Should I refuse the breath or blood test – Virginia DUI law

What Are the Tennessee DUI Laws?

The DUI laws in Tennessee have many components including blood alcohol concentration limits for adults and minors, criminal sentences with jail time and fines, driver’s license revocations, and implied consent to alcohol testing for all drivers. Tennessee has mandatory jail time for first time DUI offenders. A first time DUI can give you up to 11 months and 29 days in jail and a $350-$1,500 fine. A second DUI has a minimum of 45 days in jail, a mandatory fine of $600-$3,500, license revocation for two years, and once you do get your license back, it’s restricted to going to work, school, court-ordered alcohol programs or interlock device monitoring. Your vehicle can be confiscated starting at your second DUI. A third DUI offense carries a minimum of 120 days in jail, $1,100-$10,000 in mandatory fines, and license revocation for 6-10 years with no possibility of getting a restricted license even for necessities like work. The judge can order restitution to any person you harmed, for any DUI. Additionally, getting a driver’s license after a DUI involves many fees, including a $100 reinstatement fee, $50 for a SR-22 insurance form, plus the usual licensing and vehicle registration fees. Getting a DUI with a child under 18 in the car also results in enhanced penalties. Even for a first time DUI where the child wasn’t injured, the minimum jail time is 30 days and minimum fine is $1,000. With two DUI convictions in a five-year period, the IID is required for six months after getting your license back. If you’re facing a DUI charge in Tennessee, you should seek the advice of a qualified DUI attorney.

Keywords: [“DUI”,”driver”,”license”]
Source: http://statelaws.findlaw.com/tennessee-law/what-are-the-tennessee-dui-laws.html

Oklahoma Supreme Court rules new drunken driving law is unconstitutional

OKLAHOMA CITY -The Oklahoma Supreme Court has ruled that new drunken-driving law is unconstitutional. The Impaired Driving Elimination Act was supposed to go into effect in November. A lawsuit challenging its constitutionality was filed and the Oklahoma Supreme Court blocked the law from going into effect until the justices could review it. The law would have created a new program for first-time DUI offenders and abolished the appeals process for people trying to keep their licenses after being arrested for DUI. It was approved by the Legislature earlier this year and was supported by Mothers Against Drunk Driving. The subject of this bill is one, and only one subject, DUI reform in Oklahoma. For those who do not complete the diversion program, the exact same consequences for the DUI case apply for convictions of Driving with no insurance, driving while license is suspended or running a stop sign arm on school bus. It creates a diversion program tailored for dui cases similar to drug courts, revocation of drivers license to track with criminal case just like Driving under suspension and no insurance cases. It copies the court rules for test from both an recent US supreme court case and our own OSBI evidence standard which had been upheld time and time again. At the end of the day the legislature created a diversion program to get DUI offenders help and turn their life around, instead of being incarcerated, paying enormous attorney fees, high court cost or turning them loose on the streets. On Tuesday, the Oklahoma Supreme Court ruled that the Impaired Driving Elimination Act is unconstitutional.

Keywords: [“Driving”,”DUI”,”Court”]
Source: http://kfor.com/2017/12/19/oklahoma-supreme-court-rules-new-drunken-driving-law-is-unconstitutional/

Mount Pleasant SC DUI Information

The following are some of the questions we most frequently get asked in relation to South Carolina DUIs and their effect on our clients’ driver’s licenses. A: If you refused to give a breath sample or blew a.15 or greater, then the Officer probably took your license and your privilege to drive in South Carolina is suspended. REMINDER, you are dealing with the DMV. So there really is no answer on when you can get your temporary alcohol license after you have filed for an administrative hearing. If you blew below a.15 then your license will not be suspended and you do not need to request an administrative hearing. The thing to remember is that the Temporary Alcohol license will last up until the hearing, so no matter when the hearing is scheduled, if you have the Temporary Alcohol license you will still be able to drive. A: You will be sent a notice that you can obtain your temporary Alcohol license. One, the suspension maybe lifted in which case your regular driver’s license will be restored. It is still possible for your license to get suspended for six months if you are convicted of DUI or DUAC. Or the second possibility is that the suspension will be upheld. A: If your license suspension is upheld then you will be required to turn in your temporary alcohol license and serve your suspension whether it be for one month for a BAC of.15 or greater or for 6 months for a refusal. The DMV will send you a notice in the mail informing you of what driving privileges you may be entitled to and how to go about getting that license.

Keywords: [“license”,”hearing”,”Administrative”]
Source: https://www.mountpleasantscdui.com/