370 potential disasters.
According to the story posted by San Francisco’s KTVU, “The weekend crackdown has led to the arrest of at least 371 individuals on Friday, Saturday and Sunday, compared to 377 arrests during the same time period last year, according to the California Office of Traffic Safety.”
As well, and a point worth mentioning is that the same report stated that there were no deaths in the Bay Area accredited to drunk driving so far this weekend. This compares to the two alcohol-related deaths during the same period in 2008.
By admin
The long standing jokes about women who are pulled over by police and how they get out of tickets may have even less merit than before.
Sure there are cases where a woman may flirt to get out of a ticket or bat her doe eyes innocently at the officer in the hopes of avoiding a ticket, but now there maybe concrete evidence to prove that woman are more at a loss when it comes to the standard DUI laws than ever before.
According to an article provided by the Law Offices of Lawrence Taylor, who is Los Angeles area DUI attorney and nationally-known author of the book Drunk Driving Defense, a study out of Italy shows there is a component to a female’s bio-chemical make-up which could make women more predisposed to fail a DUI road test. The study may prove that woman may be unfairly arrested for DUI in some cases and should be given more gender specific tests.
Taylor cites researchers at the University School of Medicine in Trieste, Italy, who found that women have less alcohol dehydrogenase than men. The study asserts that with less of the enzyme that breaks down alcohol in the stomach, women reach the same blood alcohol concentration as men after drinking only half as much.
The study goes on to state that women reached blood alcohol levels illegal in a DUI case after drinking 20 to 30% less alcohol than men of equal weight.
This could be a sturdy claim that could be asserted by many women when they find themselves eye to eye with a Trooper, but one that seems to only find merit in Italy at the moment.
In Canada, a study has shown that women taking oral contraceptives may reach peak BAC levels more quickly. This is a supposition that other attorneys have used when claiming their female clients failed a breathalyzer test due to the fact that they were taking oral contraceptives at the time of the test.
Both studies may eventually be a foundation for a compelling argument in the court room.
The underlying problem in this is that many women may not choose to argue against the validity of their failed test based on their sex. In fact, in the majority of the cases where birth control was a deciding factor for failure, it was a male attorney who plead the case.
At the end of the day, the best way to avoid this all together is to not drink and drive.
By admin
There are certain aspects to a night out on the town which most people consider before leaving for the festivities.
“Did I bring enough money?”
“Do I have clean underwear on?”
“Did I find a designated driver?”
All are completely legitimate questions. Now the question of “who do I call from jail when arrested for DUI?” has somewhat of an answer for those who find themselves in a watering hole in Utah between now and Sept. 7th.
The new program is designed to give callers a feeling of what it would feel like to have to make that call – giving them a sense of what their mamma will say, how their spouse will react or how their Priest will have them atone for their sins.
Sounds incredibly awkward- it’s suppose to.
Teaming up together is the Utah Highway Patrol and a group of local Utah bars in the hope of letting people practice an uncomfortable call from the local lockup.The group hopes to help dissuade drinking and driving.
After all, what is more sobering than having to call your mother, father, spouse and let them know you are in the clink for a DUI offense?
A phone number has been set up to reconstruct what it would feel like to make a call after a DUI arrest. After dialing 1-877-JAIL-FON, the caller is given the option to talk to a frantic mother or a disapproving father, among others, such as an angry spouse and even a less than enthused coach and priest. A prerecorded message then plays one end of what the conversation might sound like, with the caller filling in the other half.
Slogans associated with the campaign include “Getting a DUI is easy, calling your mom from jail is hard.”
Maybe it is a testament to the overly stimulated mind of our youth which are no longer scared straight by group visits to the morgue to see a result of a drunk driving accident, or stand face-to-face with a cell mate from Block ‘C’ who is serving life for vehicular manslaughter.
But what these local bars and the Utah Highway Patrol are banking on is that young people partying are still very scared to feel the wrath of their parents for such decisions of stupidity, and a late night partier is still extremely scared to inform their spouse of their decision to stay late and drink it up rather then make their way home.
In either case, the results should hold up as a new dynamic to the fight against drunk driving in the great state of Utah.
By admin
Living above the crowd, when privilege supersedes hindrance, and abundance is as common as the rising sun, it’s no wonder that Hollywood’s enrolled often find themselves against the common grain of law and regulation. It could be the grandeur of stardom or the void of economic distress which breeds impaired judgment.
In either event, even the veil of stardom can’t hide the indiscretion of stars such as the star of the USA Network’s Burn Notice Jeffrey Donavan.
Donavan was arrested in Miami for a DUI offense while presumably there shooting his widely popular spy series. Maybe his new notice should be less about being burnt and more about responsible alcohol consumption.
Then there is the similar negligence by Joyce DeWitt who proved three’s a company, but it can be taken too far when drinks are poured at the Regal Beagle.
According to police documents, DeWitt drove right passed a police barricade, and when cops pulled her over, they say she smelled like alcohol. Unfortunately for Joyce she then failed a sobriety test.
Donavan, DeWitt and many other stars and starlets who are arrested for a DUI offense almost on a weekly basis, certainly it could be thought that many believe their personal “star status” will keep them from having to serve jail time or pay hefty fines for their offenses.
The reality is though, police stations in Hollywood, New York and Miami have strong records of treating big screen heroes like average Joes when it comes to drinking and driving.
Even for those premier athletes who take to their city streets in celebration. They too are not above the law. Just ask Brian Bosworth, Michael Phelps and Charles Barkley.
While the nation as a whole might place our entertainment and sports stars on pedestals, which often times blind us to their moral uncertainty, or shade our view from their societal indiscretions, it seems as though they are not released from the laws of responsibility when it comes to DUI.
By admin
On August 13, New York Governor David Paterson submitted legislation to increase penalties for drivers convicted of DWI with children in the car.
The Child Passenger Protection Act would make drinking and driving a felony if there were passengers under the age of 16 in the car, according to a statement released by the Governor’s office.
Right now, New York DUI law treats the offense as a misdemeanor or traffic infraction. There are 35 states that have child endangerment laws, imposing higher DUI penalties for offenders who put a child at risk while drinking and driving.
The Governor’s proposed legislation is as follows:
- A DUI offender driving with a passenger under the age of 16 who is killed can be charged with aggravated vehicular homicide and receive five to 25 years in prison if convicted. The charge will be considered a Class B violent felony.
- DUI offenders driving with a passenger under the age of 16 who is seriously injured can be charged with aggravated vehicular assault and may receive three and a half to 15 years in prison if convicted. The charge will be considered a Class C violent felony.
- Individuals convicted of DUI with a passenger who is a child under the age of 16 may receive up to four years in prison. The charge is a Class E felony.
- If an individual is charged with DUI, with a blood alcohol level of .08% or more and there is a child passenger under 16, their driver’s license will automatically suspended, pending prosecution.
- A DUI offender convicted of drinking and driving with a child passenger will automatically lose their license for a year after a first DUI offense. If the offender has prior DUI convictions and the subsequent conviction is within 10 years of the first DUI, he or she will automatically lose their driver’s license for 18 months.
The new legislation proposed by the Governor follows a crash in Westchester County where eight people were killed, including four children.
Source: News Channel 34, WNYC
By admin
Fellow DUI Bloggers:
Total DUI is looking for submissions for our first 50 Best of the Best Blogs on DUI.
People facing charges for driving under the influence search the Internet for useful information on how to handle their DUI offense. DUI bloggers are all over the Web to help those in need find out what they can expect in consequences, legal proceedings, etc…
You have all been working very hard to make sure your readers are up-to-date, so now is the time to be recognized for your efforts. The Best of the Best blogs list will be promoted throughout social media networks.
If you think your blog should be considered, please e-mail Total DUI (dui@totalattorneys.com) by Wednesday, August 12, 2009 at 5 p.m. CST. In your e-mail please include the following:
- Description of your blog – please keep it under 200 words
- Why your blog is the best
Thank you for your suggestions and good luck!
NOTICE: Any entrants chosen will be listed at the discretion of TotalDUI, Inc. and its affiliates. Those listed (i) agree to be bound by the decisions of the judges and/or TotalDUI, Inc., (ii) represent and warrant that they are the sole creator and owner of the blogs submitted by them, (iii) agree that TotalDUI, Inc. may publish the names of their blogs without further compensation to the entrant, and (iv) agree that no claim relating to damages or losses shall be asserted against TotalDUI, Inc. or any of its affiliates. TotalDUI, Inc. makes no warranty, guaranty or representation of any kind concerning this contest in general.
By admin
On the night of Saturday, July 25, the Chief of Police of Alexandria City, Virginia was arrested and charged with a DUI after he hit another vehicle near Interstate 66 and North Fairfax Drive.
David P. Baker had been driving a city-issued green Ford Explorer in Arlington County when he caused roughly $900 in damage to either vehicle. His blood alcohol level was reported to be 0.19—twice the legal limit in the state of Virginia.
Baker, 58, submitted his resignation on Monday, July 27. Prior to his resignation, Baker’s attorney James Clark insisted that his client had no intention of resigning.
City Manager James K. Hartmann initially ordered an investigation of the incident and told the Washington Post he would “wait for the findings of the internal review” before making a decision on how to proceed. In the mean time, Baker had been put on administrative leave.
Hartmann stated, “It is very disappointing when one of our colleagues makes a bad decision.”
If convicted, Baker will face a minimum of five days in jail due to his blood alcohol level more than doubly exceeding the legal limit, according to the police report.
Baker will leave his post officially on Friday and will temporarily be replaced by Deputy Police Chief Earl Cook who will serve as acting chief.
Source: Washington Post
By admin
Since 2005, when New Mexico became the first state to pass a law requiring an ignition interlock device for all people with DUI convictions, 10 other states have enacted DUI laws mandating DUI offenders install ignition interlock devices.
The ignition interlock law campaign is gaining momentum. The federal transportation funding bill that will be discussed by Congress this fall requires every state to mandate DUI offenders install ignition interlock devices. It states don’t pass such a law, the state governments may lose federal highway funding.
An ignition interlock device requires a driver blow into a breathalyzer before the car will start. It will stop the engine from starting if alcohol is detected on the driver’s breath.
Currently, 47 states and Washington D.C. require ignition interlock systems for some offenders. Alabama, South Dakota and Vermont are the only states to not have any such law.
Supporters of the law point out that New Mexico was one perennial national leader in alcohol-related crashes, but when the state launched a campaign and passed an ignition interlock law, there was a 35% drop in DUI deaths.
Today, there are 150,000 vehicles that have ignition interlock systems installed. If every driver with a DUI conviction were required to install the divorce, there would be close to 1 million.
Source: USA Today
By admin
“I really think I’m only borderline and not too drunk,” Jeffrey Donovan told officers during his DUI arrest, according to a report.
The “Burn Notice” star allegedly told police the only mistake he made was drinking Benadryl and three glasses of wine on the night of July 11.
Donovan, 41, was arrested after his car “quick swerved in order to avoid striking the rear of the patrol car,” his arrest affidavit states.
The actor had bloodshot and watery eyes and his breath reeked of alcohol. He failed a field sobriety test, according to police. After Donovan refused to take a breathalyzer, he was booked at Miami Beach police headquarters. He was released hours later.
Source: People.com
By admin
Travis Peterson decided he was too drunk to drive home after attending a Dave Matthew Band Concert. The 19-year-old tried to sleep off his buzz in his car, but was awoken by a state trooped who ordered him to clear the lot.
After Peterson left the lot, just south of Milwaukee, to drive to his house in Dixon, Ill., he was pulled over and arrest for drinking and driving. Peterson was found guilty of DUI and ordered to 60 days in jail.
On Wednesday, July 15, a Wisconsin appeals court ruled in favor of Peterson, commending him for trying to sleep his buzz off instead of driving. The appeals court ruled that the DUI court was wrong not to let Peterson argue police had entrapped him.
“Drinking alcohol to excess, while inadvisable and unhealthy, is not unlawful by itself,” the press reported the appeals court as saying.
Peterson’s age was not addressed by the appeals court.
Source: The Chicago Tribune
By admin
According to the National Highway Traffic Safety Administration’s Fatality Analysis Reporting System, California DUI deaths have dropped 9.1% for the third year in a row. In 2007 nearly 1,132 people died in DUI accidents, while in 2008, the number decreased to 1,029.
“With this third year of declines in DUI deaths, we can truly call it a trend, a trend of life saving importance,” said Christopher J. Murphy, Director of the California Office of Traffic Safety (OTS).
“Law enforcement, state and local agencies, Mothers Against Drunk Driving (MADD) and other safety advocates, and the people of California have come together to address this deadly problem and are now seeing the results. As positive as these figures are, though, we can never let up until we achieve our goal of zero deaths.”
The count for 2008 marks a total decrease of nearly 21% from the most recent high statistic in 2005.
California has used many different tactics to address the DUI problem, including increasing youth public awareness programs, as well as hospital and jail based intervention programs.
The state has also expanded prosecution and probation. Police have increased DUI checkpoints, the Avoid DUI Taskforces program and Report Drunk Drivers – Call 911 campaign.
Source: PRNewsWire.com
By admin
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 admin
On Saturday, July 11, Jonathan Schultz was pulled over near Rising Sun, NC for driving 69 mph in a zone marked for 50 mph.
According to police, when the deputy approached, he smelled alcohol on the man’s breath. The deputy then noticed the man from Newark, Del. was partially exposed, with only a towel covering him below the waist.
Schultz told the police that he had lost his pants and a search of the car didn’t turn up a pair. The 41-year-old is facing DUI charges.
Source: WITN.com
By admin
The North Carolina Senate approved a bill that would allow repeat DUI offenders with suspended driver’s licenses a chance to earn a permit back.
If the bill is passed, people convicted of habitual impaired driving will be able to ask the Division of Motor Vehicles to be reinstated if they have had a clean criminal and traffic record for 10 years.
For those who are able to obtain a license, the law wouldn’t allow them to be driving with a blood alcohol level of any level within the next seven years.
Those who favored the bill said it’s only fair that repeat DUI offenders have a chance to get their licenses restored since others who have licenses revoked for other reasons can. But critics felt that it wasn’t right to give these types of offenders another chance.
Source: The News & Observer