Checkpoints is your one stop for useful and unusual DUI news from across the country. We're part of the Total DUI network, a free resource for anyone wanting information on DUI laws, arrests and everything else. We want you to protect you. This means knowing the laws, and, as we'll show you, it also means knowing what not to do.
The content found on the Checkpoints DUI Blog is not legal advice and is purely for informational purposes. TotalDUI, LLC. does not guarantee the accuracy, integrity or quality of submissions. The information provided by the bloggers on this site may not represent the opinions of the site editor(s), Total DUI, Inc. or its affiliates. The information contained herein is not a substitute for the advice of an attorney. For additional disclaimers, please visit our Terms & Conditions.
Richard Simard, one of New Hampshire’s state liquor commissioners, was arrested for driving while intoxicated recently after being pulled over and refusing to take a Breathalyzer test.
As a result, Gov. John Lynch removed Simard from the liquor commissioner’s office, according to an article in the Concord Monitor.
While Lynch agreed that Simard was innocent until proven guilty, his refusal to submit to testing was not appropriate. “It is simply unacceptable for a liquor commissioner, stopped by the police on suspicion of driving under the influence, to refuse a Breathalyzer test,” he said in an email statement. “Under the circumstances, Richard Simard’s continued presence on the Liquor Commission would compromise the integrity of the Commission.”
When Simard was stopped by officers at 11:30 on a Saturday night, they smelled alcohol coming from his BMW. Officers had received a tip that a drunk driver might be headed their way, and they pulled the car over when it matched the description provided. Officers followed the car and noticed that it was being driven erratically, so they pulled it over.
They asked Simard to perform a field sobriety test, and after he refused to take the Breathalyzer they arrested him on charges of DWItitle. He was charged with speeding and released on $1,000 personal recognizance bail.
Police also noted that Simard did not answer any of their questions during the arrest.
Simard had been on the Liquor Commission since July of 2008 to fill the term of a commissioner before him who had retired. That initial term expired in 2009, but Simard remained in holdover status. This status allowed the governor to remove him from office at any time.
The New Hampshire Liquor Commission, according to the article, “regulates the manufacture, sale and consumption of alcohol in the state and operates the state stores that sell wine and spirits. It also enforces the state’s liquor laws.”
Sales of alcohol through the commission reached almost $500 million, and provided more than $100 million in profit to the state of New Hampshire.
Simard has owned several businesses in New Hampshire, and said at the time of taking office that he hoped to streamline distribution networks, improve stores and raise profits on alcohol sales.
According to Louisiana DUI laws, refusing a breathalyzer test can help drunk drivers avoid DUI penalties, so state Rep. Tim Burns, R-Mandeville, is looking to pass stricter DUI laws to combat this problem.
If a person refuses a breathalyzer today, he or she may face a 180 day driver’s license suspension. The new DUI laws Burns is purposing would suspend a driver’s license for one year for refusing a breathalyzer test the first time.
The bill has been passed by Louisiana lawmakers and is waiting Governor Bobby Jindal’s signature. The law would become effective Sept. 1.
“The tide has really shifted in this issue,” Burns told the press. “It wasn’t that long ago that you could have open containers in the cars, and that’s slowly been gotten rid of, and I think as we move to a society and a state that’s more conscious of this issue, it’s just trying to provide for the public safety of it’s citizens.”
The bill has been criticized by some for infringing on people’s civil liberties, but it is receiving support in most communities.
A response was sent by Mothers Against Drunk Driving, MADD, supporting the bill. MADD expressed that eventually, the group would like to see breathalyzer refusal a criminal offense.
Both driver and passenger were charged with DUI in Lanesboro, Minn., recently.
According to the Winona Daily News, the passenger of the vehicle grabbed the wheel of the car, causing the vehicle to careen into a ditch. When officers arrived, they found both the driver and the wheel-grabbing passenger had been drinking.
Even though the passenger was only in control of the vehicle briefly, she was still charged with a DWI. That drunk driving charge may stay with her for the rest of her life. The consequences could long outlive any jail time or fines she might face.
The long-lasting consequences are well-illustrated by a story out of Canada (via Paul Kennedy). When a man applied for appointment to a judicial seat in Grand Falls-Windsor he “forgot” to list a DUI conviction from 18 years ago. When background checks discovered this fact, he was forced to resign in what he calls “the worst day of my life.”
And speaking of Canada, Marina Sedai, of MCRea & Associates points out on Twitter that a DUI may be make someone “criminally inadmissible” from visiting or immigrating to Canada.
Add these stories together and you’ll see why so many people choose to seek the help of a DUI lawyer when fighting their DUI charge.
The busy season for DUI arrests may be over, but police officers across the country are still keeping their eyes open for drunk drivers.
What can you expect when you get pulled over? TwinCities.com offers a great video ride-along with Minnesota State Trooper Adam Flynn, who is has led his department in DUI arrests each of the last four years.
In the video, which was shot in St. Paul, Officer Flynn talks about what he looks for when stopping drivers, and you’ll even see a full arrest, with field sobriety test, breathalyzer and booking.
Each year in Minnesota 40,000 are arrested for DUI, according to the Department of Public Safety. This winter, the state started a program to let citizens give “Designated Driver Certificates” which promise a safe ride to a friend.
While DUI penalties vary from state to state, it is important to know that they most often increase after a first conviction.
Some states have DUI laws in which multiple convictions can lead to longer driver’s license suspensions, prison sentences or time spent with ignition interlock devices installed in vehicles, as just a couple of examples.
This point about increased DUI penalties for multiple convictions is especially clear in the recent case of a 53-year-old Texas man, who may now spend the rest of his living years in prison following his tenth DWI conviction:
Some South Dakota DWI defendants may soon find themselves wearing leg bracelets that will continuously monitor alcohol content.
Since January 2005, South Dakota DWI suspects in some counties have been required to submit to breathalyzer tests twice a day while their cases were pending. However, the program has been difficult to implement in rural areas.
South Dakota DWI enforcement agencies have now received 25 of 100 alcohol monitoring bracelets purchased by the National Highway Transportation Safety Administration (NHTSA). These bracelets will allow remote monitoring of the alcohol content in the defendant’s sweat.
The North Carolina legislature recently approved a bill that will limit the authority of judges in DWI cases.
The change in language comes in response to a study that indicated that many judges were dismissing DWI charges or making not-guilty findings in cases where the breathalyzer test reading had been at .08 or above if evidence indicated that the driver had not been impaired.
PAID ATTORNEY ADVERTISEMENT: THIS WEB SITE IS A GROUP ADVERTISEMENT AND THE PARTICIPATING
ATTORNEYS ARE INCLUDED BECAUSE THEY PAY AN ADVERTISING FEE. It is not a lawyer referral service or prepaid legal services plan. Total DUI is not a law firm. Total DUI does not endorse or recommend any lawyer or law firm who participates in the network. It does not make any representation and has not made any judgment as to the qualifications, expertise or credentials of any participating lawyer. The information contained herein is not legal advice. No representation is made that the quality of the legal services to be
performed is greater than the quality of legal services performed by
other lawyers. Any information you submit to Total DUI may not be protected by attorney-client privilege. All photos are of models and do not depict clients. All case evaluations are performed by participating attorneys. An attorney responsible for the content of this Site is Kevin W. Chern, Esq., licensed in Illinois with offices at 25 East Washington, Suite 510, Chicago, Illinois 60602. To see the attorney in your area who is responsible for this advertisement, please click here or call 866-200-8052.
If you live in Florida, Mississippi, Missouri, New York or Wyoming, please click here for additional information.
The content found on this blog is not legal advice and is purely for informational purposes. Total DUI does not guarantee the accuracy, integrity or quality of submissions. The information provided by the bloggers on this site may not represent the opinions of the site editor(s), Total DUI or its affiliates. The information contained herein is not a substitute for the advice of an attorney. For additional disclaimers, please visit our Terms & Conditions