How Will An Out Of State DUI Affect You?

The legal driving limit is the same in every state with a requirement of 0.08 blood alcohol limit, and that does not apply only to alcohol. Even though anyone driving under the influence is charged with DUI, each state has different charges and rules. Whether you receive a ticket for “driving under the influence” (DUI), “driving while intoxicated” (DWI), or “operating under the influence” (OUI), it’s a serious penalty in any state under any name. You also don’t have to be driving a car or truck; if you’re intoxicated, you’ll receive a DUI whether you’re riding a golf cart, ATV, or even a bicycle.

What Happens When You Are Charged Out Of State?

Most people know the rules and what happens if they receive a DUI in their state. But many don’t know the charges and rules if they’re in a different state. Not only are the charges different in each state, but the punishments vary as well. There are things you need to know and questions you may have if you get a DWI or a DUI if you’re on vacation or a business trip. If you get pulled over and get a DUI ticket when you’re out-of-state, your local police receive that information, and they can also charge you according to the laws of your own state, and you end up with a double punishment.

 

Most states have entered an interstate driver’s license compact that is used to exchange traffic violations that are committed out-of-state and forwarded to the home state. Your home state will charge you as if you committed the offense at home, and apply the laws of your home state to the out-of-state charges.

 

The state where the DUI occurred can punish you under their traffic laws, inflict fine, jail time, revoke your driving privileges, and other punishments, but they cannot take away your out-of-state license. Only the state that issued your driver’s license has the right to take it away.

What Happens If A Police Officer Sees Someone Driving Erratically

A police officer will pull someone over if their driving is erratic or impaired. The officer then conducts a sobriety test, such as a breathalyzer, which measures the blood-alcohol concentration, or BAC, to determine if the driver is under the influence. If the BAC is 0.08 or higher, then the driver may be charged.

There are also other tests that the officer may choose to conduct if they deem it necessary.

Car Insurance Rates May Be Raised As A Result Of A DUI or DWI

If you receive a conviction for drunk driving, your insurance may go up, or they may even drop you. However, if you have a spotless driving record and this is your first offense, you may just get a slight raise in your rate.

You May Lose Your Driver’s License

If you’re charged with a DUI, your driver’s license will most likely be suspended by your home state. The police officer may take your license and give you a temporary one that expires the day of your DMV hearing. At that time, you may get your driver’s license back, or it may be suspended for a determined amount of time depending if you’ve had any prior convictions or your BAC.

 

However, if you refuse to give a breathalyzer, blood test, or any test, your driver’s license will be suspended automatically, even if you’re not convicted of DUI.

You May Have To Attend A Treatment Program To Get Your Driver’s License Back

You may have to go through an educational or treatment program to get your license back. If you refuse to go or don’t complete the program, you won’t get your license back for some time.

You May Lose Your Car

If you have prior drunk driving convictions, your car may get impounded for a determined period.

There are devices, like Ignition Interlock Devices (IIDs), which won’t allow the driver to start the car if their BAC is too high.

The DUI or DWI Won’t Go Away

Once you’ve been officially convicted of DUI, it remains on your record for at least 5 years, but it varies in each state. Consequently, it may show up on your background check.

Are DUIs A Misdemeanor Or Felony?

If this is your first DUI offense, it will probably be a misdemeanor. However, if you severely injured or killed someone while under the influence, then it’s a felony. If this wasn’t your first conviction, or your license is suspended, then it’s a felony.

 

There are many things that may occur if you’re pulled over while driving under the influence that could harm your future. So if you’ve been drinking and your mind is impaired do not drive. If you’re intoxicated call a cab, an uber, or a friend because, in the end, it is not worth it even if you think you can ‘get away’ with it out of state.

Author Bio:

 

Evan M. Levow, Esq. is an award-winning New Jersey DWI defense attorney at Levow DWI

Law who has been successfully representing drivers arrested on DWI charges in New Jersey for

decades. In addition to his dedication to representing his clients, Evan is also committed to

giving back by helping educate drivers throughout the country about DUI laws and safe driving practices.

Walks Into a Bar… Dog Day Afternoon

A guy walks into a bar and orders six shooters. The bartender says, “Looks like you are having a bad day.”The guy says, “Am I ever! I woke up late for work. On my way to work, I got in an accident. When I got to work, I was four hours late, so the boss fired me. To top it off, I came home to my wife screwing my best friend.”The bartender says, “What did you say to your wife?”The guy says, “I told her to get out, and I never want to see her again.”The bartender says, “What did you say to your best friend?”The guy says, “BAD DOG!”

Source: Funny Jokes | Walks Into a Bar… Dog Day Afternoon Joke | Comedy Central

Fuel truck driver who OD’d at gas station had previous OVI conviction

A fuel truck driver whom police said overdosed with the motor running outside a gas station has been convicted of operating a vehicle under the influence before, according to records from the Ohio Bureau of Motor Vehicles.Police discovered Kristopher Phoenix bleeding from the nose and slumped to the floorboard of his truck after an overdose Wednesday morning, Police Chief Rick Jones said. Phoenix’s driver record indicates this wasn’t his first drug- or alcohol-related encounter with law enforcement: He was convicted of OVI in Ottowa County October 20, 2004. His license was suspended for eight months as a result of that arrest and conviction. Phoenix’s driver record also contains three other suspensions for infractions related to non-compliance and improper equipment. Phoenix’s tanker was stopped at a BP station along U.S. Route 50 and state Route 264 Wednesday when a passerby spotted his prone body and told a clerk inside.”It was kind of the perfect scenario of a bad storm, because you’ve got a fuel tanker truck with some sort of flammable liquid throughout the whole thing parked at a BP gas station with a driver who has overdosed on heroin,” Jones said. “You could not ask for a worse scenario.”The chief said he startled Phoenix when he got inside. Phoenix admitted to using heroin, Jones said, but he didn’t need naloxone to be revived. The truck also contained pills.Jones said Phoenix was on the clock; WCPO contacted his employer, but no one was available to talk about his arrest.

Source: Fuel truck driver who OD’d at gas station had previous OVI conviction – WCPO Cincinnati, OH

What Should You Do if One of Your Friends or Relatives is Arrested?

If a call came from a friend or relative asking for help because he had been arrested, would you know what to do? Hiring a criminal defense attorney or arranging for bail is not something most people are accustomed to doing, so understanding the court process and the roles played by criminal defense attorneys and bail bonds agents will help.           Following an arrest, the accused person is booked by the police. Booking involves taking fingerprints and pictures (mug shots), and recording personal information of the arrested person. After completion of the booking process, the arrested person is taken to court.           During the accused person’s court appearance, a judge informs the person of the charges against him. The judge also informs him of his rights, including the right to be represented by an attorney. This initial court appearance ends with the judge deciding whether to release the person from custody and the setting of bail.           The best way to help a person accused of a crime is to contact a criminal defense attorney early in the proceedings. The attorney will represent the accused person’s interests at all stages, including the setting of bail.           Judges have broad discretion in deciding whether to set bail, and the amount.           The purpose of bail is to secure the accused person’s attendance at future court proceedings. The seriousness of the charges filed, and the accused person’s ties to the community are two factors judges use to decide the amount of bail.           An experienced criminal defense attorney is knowledgeable of the laws and appellate court decisions dealing with bail. The defense attorney knows the factors to bring to the attention of the judge to obtain the accused client’s release without bail, or with lower bail than normally would be imposed by the judge.           Once bail is set, the attorney will guide the friends or relatives of the accused person through the process of posting the bail. Retaining the services of a reputable and reliable bail bonds agent will help to speed the accused person’s quick release. A bail bonds agent will post the bail to obtain the person’s release, and becomes responsible for assuring the court that the person will return for all scheduled court appearances. The fee charged by bail bonds agents varies from state to state, and is a percentage of the bail posted.  This bail bonds company website has a more comprehensive bail bonds guide you can download.

Source: What Should You Do if One of Your Friends or Relatives is Arrested? – Chapman Criminal Defense Firm

Suspended Franklin attorney faces decade in prison following third OWI arrest

A suspended Franklin attorney is facing more than a decade in prison after her third arrest for drunk driving.Julia Compton was arrested on December 29, 2016, in Johnson County and charged as a habitual vehicular substance offender.Johnson County prosecutors also filed three other criminal charges against Compton including operating a vehicle while intoxicated with a prior conviction, a felony, and operating a vehicle while intoxicated endangering a person.“We have every intention of arguing that she spend some time in prison,” said Johnson County deputy prosecutor Rob Seet.  “We have every intention of proving her guilty.”Mothers Against Drunk Driving is also pushing for Compton to receive a prison sentence.”Based on her history and her convictions of drinking and driving, I am concerned she’s going to hurt herself or somebody else, and I want to keep this community safe,” said Lael Hill, Indiana spokesperson for Mothers Against Drunk Driving. Call 6 Investigates was unable to get video of Compton’s December 2016 arrest because the case is still pending.However, Call 6 Investigates did obtain video of her March 29, 2012 arrest in Fortville.Police pulled over Compton after officers saw her driving on the shoulder.After failing her field sobriety and breath tests, police removed alcohol bottles from her car and struggled to get the handcuffs on her.When they took her back to the Fortville police station, Compton told them she was an attorney.At the time of her arrest, Compton was a licensed attorney in Franklin.“I’m an attorney, please don’t do this,” Compton told the officer. “I will do whatever you want me to do.”A chemical test showed Compton’s blood alcohol at .23, nearly three times the legal limit.“I’m a f****** lawyer, alright?”  said Compton. “I will call the judge, ok?”Just a few months after the March 2012 arrest in Hancock County, Compton was arrested again in June 2012 for drunk driving in Johnson County.Johnson County prosecutors filed seven criminal charges against Compton including OWI with prior OWI within 5 years, OWI with a BAC of .15% or more, driving while suspended with a prior, and resisting law enforcement.Compton’s actions caught the attention of the Indiana Supreme Court Disciplinary Commission, the agency that investigates allegations of attorney misconduct.In 2013, the Indiana Supreme Court suspended Compton’s law license for six months, citing multiple alcohol related arrests within three and a half months.She also had to serve two years of probation with monitoring from JLAP, the judges and lawyers assistance program.In November 2013, Compton went to work at Marion County’s juvenile court as Best Practices Director where she handled court cases involving abused and neglected children.She resigned in October 2016, and in December 2016, Compton was arrested a third time in Johnson County for drunk driving.She’s facing more than a decade in prison if convicted.It wasn’t until after Call 6 Investigates started asking questions about Compton’s case that her driver’s license was suspended in court on May 30, five months after her third drunk driving arrest.Deputy prosecutor Rob Seet said Compton’s driver’s license suspension should have been automatic because Compton refused to take a test.It’s unclear exactly why the suspension did not happen immediately following Compton’s arrest.“I checked her license as I was kind of getting ready for trial, and I noticed that it was valid,” said Seet. “That’s a problem.”Seet said they moved to impose Compton’s license suspension on the day they noticed, which was on May 19, and the court chose to address the issue at the May 30 hearing.The BMV said they did not receive an order to suspend Compton’s license until June 1.MADD is concerned about Compton driving on the road with other Hoosiers.

Source: CALL 6: Suspended Franklin attorney faces decade in prison following third OWI arrest – TheIndyChannel.com Indianapolis, IN

Micaya White of Texas Longhorns volleyball faces DWI charges

 Micaya White, who helped lead Texas to the NCAA women’s volleyball final last season, will appear in court next month on a DWI charge.According to Travis County state district court records, White is scheduled to appear Aug. 4 after being charged with driving while intoxicated by University of Texas police following a March 18 traffic stop. The Austin American-Statesman reported that White failed a field sobriety test.The 20-year-old White, who will be a sophomore this season, is an outside hitter from Frisco, Texas, and was the Big 12 Freshman of the Year last season. Texas opens the season Aug. 25 against Florida.Coach Jerritt Elliott said in a statement that the team has been aware of the situation and is addressing it internally.

Source: Micaya White of Texas Longhorns volleyball faces DWI charges

Intoxilyzer 9000 DUI Breath Testing Forgeries – NBD

A recent article in the Denver Post details the discovery by DUI defense attorneys in Colorado that hundreds of “certifications” of Intoxilyzer 9000 machines have been forged. The Colorado state health lab is supposed to calibrate and test each breath test machine and then issue a certification that the machine is accurate. Under Colorado law, the machine is assumed to be working properly and accurately if it is certified. But, it turns out that hundreds, maybe thousands, of those certifications were faked. In addition, many of the certifications bore the “signature” of a technician who had quit a year before the certification was issued. Naturally, the health department and the governor shrug and say no independent investigation is necessary – no big deal.It is a big deal. The certification is supposed to substitute for live testimony from a scientist that the breath test machine was working properly. Judges and juries rely on breath test results alone to convict people of DUI everyday. At least in Kansas, every DUI conviction means a minimum of 48 hours in custody up to a maximum of one year in jail. The breath test machine alone can put people in jail. All that is required to admit a breath test result into evidence in Kansas is to show that the machine was certified, the operator (police officer) was certified, and that the test was run according to a 7 step protocol (basically push the button and tell the person to blow). The certification is important.The Intoxilyzer 9000 is the breath test machine used exclusively in Kansas. I have seen multiple occasions where police departments in Kansas forged the documents required by law to be sent in to the Kansas Department of Health and Environment to prove that the machine was being tested and the calibration checked. Did those agencies lose their certification to run breath tests? No. No big deal. The Department of Health and Environment, the agency that is supposed to administer the breath testing program in Kansas, has routinely and repeatedly watered down the quality control standards for maintaining reliability in breath testing and the certification of machines and breath test operators. No big deal. The machines are supposed to be tested (once) every “calendar week” by the individual police departments to make sure they are working properly. When agencies fail to do the tests every seven days, the Department of Health and Environment covers for them and says that a “calendar week” means up to 13 days. Hilarious.They used to at least give the appearance of compliance with modern scientific standards but no longer. Almost every state in America requires two breath tests. Because anyone who was taught science in 7th grade knows that scientific accuracy means the ability to repeat results. You do a test and then a confirmation test. No doctor on the planet would make a diagnosis based on a single test result. But, not in Kansas. One test is all you are given. If the single result is .08 or greater, you are looking at jail time.So, some lawyers in Colorado looked into the certification of the machines in that state and found out that corners were being cut and documents were being forged. Who is looking out for people in Kansas who are accused of DUI? The breath test machine has to be investigated in every case.

Source: Intoxilyzer 9000 DUI Breath Testing Forgeries – NBD

The whole is not always the same as its parts : Arizona DUI Defense Blog

You are going to buy a new home.  The house is 2000 square feet on a 3/4 acre lot.  You hire Rich (the termite inspector) to check it out before you buy. After all, no one wants to buy a house with termites. Good news!  The house passed.  No termites.  Thus, you buy the house.Bad news!  A month after the sale closes you discover – termites.  What?  How could this happen? You go back and look a little deeper in the method of inspection Rich relied upon.  You find out his methodology was to only check “one square inch” of the floor in the house.  When he did not find anything wrong within the “one inch” he assumed everything else was also termite free. How do you feel now? A part of something does not always represent the whole. Determining how many termites are in “one square inch” of a house does not really answer the question whether you have a termite problem. The termite inspector committed what logicians call the all things are equal fallacy.  This occurs when when it is assumed, without justification, that conditions have remained the same at different times and places. The same danger is present when attempting a forensic measurement.  For example, in a typical DUI case where a blood sample is taken, the lab will test less than a M&M size sample of blood.  However, in Arizona the legal definition of an alcohol concentration is grams per 100 micro-liters. Translation, the legal definition of an alcohol concentration requires multiplying the results of the “one inch” by about 1000 (assuming the M&M is about 100 micro-liters). The danger is assuming the rest of 1000 micro-liters (or 100 milliliters) has a proportional amount of ethanol in it.  Small errors multiplied by 1000 can easily mislead you to believe that a person’s alcohol concentration is above a legal limit when it is not. Like the termite inspection, it is up to the crime laboratory to prove their justification for assuming using such a tiny amount below the legal definition of an alcohol concentration answers the question – is the person above the legal limit?  After all, no one wants termites…or people being wrongfully convicted.

Source: The whole is not always the same as its parts : Arizona DUI Defense Blog