DUI Lawyer Charleston sc

AZGOHS

GOHS is determined to provide the leadership and funding to help reduce the threat of DUI drivers on Arizona’s roadways. As public attitudes have changed, the percentage of alcohol related crashes has decreased, but impaired driving still takes far too great a human and economic toll. The penalties for impaired driving in Arizona are severe and include mandatory jail time, thousands of dollars in fines and court fees, suspension of driving license or privilege to drive, vehicle impoundment and other expenses. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the vehicle is a commercial motor vehicle that requires a person to obtain a commercial driver’s license as defined in Section 28-3001 and the person has an alcohol concentration of 0.04 or more. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration of 0.15 or more but less than 0.20 within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration of 0.20 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle. FELONY DUI VIOLATIONS Arizona Revised Statutes 28-1383(A)(1) – Aggravated Driving or Actual Physical Control While Under the Influence/ DUI While Suspended for DUI. A person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person commits a violation of section 28-1381, section 28-1382 or this section while the person’s driver license or privilege to drive is suspended, canceled, revoked or refused or while a restriction is placed on the person’s driver license or privilege to drive as a result of violating section 28-1381 or 28-1382 or under section 28-1385. A person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person commits a violation of section 28-1381 or section 28-1382 while a person under fifteen years of age is in the vehicle. A person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person commits a violation of section 28-1381, section 28-1382 or this section while the person is ordered by the court or required pursuant to section 28-3319 by the department to equip any motor vehicle the person operates with a certified ignition interlock device.

Keywords: [“drive”,”person”,”Section”]
Source: https://www.azgohs.gov/programs/default.asp?ID=14

Implied Consent Law- Florida

Under the law, any person who accepts the privilege of driving within the State of Florida is deemed, by operating a vehicle, to have given his or her consent to submit to lawful requests for breath or urine testing for the purpose of determining the alcohol content of his or her breath or blood, or for detecting the presence of chemical or controlled substances if lawfully arrested for DUI. In other words, by accepting the privilege of driving in Florida, a person legally accepts the responsibility of permitting law enforcement to test for the presence of alcohol or drugs in the course of a lawful arrest for DUI. Penalties for Refusing Implied Consent. Florida’s Implied Consent Law imposes serious penalties on a driver who refuses to submit to an appropriate breath test, urine test, or blood test upon a lawful arrest for DUI. First Refusal: results in a 1 year driver’s license suspension; Second Refusal: results in an 18-month driver’s license suspension. The scope of Implied Consent includes breath tests, urine tests, and blood tests, although there are specific conditions under which each type of test may be utilized. Breath tests in Florida must be incidental to a lawful DUI arrest and conducted at the request of a law enforcement officer who has probable cause to believe such person was under the influence of alcoholic beverages. Florida’s Implied Consent law also applies to urine testing conducted to detect the presence of chemical substances or controlled substances. In Florida, there are three circumstances when police can request or compel a blood test of a driver suspected of DUI: when breath or urine testing is impractical or impossible; when there is probable cause to believe that a DUI driver has caused death or serious bodily injury; and by voluntary consent of the suspect driver. State v. Serrago, 875 So. 2d 815, 818; Voluntary Consent to Blood Test.- Even where a DUI does not involve death, serious bodily injury, or an impracticality or impossibility of breath or urine testing, a police officer may nonetheless request that a driver submit to blood testing if the consent is given on a free and voluntary basis. At the time the request is made the officer must fully inform the suspect that the implied consent law requires submission only to a breath or urine test and that the blood test is offered as an alternative. There are multiple defenses available to challenge the admissibility of test results requested pursuant to the Implied Consent Law, or to contest a criminal charge brought on the basis of refusal. Lack of probable cause to request that a defendant submit to testing; Lack of probable cause or reasonable suspicion for the initial traffic stop; Mistake of law by police as to existence of a law violation justifying the traffic stop; No actual refusal; Improper statement of Implied Consent warning; Lack of Implied Consent warning; No probable cause to believe that the suspect was driving or in actual physical control of the vehicle; Breath or urine test not impractical or impossible; No probable cause to believe that a suspect caused the accident leading to death or injury; Invalid consent; Improper threats, promises, or inducements; Inaccurate statements of the law.

Keywords: [“test”,”consent”,”driver”]
Source: http://www.husseinandwebber.com/crimes/dui/implied-consent-law