If I was stopped in a dui checkpoint I would say "I want a lawyer present before I answer any questions" and "I want to leave unless I am under arrest." My understanding is that a police officer has to allow you to leave unless he decides to arrest you. So how long can a police officer detain me after I say I want to leave a dui checkpoint under Nevada law?

About three years ago I got a DUI, went through the ARD program and got it off my record. However, just last night I was arrested for my second.

Since it was so recently I don't have all the details yet of what I'm going to be charged with. I wasn't pulled over; I accidentally turned my car off the road and into train tracks. Car got stuck, police had to be called, car towed, etc.

From what it sounded like my BAC is likely to be .16 or so.. which puts me in the highest range, unfortunately for me.

For my first offense I did get a lawyer but I'm not so sure if it would be a good idea for the second one (AKA I really really dont think I can afford it). Does anyone have any experience, anything they've actually gone through? It seems like all of the DUI law websites are full of misinformation; the penalties they list for your first offense, even under ARD, are a lot worse than what I got my first time.

So yeah. Any advice? If its mandatory that I really should find a lawyer, I guess thats what I have to do. And people that have gone through this before in PA.. what should I expect?
(Not to be a jerk, but yes, I realize drinking and driving is stupid and irresponsible. I didn't go into "I'm not going to do this again." because it isn't what my question is about, but yes, I do realize what a stupid mistake it was. I'd appreciate if everyone could stay on topic; it already happened and I'd like to move on and figure out how to deal with it.)

I have 2 Duis, My last conviction was in late march. I have been with out a license since. I read Ca governer signed a new law in oct 2009 to allow repeat dui offenders to obtain a restricted license with an ignition interlock device installed after 90 days of the suspension served effective july 1 2010. Now my question is, is will i be able to take advantage of this law even tho my DUI conviction was prior to the effective date of this new law. Thanks for any Info.
--David
I have read no where in this law where people that were convicted before the laws effective date could not take advantage of it. i have actually had my lawyer send me the real printing of the law, i didnt completely understand it and he is not avaible till monday, so tryin gto get info now. thanks

The legislation requires the Motor Vehicle Administration (MVA) to now impose a one-year driver's license suspension on a person convicted of either DUI (driving under the influence) or DWI (driving while impaired) more than once in a five-year period. The law allows the MVA to issue restricted licenses for the suspension period if the person participates in the Ignition Interlock System Program (IISP).

The IISP prohibits drivers from driving any vehicle not equipped with the ignition interlock system, and allows the person to drive only to and from school, to and from work or to and from an alcohol/drug treatment program and health care treatment

The legislature also increased the a€œlook-back perioda€, doubling the length of time, from five to 10 years during which there can be no previous DUI related Probation Before Judgment dispositions in order for the Court to consider a PBJ in the instant case.

Under current Maryland law, drivers with a blood alcohol content (BAC) of between .04 and .08 are usually charged with DWI. Those with a BAC of .08 or higher are normally charged with DUI. A first-time DWI conviction means being faced with up to two months in jail, a 0 fine and a driver's license suspension of 60 days. Penalties for a first-time DUI are more severe, including up to one-year in jail, up to a ,000 fine and a 45-day or more driver's license suspension.

A second DUI conviction increases the fine to ,000, a one-year license suspension (followed by one-year of restricted driving privileges) and can mean up to two-years in jail. A second DWI conviction can cost up to 0 in fines and up to a one-year jail term.

The legislature also passed a bill increasing penalties for violating any alcohol restriction on a driver's license. The misdemeanor violation is now punishable by a fine of 0 and two months in jail.

In a recent survey 30 percent of high school seniors reported that they had driven after heavy drinking (five or more drinks in a row) or knowingly rode in a vehicle with a friend who was drinking.

What about the teens who had one, two, or three drinks? Certainly, those percentages are much higher.

According to attorney Michael Monheit, Esq., "underage drinking and driving is a serious problem."

"Of course, the media doesn't help when they exploit underage celebrities like Lindsay Lohan and her girlfriends who are out partying every night and smashing their Cadillac SUVs into poles and people," continues Monheit. Is Ms. Lohan an exception?

Underage drinking is more common than you would think. What does it say about our society that by the time Lohan turns 21-- the legal age for drinking -- she's been in and out of rehab more than once. Monheit explains that "Rehab even seems to be a status symbol among the rich, famous, and perpetually drunk." Thus, not only are parents comparing notes about what colleges their kids attend but also what underage drinking rehab centers have the best programs.

Most likely, if you're a single parent or dual-parent household living a normal life (whatever that is?), your underage kids aren't coping with the side effects of celebrity and paparazzi. But they are coping with peer pressure, wanting to fit in and be cool, and a myriad of other side effects of real teen and young adult life.

Underage drinking at bars happens every day especially in college towns where the drinking age is 21. Who can wait? That's an eternity when there are fake IDs or no IDs required, which is a huge liability for bars serving minors.

The effects of underage drinking and driving are huge. Drinking alcohol dulls the senses while giving the underage drinker a false sense of bravado and laissez-faire...who me? Drinking alcohol diminishes responsibilities for self and others.

Your kids are no longer strapped to your chest in a baby carrier so giving them some ground rules and values are the first step. Then again, how many of them have the self-esteem and courage to tell their friends that, no, they are not going to have a beer at a party; not going to play popular drinking games; or not go into a bar that turns the other cheek while serving minors alcoholic beverages without closely checking IDs.

Many people are aware of the general aspects of the driving under the influence (DUI) and driving while intoxicated (DWI) rules. What many people between the ages of 18-20 do not know is that these statutes effectively don't apply to them! If you're between the ages of eighteen and 20, you should read on to find out what the law says about your right to drive after you've had spirituous alcohol.

Firstly, know that if you're caught with any liquor in your system and you are younger than 21, you'll immediately lose your driver's license for two years. It is irrelevant if the alcohol is in your body as a result of religious ceremony or possibly a barbecue. Also, in addition to being charged under this statute (ARS 4-244), you'll be charged with whatever section of the DUI/DWI rules apply to your situation.

Since ARS 28-1381(1) provides that you don't need to be over a.08 blood liquor content (BAC) in order to receive a DUI, it has major ramifications. Many persons in this age bracket would not be particularly concerned about driving after a minute amount of liquor had been consumed, whatever the situation (this writer wouldn't presume to judge an adult of any age who consumes alcohol). Because one drink can leave the smell of alcohol on a person's breath, the driver could easily get hit with both statutes when they're really far from impaired.

This is why it's critical that drivers under the age of twenty-one don't consume any liquor before driving. Underage consuming laws notwithstanding, it is absolutely not an acceptable risk to operate a vehicle after drinking even one drink in this situation. It is probable that after a person is automatically charged under ARS 4-244, they will be almost guaranteed to be charged with ARS 28-1381(1), and the former charge being used as leverage for the latter in court.

If it's too late, don't despair. An experienced DUI lawyer will be able to look at your case and determine if there is a possibility for a defense or lessening of the charges. In the majority of jurisdictions these days the majority of cases are handled by plea bargain, in response to the massive overcrowding of the legal system. Many DUI attorneys in Phoenix offer free consultations to clients, so you risk nothing by making a phone call.

Ever since the invention of the automobile people have been drinking and driving. There are many people that think they can drive if they have only had a couple drinks but this is far from the truth. There is never an excuse for drinking and driving, no matter how little you had to drink.

When you take the risk and drive will drinking there are many things that may go wrong. You could end up spending the night in jail and having to pay a large fine for a DUI if you are caught driving drunk. Not to mention all of the people you are putting in danger. A DUI is the best case scenario because you could end up taking someone's life.

You run the risk of losing a lot when you drive drunk. If you drive after you have been drinking you take the risk of killing yourself or someone else. You will go to jail if you wreck and the result is someone's death. You absolutely can and more than likely will be arrested and charged with the crime of man slaughter if you kill someone will driving drunk.

Most people would have a hard time living with the fact that their bad choice caused someone to die. Of course going out and having a few drinks is perfectly fine as long as you do not drive after you drink. If you are planning to have a drink make sure you plan on a safe way to get home like a friend or taxi.

There is never a reason to drink and drive when a cab can get you there safely for only a few bucks. The few dollars you pay the cab driver to take you home could save someone's life and it may even be yours. Never think that you can drive because you have only had one or two drinks. Many people have said that they can drive as well or better when they have been drinking but this is never true.

There is no one who can drive better while being drunk. When you and your friends go out drinking, be the responsible adult and suggest everyone take a taxi cab home. When leaving after a night out drinking ask the smart question of "what is the number for the cab"? Never ask who is sober enough to drive us home.

When you have had a couple or drinks you may not make the most rational decisions. This is why planning ahead is so important. If you plan for a cab to drive you to the club or bar then you will more than likely be taking a cab home. Ask a friend to drop you off if you plan to drink this way your car will not even be there for you to drive. This country also has a problem with teenagers driving drunk.

Set a good example for your teens and talk to them about drinking and driving. Make sure they know that drinking is harmful and that driving drunk could ruin their lives or get them killed. Too many teens have lost their lives due to drunk driving.

1. Watching your car be towed.

2. Examining your car's damage.

3. Looking at new cars.

4. Watching car repairs.

5. Examining the paint job on your old car.

6. Dealing with car rental agencies.

7. Fighting with insurance companies.

8. Reading medical reports.

9. Gasping at medical bills.

10. Meeting with lawyers.

Now here are ten actual tips of advice from a car accident lawyer to follow if you have been in an accident. You can also learn more about how to handle a car accident in Riverside County, or any city, by calling the Law Offices of R. Sebastian Gibson at any of the numbers which can be found on our website at http://www.SebastianGibsonLaw.com  and learning how we can assist you.

Obviously, if you have had an accident, and you are reading all of this advice, it's probably been at least a few days since the accident. However, if it's only been a few hours or if you ever have another accident, here's what you should do the next time from the start.

First, take a look around and determine if you or anyone, are hurt. If so, taking steps like trying to prevent further injury or loss of blood are the most important thing you can do. Even if some other driver caused you to be injured, it's just good manners to help the other driver if they are hurt. They may even be so thankful that they admit their fault to you. The worst thing you can do is get angry or start a fight.

Second, make sure everyone is safe from being injured further. If you are in the middle of traffic, and you are dizzy, sit down away from traffic. If your vehicle is a traffic hazard and you have accident warning devices like flares or triangles, put them out on the road to warn other drivers and get away from the car. Let the police an other emergency personnel investigate the scene with the vehicles in place and move them more safely at a later point.

Third, call the police. Accident reports are extremely helpful if the police will do such a report. Let the police know you are injured immediately. Answer the police questions honestly. But if you are dazed or confused, let them know you need medical treatment and answer only what you feel sure about. Remember, your statements can and will be used against you if you admit fault, and it will be too late and too fishy to later say you didn't know what you were saying at the scene. Police know that your best recollection is immediately after an accident.

Fourth, get the other driver's information including their names, addresses, driver's license numbers, make and model of their vehicles, license plate numbers, and their insurance company name and policy number. If there are witnesses, get their names, addresses and telephone numbers as well. If the other driver makes any admissions of fault, write those down as well.

Fifth, if you have a camera on your cell phone or in the car and you aren't too injured, take some photos of the vehicles and the scene. If you can't do it right away, do it after you are released from the hospital.

Sixth, if you are hurt, obtain medical treatment. Don't decline the ambulance or hospital examination to save your insurance company money or to be stoic. Take your valuables out of your car if you can and get checked out at the hospital. If you are not hurt, don't get treatment you don't need. However, remember, after an accident, you may feel a rush of adrenaline that causes you to only start feeling symptoms of pain a few hours later. If you have a health plan that requires you to obtain permission first, call them and find out where you are allowed to seek treatment.

Seventh, call a good car accident lawyer as soon as you have had your initial treatment, so the attorney can gather other important evidence and prevent the insurance company from taking advantage of you and obtaining such things as recorded statements that you feel fine, when many of your symptoms have yet to manifest themselves. A good car accident attorney can save you from making a great deal of mistakes and can shoulder much of the hassle of knowing what to do about car repairs, car rentals, medical treatment, witness statements and the like. If you think you will save money by not having an attorney, think again. A good car accident lawyer can almost always obtain much higher settlements, obtain reductions of medical bills and insurance liens and prevent you from making costly mistakes. Also, most car accident lawyers advance costs of obtaining police reports, medical records and the like and are paid and reimbursed for these costs only out of any settlement.

Eight, you will need to report the accident to your insurance company, but since they will want to take a recorded statement from you, just like any other driver's insurance company, it's good advice to retain an attorney first. And if the other driver did not have insurance, remember that it is your own insurance company that will be your adversary. You will also need to report the accident to the Department of Motor Vehicles and your lawyer can give you the form for this.

Ninth, do not agree to settle your claim privately with the person at fault for the accident. This almost never works out to your advantage. Don't agree not to call the police. Police reports that determine the fault for an accident are golden. Your agreement to not involve the police only affords an opportunity for the other driver to change his story and blame you when the police will no longer investigate the accident.

Tenth, don't pay a traffic ticket without a fight if you weren't at fault or agree to accept a small payment for your vehicle repairs without knowing that the amount will in fact cover the cost of all the repairs.

If you've had a car accident in Riverside County, Beaumont, Cherry Valley, Palm Springs, Palm Desert, Indio, Coachella, Rancho Mirage, La Quinta, Indian Wells, Cathedral City, Desert Hot Springs, Thermal, Yucca Valley, Joshua Tree, Twentynine Palms or anywhere in Southern California, we have the knowledge and resources to be your Riverside County Car Accident Lawyer and your Palm Springs Car Accident Attorney. Be sure to hire a California law firm with auto, motorcycle, truck, bicycle, pedestrian, car, bus, train, boat and airplane accident experience, wrongful death experience and insurance law expertise who can ensure you are properly represented and get the compensation you deserve.

If you have a personal injury legal matter, a dog bite or if you've lost a loved one in a wrongful death accident, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.SebastianGibsonLaw.com  and learn how we can assist you.

Proposition 203 has become a hotly contested issue this election year. Some opponents cast it in a negative light as legalizing cannabis, while supporters claim it is only for the safe medical usage of the drug. I will try below to outline what precisely Prop 203 is about, what it would allow and what it wouldn't.

Proposition 203 is a "revision bill." California's Senate Bill 420 (Clever, California, Clever) legalized marijuana to be used for medical purposes. There's been much criticism lately, however, due to the wording in the senate bill which allowed pot to be used for "acute chronic pain." This opened the gateway for medical marijuana cards to be issued to just about anyone, and is been widely regarded as being abused by 97% (according to a local agency) of its consumers.

Prop 203 used some of the wording from the CA SB420, but alternatively shifted it to be considerably more prohibitive. Az Prop 203 would only allow cannabis for significant debilitating conditions such as cancer and AIDS. In this setting, marijuana will be allowed to buy on a limited basis (around 70g every 2 weeks) to stop trafficking, and would be essentially limited to a moderate in-home usage amount.

Proposition 203's supporters claim that it'll provide a necessary avenue of respite for individuals who are afflicted by these kinds of diseases. Cannabis is a "no hangover" drug, in contrast to prescription pills, and it has many therapeutic uses according to some research. Moreover, the specific wording in Prop 203 would prevent the "California" effect and keep medical marijuana out of the hands of those that would simply use it for recreation.

The opponents to this measure claim that this really is merely a gateway bill. They assert it is a first step to legalizing yet another drug that we don't need in today's world today. The proposition allows for 120 dispensaries to be opened around the state, which some claim is unnecessary. Furthermore, they claim that there are already plenty of legal prescription drugs to help remedy discomfort and anxiety in patients with incapacitating diseases; this is nothing more than an attempt by marijuana users to steamroll acceptance through the legislature

Whatever your stance, Prop 203 is a very specific thing and nothing else. It provides for a small amount of medical marijuana to be regulated and released to really sick people. It does not allow for personal use by recreational pot smokers, and does not decriminalize possession by those not specifically allowed by the bill.

If you are arrested for marijuana possession, speak to a criminal attorney today. A criminal lawyer can look at your case and see whether a compromise can be met because of the circumstances. Many marijuana possession cases are really simple to resolve, if you come with an experienced litigator in your corner.

If you have been arrested for marijuana possession in the greater metro area, contact a Phoenix criminal attorney immediately. A Phoenix criminal lawyer will represent you in court and will be a serious mitigating factor in whether or not you serve prison time. Protect yourself; hire a lawyer. Stay safe!

Being charged with a DUI, driving under the influence (of drugs or alcohol) or a DWI, driving while intoxicated, is a very serious situation. The possibility exists that either charge could affect one's future. They can result in substation fines, loss of a driver's license, have implications for future employment, increase insurance premiums, and in some cases, can result in serving time in jail.

When charged with a DUI or DWI, it is important to find someone that will understand what steps must be taken to successfully navigate through the legal processes. A lawyer or attorney can be a great help in these situations. This lawyer will defend the person involved in the situation, and will make sure that his or her rights are protected throughout the whole process.

In the state of Minnesota, a blood alcohol of 0.08 or higher will allow you to be convicted of a DUI charge. Although this is when one can be convicted, it does not mean that driving is impaired prior to this point. Driving skills are affected from the first drink of alcohol. The ability to react, pay attention, maintain coordination, and make good choices are affected more and more with each drink.

Unfortunately, there is no specific number of drinks that can alert you when you are over 0.08. Wine, beer, mixed drinks, and hard liquor all have different percentages of alcohol. It is more important to keep track of the total amount of alcohol that is entering your system over a certain timeframe rather than just counting drinks. A few beers will have a different affect on a person than a few shots of hard liquor. This number is also not the same for everyone, however. Blood alcohol levels are also influenced by gender, age, weight, medications, the amount and type of food that has recently been eaten, and other factors.

If one does end up being pulled over for DUI or DWI by police, a series of tests may be administered, including a blood, breath, or urine test. If these tests are refused, it is considered a Gross Misdemeanor, which can lead to removal of your license for at least year.

When a DWI conviction does happen, there are a number of legal and financial consequences, which vary depending on how many offenses one has been charged with. For the first DWI offense, it is usually a Misdemeanor, which is punishable by a maximum fine of ,000 and/or ninety days in jail. A court may order you to attend an alcohol treatment program, and maybe revoke your license for at least 90 days. This is the case if the driver's blood alcohol reading is under 0.20%. If the reading is over 0.20%, or the person is convicted with a child in the car, it is considered a Gross Misdemeanor, which can lead to a maximum fine of ,000 and/or a year in jail. If a second offense is committed within ten years, it is also considered a Gross Misdemeanor.

When a third offense is committed within ten years of two prior offenses, one will either have a minimum of 90 days in jail, or an intensive probation program which will include at least six consecutive days in jail as well. Police will most likely take a person's car away at this point, and a lawyer will be needed to help deal with financial consequences of this seizure. After three offenses in Minnesota, the state will also be likely to cancel one's driver's license as this person is seen as a threat to public safety.

The fourth offense within ten years of three prior offenses will result in a Felony. This conviction will result in at least three years in prison and a fine of not less than ,000. A judge my decide to reduce this three year term, but there is still a mandatory sentence of at least 180 days in jail, 30 of which must be served consecutively.

Driving while under the influence of drugs or alcohol is a very serious situation. Not only is the driver's life in danger, but also the driver's passengers, and any other car or pedestrian that happens to be on the road during that time. The results of a DWI conviction can lead to fairly severe penalties. Ideally, one would not place him or her self in a situation where one can be convicted, meaning to not drive while under the influence. When one does happen to be pulled over and charged with this offense, however, a lawyer who will be able to protect one's rights and will be able to lead a person through the legal process can be an invaluable asset.

The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.