If you have been charged with a DUI, you may not know the consequences of this conviction. Even if you have been caught drunk driving in the past, you should be aware that the DUI laws are changing and vary from state to state. For instance, in North Carolina, the ignition interlock device, used to detect the alcohol levels of a driver, may now be replaced with an alcohol anklet. After a horrific incident with a teenager killed by a drunk driver, the state decided to pass what is known as ?Laura?s Law,? after the death of Laura Fortenberry. This law was made to really focus on the repeat drunk drivers also known as Hard Core Drunk Drivers or HCDD respectively. The law looks to not only prevent repeat drunk driving offenders, but to also give them help in dealing with alcohol and drug abuse issues that continuous drunk driving usually stems from in the first place. According to sacbee.com ?98% of HCDDs have a personal history of alcohol abuse and account for 77% of alcohol-related traffic fatalities. They are defined as offenders who have had repeat DUI arrests in the last 3 years, are arrested with a high BAC (exceeding .015, nearly twice the legal limit) and comprise 40% of all DUI convictions (whether sentenced to jail or community supervision) each year.? With these high percentages, the lawmakers are shifting their attentions from the severity of punishments to preventable action. Monitoring the sobriety of a driver before he or she even enters a vehicle seems to be the most effective way to avoid drunk driving accidents. Research conducted by the Traffic Injury Research Foundation shows that 71% of drivers fail the ignition interlock device which points out that drivers who have been drinking are still attempting to drive while drunk. This seems to undermine the desired result of prevention from driving under the influence. However, this also highlights the importance of such a device as the vehicle cannot be operated if the driver does not pass and further contributes to the idea that these drivers are suffering from an addiction. In any DUI case, it is recommended that if you are a repeat DUI offender to hire a criminal lawyer that may be able to look over your case and assess the possible consequences and what you can expect moving forward. Whether this is your first time or you have been charged with a DUI before, a criminal attorney might be a good idea if you want to stand a chance against these strict DUI laws and penalties.
Nate asks, How can I limit the consequences of my DUI? Can I get a DUI with 0.19 dismissed with a diversion program or some kind of deferred sentencing?
Nate, In most California counties the answer is that it is very unlikely that you will be able to settle this case for a program. There is an enhancement for having a BAC of .15% or higher, the fact that your BAC was .19% is going to make it more difficult. The best area to look at is potential suppression issues. Did the officer have the right to pull you over? Did he advise you of your rights before asking questions of you? There are other potential suppression issues that a lawyer will recognize, most lawyers will give you a free consultation.
This answer pertains to individuals in the state of California. To see more answers to this pertaining to other states, as well as other legal questions, go to LawQA, a site for Free Legal Advice.
Answered by:
Daniel K Martin
Location: Fresno, California
Phone: (559) 761-8834
Disclaimer: The response above does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice.
Source: http://www.lawadvicenow.com/law/automotive-law/what-are-the-consequences-for-driving-drunk/
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