New North Dakota DUI Laws

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A new bill has been signed into law in North Dakota that will likely affect all drivers arrested for a DUI after August 1st of this year. Governor Jack Dalrymple has signed into law House Bill 1302 which calls for harsher penalties for DUI offenders, especially for first-time DUI offenders.

Here are some the new DUI laws that will affect many North Dakota drivers.

Aggravated DUI: If you’re arrested for a DUI and your BAC was .16 % or higher, your charges will increase to an offense that will now be known as an aggravated DUI. If you are convicted of an aggravated DUI, you will have to spend 2 days in jail or complete community service.

Repeat Offenders: Not only will repeat offenders be required to face jail time, they will also be required to enroll in a 24/7 sobriety program.

Class A Felony: If a DUI results in the death of another, the DUI will be considered a Class A Felony. The offender will be required to serve 3 to 20 years in prison, depending on the nature of the crime.

Class C Felony: If injury resulted from a DUI, the offender will be facing a Class C Felony. He or she could face up to 2 years in jail if found guilty.

Obviously these laws may prove to be effective in keeping the roads safer in North Dakota and reduce the amount of repeat DUI offenders. However, it also means that more patrols and DUI checkpoints may take place throughout the state. It is important to understand that more police will be on the road, scouting for drunk drivers. Be careful, North Dakota!

While it is integral that you should never drink and drive, it is important for North Dakota drivers to understand that the judicial process can be very complex. If you get arrested for drinking and driving in North Dakota, don’t go into court alone. Hire an experienced DUI attorney and fight your charges.

Now that the penalties have increased, a DUI conviction can be very detrimental to your life. A DUI attorney understands what is at stake for you and will fight maintain your privileges and help you avoid jail.

If you’ve been arrested for a DUI, contact a DUI attorney today!

Why Farrah Abraham Has it Right

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Farrah Abraham

She may have made some questionable choices in the past, but Teen Mom’s Farrah Abraham actually made a smart choice to hire a DUI attorney and plead not guilty to her recent drunk driving charges. So many people think they don’t have options after a DUI and that is certainly not the case! In fact, it is possible to avoid jail and keep your driver’s license if you’ve been accused of drinking and driving. Remember, a DUI arrest is not a DUI conviction and a DUI attorney can help you avoid making your arrest a conviction.

Farrah Abraham did not going into court alone. Appearing in court can be a difficult place to navigate. If you need to appear in court after a DUI, it is imperative to bring along a lawyer who knows the ins-and-outs of the courtroom. It can be very beneficial to your mental state during your court appearance, and, more importantly, it can benefit the overall outcome of your case.

By pleading not guilty, Farrah Abraham has improved her chances of not having a criminal conviction on her record. Unfortunately, in many states, if you plead guilty to a DUI, you’ll likely be found guilty of a DUI. By pleading guilty, you ruin your chances of being found innocent. Remember, it is possible to be found innocent, have your charges reduced or have your case dismissed altogether.

Farrah Abraham has someone to look at the details of her case. An experienced DUI attorney will likely examine the details of your arrest and possibly find a way to create a reasonable doubt in the prosecution’s case against you. Perhaps the breathalyzer was not calibrated correctly or maybe you have a condition that resulted in a false reading of a BAC test. An attorney will look into these areas and find a way to help you avoid the devastating penalties of a DUI.

We all make mistakes. We are human after all, even if we are a reality star. Farrah Abraham made the smart choice to not go into court alone. If you’ve been arrested for a DUI, you should find a defense lawyer as well! To find a local DUI attorney, fill out this secure form and be put in touch with a lawyer who is ready to help you. Don’t wait. Find a lawyer as soon as you can!

DUI Checkpoints and DUI Patrols This Weekend

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Don’t get arrested for a DUI this weekend! With warmer weather approaching and more people headed outdoors, the police are going to be patrolling for drunk drivers.

If you do get stopped, remember, you don’t have to answer any questions other than stating your name and handing the officer your paperwork.

If you do wind up getting arrested for a DUI, be sure to contact an experienced drunk driving defense attorney as soon as you can!

California

Newport Beach: DUI checkpoint on Friday, April 26 from 8:30 pm to 3 am on Jamboree Rd and Santa Barbara Drive.

Stockton: DUI saturation patrols to take place today, April 26 through Sunday, April 28 from noon to 10pm in places known for DUI accidents. This is in conjunction with the Asparagus Festival.

Pennsylvania

Lower Merion Township: Checkpoints and roving patrols to take place throughout township starting tonight through April 28.

South Carolina

York County: A new grant has been issued to the DUI enforcement team, so expect more patrols on both busy and side streets throughout the county.

AZ DUI Cases Affected by Old Breath Test Software

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breath test

In Scottsdale, AZ, almost a dozen DUI cases could be dismissed due to the police station’s use of faulty breath test machines.

Apparently, the Scottsdale Police lab has been using older software with their newer breath test machine. However, the older software was found to be incompatible with the new breath test machine. It recorded false results.

Furthermore, the new breath test machine was using this software since 2009. That means Scottsdale DUI cases that have taken place for the past 4 years will be called into question.

Remember, breath test machines are not the most accurate way to determine your BAC. In fact, 1 800 DUI Laws attorney Harley Wagner proved just that in his home state of West Virginia. You can read more about it here.

Faulty breath machines are just one of the many ways you may still have a case. You don’t have to be hopeless after a DUI. The only way to most effectively comb through the details of your DUI arrest is to hire an experienced DUI attorney.

If you are unsure where to find one, 1800DUILaws.com can help you! Just fill out this simple form and we’ll put you in touch with a lawyer who has handled DUI cases exactly like yours. Best of luck and remember, don’t go into court alone!

WV Court Ruling Allows DUI Offenders Right to Working History of Breath Machine

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The West Virginia Supreme Court of Appeals has ruled that motorists accused of a DUI will now have the ability to obtain information on the breath machine used to calculate their BAC.

This is an important ruling as it allows DUI offenders access to the evidence that is against them. This, in turn, would more easily allow DUI attorneys to assess the accuracy of a breath test machine.

When you get arrested for a DUI, in order to prove that you have been driving above the legal limit, police will measure the blood alcohol content in your system by using a breath test machine.

Many people think that the results of a breath test machine are accurate, but that’s not always the case. Breath test machines have been known for giving false readings due to a variety of factors. One reason could be that they are not calibrated correctly or the machine has been tampered with. Another reason could be that the operator of the machine has not been officially trained.

These are important details in any DUI arrest that an experienced DUI attorney will look into.

Notable WV DUI attorney and 1 800 DUI Laws member, Harley Wagner, did just that and spearheaded this landmark ruling by the West Virginia Supreme Court of Appeals.

Harley Wagner WV DUI

Because of Harley Wagner, WV DUI offenders now are entitled to the necessary data needed to effectively fight your DUI charges.

Harley Wagner exemplifies the types of attorneys who are members of 1 800 DUI Laws. Our attorneys are not afraid to fight aggressively for you so you can be assured your rights are not being violated after a DUI.

The truth is you don’t need to plead guilty after a DUI. You also don’t need to be intimidated by the overwhelming court process.

If you have been arrested for a DUI, contact a DUI attorney today. You may likely have a case!

Two Celebrity DUI Arrests This Weekend

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This weekend saw the arrests of two notable people in the film and sports broadcasting industries.

Reese Witherspoon

Actress Reese Witherspoon was arrested for disorderly conduct during the arrest of her husband, James Toth. Toth was arrested for a DUI. Witherspoon was visibly upset over the arrest and starting yelling at the police officer. Both Witherspoon and Toth were arrested but they were later released on bail.

Witherspoon has since put out a statement apologizing for her behavior and saying she has nothing but respect for the police.

Al Michaels

Legendary sportscaster Al Michaels was also arrested for a DUI this weekend. After making an illegal U-turn near a DUI checkpoint, police pulled over Michaels and later suspected him to be under the influence. They arrested him and Michaels was later released on his own recognizance.

The penalties for both of these DUI arrests include mandatory jail time, expensive fines and a license suspension. If you’ve been arrested for a DUI, it is possible to avoid these severe consequences. All you have to do is fill out this simple form and 1800DUILaws.com will put you in touch with a skilled local attorney who is ready to help you!

 

 

DUI Offender Doesn’t Pull Over for Cops; Heads to Burger King

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Burger King

Scott Sims, of Sandusky, OH was arrested for a DUI after he refused to pull over for police.

His reasoning?

He wanted to go to Burger King!

Police observed Sims speeding along Perkins Ave in Sandusky when they attempted to pull him over. Sims did not respond to the police and pulled into a Burger King drive-thru to place an order at the window.

Police asked Sims to step out of his vehicle twice as he continued to make his order.

Eventually, police approached Sims’ vehicle and apprehended Sims after he refused a breathalyzer test.

Sims admitted to being under the influence . . . and being hungry. In fact, he is reported as stating, “I should have just rode my bike to Burger King but I was too hungry.”

Sims’ craving for a late night snack is costing more than he probably bargained for. An OVI in Ohio can result in mandatory jail time if you don’t hire an attorney.

To see how a DUI attorney can help you with your drunk driving charges, fill out this simple and secure form. 1 800 DUI Laws will put you in touch with a lawyer right away!

PA DUI Cases on Hold

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Pennsylvania DUI cases taking place in Luzerne County have been placed on hold due to faulty breathalyzer tests.

This came as a result of a Dauphin County case that found errors in breathalyzer results.

Until the Superior Court makes a ruling, 8 Luzerne County DUI cases will be placed on hold.

Depending on the make, many elements can tamper with the accuracy of breath test machines. This can include the machine not being calibrated correctly, the operator not be trained accurately, and false readings due to mouth washes, whether or not offender as acid reflux, or other situations that may affect a breathalyzer’s results.

That is why it is important to have an attorney comb through the details of your BAC test as well as the details of your DUI arrest, in general. You may learn that you have a valid case and a reason that you deserve to get your DUI charges reduced or dropped altogether.

Remember, you still have options after a DUI arrest. Contact a DUI attorney today!

4/20 DUI Patrols and Checkpoints

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Obviously your attention is likely elsewhere at the moment, but we just wanted to make you aware of some DUI checkpoints that may be taking place near you.

California:

  • Napa County- DUI checkpoint happening on Saturday, April 20 from 6pm to 3am

Maryland:

  • Timonium – Roving patrols to take place on Friday and Saturday, April 19 and April 20 from 9pm to 3 am
  • Towson – Enhanced patrols to take place near Towson University’s Tigerfest at Johnny Unitas Stadium on Friday, April 19.

Remember, that there may likely be enhanced patrolling happening all throughout the country, even if we haven’t listed them here. Be sure to have all of your necessary documents on you, follow all traffic laws and don’t drink and drive.

If you do get arrested for a DUI, it is important to understand that the consequences can be devastating. You could lose your ability to drive, spend time in jail and even lose your job! That is why it is essential to contact an attorney as soon as you can!

Supreme Court Rules that Judge Must Issue a Warrant for Blood Test for DUI Arrests

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The Supreme Court ruled that police must obtain a warrant from a judge to take a blood test from someone who has been arrested for drinking and driving. 8 out of the 9 Supreme Court justices agreed that drawing blood from a suspect without a warrant violates the 4th Amendment to the US Constitution. The 4th Amendment protects people against unreasonable search and seizure and police must get a warrant supported by probable cause.

As you know, a lot of DUI arrests occur during the evenings, weekends and holidays and they don’t necessarily occur at a convenient distance from the county court. As an obvious result, the ruling will allow judges to issue a warrant over the phone.

This ruling came after a Missouri driver named Tyler McNeely was arrested for this 3rd DUI. A technician performed a blood test while McNeely was handcuffed. McNeely had previously refused a breathalyzer test and failed a field sobriety test. The court threw out the blood test evidence, saying that it violated the 4th Amendment. The Supreme Court has upheld this ruling.

If you feel as if your rights were violated during a DUI arrest, it is necessary to find an attorney who will fight for you. You don’t have to plead guilty. Find a lawyer today on 1800DUILaws.com.