Posts Tagged ‘DUI’

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Top 6 Major Differences between DWI & DUI

Posted on May 23, 2011

DUI and DWI are interchangeable in some states, however in some states like Texas there are considered to be two different offenses. While DUI is driving under the influence, DWI is driving while intoxicated.In both offenses a person is driving a motor vehicle in a public place, however the targets varies in each type of offense.

Top 6 Differences between DUI and DWI

DUI and DWI are two similar crimes but are considered to be two different offenses. Here are the few differences:

  1. It is based on the state and how they identify it in the law. DUI refers to an alcoholic beverage impairment or Drunk Driving
  2. To be convicted of a DWI, it should be proven that the person operating the motor vehicle was either driving, operating or in physical control of a vehicle when being under the influence of alcohol or drugs. Also at that time, his blood alcohol concentration should be of .08 % or more due to alcohol abuse. If he refuses to take the tests to identify the BAC level, then he can be convicted.
  3. The penalties and the punishment for both DUI and DWI are different if a person is arrested and proven guilty.
  4. If a person is arrested for DUI, then his/her BAC is above the normal or legal limit of .08 % to .10 %.
  5. Different states in the United States have established different drunk driving laws resulting in different punishment for DWI and DUI. Therefore, if arrested for either of them, you should be aware of the laws for DUI or DWI in your state.
  6. In Texas, DWI is a Class B misdemeanor and involves a maximum punishment of six months in the county jail and a fine of up to $2,000. However, Driving under the influence (DUI) is a Class C misdemeanor with a maximum punishment of a $500 fine and up to 40 hours of community service. Likewise in Missouri, there is no DUI law but only DWI cases. DUI is related to drug abuse in some states and DWI is specific to only alcohol abuse.

Whether you are convicted for a DWI or DUI, you will have to face serious penalties and punishment in any case.

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Essential Considerations to Protect Yourself if Arrested for DWI/Drunk Driving/DUI

Posted on May 16, 2011

How does a Driver reconcile the need to cooperate with The Man vs. the desire to not be convicted of a DUI? Think of it as a game of chess.

When The Man activates his lights and siren, and comes up to your window with a gun and a badge, a driver understands the need to appear cooperative.

It becomes problematic if the driver could not mask the odor of alcoholic beverages or if something was wrong with the driving. A weave is a DUI Officer’s pet peeve.

Reality hurts when a DWI Officer thinks he can smell alcohol. Like a bowling ball rolling down the lane, the DWI Driver Dude is facing the inevitable drunk driving “approach.”

The Officer’s approach is simple: Smell = Gather Drunk Driving Evidence = Arrest.

The driver’s approach is complicated. Exactly how does the driver appear to cooperate while exercising vested rights?

“Rights” is not a favorite word of the DUI Officer. In fact, once the driver starts mentioning rights, the Officer can take it as Refusal. Refusal usually means a longer license suspension and/or a jury instruction for consciousness of guilt.

Rights are pretty limited anyway in a DWI case. The Implied Consent Law generally means the Driver MUST submit to blood or breath test. And that usually does not include the right to speak to a lawyer first or the right to remain silent as silence can be deemed a Refusal.

The odor not only makes Driver a Presumed DWI Arrest Target. It may cause resentment by the DUI Officer. Too many times, drunk-smelling drivers hassle The Man. And The Man is usually not very patient or understanding.

Therefore, it is important to remain polite.

A mental balancing challenge follows. Of course, it’s naturally a function of each step the DUI Officer takes and the words he or she chooses to use.

Much like a game of chess, each player has pieces to use. The DUI Officer is the King, so you cannot touch him.

The hand-held breath test gadget is the Queen. But while the Queen may approach the Driver, the Driver does not have to blow kisses at the Queen. Unless the Driver is underage,

Flanked by his gun & badge, his rooks or castles, the officer gets out of his car, his knight. Admitting drinking becomes one bishop; smelling alcohol is his other bishop.

Every question he asks is by design, like the use of pawns.

Since the driver is at a strong disadvantage, the driver’s frontline moves are essentially his eight pawns. Therefore, the driver plays by the rules, using these eight (8) moves:

  1. Upon the DUI officer turning on his overhead lights, the driver quickly finds a safe place to stop.
  2. Make sure the driver’s side window goes down.
  3. Place hands on the wheel of the vehicle.
  4. Hand over license, registration & insurance.
  5. Try not to speak to the officer. (Say you’re advised by attorneys not to talk.)
  6. Politely decide against all Field Tests, physical or mechanical. Every FST is optional.
  7. If arrested for DWI, try to select the urine test. If no such test is offered, select the breath test. Only select the blood test when there is no other option.
  8. Your last pawn move becomes your strongest play. Find the right DUI lawyer. Your attorney transforms into a queen upon reaching the other side.

About the Author:

Rick Mueller is a Top-Rated San Diego DUI Lawyer specializing in Drunk Driving, DUI & DMV Defense, and has over 25 years of experience. Known as the “DMV Guru,” Rick Mueller dedicates 100% of his law practice to aggressively defending those accused of driving under the influence of alcohol.

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MADD Tree of Life Tribute Fund

Posted on Jan 31, 2011

Established in 1980, MADD (Mothers Against Drunk Driving) is a non-profit organization that is committed to eliminate drunk driving through public awareness programs. The mission of MADD is “To aid the victims of crimes performed by individuals driving under the influence of alcohol or drugs, to aid the families of such victims and to increase public awareness of the problem of drinking and drugged driving.”

About Mothers Against Drunk Driving Tree of Life Tribute Fund

On MADD’s website you can create a tribute to honor the people you love. You can also display photos and share memories and stories. You can find a tribute or create a tribute on the online Tree of Life Tribute page. When creating your online Tree of Life Tribute page, this will be your own Tribute Fund and family members and friends can donate and raise money for MADD’s mission, which is to stop drunk driving, support the victims of this violent crime and prevent underage drinking.

Creating Your Tree of Life Tribute

To get your Tree of Life started, just click on the Create a Tribute link that is displayed and follow the instructions. Once this is done you can:

  • Tell others about your story and your reasons for creating a Tribute.
  • Display a photo of the Tribute honoree.
  • Invite family and friends to join in your cause.
  • Ask for donation and support to support MADD’s mission.
  • Make a personal donation to support MADD.

Once you meet $2,500 in support via your online Tree of Life Tribute, you will get to add a leaf plaque to the Tree of Life located in the MADD National Headquarters. The leaf will be engraved with a message of your choosing. You will also get your own personalized leaf to take home.

Accounts Information

If you are previously registered members to the Walk Like MADD team, you can use your existing information from your profile and log-in to your account. However, if you have not registered yet, you will need to enter your street and e-mail address and create a user name/ password login during the fund creation process.

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