How Michigan’s Super Drunk Statute Works
A night out with friends, maybe a few drinks during the game, and maybe a few more after victory and a decision to ride yourself home while intoxicated could land you into problems with the law.
Now, if you’re in Michigan, you live in a liberal state where you are allowed to drink and drive, provided your alcohol limit also known as Blood Alcohol Level (BAC) is under .08. Once you reach or exceed the .08 limit, you are above the legal limit and vulnerable for arrest.
However, once your BAC reaches .17, which is roughly double the legal limit, you are considered as “Super Drunk.”
While the super drunk offense is still considered as a misdemeanor in Michigan, the consequences are far-reaching and might be quite severe in some cases. In fact, the charges or rather penalties for super drunk are twice, on average to those of standard DUI charges and this is why it’s always advisable that you hire Patrick O’Keefe a criminal justice attorney in Lansing MI, once you’re charged with Super Drunk driving.
What is Super Drunk
In late October 2010, the state of Michigan enacted a new law known as the High Alcohol Enhanced Law.
The High Alcohol Enhanced Law, popularly known as the Super DUI or Super Drunk OWI law, usually addresses the first time DUI offenders.
Like its name suggests the Super Drunk enhanced law enhances or rather boosts the penalties for those convicted of those driving with excessive BAC.
Typically, a conviction under the new super drunk law will result in a myriad of consequences, including compromising your driving privileges as well as jeopardizing your future employment. More disturbing, a conviction under this law will create a permanent criminal record for you.
Super Drunk Statistics
Not every drunk driver is convicted with the super drunk offense.
As we had mentioned earlier, this law is only applicable to first time DUI offenders or those with no previous DUI records in the last seven years.
In addition to having no prior drunk driving records, the super drunk law is applicable when your BAC is .17 or higher.
In a nutshell, you can only be convicted for super drunk if:
- It’s the first DUI offense
- Have no previous drunk driving convictions in the last seven years
- Your blood alcohol content is more than .17
Regarding BAC, a unit of alcohol increases your BAC by .025, so when you’re convicted of being super drunk, you have approximately six to eight drinks of alcohol.
If this is your repeated offense, regardless of whether it’s .08 or 0.17, it’s regarded as a second offense category. The second offense charge is a whole new and different crime from Super Drunk.
For drivers with no prior drunk driving convictions, they are liable for “enhanced” penalties including:
- 45 days of no driving
- 320 days of controlled driving
- Fines
- Possibility of a jail term
Super Drunk vs. Standard OWI
| Consequences | Standard OWI | Super Drunk |
| Potential Days in Jail | 93 days | 180 days |
| License Suspension | 30-day suspension | 45-days suspension |
| Restricted driving | 150-days restriction | 320-days restriction |
| Fine | $x | $2x |
| Extras | Have a BAIID installed in your car, Receive alcohol treatment for a minimum of one year |
Collateral Consequences of Super Drunk Conviction
As we had mentioned in the introduction, the consequences of super drunk charges are far-reaching, and will even go beyond what we’ve mentioned above.
In any case, like any other felony, the consequences will splatter to other areas of your life.
For instance, your insurance provider will require you to remit higher premiums because you’ve already displayed negligence in your personality. In extreme cases, some of the insurance providers might even drop your insurance altogether, rendering you unable to drive.
Additionally, your super drunk criminal records can be accessed by third parties, and this will severely jeopardize your reputation when looking for a job.
And as we had mentioned, the judge might require you to install a Breath Alcohol Ignition Interlock Device (BAIID) during your restricted driving period. Understand that it will be your responsibility to purchase, install and maintain the BAIID and might have an effect on your finances.
Why You Need a Michigan Super Drunk Attorney
When convicted using the Super Drunk law, the stakes are always high, as you could even end up in jail.
Fortunately, you can hire Patrick O’Keefe Law to fight for you.
Why a DWI Lawyer is Vital and How You Can Choose the Right One
You’re facing DWI charges, but you do not know what to do. You think you should contact a lawyer, and you are on the right track, but a lawyer who doesn’t specialize in your area of focus may not be the best choice. You need a DWI lawyer for several reasons. The following will tell you why and how to choose one.
First off, you want to avoid bad advice. It is easy to get wrong information about your situation; for example, a friend might tell you they know someone who knows something about law and that this person could help. Do not get fooled by this kind of information because it’s free. You need to recognize that DWI lawyers have helped many people and will help you if you give them a chance.
What Does a DWI Lawyer Bring to the Table?
The problem with criminal lawyers is they do not understand DWI/DUI cases as well as the specialists. These types of attorneys may very well suggest that you enter a plea deal when you probably have a good chance of winning if you fight.
Why Should You Hire a Specialist?
Most of the time, the charges against you are backed by science. This usually makes it seem like there is no way to fight these charges, but you can fight if you know how to do it.
The evidence prosecutors have against you is pretty flawed, and DWI lawyers know how to use that in your favor. Take the breath analysis as an example; there are all sorts of reasons why the reading in the breath analyzer could be off.
How do You Choose a DWI Lawyer?
Okay, now you know why a good DWI lawyer is a good idea, but how do you go about choosing one? First off, you cannot just find the most inexpensive lawyer. It is your life on the line, and you deserve the best, not the worst. The following are a few things you should look for:
Great Record
The first thing you want to do is to make sure you look for a DWI lawyer with an excellent track record. It may feel a little strange to ask your potential lawyer questions about his or her history, but you can ask. You want to hear that this person has won several cases, including some that sound like yours.
Local Presence
Make sure you find a lawyer that knows your area. A lawyer will probably have connections with judges and prosecutors. The relationships of a locally based lawyer have nurtured valuable connections that may help you get a better deal. Just ask this question so that you know you are working with the right person.
Scientific Background
The evidence prosecutors have against you is related to science, so it might be a good idea for your lawyer to have a background in science. The good thing is many good DWI lawyers have some knowledge of science. You want this because this means they’ll be stronger lawyers.
AVVO Rating
A good lawyer has a good AVVO rating because past clients and people they have worked with think highly of them. You can check this score online, and you’ll know if this is a person you want to work with.
Hopefully, this information helps guide you to the right lawyer to handle your DWI case. Having a good lawyer by your side may increase your chances of coming out on top and beating the case against you.
Have You Been Drinking: Indiana DUI Laws
It is crucial to understand the repercussions of drunk driving. You also need to weigh the benefits and the consequences. Though I purport, there are no benefits of taking alcohol. There is a need for a person to think if it is worth driving while drunk.
It needs to be clear that you don’t need the looming Indiana DUI threats to keep you from driving while drunk. But, if you get yourself in such a fix, Indiana DUI laws are ready to deal with you in that case. The rules intend to punish drunk drivers and keep people away from committing this crime again.
Operating While Drunk
Indiana’s DWI regulations also apply to individuals who might have drugs in their systems. There is a possibility of street drugs or prescriptions to get you intoxicated. This will in-turn have adverse effects on your potential to drive.
Taking the wheel under alcohol influence, Indiana calls this “Operating While Intoxicated.” Jurisdiction of Indiana laws is not limited to automotive operation. It also applies to boat navigation.
Legal Extents
People have different reactions to the consumption of alcohol. For that reason, most of the state’s examines an individual’s blood-alcohol concentration (BAC). This is to find out the inebriation serenity.
In Indiana, if your BAC gets to 0.08% mark, the jury needs no extra evidence to find you guilty of drunk drinking. That means you will receive charges of OWI. Be sure to contact a defense lawyer in case you are arrested.
The legal drinking age in Indiana is 21 years old. If you are below this age, your BAC should not go beyond the 0.02% level. The policy is known as “zero tolerance law.” The law can still find you guilty of drunk driving even if you’re underage. Despite taking alcohol and not feeling drunk.
Getting Pulled Over
If the law enforcer suspects you of being drunk, they will give you a test to see the alcohol levels in the system. The examination measures your blood, breathing, or body waste. In Indiana, the law-enforcer decides the type of test you need to go through. You are not supposed to consult your attorney before taking the test.
Indiana DUI Penalties
If you are above the legal drinking age, once they find you guilty of OWI, you risk facing license suspension for two to three years. You’ll also have your driving permit put on administrative break for about six months.
The basic rule is that drunk driving is punishable by Indiana laws. If your BAC is between 0.08% to 0.15% or you have been using drugs, you’ll be guilty of Class C misdemeanor. The crime is punishable by serving 60 days of jail time and a fine of close to $500.
Being a first-time offender will result in having your license suspended. You’ll also receive an interlock gadget put in your vehicle to help examine BAC levels before starting the car engine.
Habitual Offenders
In Indiana, DUI penalties will get worse for persons who have been found guilty several times for OWI. Having 2 OWI offenses within ten years, you’ll lose your license for a decade. You risk having your license nullified for not following the Indiana DWI laws thrice or four times.
Indiana DUI Laws
Penalties upon conviction are quite severe, and there is a need to think twice about OWI. You will need the help of a lawyer if you’re found guilty of breaking the Indiana DUI laws. Do not drink and drive.
Contact us for more information on your rights.
Here’s What Tennessee’s New Hands Free Driving Law Means for You!
In the United States, about 9 people die every day due to distracted driving. Among the causes of distracted driving is cellphone use while on the wheel.
This has called for the enactment of laws which focus on the reduction of distracted driving one of which is the Tennessee law banning holding phones while driving.
Under the new hands free driving law, you’re liable to a fine for endangering motorists by looking at your phone.
Read on to find out more.
The Hands Free Driving Law
From the 1st of July 2019, Tennessee drivers are prohibited by Public Chapter 412 from:
- Holding a mobile device or cellphone with any part of their bodies,
- Writing, sending or reading of any text-based communication,
- Reaching for a cellphone or other mobile device in a manner which requires the driver not to be in a seated driving position or not properly restrained by their seat belt,
- Watching a video on a mobile device or cellphone,
- Recording or broadcasting videos from a mobile phone or cellphone.
These changes to the driving laws will be in enforcement by law enforcement agencies all across the state.
In the same law, drivers are only allowed to push a single button when accepting or ending a call and not anymore. This means that, if the driver sees a call on their phone, they are only allowed to press the accept button, talk and then press the end button again. As a driver, you’re not allowed to hold the phone up to your ear to talk.
To talk, however, you’re allowed to do so on your earpieces or headphones or through the car’s speakers.
What This Law Means
First of all, you’re not allowed to have a phone on any part of your body. That means that even when you’re not using your phone, having it in your hands is in violation of this law. The phone can be in the cup holder or another part of the car but not on your body.
Secondly, reading, writing or sending a text message means that you’ll be holding your phone in the first place. As such, you’ll be violating two provisions of this law; holding and engaging with text-based communication.
The third provision requires that you don’t reach for your phone in a manner which requires you to move from a driving position, or you’re not properly restrained by your seat belt.
As such, it means that your phone should be close to you yet not on your body. Phone holders that allow you to easily reach for your phone without stretching out will come in handy here. These allow you to reach out with a finger to accept, reject or end a call while still in your natural driving position and restarted by the seat belt.
Watching a video or movie on your phone isn’t permitted for the obvious reasons; it distracts you from driving. Also, recording or broadcasting a video as you drive isn’t permeated as you’ll get distracted from the steering wheel.
If you’re caught with any of these offenses, you’ll be liable to pay a fine as per the seriousness of your offense. You can find a law firm that’ll defend you in court if you’re sure you’re penalized unfairly.
The Reason Behind This Law
While there are other aspects that that contribute to distracted driving, the increasing number of mobile phone users resides concerns as more phones available means that more drivers will have them. They will also try to use them as they drive.
The focus of this law is thus to better these statistics. The reduction of the number of people likely to die from distracted driving will have results from penalizing drivers.
The Penalties for Breaching These Provisions
What happens when you flaunt any of these rules? The penalties are as follows:
- A first offender will get fined $50.
- If you’re committing the offense for the third or subsequent time, you’ll part with $100 as a penalty.
- If your distracted driving led to a crash, you’ll also get fined $100.
- If you’re found using your phone in an active school or work zone, the fine goes up to $200 per offense.
These fines are serious enough to dissuade you from using your phone in any way as you drive.
What Does This Mean for Drivers?
As a driver, the TN hands free driving law has various implications such as the following:
1. You can only use your phone in a true emergency which, according to the law, “threatens human health, life or property, and voice-to-text technology and hands-free devices are still allowed.” Unless you can prove that you held your phone in an emergency, you’re liable for the penalty.
2. You can use your phone when you’re a law enforcement officer and you’re using the phone for work purposes only.
3. When you enter your car, you should put your phone somewhere within the car and not on your body. The place you place it shouldn’t be far away that you’ll need to stretch and distract yourself from the driving.
4. You can use the services on your phone with accessories such as Bluetooth devices, headphones, and headsets. This means services such as reading and writing text messages will not be possible. However, with dictation services available on modern smartphones, you can use most services provided you’re doing so handsfree.
With a proper understanding of this law, you can easily avoid the driving fines set for flaunting this law.
Learn About the New Hands Free Driving Laws
The Hands Free Driving Law, which comes into effect on the 1st of July, will ensure hands free driving without necessarily being inhibitive.
Already, you’re expected as a driver to exercise hands free driving to keep you pr focus on the road ahead. Learn more about this law to avoid penalties or risking your life.
Browse our blog for more interesting articles.
Seven mistakes that can expedite a DWI conviction
The days after a DWI arrest can be confusing and scary. Spending time in custody, while the law enforcement officers bring the charges against you, can be a jarring experience for anyone. That is especially true when you are sure that your BAC was way under the limit and you were not intoxicated while driving home.
However, every minute you sit at home doing nothing, you reduce your chances of getting a fair trial. Sometimes, we make mistakes during these trying times without even realizing so. Here are the 7 mistakes you should never make after a DWI arrest –
i. Taking too long to contact an attorney
Choosing DWI attorneys can be difficult, but you should never wait until your trials to hire your DWI lawyer. Being wholly inactive or hiding at home after a DWI arrest never works in favor of the accused. You need to hire a DWI lawyer immediately after your arrest in NY, or at least within the 45-days till your arraignment.
ii. Not hiring someone local
Unless you are working with a DWI attorney, who has practiced in Long Island or NY for a long time, you are making a mistake. Choosing a local law firm will ensure that your legal team knows about the DWI laws in the state of NY. Most importantly, they may have handled cases similar to yours in the past.
iii. Driving after license suspension
Those 45-days between your arrest and arraignment can seem like eons. However, if you don’t have an active driver’s license, it is best not to drive while your license is invalid. It can add up to your misdemeanor charges. In the state of New York, such a charge can lead to up to one year in jail.
iv. You don’t take your charges seriously
DWI in NY might not be a “criminal” offense, but it can change your life as you know it. The conviction will go in your criminal record permanently, and you will have to pay hefty fines. Moreover, the court might revoke your license for up to a year following conviction. DWI is a serious charge with severe consequences, which you need to consider.
v. Not appearing in court
It is usually a result of not taking the charges too seriously. When you don’t appear in court, you are likely to have a bench warrant for your arrest. It also voids any bail bond. The next time the police stops you, you will have to spend some quality time in jail.
vi. Talking to friends and family
While the support of friends and family is essential, it can never replace the professional advice of a DWI attorney. To think that you can DIY your DWI defense is not only impractical but also impossible in the state of NY.
vii. Pleading guilty
There are times when you will feel that pleading guilty will save you all time and effort. Well, whether you are guilty or not, you should speak to your expert DWI lawyer from NY first. Without consulting a lawyer, it would be foolish to take such a critical step.
In the state of New York, no matter how simple or complex your DWI case seems, you need to speak to an expert attorney. Taking smart decisions at the right times can save you much hassle in the near future. It can save you hundreds of dollars, license revocations, and ignition interlock installation on your vehicle.
Follow these four tips for finding a DUI lawyer
Have you ever been pulled over and charged for driving under the influence of alcohol or drug? Of course, this can be very problematic and embarrassing, mostly if you’re with family and friends. Also, not to mention the setback it would cause to your reputation at your workplace. Usually, before a police officer arrests you, he/she will believe that you must have taken some amount of alcohol.
Nevertheless, before the court can convict you, there must be proof that you had a drink. Furthermore, many things can come to play in this scenario. The officers may most likely put you through several intoxication tests. These tests include the National Field Sobriety Tests, Horizontal Gaze Nystagmus Test, and more. Though these test may not be very accurate if they administer it, you can’t avoid them. Therefore, you need a good DUI lawyer to fight your case. It’s important not to go for a random lawyer but one with lots of experience and proficiency — one who would expose and uncover the reliability of the said tests.
Nevertheless, there are important basic tips in finding a good DUI lawyer, and we shall be discussing it shortly.
Follow these four tips for finding a DUI lawyer
• Experience and expertise
Gone are those days when you need just a random lawyer handling your case. It’s important to note that every lawyer has their areas of jurisdiction. Therefore it will be of great advantage to contract a lawyer with lots of experience and expertise in DUI cases. More so, a good DUI lawyer knows your right and how to look into the case to your favor. Most certainly, they will be familiar with the kind of arguments which the prosecutor will bring forth in the court. A DUI case could be very complex, but not with an experienced DUI lawyer.
• Do a research
Knowledge, as we say, is power. Therefore, it is very important, and you shouldn’t ignore it. Researching for a good DUI lawyer would give you an edge over the prosecutors. Also, it will save your reputation, time, and resources. You need a good DUI lawyer that would listen to you and has good knowledge about your case. Searching for one could be a bit tedious, but it’s worth it. It’s a good thing we now have the internet and social media platforms for easy access to information. Also, it will be a good idea to get lawyers who your friends and family members recommend. Maybe, they’ve seen the lawyer in the past handling successful DUI cases.
• Arrange a one on one meeting
When the decision of choosing a DUI lawyer faces you, it is important to schedule a one on one meeting. Meet with your potential lawyer gives you the best chance to evaluate if he’s the best fit for your case. Also, it will enable you to find out his personality and determine if you can work with him. In the course of this meeting, it’s also important to find out the number of DUI cases he has won. This will help build your confidence and help you make the right decision. Furthermore, you have the opportunity to ask questions concerning how he intends to go about the case. All of these interrogations and findings would help you to determine if he can handle your case and if you should hire him.
• Examine the attorneys on your list
At this point, what matters is going for only the best. To examine the best attorney entails you to look further to the ethical record of the lawyer. Also, it would be most beneficial to contact a lawyer who’s familiar with the legal settings of the court. A local lawyer would have visited the court severally and would be preferable. More so, the judges and prosecutors would be acquainted with the lawyer. After observations and interrogations, you would have concluded the best representative to handle your case. Lastly, you need to go for an attorney that is affordable and can suit your budget.
Conclusion
The choice of selecting the best attorney is the first step that would either make you win or lose your case. Following the four basic tips above would enable you to find the best attorney for any DUI case. However, if you’re confused about getting a good DUI attorney, you can find a good one here. We can take up your DUI case at an affordable fee. We are happy to share your testimonies and satisfaction.
The DWI Charges and Penalties You Can Expect for Drunk Driving
Were you recently arrested for a DWI?
You are probably feeling a little embarrassed, and if you spent a night behind bars, you might have experienced an evening you’ll never forget.
Unfortunately, self-recognizance and a sleepless night is rarely the only penalty for Driving While Intoxicated.
In the months and sometimes years following DWI charges there will undoubtedly be plenty of disruption in your life.
Besides all of the court dates and other scheduling, you could face fines and court costs well over $10000 and in some states a minimum of 10 days in jail for your first offense.
If you have recently been charged, here are the DWI charges and penalties you can expect for drunk driving.
Lost License
Every state in the country will put severe restrictions on your ability to drive a car after a DUI.
Typically, your physical driver’s license is revoked after your arrest. In the days, weeks and months that follow you may be able to get a hardship license to continue driving back and forth to work, court and medical appointments.
So, long as it is your first offense, you should be able to regain your driving privileges within 60-90 days, but it could be as much as a year.
A DWI defense attorney will help you arrange for a minimal amount of disruption to your life, but you should expect some serious driving restrictions for sure.
Court Costs
While the fines associated with drunk driving can be as little as $500, there will also be court costs, including paying for your lovely night in the slammer.
Expect to pay somewhere between $2500 and $10k in fines and costs before your case is resolved.
Of course, navigating the legal system with the help of a professional may end up costing less even including legal fees.
Insurance Costs
In addition to the penalties and fees that the court will charge you, prepare to have your insurance premiums raise a good deal.
Your car insurance company will consider a DWI to be equal to or greater than a reckless driving ticket.
Prepare to have your rates doubled, or even tripled and to be dropped entirely from your carrier in some cases.
Plenty of Lost time
Expect to take a good deal of time away from your regular schedule to deal with a DWI.
There will probably be multiple court dates to deal with, and every jurisdiction has a different process for dealing with a driver convicted of a DWI.
Chances are you can expect a multiple-day course in safe driving and alcohol abuse.
If you don’t have to spend any more time in jail, you will almost certainly have to do some community service as well.
What To Expect with Your DWI Charges
As you can see, if convicted of a DWI you can expect lost money, lost time and loss of freedom.
DWI charges can result in the most restrictions of all non-felonies.
However, by using this resource for finding an expert, you may be able to avoid some or all of the costs and penalties mentioned above.
Driving Under the Influence: 6 Reasons Never Ever to Do It
You have been aware that driving under the influence is one of the worst things you could do, but still every now and then you succumb to the pressure and have “one more for the road”. In order to finally make yourself quit that dangerous habit of yours (yes, if it happened more than once, it is already a habit, mind you), carry on reading why exactly it is absolutely abominable to drive under the influence.
It’s your fault
First of all, face the fact that if you find yourself in the middle of a car accident, you will be pronounced guilty despite following all the traffic rules (apart from the one about not taking alcohol). Even if you’ve got the tiniest trace of liquor in your body, you will be declared as a driving hazard and the main culprit. The driver who actually caused the accident and was completely sober will have it much easier regardless of the offence. In the eyes of the law, you’ll always be the guilty one.
Impaired vision
You may think you’re perfectly able to drive because your vision isn’t blurred, but that is hardly a reliable indicator of your state. Excessive alcohol consumption affects how you estimate the distance between the vehicles, and sometimes it will be difficult to control your eye movement as well. What is more, your peripheral vision will be impaired, too.
Slow reactions
Have you ever seen an athlete compete after they’ve been drinking? Of course not. One of the reasons is that motor skills are suffering. Your eye, hand and foot coordination will not be of the desired level, so you’d better call a taxi in that case.
Bad concentration
Drinking and driving seriously messes with your good judgment. Your ability to concentrate will deteriorate, which has delayed decision making as a consequence. A similar thing happens if one is driving under the influence of cannabis. It takes longer to press the brake or to track your own speed because you’re subconsciously dilly-dallying. However, one wrong decision is all it takes for an accident to occur.
Costly mistake
If all of the above seems a bit far-fetched, as you keep convincing yourself it never happens to you, how do you feel about paying a fortune for a couple of shots? Because that’s exactly what you’ll be doing if you drive under the influence. Having worked hard to buy your ride, would you so willingly give it all up? Not to mention when you are forced to pay for the repairs of another driver. In addition, even if it’s just a minor scratch that money could’ve been spent in a much better way.
Guilt factor
You may serve your sentence and be set free. You may buy a new car or fix everything and make it look as good as new. However, how comfortable would you be living with the fact that you’re sheer irresponsibility caused death? The feeling of guilt does not disappear just because your punishment is over, nor does the pain for losing someone. By DIU you’re risking everybody’s lives. In case you’re living in a small environment, you can expect your reputation to crumble and to be constantly reminded of your crime. Essentially, that is exactly what DUI is – a serious crime.
Finally, post traumatic stress is something you can expect to struggle with if you’re driving causes any kind of an incident.
Hopefully, we have deterred you enough from drinking and driving. In this regard, it’s much, much better to be safe than sorry.
DWI or DUI: What’s the Difference and Which One is Worse?
So you’ve been pulled over and been slapped with a DWI charge.
What is that? Is it worse than a DUI charge? Is there a way to determine the severity of a DWI? What if it’s worse in some states but not others?
Luckily, all of these questions can be answered. If you’re interested in learning more about the differences of a DWI vs. DUI, keep reading. We’ll be able to walk you through the legal process.
DWI vs. DUI: The Basics
First things first: What are DWI and DUI charges?
Most times, DUI means “driving under the influence.” Under the influence can reference drugs or alcohol. It’s used by many states in reference to alcohol though.
DWI can mean a couple of different things. “Driving while impaired” or “driving while intoxicated” seems to be the common terms used for this acronym. In the state of Minnesota, as many as 25,000 drivers were charged with DWI’s in 2015.
For many states, a DWI charge is an umbrella charge for those caught driving with drugs and alcohol in their systems.
States Determine Severity of the Charge
Since states have the ability to set their own alcohol and drug consumption laws, that means DWI and DUI charges may vary. For some states, a DUI is far more severe and could land you a long prison sentence.
For other states like Minnesota, a DWI charge is the only option and you will see just as long a prison sentence.
If you find yourself charged with an impairment charge, be sure to contact your lawyer to find out what may happen.
Which is Worse?
Because of the varying severity between states, is there a charge that’s worse than the other?
Not really. Both are severe. Both will see you charged civilly and if an accident occurred while you were driving recklessly with large amounts of drugs or liquor in your system, you could be sued for damages.
Either way, driving impaired is a dangerous activity and should be curtailed. You should be prepared for a legal battle if you are caught. Many states are beginning to crack down hard on anyone operating any sort of vehicle while under the influence.
This can include snowmobiles, tractors, and even buggies.
Find a Lawyer to Help You Out
If you fail a field sobriety test and a police officer arrests you, it may be time to contact a DWI lawyer.
Your lawyer will walk you through the charge meanings. If your field test showed high alcohol levels or even marijuana they will help you determine the severity of your charge.
Know the Differences Between Impaired Driving Laws
It’s always important to know the differences between DWI vs. DUI. If you have been charged with drunk driving be prepared to call a lawyer for help.
We’ll be able to walk you through the legal process and explain the severity of the charge.
Tools to Help You Avoid a DUI Charge
While Richmond Hill DUI lawyers can help you if you find yourself facing an impaired driving charge, the best way to keep yourself out of legal trouble is to take steps to make sure you don’t get behind the wheel of a vehicle while intoxicated in the first place. This becomes especially true if you have a previous impaired driving charge on your record, as a second or third offence means more trouble in the future. To avoid a DUI charge, consider the following tools and tips.
Portable Breathalyzers
If you find yourself in trouble with a DUI charge, one of the first things that your Kitchener DUI lawyer may ask is what the results of your breathalyzer tests at the police station were. This is because using a breathalyzer test is one of the most effective ways to determine the level of alcohol in a person’s bloodstream. With this in mind, you can help prevent a DUI before it happens by investing in a portable breathalyzer. Many outlets in both the United States and Canada offer these devices. While they are not permissible as evidence in court, they serve as a good way to judge whether you are too intoxicated to get behind the wheel of a vehicle.
Select a Designated Driver
Without investing in new equipment and fancy technology, you can save yourself a lot of trouble by selecting a designated driver before you go out to a social event where there will be alcohol served. Most social groups who drink regularly institute a rotating system where the designated driver changes with each new event. This allows everybody to enjoy an event with alcohol while also remaining safe. If you don’t think you can get a designated driver, remember that public transportation can benefit you. In the Toronto area, public transportation is more robust than in many other parts of Canada and can thus help keep you from behind the wheel of a car if you have too much to drink.
Ignition Interlock Device
If you have multiple DUI charges, the court may require you to fit your vehicle with an ignition interlock device. This device requires the driver to blow into a mouthpiece before the vehicle can be driven. This provides an extra layer of security to make sure that nobody can drive the vehicle unless they would pass a sobriety test should they get pulled over. While you are no longer required to keep an ignition interlock device in your vehicle after you finish your court-mandated term, It isn’t always a bad idea to have one handy just in case. Some people find the device to be embarrassing, but it is a worthwhile safety measure for those who demonstrate repeated risky behavior.
There are many tools available to people who ardently want to avoid getting a DUI charge. If you have faced impaired driving problems in the past, your DUI lawyer may even recommend some of these ways to keep you on the straight and narrow going forward.
Mass Tsang LLP
1810 Avenue Road, Suite 200
Toronto
ONM5M 3Z2
Canada
(416) 781-1148
