Difference and Comparison
In the U.S., all states classify driving with a BAC 0.08% or higher as impaired driving. Drivers under 21 typically cannot have a BAC above 0.02%, or are subject to zero tolerance laws, because young adults under 21 are not legally allowed to drink in the U.S. Other authoritative bodies may also set special BAC limits in an effort to further discourage drunk or drugged driving and more severely penalize offenders. The Federal Motor Carrier Safety Administration mandates a 0.04% BAC limit for drivers of commercial vehicles that require a commercial driver’s license. In the state of Arizona, any driving impairment that might be caused or related to alcohol consumption can be a civil or criminal offense. To learn about BAC limits around the world, see Wikipedia’s entry on drunk driving laws by country. First time DUI/DWI offenders may be jailed for 4 days or up to 6 months, pay fines between $1400 and $2600, and have their driver’s license suspended for 30 days or up to 10 months; some counties may require the installation of an ignition interlock device. The state of Texas charges those under 21 who are driving impaired with a DUI, in accordance with the state’s zero tolerance policy for under 21 driving. DWAI refers to driving that is below the 0.08% BAC limit but is still clearly impaired, while DWI is the more common term and refers to driving at or above the 0.08% limit. First time DUI/DWI offenders may spend between 6 and 9 months in jail, are fined between $500 and $2,000, have their license suspended for 180 days or up to a year, and must have an ignition interlock device installed for future driving. In all states, community service and drug/alcohol education or rehabilitation programs are also common repercussions for driving while impaired.
OUI Penalties, Laws, Suspensions and Portland Attorney Information.
I just got arrested for a State of Maine OUI / DUI charge. ISSUE ONE: The Maine Implied Consent / Administrative License Revocation Proceeding: Under Maine law, any person who operates any vehicle in the State of Maine is considered to have given consent to the withdrawal of his or her blood or other bodily substance and chemical analysis of the person’s blood, breath, or other bodily substance to determine the amount of alcohol in the person’s blood and to determine the presence of marijuana or any controlled drug or substance or any substance ingested, inhaled, or otherwise taken into the body or any other substance that may render a person incapable of safely driving. Pursuant to Maine’s implied consent law, your Maine drivers license was most likely revoked for anywhere from one year if you refused a chemical test. ISSUE TWO: The Maine DUI Criminal Case: Separate from the administrative license proceeding is the criminal charge either for driving under the influence. RELATED TO ISSUE TWO ABOVE: If you are convicted of the DUI charge, your Maine license for between 30 days and three years depending on your DUI / DWI history. A Maine DUI charge may be reduced or dismissed only if the prosecuting attorney states the reasons for reduction or dismissal in writing and on the record and files the reasons with the clerk of court. A DUI / APC conviction will go on your Maine driving record and remain indefinitely. If you are a Maine licensed driver and you are convicted of a DWI / OWI / DUI in another state, Maine will suspend or revoke your license if it learns of your conviction. Maine does not currently require the installation of ignition interlock devices in vehicles driven by DUI drivers. The FAA has special reporting requirements for certain Motor Vehicle Actions including Maine DUI convictions and implied consent license revocations.
Best Drunk Driving Defense Attorney MA
Attorney Geraghty has authored several well known books for law schools on complex drunk driving defense strategies and was recently a featured instructor/speaker at the National College of DUI Defense’s learning seminar for Massachusetts Attorneys at Harvard University in Cambridge, MA. The practice is highly specialized, focusing solely on Massachusetts OUI charges and drunk driving defense, serving Boston, South Shore, North Shore, Metro West, Cape Cod, Barnstable, Worcester, Brockton, Suffolk, Middlesex, Essex, Plymouth and other Massachusetts counties. James Geraghty is also a seasoned trial lawyer who regularly takes OUI cases to trial and wins in courtrooms throughout Massachusetts. We’re here to help our clients 24/7! Call Attorney Geraghty now for a FREE DUI case evaluation at 571-5487. Attorney Geraghty takes great care to keep every client informed on the progress of their case. We are proud of the fact that many of our OUI cases come to us through referrals from other respected law firms and clients that have experienced our effective advocacy and passion for protecting the legal rights of each of our clients. To us, winning your OUI defense case means getting a not-guilty verdict or having your case dismissed – that is the best result for you. As a former top Massachusetts criminal prosecutor Attorney Geraghty knows how the police and court prosecutors prepare an OUI case against you. His years of providing effective defense for people accused of OUI, also known in Massachusetts as DUI or DWI, makes a big difference when taking cases to trial. Our team takes great care in building cases that are designed to do nothing less than win. Call us at 617.571.5487 or send us an e-mail to schedule a meeting with a Boston DUI defense attorney with more than a decade of exceptional results.