The term "school law" refers to laws and regulations that govern federal and state education, including the administration and operation of educational institutions, school athletics, instruction methods, programs, and materials. Additionally, legal matters relating to school faculty and staff, students, school discipline, special education, and discrimination are all part of school law.
Tuesday, November 30, 2010
DUI / DWI - Drunk driving
DUI / DWI - Drunk driving is known as driving under the influence (DUI) is some states and driving while impaired or intoxicated (DWI) in other states. DUI/DWI refers to operating a vehicle or being in actual physical control of a vehicle while one's blood alcohol content (BAC) is above the legal limit set by state law. This is considered the level at which the driver’s mental faculties are impaired. State statutes vary as to what that level is, but it ranges from .08 to .10. This charge is a criminal offense in all the U.S. states and most countries. A combination of the use of alcohol and any chemical or controlled substance can also result in a DUI/DWI charge.
DUI / DWI laws
All 50 states and the District of Columbia have per se laws defining it as a crime to drive with a blood alcohol concentration (BAC) at or above a proscribed level, currently 0.08 percent (0.08 g alcohol per 100 ml blood).
License suspension or revocation traditionally follows conviction for alcohol-impaired driving. Under a procedure called administrative license suspension, licenses are taken before conviction when a driver fails or refuses to take a chemical test. Because administrative license suspension laws are independent of criminal procedures and are invoked right after arrest, they've been found to be more effective than traditional post-conviction sanctions. Administrative license suspension laws are in place in 41 states and the District of Columbia.
More than half of all U.S. states require DUI offenders to install ignition interlocks on their vehicles in order to drive during a license suspension and/or require interlocks for specified time periods before fully relicensing offenders. These interlock devices analyze a driver’s breath and disable the ignition if the driver has been drinking. In 13 states (Alaska, Arizona, Arkansas, Colorado, Hawaii, Illinois, Louisiana, Nebraska, New Mexico, New York, Oregon, Utah, and Washington), such a restriction is applied to all offenders, including first time offenders. California applies a similar restriction to all offenders, but only in 4 counties. An additional 9 states apply the restriction to all offenders with high BACs (usually 0.15 percent or higher) and to repeat offenders, and 6 states apply the restriction only to repeat offenders.
Laws in the remaining states do not require interlocks at all, though courts or DMVs in 18 states and the District of Columbia have the discretion to apply interlock requirements. Only 3 states (Alabama, South Dakota, and Vermont) have no interlock laws.
License suspension or revocation traditionally follows conviction for alcohol-impaired driving. Under a procedure called administrative license suspension, licenses are taken before conviction when a driver fails or refuses to take a chemical test. Because administrative license suspension laws are independent of criminal procedures and are invoked right after arrest, they've been found to be more effective than traditional post-conviction sanctions. Administrative license suspension laws are in place in 41 states and the District of Columbia.
More than half of all U.S. states require DUI offenders to install ignition interlocks on their vehicles in order to drive during a license suspension and/or require interlocks for specified time periods before fully relicensing offenders. These interlock devices analyze a driver’s breath and disable the ignition if the driver has been drinking. In 13 states (Alaska, Arizona, Arkansas, Colorado, Hawaii, Illinois, Louisiana, Nebraska, New Mexico, New York, Oregon, Utah, and Washington), such a restriction is applied to all offenders, including first time offenders. California applies a similar restriction to all offenders, but only in 4 counties. An additional 9 states apply the restriction to all offenders with high BACs (usually 0.15 percent or higher) and to repeat offenders, and 6 states apply the restriction only to repeat offenders.
Laws in the remaining states do not require interlocks at all, though courts or DMVs in 18 states and the District of Columbia have the discretion to apply interlock requirements. Only 3 states (Alabama, South Dakota, and Vermont) have no interlock laws.
DUI-DWI Definitions
Absorption Rate: The rate at which consumed alcohol finds its way into the blood stream. While alcohol sits in the stomach, its absorption is delayed. Absorption rate will be affected by how much was eaten, individual biologic differences, and what type of beverage was consumed. When drinking continues over a course of hours, both absorption and “burnoff” (metabolizing of alcohol) will be happening simultaneously.
Administrative License Suspension: A law that allows the prompt suspension of the license of drivers charged with Driving While Intoxicated (DWI) when a driver has a BAC above the prescribed limit, or sometimes if a driver refuses to take a roadside blood or breath test. Thus the license may be suspended before adjudication of the DWI charge.
BAC: Short for “blood alcohol concentration.” BAC refers to the amount of alcohol in your bloodstream and is measured in percentages. BAC can be measured either by breath, blood or urine testing and is often used by law enforcement to determine whether or not a motorist is “legally drunk.” All 50 states have adopted BAC laws that make it illegal to drive with a BAC at or above a set amount. As of May of 2007, all 50 states have adopted 0.08% as the BAC limit.
Administrative License Suspension: A law that allows the prompt suspension of the license of drivers charged with Driving While Intoxicated (DWI) when a driver has a BAC above the prescribed limit, or sometimes if a driver refuses to take a roadside blood or breath test. Thus the license may be suspended before adjudication of the DWI charge.
BAC: Short for “blood alcohol concentration.” BAC refers to the amount of alcohol in your bloodstream and is measured in percentages. BAC can be measured either by breath, blood or urine testing and is often used by law enforcement to determine whether or not a motorist is “legally drunk.” All 50 states have adopted BAC laws that make it illegal to drive with a BAC at or above a set amount. As of May of 2007, all 50 states have adopted 0.08% as the BAC limit.
California DUI / DWI / Drunk Driving Law
California DUI / DWI arrests trigger two separate cases: In court, and at the Department of Motor Vehicles (DMV). Although both cases are extremely serious, the DMV case is far more time-sensitive. Motorists accused of drunk driving in California have only 10 days from the date of their DUI / DWI arrest to request a hearing with the DMV. Anyone arrested for DUI or DWI in California who doesn’t request a hearing within 10 days will have his or her driver's license suspended automatically on the 30th day following their drunk driving arrest.
The criminal case filed against California DUI / DWI defendants consists of two different statutes: California Vehicle Code Section 23152 (a), and Vehicle Code Section 23152 (b). The first count focuses on whether the driver was under the influence of alcohol or drugs to the extent that they are "unable to drive their car with the same caution characteristic of a sober person, of ordinary prudence, under the same or similar circumstances." This is the legal standard for being considered under the influence of alcohol or "DUI" in California courts.
The second count, known as the “per se” charge, concentrates on whether the driver’s blood alcohol content (BAC) was .08 percent or greater. Whether the motorist seemed to be driving perfectly before the traffic stop or performed field sobriety tests with textbook precision doesn’t matter with this count. It is a charge that is based purely on body chemistry.
Any punishment or penalties assigned by the court in a California DUI / drunk driving case is separate from the repercussions possible at the DMV. The California DMV will suspend the driver's license for a minimum of four (4) months for a first-offense (1st) DUI / DWI arrest if the driver loses the hearing. The DMV will suspend the driver’s license for one year for a second offense (2nd) and two years for a third offense (3rd). These are the repercussions faced by California drivers who submit to a chemical test of their blood or breath. In the case of a refusal, the DMV punishment is increased: a first-offense (1st) will trigger a one-year suspension with no opportunity for a restricted license. A second offense (2nd) with refusal will result in a two-year suspension, and a third offense (3rd) will cause a three-year suspension.
Drunk Driving/DUI Laws
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Uniformed officers are shining lights in your face, asking you to complete confusing tests and handcuffing you. You’re being arrested for a DUI. You have no idea where to turn for help, but when the police read you your Miranda Rights, you suddenly remember that you have a right to an attorney. But how do you find one in your state? Simple: drunkdrivinglaws.org.
At drunkdrivinglaws.org, we’re simplifying the process of finding a qualified DUI attorney right in your state to represent you. No more thumbing through the yellow pages – everything you need to know is right here. But why should you hire a DUI lawyer? Isn’t that expensive? The real answer is that you can’t afford not to!
Reasons to Hire a DUI LawyerEvery state now has strict DUI penalties in place to prevent people from drinking and driving. How does jail time, probation, community service or vehicle impoundment sound? What about losing your job or facing fines and court fees in excess of $5,000? Even for a first DUI conviction, you could lose your driver’s license, have insurance coverage problems, have an ignition interlock device installed in your car or be assigned to take alcohol education classes at your expense. Did you know a DUI conviction can also mean restricted interstate and international travel? What if you could avoid all or most of these penalties? This is why you need to find an experienced DUI lawyer!
DUI laws are complicated, state-specific and ever-changing. Only a skilled DUI lawyer in your state will know the best ways to defend the charges against you. Luckily, every state has experienced lawyers who specialize in this complicated field of law. Find one right here at drunkdrivinglaws.org!
What You Need to Know about Driving Under the InfluenceIn every state, it is illegal to drive a motor vehicle with a blood alcohol content (BAC) of .08% or more. Your BAC can be determined through chemical testing from your blood, breath or urine. Every state also has an Implied Consent Law, which means that if you have a driver’s license, you’ve impliedly consented to submitting to a chemical test if properly asked by police. If you refuse a chemical test, you could face harsher consequences. Your DUI lawyer will explain and also investigate if your chemical tests were conducted properly. If not, your test results may not hold up in court.
Ready to hire a lawyer?
Submit your case online to schedule a no cost, no obligation case evaluation with an experienced DUI/DWI lawyer in your area.
State | "Per Se" BAC Level | "Zero Tolerance" BAC Level | "Enhanced Penalty" BAC Level | "Implied Consent" Law |
AL | .08 | .02 | - | Yes |
AK | .08 | .00 | - | Yes |
AZ | .08 | .00 | .15 | Yes |
AR | .08 | .02 | .18 | Yes |
CA | .08 | .01 | .20 | Yes |
CO | .08 | .02 | .20 | Yes |
CT | .08 | .02 | .16 | Yes |
DE | .08 | .02 | .20 | Yes |
DC | .08 | .00 | - | Yes |
FL | .08 | .02 | .20 | Yes |
GA | .08 | .02 | .15 | Yes |
HI | .08 | .02 | - | Yes |
ID | .08 | .02 | .20 | Yes |
IL | .08 | .00 | .20 | Yes |
IN | .08 | .02 | .15 | Yes |
IA | .08 | .02 | .15 | Yes |
KS | .08 | .02 | .15 | Yes |
KY | .08 | .02 | .18 | Yes |
LA | .08 | .02 | .15 | Yes |
ME | .08 | .00 | .15 | Yes |
MD | .08 | .00 | - | Yes |
MA | .08 | .02 | - | Yes |
MI | .08 | .02 | - | Yes |
MN | .08 | .00 | .20 | Yes |
MS | .08 | .02 | - | Yes |
MO | .08 | .02 | - | Yes |
MT | .08 | .02 | - | Yes |
NE | .08 | .02 | - | Yes |
NV | .08 | .02 | .18 | Yes |
NH | .08 | .02 | .16 | Yes |
NJ | .08 | .01 | - | Yes |
NM | .08 | .02 | .16 | Yes |
NY | .08 | .02 | - | Yes |
NC | .08 | .00 | .16 | Yes |
ND | .08 | .02 | - | Yes |
OH | .08 | .02 | .17 | Yes |
OK | .08 | .00 | .15 | Yes |
OR | .08 | .00 | - | Yes |
PA | .08 | .02 | .16 | Yes |
RI | .08 | .02 | .15 | Yes |
SC | .08 | .02 | - | Yes |
SD | .08 | .02 | .17 | Yes |
TN | .08 | .02 | .20 | Yes |
TX | .08 | .00 | - | Yes |
UT | .08 | .00 | .16 | Yes |
VT | .08 | .02 | - | Yes |
VA | .08 | .02 | .20 | Yes |
WA | .08 | .02 | .15 | Yes |
WV | .08 | .02 | - | Yes |
WI | .08 | .02 | .20 | Yes |
WY | .08 | .02 | - | Yes |
| Alaska | Louisiana | Ohio | |||
| Alabama | Massachusetts | Oklahoma | |||
| Arkansas | Maryland | Oregon | |||
| Arizona | Maine | Pennsylvania | |||
| California | Michigan | Rhode Island | |||
| Colorado | Minnesota | South Carolina | |||
| Connecticut | Missouri | South Dakota | |||
| Delaware | Mississippi | Tennessee | |||
| Florida | Montana | Texas | |||
| Georgia | North Carolina | Utah | |||
| Hawaii | North Dakota | Vermont | |||
| Iowa | Nebraska | Virginia | |||
| Idaho | New Hampshire | Washington State | |||
| Illinois | New Jersey | Wisconsin | |||
| Indiana | New Mexico | West Virginia | |||
| Kansas | Nevada | Wyoming | |||
| Kentucky | New York | Washington DC | |||
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