1 / 0

DWI & DUI

DWI & DUI. Laws and Regulations and its Effects on the Business E nvironment. Ka Xiong July 20, 2011. Agenda. Facts About DWI and DUI State L aws on DWI and DUI Bail and B onds Your Rights Results of DWI and DUI Recent Refusal Law Changed Again in DWI Case DWI or DUI E xpungement.

shanae
Download Presentation

DWI & DUI

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. DWI & DUI

    Laws and Regulations and its Effects on the Business Environment Ka Xiong July 20, 2011
  2. Agenda Facts About DWI and DUI State Laws on DWI and DUI Bail and Bonds Your Rights Results of DWI and DUI Recent Refusal Law Changed Again in DWI Case DWI or DUI Expungement
  3. Facts About DWI and DUI What an individual needs to know before he/she goes out for a “fun” time Legal Limits for BAC and Repeated Offenders Consequences and Time Are you a repeated offender? Do you know your limits? BAC dropped from 0.10 to 0.08 factors Number of drinks Concentration amount How long an individual has to be drinking Fines went from $10,000 to $14,000 More than three DWI’s within ten years is a felony May have to attend AA classes Do community service Get your license suspended or revoked Vehicle confiscated Ignition interlock device Have DWI or DUI as a part of your record Higher insurance rates Can you afford the amount and time to be caught? Repeated offenders Mandatory jail sentences 30 days for second conviction 90 days for a third conviction 180 days for a fourth conviction Up to a year for a fifth conviction This information is for the state of Minnesota, other states may vary. http://dui.findlaw.com/
  4. State laws on DWI and DUI Operating a vehicle under the influence of a legal or illegal substance is a crime in all states. General Laws DUI Lawyers The first laws against drunk driving was in 1910, New York. BAC testing and Arrest Field sobriety tests Blood alcohol concentration test Implied consent No-Refusal DUI enforcement Opened containers Sleeping while intoxicate behind the wheel Aggravated DUI Underage DUI Commercial DUI and FMCSA Drunk biking and non-automobile DUI DWI or DUI arrest is a important matter Experienced with motor vehicle laws Experienced with traffic laws Specialize in this field Cost- vary depending on case They can help minimize or avoid severe cost and penalties. Why an individual needs a DUI lawyer. http://dui.findlaw.com/dui/state-dui-law/ http://dui.findlaw.com/dui/hire-a-dui-lawyer.html http://www.nvo.com/beaulier/newdwilaws
  5. Bails and Bonds Bails and bonds are not cheap; they can reach six or seven digits. Bail Bond Sum of money required for the release of an individual Bail is set after booking or by the judge at a separate hearing Amount depends on how serious the crime and the number times the offense is committed. “bail schedule” Written guarantee that the full bail amount will be paid if the suspects fails to appear in court. Usually attained by a bail bond agency Charges fees in exchange for posting the bond. Additional collateral may also apply "We firmly believe that under the law every person is considered innocent until proven unable to pay us back." – Skip Hunter There are a lot of agencies that cater to individuals who need bail or bond loans. http://dui.findlaw.com/dui_bail_bonds.html/
  6. Your Rights Before you go willingly, know your full rights guaranteed by the Constitution. Rights with Police Rights of the Accused and Convicted Miranda Rights Right to remain silent Right to have an attorney Search and Seizure 4th Amendment Unreasonable search and unlawful arrests Strip search after an arrest Courts are undecided about inmates getting stripped searched without individualized suspicion. 5th Amendment Self incrimination Right to counsel Legal representation by a qualified and competent attorney Right to speedy jury trial Reasonable amount of time Double Jeopardy Can’t be trialed twice for the same crime No cruel and unusual punishment Prisoners Rights Always remember your right to remain silent. http://criminal.findlaw.com/crimes/criminal_rights/
  7. Results of DWI and DUI While being intoxicated, bad occurrences can arise and result in catastrophic outcomes. spill violated the Federal Clean Water Act the Refuse Act the Migratory Bird Treaty Act the Ports and Waterways Safety Act the Dangerous Cargo Act Caused by a drunken tanker captain History of alcoholism EXXON Oil Spillage March 24, 1989 Two innocent people died Maryland State Commission on Criminal Sentencing Policy Accused: Alejandro Roman vehicular manslaughter 20 years sentence 8 years were suspended 5 years of probation Rockville Man Gets 20 Years for Deaths of Two Pedestrians in Fatal Drunken Driving Crash 330 alcohol-related incidents 2010 Illinoi Illinois had 16 alcohol related deaths 204 arrest for DWI Wisconsin officials says 20 percent of recreational boating fatalities are caused by alcohol Iowa July 1, 2011, they are changing the BAC for boaters from 0.10 to 0.08 States target boaters under the influence http://www.adn.com/evos/stories/EV347.html http://www.marylandcaraccidentattorneyblog.com/2011/06/rockville_man_gets_20_years_fo.html http://www.suntimes.com/6140630-417/states-target-boaters-under-the-influence.html
  8. Refusal Law The Refusal Law and its purpose. State v. Schmidt, A-35-10 Recent case: Consent to breathe test First test, inadequate Second test needs no warning Rights for the second test will be void Defendants refuses: Charged with refusal law I Strongly support this law, especially for repeated offenders. There is no excuses for DWI or DUI. http://www.jerseycriminallawyerblog.com http://www.whitecollarcriminalandregulatorylawyerblog.com
  9. DWI andDUI Expungement Expungement, what it means to DWI or DUI offenders. Expungement polices and procedures Grounds to which expungement are allowed Where does expungement apply? First, crime of violence, ten years have to lapse and the crime must fall under section 624.712, subdivision 5 No crimes committed Second, if a crime was not intended under section 624.712, subdivision 5, five years must lapse. No crimes committed “Expunged” Not accessible to the public 624.712, subdivision 5 They must fall under this section They must serve the appropriate sentences imposed. Discharged of the sentence By the court Operation of law Applies to an individual’s future life To secure a job Renting housing Application for credit Student loan Buying a car http://dui.findlaw.com/dui/dui-expungement.html http://www.fbi.gov/about-us/lab/codis/codis_expungement http://www.americanpardons.com/clear_your_record/state_by_state_policies/#MN
  10. Conclusion Why the law changed in the first place? An old law revised; Refusal Law Defendants were saying their rights were being violated Inadequate samples of breathe Thoughts about the new changes of the law: Great means of control Pressing issues called for this change This made offenders easier to handle Enforcement of the breathe test was more handled without scrutinizing accusations.
  11. Citations and Websites Kubasek, Nancy K., Bartley A. Brennan, and M Neil Browne. The Legal Evironment of Business: A Critical Thinking Approach. New Jersey: Pearson Education, Inc., 2012. http://criminal.findlaw.com/crimes/criminal_rights/ http://dui.findlaw.com/ http://dui.findlaw.com/dui/hire-a-dui-lawyer.html http://dui.findlaw.com/dui/dui-expungement.html http://www.americanpardons.com/clear_your_record/state_by_state_policies/#MN http://www.adn.com/evos/stories/EV347.html http://www.jerseycriminallawyerblog.com/ http://www.marylandcaraccidentattorneyblog.com/2011/06/rockville_man_gets_20_years_fo.html http://www.nvo.com/beaulier/newdwilaws/ http://www.suntimes.com/6140630-417/states-target-boaters-under-the-influence.html http://www.whitecollarcriminalandregulatorylawyerblog.com/
More Related