What You Stand to Lose by Drunk Driving

If you are a drinker, you need to know what you stand to lose by driving drunk. Unless you make a plan for a driver before you head out to party, chances are you will end up driving with alcohol in your system, since the alcohol will impair your judgment. Knowing why this is such a bad idea now is essential to help you plan.

DUI penalties are increasing, even for first offenders. Organizations like Mothers Against Drunk Driving are educating the public and making it the popular political move for lawmakers to increase DUI offenses. The legal blood alcohol concentration level in all states is .08%, which is lower than it used to be.

So if you are caught with a BAC that is higher than .08%, what could happen? The laws vary from state to state, but you could lose your license, head to jail, or be asked to perform community service. You will always have to pay fines for your DUI offense. Education and alcohol treatment is also a typical requirement. Of course, you will have to pay for these classes and assessments.

If the state where your DUI occurs is one that takes your driving privilege away as a result of your DUI offense, you will have to do several things before you can get it back. First, you will have to pay a steep fine on top of the fines that you have already paid. Also, you will have to complete an alcohol education course in order to get it back.

Alcohol education courses typically begin with an alcohol assessment. This is done by a counselor and is used to determine what treatment and education is required. Basically, the test is used to determine if your offense was an isolated event or if you have an addiction to alcohol.

The assessment counselor will determine what classes and treatment you need. You will have to pay the fees for these classes and successfully complete them before you will be given your license. Also, the DUI classes represent a significant commitment of your time.

Once you are ready to get your license back, you will have to prove that you are insured. However, your insurance company may drop your coverage. You can find another insurance provider to cover you, but it will be expensive. Insurance companies view DUI offenses as high risks, and they charge high premiums for those with DUI convictions on their records. It is far better to avoid the DUI at all costs than to deal with these expenses.

For more info, please visit my Michigan DUI help site at http://thelawyermichigan.com/




http://ezinearticles.com/?What-You-Stand-to-Lose-by-Drunk-Driving&id=1235623

DUI and Sobriety Checkpoints

Although many Americans are subjected to random checks for DUI at sobriety checkpoints each year, there is a great controversy over the constitutionality of these checks. Aside from the fact that DUI checkpoints use a huge amount of police resources and seem to be all but an exercise in futility, DUI checkpoints also seem to violate the Fourth Amendment. Opponents of sobriety checkpoints have argued they constitute unreasonable search and seizure, and are therefore unconstitutional.

The argument against checkpoints went all the way to the Supreme Court. In 1990, the Court ruled that DUI checkpoints probably were an infringement on Fourth Amendment rights, but that this detail was minor. The Supreme Court found that getting drunk drivers off the road and eliminating potential public safety risks was more important that the Fourth Amendment's protection against unreasonable search and seizure.

However, in order for these to be legal, the Court set forth some guidelines for law enforcement. These guidelines generally include: 

• Plans for DUI checkpoints must be made by supervising officers and vehicles must only be stopped according to a pre-set pattern. Officers may not decide on the fly to set up a roadblock and pick and choose which drivers to screen.
• The location of DUI checkpoints is to be determined by policymakers, based on DUI statistics, and public and officer safety must be of primary importance.
• DUI checkpoints are to be held for limited periods, to maximize effectiveness and limit intrusiveness. Drivers are to be detained for the least amount of time possible to complete the DUI screening.
• Drivers must be alerted about police roadblocks by visible warning lights and signs. Law enforcement is also required to publish in advance the times and locations DUI checkpoints will be held.

Despite the Supreme Court ruling and guidelines, some states still consider DUI [http://www.totaldui.com] checkpoints unconstitutional. Drivers are not stopped at sobriety checkpoints in Idaho, Iowa, Michigan, Minnesota, Oregon, Rhode Island, Texas, Washington, Wisconsin or Wyoming.

In any state, drivers who are stopped at sobriety checkpoints and arrested for suspicion of DUI should speak with a DUI lawyer to determine if the arrest was constitutional.

If you are facing criminal charges hire a Michigan DUI Criminal Defense Attorney that knows what they are doing. Hire Aaron J. Boria, PLLC, for a free consultation call (248) 956-0350.

http://ezinearticles.com/?DUI-and-Sobriety-Checkpoints&id=2058686

DUI Drivers License Restoration in Michigan

This article deals with DUI driver's license restoration in Michigan. Michigan is different from many states in that drivers who have been convicted of two or more alcohol related charge in seven years automatically lose their driver's license. This means that they have to petition to have their driver's license restored.

Most people find that losing their driver's license severely cripples their lifestyle. They have to depend on other people or public transportation for all of the basics of life including going to work, shopping, and going to church. And much of the state of Michigan is made up of small communities that lack public transportation options.

Getting your driver's license restored in Michigan is a complicated process. Many people who try to do it on their own are unsuccessful. For this reason, you may want to consider hiring an experienced attorney for your DUI driver's License Restoration in Michigan.

If you are trying to get your license restored, you must file a case with the Michigan Driver's License Appeal Division. If you lose this hearing, you cannot reapply for six months, so it's important to get it right the first time.

At the DLAD hearing, the Petitioner (you) have the responsibility to show clear and convincing evidence that any substance abuse problems are under control, that repeat alcohol problems are unlikely, that repeat drunk driving is unlikely, and that petitioner has the ability and motivation to drive safely and within the law.

The petitioner must present three different sources of evidence to prove his or her claims. This can include urinalysis to prove that a petitioner is "clean," letters from people involved in treatment, and proof of AA meetings.

If the petitioner proves his or her case, they can get either a restricted license or full restoration of driving privileges.

That's the low down on DUI driver's license restoration in Michigan.

For more information on Michigan DUI go to http://thelawyermichigan.com/

http://ezinearticles.com/?DUI-Drivers-License-Restoration-in-Michigan&id=1493847

DUI, Reckless Driving And Their Differences

Year after year, the number of accidents on the road increases and these accidents can be because of a couple of reasons and among these reasons are reckless driving and DUI. Sometimes people think that reckless driving and DUI is just the same thing which is definitely wrong. There are some differences between the two although they both have something to do with improper driving and are to subject to several levels of penalties. DUI or driving under the influence is more serious than reckless driving. A DUI charge can even be reduced into reckless driving charge depending on the extent of the incident.

When you are going to be charged with DUI, it means that you were driving a motor vehicle regardless of its type, under the influence of alcohol or any prohibited/illegal drugs. It also means that during the time that you were caught on the road, your BAC or blood alcohol content was beyond the legal limit. Most of the time or majority of the states considers 0.08% of BAC as the legal limit. Beyond the set percentage, you are no longer allowed to drive any motor vehicle. Reckless driving on the other hand is different. Even if your blood-to-alcohol did not go beyond the set limit, you can still be charged. This is because it can be charged to an individual when he/she is driving dangerously. For instance, when you were driving, it's as if you own the road and you did not care about the safety of other people with you. Even if you were not drunk at that time, you will still be charged with reckless driving.

When it comes to the penalties or punishments, it can vary from a state to another. For instance, in Michigan, they have very strict rules when it comes to DUI for the purpose of catching many drunk drivers and the safety of the people. Therefore, the penalties/fines are surely high and the punishments will really be heavy compared to those states who not implement very strict measures on the same case. Driving license suspension for a couple of months or a few months in jail are just some of the possible punishments for DUI when found guilty. The same idea applies when it comes reckless driving, it depends on the state and the extent of the case.

As mentioned earlier, DUI is a more serious offense compared to reckless driving so you might not need a lawyer when a reckless driving case will be filed against you. Perhaps you can settle down the case without any legal assistance. But when a DUI case is going to be filed against you, then you probably need a lawyer. Because it is a more serious offense, then you will definitely get more serious punishments in the event that you won't be able to get out of it. However, whether DUI or reckless driving, both should always be avoided to prevent any problems. And besides, why would you want to be involved in any of these cases when you always have the option not to?

Aaron J. Boria is a lawyer in Michigan which offers information on Michigan DUI lawyer and Birmingham MI DUI lawyer as well as a host of additional services.

Post Source: ezinearticles

Best DUI Lawyer - 5 Reasons To Hire One

So you think you can do without the best DUI lawyer? Read this. Maybe your mind changes at the end.

5 Reasons Why You Need A DUI Lawyer

1. The first reason is that a DUI conviction will affect your life. You will have to pay a penalty, surrender your driver's license, maybe perform some community service, or even go to jail. If you are living in Michigan, you have a stronger reason to hire the best DUI lawyer because the punishment doubles when you are caught with DUI the second time.
2. There is a huge stigma attached to being caught for DUI. It's quite humiliating when your friends, relatives, or people around you come to know that you are convicted for DUI. This stigma is going to follow you like a shadow. People will see you as an irresponsible person who has a habit of drinking and driving (even though you might have did this only once.)
3. Without the help of an online DUI lawyer, you might have problems in finding job. Once you are listed in the record of DUI convicts, you will have to reveal this to your employer during interview. How embarrassing! And if you are seeking job in transportation sector or a job that requires driving, simply forget it!
4. DUI conviction may have an impact on your family matters too. Let's take the example of Michigan again. Here, certain issues are regulated in the best interests of kids. In spite of other factors been present in divorce or other family related cases, once the judge knows of your DUI record (which the rival party will make sure he does), your case may fall weak.
5. It might even hinder your higher studies. Some colleges take fitness and character review before enrolling for courses. Be ready to face humiliation again!

Now you know why it's so important to hire the best Michigan DUI. It's possible to get acquitted from a possible conviction. DUI lawyers have the skill to do this.

Do you want to live a tainted life? At every moment and every step, you will be reminded of how you drank and drove. Every person in the world would come to know. Before you go insane, hire the best DUI lawyer!

Post Source: ezinearticles

5 Ways DUI Laws Affect you

Perhaps the nations most well known anti drunk driving organization is Mothers Against Drunk Driving (MADD), they have catapulted this issue into the forefront of American culture and in the process have helped to make Driving Under the Influence (DUI) laws tougher in every state in the country. These tougher laws come with increased penalties and social ramifications.

1- Every state has taken a serious stand against drunk and drugged drivers. Perhaps the toughest state is California, which has received an overall grade of B+ from the Mothers Against Drunk Driving organization. While Montana received an F from the same group, using the same set of criteria. As you can see, it pays to follow the DUI laws, as you never know how they will affect you as you travel from state to state.

2- These laws are based on statistics such as these from the National Traffic Safety Administration: 
In 2003 of children 15 years of age and younger that were killed in car crashes, 21% died in drunk driving accidents. 
In 2004, 39% of all traffic fatalities were the result of driving under the influence.

3- Because of these statistics and the Michigan DUI laws that follow them, drinking and driving is becoming one of the most social condemned crimes of recent history. If you are convicted under any of the numerous DUI laws that are on the books today, you not only face the legal ramifications, but you also face being socially black listed. More and more people are turning away from acquaintances who drink and drive.

4- You can lose you job if you are convicted of this particular crime. Not only can you spend jail time and fines, but your employer may actually have a policy built into the company handbook.

5- Today, there is more than ever to think about before you sit behind the wheel of a car after you have been drinking. Be smart, call someone to drive you home, or stay where you are. It might be incontinent now, but could save you so much later.

Post Source: ezinearticles

What to Expect After You're Arrested for DUI

If you've been arrested for a DUI in Michigan, then you're likely facing a series of questions and a lot of uncertainty about how you should move forward.

After all, the choices you make today determines what appears on your driving record tomorrow, as well as your future insurance rates and how you can pursue opportunities for many years to come. And these circumstances are minor when compared to a possible jail sentence.

Driving in any state with a blood alcohol content level at or above 0.08 percent is illegal. But Michigan's zero tolerance law takes this a step further by not allowing anyone under the age of 21 to operate a motor vehicle with any trace of alcohol in their body. Also, in Michigan, a DUI charge is often referred to as OWI or Operating While Intoxicated.

Regardless of your age or where you live, you were likely treated as if you were guilty when arrested. But the truth is you have legal options -- you just need to know how to use them to your advantage.

If your recent DUI arrest wasn't your first, then the Secretary of State will try to suspend your driver's license. In fact, even for a first offense, if you refused the breath test and you don't contact the Secretary of State within 14 days of your arrest, then your license will be suspended for a year.

If a chemical test showed you were driving with a BAC over the legal limit or you turned down a chemical test, then you run a greater risk of a failed hearing. So strongly consider getting legal assistance, especially because after a revocation you must wait a year before requesting another hearing.

When it's time for your court case, a DUI lawyer is a necessity. Keep in mind, a judge sees cases similar to yours on a daily basis. You need a compelling reason and proof to counter your arrest -- a lawyer will help you develop a strategy.

Once in court, your lawyer will handle most of the talking and advise you on how to increase your chances of receiving a lesser charge. During your arraignment, you'll hear the charges against you and be asked to enter a plea. Your next step in the legal process depends on your decision.

If you enter a guilty plea, then you'll be sentenced by the judge. A non-guilty plea results in a pretrial hearing, where you may have an opportunity to take a plea agreement from the state. If you don't accept this offer from the prosecution, then your case goes to trial.

However, prior to the trial, there can be pretrial motion hearings as well. If you have a successful motion hearing (i.e., you had some type of evidence suppressed), you may be offered another plea deal by the prosecution.

DUI cases that go all the way to trial are rare. If your case goes to trial, and your case is a misdemeanor, a six-member jury will hear statements from the prosecutor and your lawyer. Both sides can also call in witnesses (or experts about a particular aspect of your case) who can be cross-examined. Once closing arguments are complete, the jury will deliberate and reach a verdict.

If you're convicted of driving under the influence, and this isn't your first Michigan DUI arrest, then you face a strong possibility of significant jail time. However, if this is your first DUI offense and you didn't cause injury or death, then your punishment could be less severe. Alcohol counseling, fines or community service are possibilities -- as is jail time.

Post Source: ezinearticles