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A Look At Operating Under The Influence

Sep 27, 2009 More Saving

The general public is under the assumption that driving under the influence refers to alcohol but that is a misconception since drugs whether prescribed or not are also in this category and are subject to the same fines.

Truck drivers who possess a CDL license have to undergo required drug testing, because there is a good chance of them having drugs in their system while they drive. An 18 wheeler truck that causes an accident will also probably cause serious damages and even bodily injuries. That is a risk that truck companies understandably don’t want to take.

The studies that have been done are very eye-opening when you realize that 15% of truck drivers tested had marijuana in their system, stimulants showed 12% non-prescription and prescribed 5% and alcohol 1%.

In order to be considered driving over the legal limit, it is not necessary to be drunk. Although the regular BAC, or the blood alcohol concentration, is legal to 0.08%, for truck drivers it is reduced to 0.04%. This is because they operate larger vehicles and driver longer distances.

There is a misconception that being high on marijuana is safer than alcohol but that just is not the case. Marijuana is said to affect your concentration, perception and reaction time for possibly as long as 24 hours versus a 3-4 hour span for alcohol depending on the amount consumed. Marijuana has been the cause in more than 12% of trucking accidents that were fatal.

It is understandable that truck drivers sometimes find it difficult to stay awake, because they do drive for long shifts. This is often the reason they want to use something, such as ice or meth, in order to counteract the tiredness. Unfortunately, it is also extremely easy for truck drivers to get their hands on these drugs at almost any truck stop. There are several that even show that 1 in every 5 truck drivers use those specific drugs in order to stay awake and drive longer.

Since intoxicated drivers are not to be tolerated, law enforcement personnel keep a good eye on truck drivers. Even if it is suspected that a truck driver might be under the influence they will be pulled over and then there are many ways of determining intoxication. There is the breathalyzer test to determine if a driver had been drinking, but then there is also the field sobriety test and the swab drug test.

One of the tests law enforcement uses to see if the driver has been drinking and how much is the breathalyzer in which you blow into it. The other is called the nystagmus test. This has various aspects to it. You can be asked to walk and turn, stand on one leg, put your finger to your nose and the Romberg balance test. Another sobriety test is when an officer puts an object, a pen for example, in front of the face and while moving it back and forth watches the driver’s eyes. Then a chemical test can be done which consists of urine or blood samples.

A swab drug test is basically done by taking a swab and collecting saliva from the mouth. It is then tested and if the results are hot then it is considered an OUI.

To sum it all up, nobody should operate while under the influence and that especially goes for truck drivers. It is never safe to drink or do drugs when you are going to have to operate a vehicle.

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Operating Under The Influence Is Reckless

Sep 15, 2009 More Saving

Any driver of a vehicle who is intoxicated is considered to be operating under the influence. Whether or not a driver is intoxicated is determined by the blood alcohol content which can be tested by police officers. Basically, operating under the influence is dangerous for everyone involved and is not worth the little bit of fun.

According to research and other studies it has been proven that after consuming alcohol, as the blood alcohol level rises, so does the risk of getting into an auto accident due to diminished control. The BAC level can read just .02% yet raise your chance of having an accident 1.4% on tests given to those who consumed alcohol and did not.

Impairments that are all associated with 0.02 percent blood alcohol content-effect person’s visual perception, reaction time, and information processing. His eye movements will become slow and the way he steers will also be affected. If you really think about all these that were mentioned, you should already be frightened. Imagine yourself less aware and incapable of doing things right.

It is worth thinking about the seriousness of your actions before you get behind the wheel. As the tests showed, with .02% you are losing ability to drive so can you imagine that it is feasible for the risk of an accident to jump to 11.1%.

Going out for an evening of fun is fine the problem comes when you are irresponsible. The wise way is to have a designated driver, use a taxi or don’t drink. There is too much in jeopardy otherwise. In the blink of an eye your life can be ruined or others.

In most states, once a person has been convicted driving or operating any type of vehicle while under the influence of alcohol will be required to have an interlock device in the ignition installed. Imagine being able to drive only if the device has read your breath in terms alcohol level.

You can’t fool your car because authorities have taken all measures to ensure that it will only run if you have a BAC level within the limit. Once the ignition interlock device notices that you have alcohol in your breath, then the ignition will automatically be disabled. There’s no point in trying to find other means of going someplace since it will only cause more trouble on your part.

Different states have different stipulations and duration for this type of device. In 30 states, your car will be confiscated after being caught multiple times operating under the influence- while intoxicated. In the other 21 states and the District of Columbia will suspend your privileges of driving after your very first offense. The suspensions vary in different states and ranges from 60 days to 6 months.

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Tags: advice, attorney, cars, Conviction, defense, driving, drunk driving, Dui, dwi, Lawyer, legal, More Saving, oui, racing, reckless

Precautions Against DUI

Sep 9, 2009 More Saving

One of the most common causes of road accidents is when driver drive under the influence of alcohol, drugs, or any other medications which cause them to lose focus and concentration on the road.

This is a problem experienced by all states and as a result they have set up sanctions for those caught committing the offense with the intention of at least trying as best possible to solve this problem. This is important to ensure the safety of innocent people on the road who aren’t driving under the influence or while intoxicated, as well as the offender.

Probably the one most common direct causes of DUI (driving under the influence) is alcohol, although other substances can also be responsible for it. It is the main culprit which causes reckless driving.

Oftentimes, this happens after a night out with friends where everyone is in a good mood and shots are raised, neglecting the fact that they have to drive home afterwards.

Drugs are another substance that causes the inability of drivers to grasp what is going on. Such drugs can come in any form, but all lead to lethargy and feeling high. Whereas some use marijuana, others choose something stronger like methamphetamine.

The use of these types of drugs is widespread in truck drivers who travel long distances during the night. They often use drugs to keep them awake while traveling. Sometimes, the drug not only keeps them awake at night but often keeps them awake for days. While some drivers may see this practice as acceptable, others see it as beyond the necessity and an overdose of the drug that only aimed to strengthen and awaken the person for the duration of his work, but not for several days.

It is true that sanctions by the government are necessary to keep people from driving under the influence, but more is needed. There also has to be prohibitory laws set up against minors who acquire alcohol or drugs. This is necessary, because most DUI related accidents on the road are caused by minors. Therefore the focus has to be on minors and educating them so that they know what fatal consequences are possible as a result of DUI.

The penalties imposed for DUI offenses vary in every state. Some states have lighter penalties than other states. These penalties may include fines, jail time, and suspension of license. Even first offenders don’t escape these penalties. Second offenders and more delinquent offenders are meted out with much graver punishments such as higher fines, longer imprisonment, and a longer duration of the license being suspended.

The authorities are being more wary of this type of offense due to the fatalities that it has brought. In a year, the accumulated number of alcohol related accidents reached more than a thousand, the reason why authorities are very diligent in apprehending persons who are driving under the influence.

It is important that everyone is aware of what consequences can come from their actions. If you know you will have something to drink and will drive home afterwards, then it is better to keep away from the alcohol than to think that you are not susceptible to the effects of drinking. If you have to drive home then it is better to have someone else do the driving who is the designated driver and therefore has not consumed alcohol. Although this seems to be troublesome, it is better to be on the safe side.

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Tags: advice, attorney, auto, Conviction, defense, driving, drunk driving, Dui, dwi, law, law firm, Lawyer, legal, More Saving, oui

DWI - Driving While Intoxicated

Sep 9, 2009 More Saving

The term DWI, which is short for driving while intoxicated, refers to the consumption of alcohol. More specifically it is if your blood alcohol content, or BAC, is tested to have levels over 0.08%. That amount is equal to two beers or less in one hour. That is the legal guideline that the majority of states use so that they continue to receive funding from the federal government.

Sometimes, those that smoke marijuana or take drugs may also get the charge, but often they are charged with DUI or Driving Under the Influence, which is what drinkers get if they even take a Sip of beer, but don’t test out at the .08 BAC. Both charges normally carry the same number of points off your license, cost the same to defend and result in the same jail times, penalties and fines.

Some social drinkers are incredulous to find out these facts, when they drink once or twice a year. They are placed in the same class as those that have more serious drinking problems.

The old federal guidelines, which are not as strict, are still followed in a few states which make their extra money with sales tax from restaurants and bars where drinks are ordered.

It is the opinion of many people that too much of revenues are spent going after the social drinkers, which is why they will opt for a drink at home rather than take a chance of being stopped. Doing that when in reality it is the heavy drinkers who even with their BAC levels, do not seem to be deterred from driving no matter what. Many believe that more should be spent on them instead.

The majority of states now follow the limit of 0.08% BAC. If you are caught, then in order to defend your privilege to drive you will need to spend a good deal of money. Defense is not the only expense, though. There is also the SATOP, which is the required safety program that is aimed at those that drink and drive and without it you can not get your driver’s license back after administrative suspension. An automatic suspension of your license that happens even before a verdict of guilty is spoken causes additional costs. Not only that, but this suspension even stays on your driving record for a period of up to five years in most states even if it is your first offense.

If you are charged, then a good lawyer is something you must have. Although you used to be innocent until proven guilty, that no longer applies to DWI charges. Actually, just by refusing the breathalyzer test you will most likely lose your license for a year and if you are found guilty of DWI, then you can also receive up to six months jail time for the first offense and up to five years for your third conviction. Most drug dealers don’t even have to fear those kinds of harsh sentences.

This is the main reason it may be advisable to get an attorney if you find yourself in this position. A drink with dinner can turn your entire life upside down. In some cases, drug dealers have it easier than the occasional drinker, with the stricter laws that have been enacted due to public outcry. More accidents involve drivers that have impaired judgment due to drinking, which is the reason for the crackdown and more frequent issuance of DWI charges, besides the Federal tax dollar incentives for more arrests. If you find yourself charged with a DWI or DUI, you need to seek legal help to protect your rights.

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Tags: advice, Alcohol, attorney, auto, Conviction, defense, driving, drunk driving, Dui, dwi, law, Lawyer, legal, More Saving, oui

Being Intoxicated When Driving

Aug 27, 2009 More Saving

If you have a couple drinks after work with your co-workers, you might be dismayed to find yourself charged with a DWI or Driving While Intoxicated, even though you don’t feel you’re impaired. Many states have tightened up the DWI Laws under the pressure of groups like MADD, (Mothers Against Drunk Drivers) and found a way to make additional revenue to boost the coffers.

Drunk drivers are involved in more fatal accidents, so states don’t make much difference in treatment of those that have a couple drinks after work and those that are alcoholics that down a twelve pack every night after work. You will both have to pay an attorney the same costs and you are both subject to the same penalties, jail time and fines, especially on first offenses.

After the BAC was lowered in most states to 0.08%, people who owned bars saw business drastically decline. This is because that level is for most people equal to only two beers in just an hour or less. The legal fees associated with drunk driving can be quite a lot and that is without adding the expenses associated with the mandatory SATOP course. That alone can be a couple hundred dollars and then there is also the required administrative suspending of your driver’s license. This is for a minimum of thirty days and that is only what comes before you have your day in court and are found guilty.

Considering alcohol is legally sold, the penalties are stiffer than some marijuana charges and cost more to defend, especially for a social drinker that happens to have a drink or two, once a year, if they happen to get caught.

The next charge that comes into play is DUI (Driving Under the Influence). This comes into play when it is obvious to the police that you have had a drink, but failed to test out at .08. Just one sip of alcohol can accomplish this because of the odor. Thus all the same expenses occur, just the same ones that would the habitual drinker.

The intent of these stricter laws covering drinking and driving is to make you reconsider before drinking when out eating a dinner, visiting a bar, going to a birthday party or any other social activity. It is the thought of the risk and consequences that make many choose to drink only when they are home and that result is a withdrawal from social gatherings where they would have normally had a drink or two with friends and family.

One way of avoiding the risk of being caught is to have someone come along to any festivity, such as a birthday party or bachelor party, etc., that will not drink at all to be the driver but some don’t think it is fair for one to be pressured in it and not enjoy the festivities same as they are.

If you are reading this article, then you have every right to be concerned if you already have a DWI or DUI on your record. Unfortunately, the best advice that can be offered is to prepare for tough financial times, since you will spending a lot of money even before you are possibly found guilty in court, Also keep in mind that the mandatory driver’s license suspension doesn’t have anything to do with the outcome of the court’s verdict. In fact, almost every state will immediately suspend your driving privileges and that for at least 30 days. However, a good lawyer can help you to get a hardship license and may even save you from a jail sentence, paying an expensive find and losing your driver’s license for one year.

Tags: advice, Alcohol, attorney, auto, Conviction, defense, driving, drunk driving, Dui, dwi, law, law firm, legal, More Saving, oui

The Authorities And DUI

Aug 22, 2009 More Saving

If you are under the influence (DUI) and are caught and stopped by the authorities, it should not be taken lightly by anyone since chances are you will not get away with it.

There is a good reason that so many people have been worried about DUI. It is the cause of many fatal accidents and affects the lives of many innocent people, as well as the offender. To make matters worse, it is legal for an adult to drink how much they want to and that only increases the number of drivers on the road who are under the influence.

Some DUI drivers may think that they could just drive well and straight and would go undetected by officers. However, this is not the case at hand because even the best drivers that are intoxicated with alcohol always manage to make straight lines really crooked. The driver may not be seen but the way the vehicle travels the road is very detectable.

There are different methods available to authorities in order for them to determine whether or not a driver is drunk or high on drugs. One of the most effective tests is the one that measures the amount of alcohol in the blood as a percentage and this test is commonly known as the BAC. In the US it is illegal to have a BAC of 0.08% or more and if you are caught then you will be charged with the offense.

Another test that traffic authorities administer in determining if the driver is intoxicated is through a Breathalyzer. As the name implies, it involves analyzing the breath of the driver. This is usually done at the time that authorities apprehend violators. Drivers are asked to literally blow some air into a device that reads the blood-alcohol-concentration and if it does not fall in the range of being drunk, the driver is free to go.

Some other officers without Breathalyzers would require drivers to take laboratory test such as urine tests to determine the amount of alcohol in the body of the drivers.

If determined to be intoxicated the driver will then be punished with the penalties under the law of the state they are in. These penalties for a DUI vary by state and one state may have harsher consequences than another. The severity of the penalty also depends on whether or not prior DUI offenses have been committed. The first offense is often lighter than it is for subsequent offenses.

Some states do consider the age of the offender. In those states if an offender is still a minor, then they have a chance of a more lenient punishment than an adult would get.

Over the last few years the number of DUI charges has increased, because authorities have more ways of preventing and catching drivers who are under the influence of drugs or alcohol. The number of campaigns meant at raising awareness among minors and adults has also increased and now people know more about the dangers associated with DUI.

Tags: advice, attorney, auto, Conviction, defense, driving, drunk driving, Dui, dwi, law, law firm, Lawyer, legal, More Saving, oui

Traffic Ticket Points Transferability between Canada and the United States

Jul 15, 2009 More Saving

When Canadians travel in their vehicles throughout the United States, they have to be aware of what happens if they receive a traffic violation ticket. Many people think that if they receive a traffic ticket, it will not affect their driving record in Canada. If you are cited for a traffic violation in the US, there will be consequences in Canada.

Canadian drivers use to drive throughout the US and not worry about receiving a traffic ticket. If they did, they would just ignore it because there were not any consequences. Now, US State Governments and Provincial Governments share information about drivers and their traffic violations when there is a reciprocal agreement between the Province, Territory, and State.

The agreement among Provinces and Territories known as The Canadian Driver License Compact was put into operation in 1990. All provinces participating in the agreement agreed to exchange traffic offence information. Each province and territory agreed that traffic violations committed by a driver would result in demerit points given to the drivers license of the drivers home province. Each province and territory agreed to transfer the drivers license information if that driver was driving in another province or territory. Over the years, articles have been attached to the Canadian Driver License Compact. One important article as it relates to the US states:

“Appendix 2: If a driver of a motor vehicle is convicted, pursuant to Section 249 (1) of the Canadian Criminal Code, that information is shared with the other Provinces, Territories and specific U.S. State”

Many states have agreements with Canadian provinces regarding the transfer of demerit points for traffic violations received in the United States. For instance, in Ontario:

“Section 40 (1) of the Highway Traffic Act allows the Minister of Transportation to enter into a reciprocal agreement with the government of any state of the United States providing for the sanctioning by the licensing jurisdiction of drivers from that jurisdiction who commit offences in the other jurisdiction.”

If, for example, a driver from Ontario receives a traffic ticket in a state where points would normally be assessed in Ontario and that state has an agreement signed with the Province of Ontario, points will be assessed against the Ontario license. Most states have such agreements with most Canadian provinces

In Quebec, the SAAQ states “that an equivalent traffic offense committed in another province or in an American state with which Qubec has a reciprocal agreement results in demerit points as if the offence occurred in Qubec.” Quebec has reciprocal agreements with such states as New York and Maine.

Demerit points placed on a drivers record stay there for two years after the date of conviction. The more demerit points that you have, the higher you insurance premiums will increase. There is no notice sent out when demerit points are taken off a persons drivers record.

Driving through the United States is a beautiful and fun experience. For Canadians, it is important for drivers to obey all traffic laws to avoid demerit points from being applied to their drivers license.

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