Tag: dui

Truckers Under The Influence

It is dangerous enough when a person operates a passenger car or average size vehicle while under the influence of alcohol or drugs but to drive a commercial vehicle while under the influence is quite another. This is especially true for semi truck drivers. Think how small you feel in your car when one is next to you on the road.

When you drink or drive it affects your reflexes making it extremely dangerous since a semi truck takes much longer to come to a stop when braking making it imperative for the driver to have unaffected reflexes. It is sad and upsetting to even think about the consequences of a loaded semi “bumping” into a car much less slamming into a car.

To compensate for the differences like size and ease of vehicle control, a truck driver is legally impaired with a lower BAC than a driver of a regular car would be allowed to have by law. Presently, the federal law prohibits truck drivers from operating their commercial vehicle if they have a 0.04% BAC or more. Reducing the BAC for truck drivers has had positive results and has lowered the number of accidents with trucks over the last few years.

Other impairment can include drugs such as marijuana and stimulants. Many truckers believe that they need stimulants to keep themselves awake on the road. It’s true that many truckers are pushed to the limit by being forced to keep insane deadlines and perhaps even threatened with termination from the company they work for if they don’t make it. This has resulted in many truck drivers seeking out drugs such as meth, which is apparently easy to find at any truck stop on their route. Whose fault is this? It’s hard to say whether it’s the truckers, or the company, but it’s clear that there needs to be some review of policies here.

One helpful policy is when truckers receive a commercial drivers license a stipulation is that they must consent to random drug testing no matter what they are doing at the time. If they are summoned to the supervisor’s office they must report there. They face termination or fines from the company should they refuse or not show up as there are no grounds to refuse.

This is always a situation that is serious enough that it will have to be looked further into. It is even more serious than a normal DWI, because of the number of lives potentially at stake. Every driver of a passenger car who has to drive next to a semi truck will want some sort of assurance that they are safe and that the truck driver won’t be suffering some problems, like flashback to a war he was in, just because he had took some substance to help remain awake.

If you are the driver of a truck, then remember to stay safe. Get the sleep that you need and don’t give in to temptation. There are a lot of lives at stake on the road, and it’s partly your job to make sure that they stay safe.

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A Look At Operating Under The Influence

For many, the reference to operating under the influence is automatically associated with drinking and driving. However, many fail to realize that drugs affect people in the same way alcohol does and that means you can be fined even for just driving after taking prescription medication.

Truck drivers with CDL license are required to be drug tested because they might have drugs in their system while driving. Now if an 18-wheeler truck got into a wreck, there would be some serious damage. That is why trucking companies do not want to take that risk.

Studies have showed that 15% of all interstate truck drivers had marijuana in their system, 12% had stimulants (non-prescription), 5% had prescription stimulants, 2% had cocaine, and less than 1% had alcohol in their system. Now that is an OUI.

In order to be considered driving over the legal limit, it is not necessary to be drunk. Although the regular BAC, or the blood alcohol concentration, is legal to 0.08%, for truck drivers it is reduced to 0.04%. This is because they operate larger vehicles and driver longer distances.

Most people think that driving high on marijuana is safer than driving drunk. This is not true. It can affect concentration, perception, and reaction time as long as 24 hours, when alcohol only affects the mind approximately 3 to 4 hours depending on how much you have drank. Marijuana has caused over 12% of fatal trucking accidents. Therefore, that tells you that marijuana is not safe when you are driving.

A serious problem is the truck stops are a tempting place to get your hands on meth or ice. Truckers, in an attempt to stay awake while working very long shifts, want some to help, which is a very bad choice. Surveys have shown 1 in 5 use hard drugs on the job to stay awake.

Since intoxicated drivers are not to be tolerated, law enforcement personnel keep a good eye on truck drivers. Even if it is suspected that a truck driver might be under the influence they will be pulled over and then there are many ways of determining intoxication. There is the breathalyzer test to determine if a driver had been drinking, but then there is also the field sobriety test and the swab drug test.

One of the tests law enforcement uses to see if the driver has been drinking and how much is the breathalyzer in which you blow into it. The other is called the nystagmus test. This has various aspects to it. You can be asked to walk and turn, stand on one leg, put your finger to your nose and the Romberg balance test. Another sobriety test is when an officer puts an object, a pen for example, in front of the face and while moving it back and forth watches the driver’s eyes. Then a chemical test can be done which consists of urine or blood samples.

The swab test is done by taking a sample of saliva from the suspect’s mouth in which if it comes back “hot” then you are driving OUI.

To sum it all up, nobody should operate while under the influence and that especially goes for truck drivers. It is never safe to drink or do drugs when you are going to have to operate a vehicle.

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DUI Details

Nowadays it is common to hear the abbreviation DUI and task forces for that offense are always making the news. Nevertheless, there are still those who don’t know the basics of what DUI is or what it even stands for.

DUI is actually driving under the influence and this actually means that a person has decided to operate a motorized vehicle while under the influence of alcohol or drugs. Although the states all have different definitions of what a DUI is, in each state driving while under the influence of substances is illegal.

If you are charged with a DUI then you are facing criminal charges and that even though it is legal for those at least 21 years old to consume alcohol. However, driving with a blood alcohol content that is higher than the legal limit is always considered illegal. It is obvious that driving under the influence of illegal drugs is a criminal offense, but many fail to realize that driving while impaired due to prescription medications can also be considered a crime.

There are many police officers who are on the look -out for those who may be driving under the influence. They often drive erratically drawing attention to themselves. The reason for this is a person’s focus and reaction time is greatly diminished.

Once a law enforcement officer has pulled over a suspect that is possible driving under the influence, they will start off by asking the driver about whether or not they are under the influence of any substance. Once that is done, the officer will then ask the driver to go through and complete a field sobriety test which consists of tests that check the coordination and reactions of the person in question. Tests like walking in a straight line, standing on one leg or touching the nose with each of the hands are done. If there is still reason to be suspicious of a DUI then other tests that are more exact will be requested from the driver, such as the breathalyzer test or a blood test and these will tell exactly what the blood alcohol levels are.

Again, rules vary from state to state, but most of the time the driver under suspicion is able to decide which type of advanced test they would like to take. However, each state also has “implied consent.” This means that when you get your driver’s license, you have given your consent to be tested if your well-being is under suspicion. The logic here is that driving is a privilege and a responsibility. If you are driving under the influence, you are putting both yourself and the others on the road at risk.

Every state had different consequences for DUI’s. Some of the most common consequences include a stay in jail, possible community service, suspension of your driver’s license, fines, and even probation. Of course, the severity of the consequences is directly tied to how severe the infraction is. If your blood levels are severely over the legal limits or if this is your second or third offense, you can expect that your consequences would be more severe than those for a lesser infraction of the law.

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The Dangers Of Operating Under The Influence

Dealing with operating under the influence is basically about someone driving and drinking at the same time. This specifically means someone operating any type of motor vehicle under the influence. Of course intoxicants play the major role here and they include many substances that vary.

When talking about substances that are intoxicants, that category can include not only alcohol, but also prescription medication and of course illegal drugs. The things that are impaired when under the influence are physical and mental capabilities. An impairment of both can greatly interfere with your ability to operate a vehicle.

Operating under the influence also means that you have a blood content level of 0.08% or more. You will be tested for the percentage of alcohol in your system, not for individual impairments. A conviction only requires a BAC level above the legal limit.

Sadly, these types of accidents are responsible 25,000 deaths a year. This breaks down to 500 per week, 70 daily and one every 20 minutes. This is way too many lives lost such a senseless way. Fortunately, the convictions for DUI offenses are increasing.

How far you have to drive while under the influence does not matter, because an accident can happen in the blink of an eye. For innocent, sober drivers things are just as dangerous since they never know when they will be hit by an intoxicated driver. Therefore, always keep safety in mind and take precautions, because it will help you with any unforeseen dangers.

You should always wear your seatbelt and have your children seated in the back at all times. No matter how careful you may be, someone reckless and irresponsible might be on the same road as you. Never be too complacent when you are driving because you don’t have control of everyone behind a steering wheel. It is always best to think about safety for you and those riding with you.

It can’t be emphasized enough to refrain from getting behind the wheel if you have been drinking. The consequences are a high price to pay for carelessness of actions. Way too many people die from this reckless behavior and there is no need for it

They say life is too precious to be wasted but that is exactly what happens when someone is selfish enough to drive a car while intoxicated or under the influence of another substance. Innocent people, including children die or have lost loved ones because of this senseless act.

Don’t make the wrong choice or decision. No matter what your friends may say, do not get behind that wheel of yours when you know that you are intoxicated. You deserve so much more than that.

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Fighting Your Traffic Ticket May Be Your Best Option

Most people don’t think about the ways a traffic ticket can affect their lives. Here are six things to consider before just paying that ticket and forgetting about it.

1. You may get points added to your license. Florida’s point system measures your ability as a driver. The less points the better! They created a point limit and will suspend or revoke your driver license if you reach it. 12 points in 12 months and your license will be suspended.

2. Your insurance rates can increase. Your insurance company rates you based on your perceived risk as a motorist. A ticket conviction, even with no points, will make you a greater risk to insure and raise your insurance rates.

3. Your license may be revoked or suspended. Imagine life without being able to drive! Certain violations or simply an accumulation of license points can cause suspension or revocation. A failure to address a ticket within 30 days may lead to suspension as well. A revocation can mean that you may be without a license for 2 to 5 years and have to reapply all over again.

4. You could have a serious issue with your employer. For commercial drivers their license is their source of income. For some commercial drivers insured is handled by the employer and a ticket can cause a rise in the employer’s insurance rates. Some employer’s may chose to terminate an employee rather that having higher insurance costs for the company.

5. You may be subject to an arrest warrant. If for any reason you do not respond to a traffic criminal ticket in a timely manner then some courts will issue a warrant to force your appearance. You don’t want a warrant out for you.

6. More serious violators can face imprisonment and a permanent criminal record. Most violations are minor, however, some serious traffic violations can be misdemeanors. A misdemeanor is a criminal offense and can mean time in jail and even impact immigration status and employment.

As you can see there are potentially serious consequences from even a minor traffic violation. Make sure you know your rights and options and take action to prevent these things from happening.

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Precautions Against DUI

Accidents on the road are most commonly the result of people under the influence of alcohol, drugs and some medications which in turn cause a person to lose focus and concentration.

So many states have abhorred this practice and have set up certain sanctions for drivers who are caught committing such offense. This has been a perennial problem that must be solved for the protection of the people on the road and for the driver itself.

Probably the one most common direct causes of DUI (driving under the influence) is alcohol, although other substances can also be responsible for it. It is the main culprit which causes reckless driving.

This often happens when people are out for the evening having a good time. All it takes is for shots to be handed out while everyone is in a good mood and the fact that the drive home is inevitable is neglected.

Another cause that causes drivers to lose grasp of their faculties is drugs. These drugs that lead to a lethargic and high feeling could be in any form. Some use marijuana, while some use the stronger, methamphetamine.

The use of these types of drugs is widespread in truck drivers who travel long distances during the night. They often use drugs to keep them awake while traveling. Sometimes, the drug not only keeps them awake at night but often keeps them awake for days. While some drivers may see this practice as acceptable, others see it as beyond the necessity and an overdose of the drug that only aimed to strengthen and awaken the person for the duration of his work, but not for several days.

It is one thing to find ways to prevent driving under the influence, yet there are not enough prohibitory laws preventing the sale of alcohol to minors or the sale of drugs to them. Attention needs to be given to minors and teaching them about the consequences of DUI, because the fact is that road accidents involving minors is often DUI related.

Depending what state you are in. the penalties for DUI offenses vary with some having lighter ones than others. Penalties for DUI can be fines, jail time and license suspension and first time offenders do not escape them. For the second timer or more the punishment will be more severe. They could be longer jail time, higher fines and license suspension will be longer.

The fatalities that are caused by this offense are why authorities are stricter on the matter. In just one year the total number of accidents caused by drinking alcohol is more than a thousand and that is reason enough to keep an eye out for drivers that are under the influence.

People must be aware of the consequences of their actions. If you know how that you are going to drive home or some place else, then better refrain from drinking rather than believe in the myth that you have the strength of Samson to resist the effects of alcohol in your system. If you can’t resist driving, have someone drop you off at your destination, and have someone pick you up again. This may be a bit troublesome, but staying on the safe side is better than paying a fine or ending up in the gutter.

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San Antonio Bexar County DWI Lawyers Finding The Winners

There are many DWI lawyers in Bexar county who can help drivers who are accused of driving while intoxicated. All you have to do is look online or in the yellow pages of the local phone book.

It may be simple to find a DWI lawyer in Bexar County, but locating the best one will require more effort. Every attorney’s advertisement states that s/he has the necessary expertise and will be a strong advocate. So how do you decide which lawyer to hire?

It is very important to take an arrest for DWI in Bexar County very serious. DWI attorneys will tell you that this offense in Texas carries a mandatory fine. Offenders can be sentenced to up to ten years in prison. Even if the offense is your first, you can still spend anywhere between three days to six months in jail, and expect fines up to $2000.

In the event that you’re worried that a DWI charge might keep you from obtaining employment or being able to support your loved ones, you must do something at once. In order to avoid losing your Texas driver’s license, you get just 15 days dating since the date of arrest to ask for a special hearing. If you’re thinking about DWI lawyers, be certain to seek one who grasps this and is ready to help you immediately.

By Texas law, a person is judged to be intoxicated if the alcohol content of their breath, blood, or urine is greater than .08 percent. The legal definition of intoxication in Texas can be even less than .08 percent in special circumstances. If a person has both a reduction in his or her normal mental and physical abilities, and has alcohol or some controlled substance in their body, they are deemed to be intoxicated. Additionally, drinking any amount of alcohol, regardless of amount, while operating a motor vehicle, is also against the law.

When you are convicted of driving while intoxicated in the state of Texas, the least jail time you can be sentenced to is 3 days. If you are caught with an open bottle or can of an alcoholic beverage, that automatically goes up to 6 days. Additionally, a DWI conviction results in a driver’s license suspension of anywhere from 90 to 365 days. Texas DWI attorneys say that even if you are not convicted, your license can be suspended as well if a urine test, blood sample, or breathalyzer test has a positive reading for alcohol.

We are looking for DWI attorneys in Bexar County, searching for an attorney who knows exactly what to expect from the prosecution and the defense. The lawyer should also have the knowledge of how to challenge blood and breath test evidence as well as how to protect your constitutional rights.

A Bexar County DWI lawyer is prepared to help drivers with arrest charges for alcohol-based driving offenses. Locating a lawyer is as simple as searching the internet or yellow pages. If you are concerned that a DWI conviction could prevent you from getting a job, or from taking care of your family, you need to act fast and find one of the better Texas DWI lawyers. If you do not want to lose your driver’s license, you have only fifteen days to request a special hearing. When you are considering DWI attorneys, make sure to look for one who understands this and is willing to work quickly for you.

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Ways to Beat a Colorado Drunk Driving Case

If you have been issued a ticket for drunk driving in Colorado, either for a DUI (driving under the influence), or for a DWAI (driving while ability impaired), you need to be aware that based on the facts of your case there may be a way to improve you chances in court, or even beat the case entirely.

First, the police officer needs a valid reason to stop you or otherwise contact you in the first place. If they did not have a reason to contact you, their case won’t get very far. Police are not allowed to stop any car on the road, they must have reasonable suspicion to stop you.

In some instances it is possible to have a chemical test thrown out for legal reasons. Then the district attorney is left with no test results to use against you and and he will have a major evidentiary issue with his case. Breathalyzer tests have a strict set of operation rules, and the results of the test may be held to be invalid if the procedures are not followed correctly. Additionally, the Breathalyzer must be maintained and operated correctly to obtain reliable results.

The chemical test of your blood also must follow the proper procedures and protocol to be a legally valid test. If you take a blood test, you should always retest the second sample. Sometimes the retest will come back with a lower BAC result that may improve your case. In some instances it may even come back under the legal limit.

Jurisdiction is a fancy word that means the geographic area a certain police officer is allowed to patrol and conduct police activities. You will want to double check that the officer who gave you a ticket had jurisdiction to do so. If not, you can beat your DUI.

Even today, in our high tech world of advanced communications, there are still certain court hearings where the officer needs to be physically present in Court to give their testimony. In some situations, if the officer does not appear in court when required to do so, the D.A. won’t be able to proceed with their case against you.

So, how do you take advantage of these strategies, or various other ways to beat a Colorado DUI? First, hire an experienced, local attorney. You need someone who knows everything about drunk driving cases. You also want to hire a lawyer who practices exclusively in the geographical area where you got your ticket. A good local attorney knows the Judges, DA’s, and most importantly the little tricks of the trade in that specific city that will help you get the best results possible.

Do not hire someone who is making promises or guarantees, as tempting as it may be. That person is just trying to get your money by telling you what you want to hear when he or she has no way of knowing what will happen to your case without first looking at all the police reports, scouring the chemical test reports, negotiating with the prosecutor, etc.

And finally, if you can’t afford to hire a lawyer, apply for the representation of the public defender. Don’t try and represent yourself, as you will have a fool for a client.

Have you been accused of a crime? Many people who have been charged with a crime are left pondering what they should do, and what is going to happen to them. You may be concerned about how these charges will affect your life, your career, and your freedom. You need a skilled Colorado Springs lawyer who will fight for your rights and your freedom. Before you hire a Colorado Springs DUI lawyer do your research.


The Penalties Of Driving Under The Influence

Don’t drive drunk in Florida. That is the message that the state is trying to spread. They are one of the hardest states on drunk drivers. The penalties are quite critical. In 2006 alone there were 34,638 DUI sentences. While the numbers are going down- there is still a major trouble with drunk drivers in Florida. Florida drunk driving just is not worth it- not that it ever is, though. Florida is just very severe on those who want to drive drunk.

Florida has an “Implied Consent Law” that fundamentally means you consent to take a drinking test when you are pulled over by the police. You can’t refuse. When you do your license will be revoked for 1 year. The second time you refuse it will be taken away for 1 1/2 years. You have to consent to a blood test, breath test or a urine test.

Any driver that gets their 2nd conviction of a DUI charge will have an ignition interlock device put in in their vehicle. Some judges will even place this on the first DUI. No one wants this to happen to them.

If you are under the age of 21 and drive drunk you will have larger consequences. The blood alcohol level only has to be .02 percent which basically means that is you are under 21 you can’t have any alcohol at all. Judges don’t like minor drunk drivers in Florida.

On your first conviction the judge will order a fine of close to $400 or greater. You will receive fifty hours of community service and be on probation for one year. You could also be sentence to 6 months in jail. When the blood alcohol level is found to be greater than. 08% or you had a minor in the car while driving drunk then you will get even more jail time and a bigger fine. You license will also be suspended for 6 months and you have to take a DUI course that is 12 hours long. All of this for you FIRST conviction.

If you get busted a second time driving drunk then you will get nine months in jail and twelve months if the blood level was. 20 or more or there was a minor in the car. Your car will be impounded for 30 days. The fee will be around five hundred and a thousand dollars. You will also need to go to DUI School.

Driving drunk in Florida is not a laughing matter. It is a very hard offense that can give you a lot of problems to try to work out. It isn’t worth it and it is very severe. If you don’t want to have these penalties then just don’t drive drunk. It’s that simple.

There are solutions you need to know if you have been convicted of a dui in Florida, save yourself money and elude hiring a DUI charge by hiring a Florida drunk driving attorney.


DUI And The Authorities

If you are under the influence (DUI) and are caught and stopped by the authorities, it should not be taken lightly by anyone since chances are you will not get away with it.

There is a good reason that so many people have been worried about DUI. It is the cause of many fatal accidents and affects the lives of many innocent people, as well as the offender. To make matters worse, it is legal for an adult to drink how much they want to and that only increases the number of drivers on the road who are under the influence.

A common mistake made by drivers under the influence is that they still think they are capable of driving normally and therefore will never be noticed by the police. However, that is most untrue. In fact, the best drivers around will drive crooked if they are intoxicated due to alcohol consumption. This makes it easy to detect vehicles on the road that are being driven by someone who is under the influence of some substance.

There are different methods available to authorities in order for them to determine whether or not a driver is drunk or high on drugs. One of the most effective tests is the one that measures the amount of alcohol in the blood as a percentage and this test is commonly known as the BAC. In the US it is illegal to have a BAC of 0.08% or more and if you are caught then you will be charged with the offense.

The breathalyzer test in another commonly used way of finding out if a driver is intoxicated or not. The name already implies that breathing is involved, and it is. This test is administered after officers have stopped a potential offender. The driver is required to blow into a device that will that give a reading showing the blood-alcohol concentration. In order to be stopped and charged, the breathalyzer results have to be in the drunken range.

Officers not equipped with Breathalyzers can require you to take a urine test which then is tested in a laboratory to evaluate the alcohol amount in the body.

Different states do not have the same penalties since laws vary from state to state, with some higher than others for those driving while intoxicated. A determining factor in imposing penalties is if it is your first offense or if you have been charged with others and common sense tells you the second or third the penalties will be higher.

In some states the severity of the charge can vary for the offender depending on age with leniency, to a degree, for minors whereas the grown adult will not.

In the past years, DUI cases have become rampant that authorities have enforced more means in preventing and apprehending drivers while under the influence of alcohol or drugs. More awareness campaigns were done in order to have minors and adults alike learn of the dangers of DUI. The government and the citizens must all work hand in hand to prevent more DUI related incidents in the future.

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