State By State DUI Laws
Administrative License RevocationAdministrative license revocation or suspension is the removal of a DUI/DWI offender’s license during the time of the DUI arrest when the arrestee either fails or refuses to submit to a breathalyzer test. Dram ShopThis law allows for the liability of establishments arising from the sale of any alcohol to any person who is obviously intoxicated or to any minors who end up causing the death or injury to any third-parties resulting from an alcohol-related crashes. Child EndangermentThis statute permits for additional penalties to be added to the base penalties for a driving under the influence conviction where a child passenger was in the vehicle. Felony DUIThis Law makes DUI or DWI a felony offense depending on the amount of prior convictions an offender has on their record. Increased Penalties for Test RefusalThis statute increases the penalties an offender will face for refusing to take a breath test, more strict compared to those penalties for an individual who takes and fails a breath test.
Ignition InterlocksThis statute allows for any judge or administrative agency to order a convicted DUI offender to operate a motor vehicle equipped with an ignition interlock device for a period of time after a conviction for drunk driving. Interlocks for First Time DUI OffendersStatutes which require or highly incentivize the use of Interlocks for all first-time convicted DUI offenders. Mandatory Alcohol Evaluation and Education ProgramThis law makes it mandatory for all offenders who committed a DUI/DWI offense to undergo an evaluation for alcohol abuse problems and take part in a state required treatment program. Mandatory Blood Alcohol Content Test for Drivers Who have Killed in an AccidentThis law makes it mandatory for all drivers who have been killed in motor vehicle crashes to undergo a BAC test. Mandatory BAC Testing for all Drivers who Survived a CrashA BAC test is mandatory for all drivers involved in an accident where individuals are seriously injured during the crashes and survive.
Sobriety CheckpointsA sobriety checkpoint is an DUI enforcement program which allows officers to stop any predetermined vehicles to test the driver of the vehicle for sobriety. Vehicular HomicideThis statute allows for penalties to generally be brought against any person driving under the influence who kills another person through the operation of any motorized vehicle, either intentionally or negligently.
DUI Defense Lawyer in Miami-Dade County, Florida
Driving under the influence of drugs or alcohol is one of the most frequent causes of arrest in Florida. While a DUI arrest can be a tremendously embarrassing and stressful experience, it is important to remember that being taken into custody for allegedly drunk driving is not the same as being convicted. Evan A. Hoffman is a criminal defense attorney in Miami who aggressively defends clients in Miami, North Miami, South Miami, Key Biscayne, Aventura, Coral Gables, Hialeah, Opa Locka, and several surrounding areas in Miami-Dade County. Florida Statute 316.193 establishes that a person is guilty of DUI if he or she is driving or in actual physical control of a motor vehicle and is either under the influence of alcohol or any controlled substance to the extent that his or her normal faculties are impaired or has a blood alcohol concentration of 0.08 or more.
Commercial drivers in Florida can be charged with DUI if they have BACs of 0.04 or more while minors are considered legally intoxicated when their BACs are 0.02 or higher. An alleged offender’s BAC is most often determined by a breath test, but blood tests may also be used in certain circumstances. Many people assume that because they had been drinking alcohol or used some kind of drug before driving, convictions in DUI cases will be automatic. No Probable Cause – If a police officer did not have a valid reason for the traffic stop that initiated the DUI arrest, then all evidence obtained during the traffic stop can become inadmissible in court. Videos Contradict Officer’s Reported Observations – Authorities typically include many standard observations about alleged DUI offenders in their police reports, including supposed bloodshot eyes and alleged staggering when getting out of a vehicle.
Officer’s Failure to Comply with Implied Consent Law – Before a police office in Florida asks an alleged offender to submit to a chemical test, he or she must read a specific warning before conducting the test. Florida DUI and Administrative Suspension Laws – On this section of the Florida Department of Highway Safety and Motor Vehicles website, you can learn more about DUI penalties in the Sunshine State. Miami criminal defense attorney Evan A. Hoffman is a former Assistant State Attorney who represents residents of and visitors to Miami, Miami Beach, Coral Gables, Opa-locka, and many other nearby communities.
Rockford Illinois DUI Accident Lawyer
A person who drives after consuming alcohol is guilty of breaking the law, a term that the State of Illinois refers to as driving under the influence, or DUI. To be convicted of a DUI in Illinois, your blood alcohol content must be at.08% – usually the equivalent of 1 serving of an alcoholic drink – or higher. Our Rockford DUI lawyers at Tuite Law know that driving while under the influence is an act of dangerous irresponsibility and negligence. No matter how drunk a driver is, if he or she gets behind the wheel and causes an accident that injures other innocent travelers, those victims have rights and can file charges against the driver for compensation. If you have been hit by a drunk driver in Rockford and need monetary means to recover from your injuries, loss of wages, and pain and suffering, we are ready to represent you.
It is important to note that there are two types of cases that can be brought against a drunk driver if he/she causes an accident that results in damages. In a criminal case, one must prove beyond a reasonable doubt that the defendant was in violation of the law, such as is done when the police require a drunk driver to take a breathalyzer test, which is a fairly standard procedure when alcohol is expected to have caused the accident. As your representation in a DUI accident injury situation, we will take all of the legal steps necessary to prove your guiltlessness in the DUI accident and make sure justice is serviced accordingly. Our process approaches every angle of the law to ensure you receive fair compensation and justice is brought to the drunk driver who caused the accident. Advise you to get medical treatment: The first and most crucial step in a DUI accident injury claim is to demonstrate that injury has actually occurred.
Gather evidence to prove guilt: After we are able to gather enough evidence to demonstrate the extent of damages, we will also gather any other information to show the drunk driver was at fault, including police reports, witness statements, a statement on the negligent driver’s BAC, photos, and any other useful piece of information that will demonstrate their guilt. If you decide to file a civil action against a DUI driver, you can seek damages for all of your losses. Use our online form or call our offices directly to schedule a free case consultation with our talented DUI accident attorneys in Rockford, IL..