If you hold a CDL, it is important that you know the law and act quickly to protect your CDL or you may find yourself with no CDL and no right to work driving a commercial vehicle.
At the Traffic Stop
When you are pulled over under suspicion of DUI or DWI, roadside sobriety tests may be issued and you may be asked to submit to a breath or blood alcohol test. You have the right to refuse to take the test, but in most cases the penalty for failure to submit to a test is equal to or greater than the penalty for being found DUI or DWI. If you are found to have a blood alcohol level in excess of the legal limit (0.08 or 0.04 if you were in a commercial vehicle) or if you refuse to be tested you will be arrested and the arresting officer will take away your driver's license. Your CDL will be taken whether you were driving a commercial vehicle or not. When you are released, you will be given a temporary driver's license that is good for 45 days.
After the Traffic Stop
If your CDL has been taken, you cannot legally drive a commercial vehicle until it is returned to you. Your temporary driver's license allows you to drive a personal vehicle, but not a commercial vehicle. In order to get your CDL restored, you must file for an Administrative Hearing, and the sooner the better. If you file for the Administrative Hearing within 10 days after your stop, your temporary license will be extended until the date of your hearing, if that date lies outside the 45-day duration of the temporary license. If you file your request after this 10-day period, you will not receive an extension of the temporary license, so you may be without any driver's license once the temporary expires. If you file your request after 30 days following the traffic stop, you will not be granted an Administrative Hearing and you will suffer the consequences of a DUI/DWI charge.
Penalties for DUI/DWI
If you either do not receive an Administrative Hearing or the hearing goes poorly, your license will be suspended, you may be asked to pay a fine, and you may be sentenced to jail time. If you were driving a commercial vehicle when stopped, your CDL will be suspended for 1 year. If you were driving a personal vehicle and it was your first DUI, your license will be suspended for 45 days following the hearing. If it is your second offense, your license will be suspended for 90 days. If your blood alcohol content was found to be 0.15 or higher or you refused to be tested, your license may be suspended for 1 year.
Protect Your License
If you want to protect your CDL and your livelihood as a commercial driver following a DUI-stop in Maryland, you have to act quickly. Not only should you request an Administrative Hearing as soon as possible, but you should consult with an attorney experienced with handling DUI cases in Maryland. An attorney with experience on both sides of DUI cases as prosecutor and defense attorney can help you assemble a strong case and reduce or eliminate penalties from your DUI stop.
Friday, June 12, 2009
Tuesday, June 9, 2009
Penalties for Drunk Driving in Nevada
A first-time offender faces up to six months in jail or up to 96 hours of community service while dressed in distinctive garb that identifies the offender as a violator of Nevada’s DUI laws. A first-time offender is also subject to a fine ranging from $400 to $1,000. These offenders must also pay for and attend an education course on alcohol abuse. The driver’s license revocation period is 90 days. First-time offenders with a BAC of .18 or greater will be placed in an alcohol treatment facility for up to one year.
A person who commits a second DUI within seven years of the first conviction faces up to six months in jail or six months in residential confinement, which is the equivalent of house arrest. These offenders are also subject to pay a fine between $750 and $1,000 or perform an equivalent numbers of hours of community service while dressed in distinctive garb that identifies the offender as having violated Nevada’s DUI laws. Second-time offenders will also be placed in an alcohol treatment facility for up to one year. The driver’s license revocation period is one year.
A person who commits a third DUI within a seven-year period faces one to six years in prison and must pay a fine of $2,000 to $5,000. The driver’s license revocation period is three years.
Survival Tips:
1---Do not answer any questions other than name and address.
2---Do not agree to perform roadside tests.
3---Do not agree to have your eyes tested.
4---Do not agree to blow into a handheld breath tester.
5---Do consent to a breath or blood test, if you are asked to take one.
Be polite. Produce requested documents.
A person who commits a second DUI within seven years of the first conviction faces up to six months in jail or six months in residential confinement, which is the equivalent of house arrest. These offenders are also subject to pay a fine between $750 and $1,000 or perform an equivalent numbers of hours of community service while dressed in distinctive garb that identifies the offender as having violated Nevada’s DUI laws. Second-time offenders will also be placed in an alcohol treatment facility for up to one year. The driver’s license revocation period is one year.
A person who commits a third DUI within a seven-year period faces one to six years in prison and must pay a fine of $2,000 to $5,000. The driver’s license revocation period is three years.
Survival Tips:
1---Do not answer any questions other than name and address.
2---Do not agree to perform roadside tests.
3---Do not agree to have your eyes tested.
4---Do not agree to blow into a handheld breath tester.
5---Do consent to a breath or blood test, if you are asked to take one.
Be polite. Produce requested documents.
What It Mean by a Las Vegas DUI Citation?
Today, it is not necessary that a person be drunk to receive a las vegas DUI citation.
United States began to toughen their DUI laws in response to public outcry. Today, it is not necessary that a person be "drunk" to receive a las vegas DUI citation. If your breath or blood test shows an alcohol concentration of .08% or more within TWO (2) hours of operating the vehicle, you are presumed to be too intoxicated to safely drive within the State of Nevada. You may not think that you are intoxicated and those around you may not think that you are intoxicated. However, you may be considered intoxicated for any the purpose of driving. That is, you may have enough alcohol and/or controlled or prohibited substances in your system to be considered too intoxicated to drive. If you are convicted of DUI, you will suffer harsh penalties.
DUI DRIVING SYMPTOMS: The list of symptoms which follow include the probability that the driver is intoxicated. For example, the research indicates that the chances are 65 out of 100 that a driver who is straddling a center or lane marker has a blood-alcohol concentration of .10 percent or higher (the research was conducted before blood-alcohol levels were dropped to .08 percent).*Turning with Wide Radius 65, * Straddling Center or Lane Maker 65, * Appearing to be Drunk 60, * Almost Striking Object or Vehicle 60, * Weaving 60, * Driving on Other Than Designated Roadway 55, * Swerving 55, * Slow Speed (more than 10 mph below limit) 50, * Stopping (without cause) in Traffic Lane 50, * Drifting 50, * Following Too Closely 45, * Tires on Center or Lane Maker 45, * Braking Erratically 45, * Driving Into Opposing or Crossing Traffic 45, * Signaling Inconsistent with Driving Actions 40, * Stopping Inappropriately (other than in lane) 35, * Turning Abruptly or Illegally 35, * Accelerating or Decelerating Rapidly 30, * Headlights Off 30 .
United States began to toughen their DUI laws in response to public outcry. Today, it is not necessary that a person be "drunk" to receive a las vegas DUI citation. If your breath or blood test shows an alcohol concentration of .08% or more within TWO (2) hours of operating the vehicle, you are presumed to be too intoxicated to safely drive within the State of Nevada. You may not think that you are intoxicated and those around you may not think that you are intoxicated. However, you may be considered intoxicated for any the purpose of driving. That is, you may have enough alcohol and/or controlled or prohibited substances in your system to be considered too intoxicated to drive. If you are convicted of DUI, you will suffer harsh penalties.
DUI DRIVING SYMPTOMS: The list of symptoms which follow include the probability that the driver is intoxicated. For example, the research indicates that the chances are 65 out of 100 that a driver who is straddling a center or lane marker has a blood-alcohol concentration of .10 percent or higher (the research was conducted before blood-alcohol levels were dropped to .08 percent).*Turning with Wide Radius 65, * Straddling Center or Lane Maker 65, * Appearing to be Drunk 60, * Almost Striking Object or Vehicle 60, * Weaving 60, * Driving on Other Than Designated Roadway 55, * Swerving 55, * Slow Speed (more than 10 mph below limit) 50, * Stopping (without cause) in Traffic Lane 50, * Drifting 50, * Following Too Closely 45, * Tires on Center or Lane Maker 45, * Braking Erratically 45, * Driving Into Opposing or Crossing Traffic 45, * Signaling Inconsistent with Driving Actions 40, * Stopping Inappropriately (other than in lane) 35, * Turning Abruptly or Illegally 35, * Accelerating or Decelerating Rapidly 30, * Headlights Off 30 .
Police Take Covert Breath Samples to Detect DUI
Police Agencies across the country are using hidden breath sniffers to sneak samples of your breath for DUI arrests. The secret portable breath testers are hidden in flashlights and ticket books.
According to a law firm of San Diego DUI Lawyers and Drunk Driving Attorneys, there's a hidden breath testing device being used on unsuspecting drivers who are being involuntarily tested for DUI. That's right. This is no gimmick or urban wives' tale, it's a little known fact that Police Officers across the country are using covert and cleverly hidden Passive Alcohol Sensory Devices, also known as PAS, that are disguised in flash lights, pen caddies, and ticket book holders.In an attempt to detect drunk drivers, or make a DUI arrest on a minor driver under age 21 who needs only a .01% BAC to be above the legal limit, the officer will wave the flashlight or object within 10 inches the driver's face and mouth to capture a sneaky electronic whiff of their breath. They will then peek at the hidden breath test device to read the results, which typically provides either a positive or negative reading as to the presence of alcohol. Grants & Donations are a source of Hidden Breath Testers MADD, an acronym for Mothers Against Drunk Driving, is a well known and influential political activist group persistent and vocal in lobbying for stricter DUI laws, increased enforcement, and more severe punishment for drunk drivers. MADD strongly supports and encourages the use of Passive Alcohol Sensors, and through grants, has provided PAS devices in bulk to several police agencies that lacked the funding to purchase the equipment. Manufacturer and Distributor of Covert Breath SamplersPAS International is one of half a dozen manufacturers and/or distributors of covert breathalyzers. PAS markets the "PAS IV Sniffer" flashlight at a retail price of $799, and a "PAS Clipmate" Model ticket book model for $449 each. Their website caters the to law enforcement market.Passive DUI Sniffing is SneakyThe passive hidden alcohol sensor defies the rule and belief that preliminary alcohol screening tests administered via a portable device are voluntary for adults. Obviously, secret samples obtained from these devices are not dependent on your consent or voluntary participation.SanDiegoDWI.com is a comprehensive DUI Defense advocacy website providing public service information presented on behalf of San Diego DUI Lawyer G. Cole Casey.
According to a law firm of San Diego DUI Lawyers and Drunk Driving Attorneys, there's a hidden breath testing device being used on unsuspecting drivers who are being involuntarily tested for DUI. That's right. This is no gimmick or urban wives' tale, it's a little known fact that Police Officers across the country are using covert and cleverly hidden Passive Alcohol Sensory Devices, also known as PAS, that are disguised in flash lights, pen caddies, and ticket book holders.In an attempt to detect drunk drivers, or make a DUI arrest on a minor driver under age 21 who needs only a .01% BAC to be above the legal limit, the officer will wave the flashlight or object within 10 inches the driver's face and mouth to capture a sneaky electronic whiff of their breath. They will then peek at the hidden breath test device to read the results, which typically provides either a positive or negative reading as to the presence of alcohol. Grants & Donations are a source of Hidden Breath Testers MADD, an acronym for Mothers Against Drunk Driving, is a well known and influential political activist group persistent and vocal in lobbying for stricter DUI laws, increased enforcement, and more severe punishment for drunk drivers. MADD strongly supports and encourages the use of Passive Alcohol Sensors, and through grants, has provided PAS devices in bulk to several police agencies that lacked the funding to purchase the equipment. Manufacturer and Distributor of Covert Breath SamplersPAS International is one of half a dozen manufacturers and/or distributors of covert breathalyzers. PAS markets the "PAS IV Sniffer" flashlight at a retail price of $799, and a "PAS Clipmate" Model ticket book model for $449 each. Their website caters the to law enforcement market.Passive DUI Sniffing is SneakyThe passive hidden alcohol sensor defies the rule and belief that preliminary alcohol screening tests administered via a portable device are voluntary for adults. Obviously, secret samples obtained from these devices are not dependent on your consent or voluntary participation.SanDiegoDWI.com is a comprehensive DUI Defense advocacy website providing public service information presented on behalf of San Diego DUI Lawyer G. Cole Casey.
Know about attorney in DUI cases
DUI prosecutions are motivated by issues that are not based upon constitutional fairness or equity. Like all attorneys, they are bound by ethical duties and a high standard of “fair dealing” with all litigants in our adversarial legal process.
DUI prosecutions are motivated by issues that are not based upon constitutional fairness or equity. Like all attorneys, they are bound by ethical duties and a high standard of “fair dealing” with all litigants in our adversarial legal process. Often, the heat of battle causes these officials to become both political and competitive. When this occurs, justice does routinely suffer at the hands of a prosecutor’s vanity or ego, or outright criminal misconduct.
Lawyers must periodically stand for election. Many are first appointed to their posts by the governor of their respective state to act as the county or state attorney given the responsibility for accusing and prosecuting crimes within their jurisdiction. When it is time for re-election rolls around, an opponent seeking to replace the prosecutor may investigate the actions of the incumbent in dismissing cases, reducing cases or noteworthy cases at trial. A high profile trial can end the tenure of a successful and diligent state or county attorney. Los Angeles County, California is probably the best known place for this to occur in the United States. Hence, the pressure to “win” will always loom over the lawyer’s office. Case dispositions are public records, for mostly all criminal cases. Combing the prior files for unusual or inexplicable outcomes favoring persons charged with DWI can be a large part of an opponent’s political attack on the current office-holder.
This political tension, coupled with attorneys’ inbred desire to “win”, creates a rocky slope for defense attorneys to negotiate as the case goes to trial. In the late 20th century and in the current century, numerous states have passed legislation that intends to create a crime for prosecutors within the state to reduce or dismiss a DUI-DWI charge. Kentucky and Oregon have such statutes, and many cases are needlessly tried due to the legislative edict that threatens any prosecutor who negotiates a marginal case with becoming a criminal defendant from doing so. Such legislative overreaching is an improper misuse of the legislative process, and a constitutionally a questionable practice. To say that every DUI-DWI case made by the officers of these states is a good, solid case is ludicrous and yet such laws are politically expedient.Like other jobs, relationships are built and experienced DUI lawyers can approach an ethical and principled district attorney or state’s attorney with a proposal for a reduced charges or dismissal of charges in a pending DUI case. Knowledgeable attorneys in the drunken driving defense field will know which prosecutors to trust and which ones not to trust. Being able to find a “winning” defense or a flaw in the prosecution’s case, and then to be able to use that as a negotiating tool to avoid the risk of trial is generally limited to DWI lawyers who work in this field on a daily basis. Some prosecutors would listen to the presentation once and immediately “fix” the problem by amending the accusation or information or possibly by locating an essential witness whose name was not known prior to the conversation with defense counsel. They know no loyalty and will not have moral compass. They want to win more than they care about fairness, much less their tarnished reputations in the future. Criminal defense lawyers who handle criminal law matters every day quickly learn who these people are, and never trust them with any pre-trial “disclosures”. Other prosecutors are highly honorable people who will “do the right thing” when confronted with a loser of a case, based on some latent flaw or defect in the case.
DUI prosecutions are motivated by issues that are not based upon constitutional fairness or equity. Like all attorneys, they are bound by ethical duties and a high standard of “fair dealing” with all litigants in our adversarial legal process. Often, the heat of battle causes these officials to become both political and competitive. When this occurs, justice does routinely suffer at the hands of a prosecutor’s vanity or ego, or outright criminal misconduct.
Lawyers must periodically stand for election. Many are first appointed to their posts by the governor of their respective state to act as the county or state attorney given the responsibility for accusing and prosecuting crimes within their jurisdiction. When it is time for re-election rolls around, an opponent seeking to replace the prosecutor may investigate the actions of the incumbent in dismissing cases, reducing cases or noteworthy cases at trial. A high profile trial can end the tenure of a successful and diligent state or county attorney. Los Angeles County, California is probably the best known place for this to occur in the United States. Hence, the pressure to “win” will always loom over the lawyer’s office. Case dispositions are public records, for mostly all criminal cases. Combing the prior files for unusual or inexplicable outcomes favoring persons charged with DWI can be a large part of an opponent’s political attack on the current office-holder.
This political tension, coupled with attorneys’ inbred desire to “win”, creates a rocky slope for defense attorneys to negotiate as the case goes to trial. In the late 20th century and in the current century, numerous states have passed legislation that intends to create a crime for prosecutors within the state to reduce or dismiss a DUI-DWI charge. Kentucky and Oregon have such statutes, and many cases are needlessly tried due to the legislative edict that threatens any prosecutor who negotiates a marginal case with becoming a criminal defendant from doing so. Such legislative overreaching is an improper misuse of the legislative process, and a constitutionally a questionable practice. To say that every DUI-DWI case made by the officers of these states is a good, solid case is ludicrous and yet such laws are politically expedient.Like other jobs, relationships are built and experienced DUI lawyers can approach an ethical and principled district attorney or state’s attorney with a proposal for a reduced charges or dismissal of charges in a pending DUI case. Knowledgeable attorneys in the drunken driving defense field will know which prosecutors to trust and which ones not to trust. Being able to find a “winning” defense or a flaw in the prosecution’s case, and then to be able to use that as a negotiating tool to avoid the risk of trial is generally limited to DWI lawyers who work in this field on a daily basis. Some prosecutors would listen to the presentation once and immediately “fix” the problem by amending the accusation or information or possibly by locating an essential witness whose name was not known prior to the conversation with defense counsel. They know no loyalty and will not have moral compass. They want to win more than they care about fairness, much less their tarnished reputations in the future. Criminal defense lawyers who handle criminal law matters every day quickly learn who these people are, and never trust them with any pre-trial “disclosures”. Other prosecutors are highly honorable people who will “do the right thing” when confronted with a loser of a case, based on some latent flaw or defect in the case.
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