Archive for June, 2012

« Older Entries

Getting Along With an Ignition Interlock Device

Posted on Jun 27, 2012

If you find yourself in the situation of having an Ignition Interlock Device, called an IID, installed in your car, there are certain things that you need to know about. Remember, even though it is required in many cases, the IID is still giving you a second chance to get back on the road. San Bernadino DUI lawyer, Stephen Levine offers the following advice for those needing to use an IID.

Follow the Rules to the Letter

With the use of the IID, you may feel embarrassed but it is actually allowing you to drive. Since it is meant to give you that second chance, it is imperative that you follow all rules regarding the IID. If you do not, you risk being arrested for tampering with the IID or for using it improperly.

Make sure you are the only one blowing into the device. There is a camera in many of these devices which records who is driving. If someone else is going to be driving the car, then they have to be driving the entire time or there will probably be a positive result during a random test, which is referred to as a rolling retest. The same driver has to drive continuously because the state doesn’t want you beating the system. If someone without alcohol blows into the device, and then later you start driving with alcohol on your breath, the device will register the difference and know that the system has been tampered with. Don’t try it, it’s not worth it and you can be arrested. You can lose your license for a longer period of time or even permanently in some cases. You may also incur additional penalties. The camera and the IID will give you away.
Do not even think of dismantling the IID. You will be caught and will have to risk arrest and more fines. You also risk losing your license. Some of the penalties you missed the first time around might come into play the second time around. You don’t want to have to worry about possible confiscation of your vehicle. The IID has been installed with anti-tampering devices so that you follow all the rules.
Don’t interfere with the operation of the IID in any way. You risk arrest, driving privileges, and additional penalties.
Make sure to go for the mandatory calibration at the certified installer when either the court or the device itself tells you to go. If you fail to go, it could be viewed as your attempt to cheat the system, which will not be tolerated. You could lose all driving privileges, risk arrest, and risk further penalties.

What If The IID Is Too Embarrassing To Use?

Is the IID embarrassing? It depends on you, but to most people, it is. People will watch you as you blow into the IID, something they may never have seen before. Your use of it depends on how much you want to drive or on how much you need to drive.

Occasionally there may be some ways which can lessen the embarrassment to the user. For example, some installers will permit the part of the IID which you blow into to be below the dashboard of your car. If this is the case, you can duck your head down and blow into the device to start the car. This is not always recommended because you will want the camera to register you as the driver of the vehicle. However, when you have driven with the IID for several months and have been progressing well, you may want to ask to have the device lowered so you are not taking a Breathalyzer for the entire world to see. Even lowering the device a little bit may save you the embarrassment. This way, no one will know it’s in the car except you, your probation officer if any, the installation company and your lawyer. You will not be able to do this, obviously, during a rolling retest, but the IID is less conspicuous when you’re out on the road.

Consult with knowledgeable DUI attorneys who have lots of experience with IIDs and can advise you about what you can and cannot do with the IID in your car. They will understand that the situation can be embarrassing to you and will be able to answer any other questions you have about the aftermath of your DUI case.

Bio:
Georgina Clatworthy has been a legal writer since 2010, producing articles about DUI, traffic offenses and personal injury claims. She is now a contributory writer for DUI attorneys Milligan, Beswick, Levine and Knox.

What is the Difference Between Driving While Intoxicated & Driving Under the Influence?

Posted on Jun 20, 2012

Both DUI and DWI are terms associated with operating a vehicle while intoxicated. There isn’t much difference between them except the letters. While DUI stands for ‘driving under the influence’, DWI stands for ‘driving while intoxicated or impaired’. DWI laws are different in different states of the US; while some states use DWI, others use DUI.

Difference between DWI and DUI

In most states of the US, DUI or DWI are terms that are used interchangeably. But in Texas both refer to two different offenses. In both, a person is driving a motor vehicle in a public place under the influence of alcohol but the targets can be different in each type of offense.

The differences between DWI and DUI are as follows:

In states where both terms are used for separate offences, DWI stands for ‘driving while intoxicated of alcohol’ while DUI is ‘driving under the influence of alcohol or drugs’.
If you are convicted of a DWI, the officials should be able to prove that you operated a vehicle while drunk, or were in physical control of a vehicle when under the influence of alcohol or drugs. Moreover, they need to prove that your BAC was above the legal limit of 0.08 or more due to alcohol abuse.
The penalties and the punishment are slightly different for both DUI and DWI if you are arrested and proven guilty.
You can be charged for DUI if your BAC is below or between .08 and .10. DWI arrests happen if your BAC is above the normal or legal limit of .08 to .10.
As the states of the United States have established different drunk driving laws, the punishment are different for DWI and DUI. If you are arrested for either one of these, you should be aware of the laws associated with them in your state.
In Texas, DWI is considered to be a Class B misdemeanor and results in punishment of six months in the county jail and a fine of up to $2,000. However, a DUI is considered to be a Class C misdemeanor with a maximum punishment of a $500 fine and up to 40 hours of community service. However, in the state of Missouri, there is no DUI law but only DWI cases. In some states, DUI is associated with drug abuse and DWI is specific to only alcohol abuse.

Whatever the name, DWI or DUI are both criminal offenses that can lead to severe punishments and penalties. Are there different penalties for DUI and DWI in your state? Do let us know.

DUI, DWINo Comments »Driving Under the Influence driving while intoxicated

5 Mistakes People Make When Arrested for DWI

Posted on Jun 13, 2012

Getting arrested for a DWI is a frightening event, and almost anyone can end up making this kind of mistake in the first place. How you react during and after the arrest is what can make a huge difference in how things turn out. In order to keep things from blowing out of proportion after an arrest, it is important to avoid these common mistakes:

#1: Not Understanding the Full Severity of the Situation

Even if you have no previous record of any kind and were merely out for a few glasses of wine with friends, the bottom line is that a DWI is a DWI. Make sure you get the legal representation you need to fully grasp how serious the charges are and how best to handle them. In fact, even if you have been through the process before without legal representation it is a good idea not to try a DIY approach to your DWI.

#2: Continuing to drive Without a Driver’s License

In many cases you may have your driver’s license revoked or at least temporarily suspended. Driving without a license is not worth the gamble, and if you are caught it will only make legal matters for your DWI that much worse. Don’t take the risk when it is just as easy to hire a taxi, use public transportation, or even rely on a friend to help get you where you need to be until everything is cleared up.

#3: Not Getting the Proper Car Insurance

Most of the time in order to get your license reinstated you need to carry SR22 auto insurance. Get FREE quotes to find the lowest rate for you and make sure you get this insurance in place. It is also crucial that you keep this insurance once you have gotten your driver’s license reinstated. A lapse in your coverage must be immediately reported to the state and will result in you losing your driving privileges, again.

#4: Failure to Appear

Hiding your head in the sand will not make this go away. Make sure you follow through and appear and get the matter over with. You may run a risk of not getting the result you want on the day of your court date, but not appearing at all will ensure that you get a more severe penalty.

#5: Pleading Guilty If You Are Not

You may think you can get the matter over with quicker by pleading guilty, but remember this is your permanent record. Don’t make the mistake of pleading guilty just to get around hiring an attorney either. This can be a tempting route to take if you have never had to deal with a DWI charge before. But will certainly not lead to the results you are hoping to get in the long run.

It is simply important to be smart, organized and prepared for the entire thing to help make it easier for yourself. To admit that you need representation and to face your court date are two points that will surely help make the situation better. Also, remember to learn from your mistakes in order to avoid a repeat performance.

Guest Post, Test Category1 Comment »Guest Post