Richie Sambora’s DUI arrest
March 31, 2008 by Attorney Blog
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Mayor at MADD event ’spectacle beyond words’
March 31, 2008 by Attorney Blog
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Wrong-way driver gets more prison time on DNA charge
March 31, 2008 by Attorney Blog
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Richie Sambora’s DUI arrest
March 31, 2008 by Attorney Blog
Filed under DUI
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Mayor at MADD event ’spectacle beyond words’
March 31, 2008 by Attorney Blog
Filed under DUI
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Wrong-way driver gets more prison time on DNA charge
March 31, 2008 by Attorney Blog
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But I wasn’t drinking! Driving Under the Influence of Drugs in California
March 31, 2008 by Attorney Blog
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You don't have to drink alcohol to be charged with a DUI in California. Any drug, legally prescribed or over the counter, as wel as illegal, can impair one's driving abilities. The difference with a driving under the influence of drugs is how to prove it in court.
The easiest evidence a district attorney has is a blood test. Lacking that, the state is forced to show a person is under the influence by looking at the person's driving, Erratic driving patterns. Tell tale signs of being under the influence of a drug. Field Sobriety tests.
A typical police officer will not be able to testify as to whether a driver is under the influence. Typically an officer with training will be called in. These officers are called Drug Recognition Evaluators, and must follow specific procedures to evaluate the driver.
In California, you will need a qualified defense attorney to make sure procedures were followed, and be prepared to question the final results of the officer.
New DUI Limit Lowered to .05%?
March 31, 2008 by Attorney Blog
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Vermont may soon be the first state to lower it's drunk driving blood alcohol level below .08%, which is currently the legal threshold in every state.
If Representative Bill Lippert, Chairmen of the House Judiciary Committee in Vermont, gets his way, the new limit would drop to .05%.
The motivation behind Rep. Lipper's proposal is to "send a very serious message that impaired driving is not tolerated on Vermont roads."
If the proposal becomes law, Vermont would be in a category by itself within the United States. However, Vermont would have plenty of international company.
The illegal limit is .05% in Australia, Austria, Belgium, Bulgaria, Croatia, Denmark, Finland, France, Germany, Greece, Israel, Italy, the Netherlands, Portugal, South Africa, Spain and Turkey. Some countries have even lower limits: .03% in Poland and .02% in Norway, Russia and Sweden.
For an interesting contrast, consider that, in some U.S. States, the zero tolerance limit is as high as .02%. This means that minors can legally operate a vehicle with a BAC lower than .02% in these states.
So, what would this mean for Vermont drivers? Essentially, it would mean that drivers would no longer be safe in telling a police officer that they had "one or two drinks." Most DUI lawyers encourage drivers to say this, if true, because one or two drinks will not yield a BAC over the legal limit.
With a legal threshold of .05%, anything more than one drink could possibly result in a DUI (depending on the usual factors: gender, weight, amount of time between drinks).
The legal limit has been lowered several times in the last few decades—from .15% to .10% to .08%. And there's nothing to prevent it from being lowered further.
If Rep. Bill Lippert's idea is enacted into law, Vermont may well be the harbinger of a new nationwide drunk driving limit.
But I wasn’t drinking! Driving Under the Influence of Drugs in California
March 31, 2008 by DUI/DWI Blog
Filed under DUI
Comments Off
You don't have to drink alcohol to be charged with a DUI in California. Any drug, legally prescribed or over the counter, as wel as illegal, can impair one's driving abilities. The difference with a driving under the influence of drugs is how to prove it in court.
The easiest evidence a district attorney has is a blood test. Lacking that, the state is forced to show a person is under the influence by looking at the person's driving, Erratic driving patterns. Tell tale signs of being under the influence of a drug. Field Sobriety tests.
A typical police officer will not be able to testify as to whether a driver is under the influence. Typically an officer with training will be called in. These officers are called Drug Recognition Evaluators, and must follow specific procedures to evaluate the driver.
In California, you will need a qualified defense attorney to make sure procedures were followed, and be prepared to question the final results of the officer.
New DUI Limit Lowered to .05%?
March 31, 2008 by DUI/DWI Blog
Filed under DUI
Comments Off
Vermont may soon be the first state to lower it's drunk driving blood alcohol level below .08%, which is currently the legal threshold in every state.
If Representative Bill Lippert, Chairmen of the House Judiciary Committee in Vermont, gets his way, the new limit would drop to .05%.
The motivation behind Rep. Lipper's proposal is to "send a very serious message that impaired driving is not tolerated on Vermont roads."
If the proposal becomes law, Vermont would be in a category by itself within the United States. However, Vermont would have plenty of international company.
The illegal limit is .05% in Australia, Austria, Belgium, Bulgaria, Croatia, Denmark, Finland, France, Germany, Greece, Israel, Italy, the Netherlands, Portugal, South Africa, Spain and Turkey. Some countries have even lower limits: .03% in Poland and .02% in Norway, Russia and Sweden.
For an interesting contrast, consider that, in some U.S. States, the zero tolerance limit is as high as .02%. This means that minors can legally operate a vehicle with a BAC lower than .02% in these states.
So, what would this mean for Vermont drivers? Essentially, it would mean that drivers would no longer be safe in telling a police officer that they had "one or two drinks." Most DUI lawyers encourage drivers to say this, if true, because one or two drinks will not yield a BAC over the legal limit.
With a legal threshold of .05%, anything more than one drink could possibly result in a DUI (depending on the usual factors: gender, weight, amount of time between drinks).
The legal limit has been lowered several times in the last few decades—from .15% to .10% to .08%. And there's nothing to prevent it from being lowered further.
If Rep. Bill Lippert's idea is enacted into law, Vermont may well be the harbinger of a new nationwide drunk driving limit.
