State of alcoholic intoxication:

• alcohol level 0,2 ppm (concentration 0,1 mg alcohol per liter of exhaled air)
• punishing with a fine or imprisonment

The state of strong alcoholic intoxication:

• alcohol level 1,0 ppm (concentration 0,5 mg alcohol per liter of exhaled air)
• punishing with imprisonment

Permille

Permille (‰) means one-thousandth, or tenth of a percent. When it comes to alcohol, ppm is the concentration of alcohol in the blood. 1 part pure alcohol to 1000 parts blood.

PPM and consequences:

• 0,1 – 0,4 – changes in behavior and mental state. There is a tendency to overestimate one’s own abilities. The reaction time is deteriorating. The stopping distance increases by about a third.
• 0,4 – 1,0 – vision, coordination, and speech are significantly impairing.
• 1,0 – 2,0 – loss of balance, lack of coordination, double vision.
• 2,0 – 3,5 – deep sleep.
• > 3,5 – high risk of coma or death.

Alcoholic intoxication

• The state of alcoholic intoxication can be assessed as strong, also with an alcohol concentration below 1,0 ppm, in the presence of aggravating circumstances. Such a circumstance may be, for example, a repeated case of violation.
• Also, the law provides for punishment for those who give alcohol to people about whom they knew that they were going to get behind the wheel. Handing over your car to a drunk driver is also punished.
• If you did not even get behind the wheel but were caught under the influence of alcohol for other violations, then your driver’s license may be revoking.
• The ban on driving while intoxicated applies not only to cars but to all vehicles, including, for example, bicycles.
• There is no way you can speed up the elimination of alcohol from the body. It only takes time.
• The day after drinking alcohol, the effects of alcohol intoxication on the body can still be observing.
• Blood alcohol concentration is influenced by gender, weight, health status, type of drinks consumed, snacks, and rate of consumption.
• Two people who have drunk the same amount of alcohol may have different blood alcohol concentrations.
• The drunk driving ban applies everywhere, including on private roads and fenced-in private areas.

Drug and medication use

• Unlike alcohol, there is no acceptable level for drugs. Even the smallest concentration of drugs while driving will be considered a serious crime.
• If an emergency occurs due to medication, the same legal provisions apply as in the case of drugs.
• Even if a doctor has prescribed a drug for you, you are not allowing to drive if the drug affects you similar to alcohol or drug intoxication, affects your concentration, slows down your reaction speed, affects your vision, etc.
• There is no list of drugs that can be used to drive. It is always your decision and your responsibility to assess your own condition and decide to drive or refrain from driving.

Mobile phone use

Mobile phone use is about as dangerous as drunk driving. It doesn’t matter if you hold the phone in your hands or use the speakerphone for a conversation.

• The greatest danger is the fact that during a conversation you are distracting from the road.
• It is forbidding to use mobile phones, walkie-talkies, and similar devices if this distracts the driver from driving.
• Hands-free devices do not reduce the risk of using phones while driving.
• Sending SMS while driving is the most dangerous way to use a mobile phone while driving.

Statistics

• In Sweden, about 70 people a year die as a result of accidents caused by drunk drivers. This is about 25% of the total number of victims on the road.
• Every day from 15 to 20 thousand people allow themselves to drive drunk.
• Every year about 30 thousand people are convicting of drunk driving, of which about 10 thousand for the use of drugs or medication.
• About 50% of drivers death in solitary accidents were drinking.
• 30% of the dead pedestrians and cyclists were drinking.
• 90% of drunk drivers are men, mostly young and middle-aged.

According to statistics, young drivers are at the highest risk of death on the road.

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Faced with a problem that cannot be solved without qualified legal assistance? Then it’s time to choose an attorney. But how, in fact, to find and choose the right specialist, and what to look for in the first place? Let’s talk about it below!

If you have to solve a problem for the first time in your life with the help of a lawyer, then a number of questions probably arise in your head at once: which lawyer you need, how to choose one, what to pay attention to, how much to pay, what services should he provide? Of course, this is not the whole list of questions, but let’s look at these basic points that you must know before finding an attorney.

1. Don’t believe blatant promises

Did you meet the lawyer`s announcement in the style of “I’ll take on any case, with 100% guarantee of a positive result, or we’ll refund you money”? Close this ad and look no further.

A lawyer cannot handle cases in all areas of law. No, of course, there are professionals who specialize in several areas at once. For example, often a family lawyer can also be well versed in civil, criminal law, and others. But there are no universal specialists who know and can protect clients in absolutely all areas of USA legislation.

2. The main thing is the reputation

Have you already figured out which professional you need: a criminal lawyer, a family lawyer, a financial lawyer, or something? Now, you can move specifically to choosing who will represent your interests.

Firstly, ask about the reputation of the potential lawyer. What education does he have, how many cases did he win, how many years of experience behind him, did he win cases like yours? It also doesn’t hurt to look for reviews on the Internet, maybe even in the media or on TV. In this way, you will have a “file” on the experience of the chosen lawyer and make sure that his reputation was not tarnished.

3. Services and contract

The last stage of the inspection is the start of work. A professional lawyer will be sure to consult before starting work, develop a strategy that will help win the case. After that, of course, you can determine the list of legal services that will be provided to you during the case. This list must be agreed and recorded in the contract for the provision of legal and advisory services, which will be drawn up by your lawyer.

As you can see, the phrase like “DUI lawyer” in the search engine is not enough. You need to choose an attorney consciously, and before choosing to conduct some analysis. After all, often a lawyer can literally save you from problems or litigation. Therefore, it is important to make the right choice and remember that, although there are a huge number of offers today – there are not many real professionals, and the search should be treated responsibly.

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In Florida, a driver’s license can be suspended not only for violation of traffic rules but also for many other minor violations of the law.

Absenteeism; drawing graffiti in an unauthorized place; issuance of checks not supported by real money; smoking before the age when the state is allowed to use tobacco products; sexting is an incomplete list of violations due to which a driver’s license can be suspended in Florida.

One of the reasons is also the failure to pay a fine for violation of traffic rules, and sometimes these are quite large amounts: traveling to the red light will cost the state drivers $ 166, and speeding $ 300.

That is, if you do not pay a fine of $ 200 overtime, the driver receives a suspension of the driver’s license, and the fine increases to $ 500 if he was detained for driving with a suspended license. If you try to pay it by installments, then skipping at least one payment will again lead to the suspension of the driver’s license, and for their restoration, you will have to pay $ 65.

If the driver gets behind the wheel after the suspension of the license, and this is discovered, he faces another fine. Three cases of detention for driving with a suspended license are considered a criminal offense and are punishable by a prison term.

Currently, more than 700 people are serving jail terms in Florida prisons for driving with a suspended license.

The use of the practice of suspension of a license for minor violations that are not related to driving is only increasing over the years. In 2013, the state suspended 1.3 million licenses, in 2017 there were about 1.7 million.

Although the suspension of driver’s licenses, in addition to fines and other penalties, was supposed to prompt people to solve their problems with the law as quickly as possible, this had the opposite effect, since for many people work related to driving, and suspension of the license deprives them of the opportunity to work, and therefore pay a fine, for which she was suspended. If you use the car with a suspended license, then the fine may increase for driving without a license. Therefore, a kind of vicious circle comes out.

Some state legislators have tried several times to repeal these rules, but the Florida Parliament for some reason refuses to consider such proposals.

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Truancy; drawing graffiti in an unauthorized place; the issuance of checks not supported by real money; smoking until the age when the state is allowed to use tobacco products; sexting is an incomplete list of irregularities due to which a driving license may be suspended in Florida.

One of the reasons is also non-payment of a fine for violation of traffic rules, and sometimes these are quite large sums: the cost of a red light will cost state drivers $ 166, and speeding will cost $ 300.

That is, if a $ 200 fine is not paid over time, the driver receives a suspension of a driver’s license, and the penalty rises to $ 500 if he is detained for driving with a suspended license. If you try to pay it in installments, skipping at least one payment will again lead to the suspension of the driver’s license, and for their restoration you will have to pay $ 65.

If the driver gets behind the wheel after the license is suspended, and it will be detected, he will face another penalty. Three cases of detentions for driving with a suspended license are considered a criminal offense and are punished with a prison term.

Currently, more than 700 people are serving prison sentences in Florida prisons for driving with a suspended license.

The practice of suspending a license for minor non-driving violations has increased over the years. In 2013, the state suspended 1.3 million licenses, in 2017 there were about 1.7 million.

Although the suspension of driving licenses, in addition to fines and other penalties, should have prompted people to solve their problems with the law as quickly as possible, this had the opposite effect, since for many people work is related to driving, and suspension of a license makes it impossible for them to work, and therefore pay a fine. for which she was suspended. If you use a car with a suspended license, the penalty may increase for driving without a license. Therefore, there comes a kind of vicious circle.

Some state legislators have tried several times to repeal these rules, but for some reason the Florida Parliament refuses to consider such proposals.

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The traffic rules in different states have their own characteristics, but for a comfortable journey it is enough to know the general provisions and the presentation. Distances are measured by miles, speed, respectively, in miles per hour.

Road signs. They are text. For example, turning right is denoted as a sign with the text No Turn Right and so on. Some sound specific – a dead end, for example designated as Dead End, and a crosswalk as Ped Xing (stylized short for pedestrian crossing).

Roads. They are of excellent quality with many interchanges, alternatives and conventions. Counter-directions outside the cities are divorced.

Navigator is needed, otherwise it is very easy to drive a few hundred miles, given the distance. Even-numbered roads numbered east-west (west-east), odd-numbered north-south (south-north).

Congresses from highways are numbered and marked on the map, the principle of numbering is usually tied to the distance (blink). Next to the number of the convention, the nearest large city to which this road leads is often written.

Compliance with traffic rules and fines. Speeding, fines and minor violations. Speed limits are regulated by signs indicating the speed in miles, for example, Speed Limit 55 means that the limit is 55 miles per hour. Excess is generally allowed at 10 miles per hour, this is due to the accuracy of the measuring device of the police. Can stop and 5 miles per hour above the limit, especially in residential areas.

The exception to this rule is motion in a stream. If there is a limit of 55 miles, and the stream travels at a speed of 90 miles, no police will stop and you even have to drive at the same speed without interfering on the highway.

The general rule – focus on the flow of cars. If you do not know how to behave on a particular stretch of road, also do like other drivers.

In California, motorcyclists are allowed to ride between the lanes, which they use during traffic jams, so you need to be careful while rebuilding in traffic jams so as not to knock down motorcyclists who are cutting zigzags between slow-moving cars. In other states it is forbidden!

Special bands. There is a strip, which is designated Carpool, on it can go cars in which two or more people and electric vehicles. Carpool or HOV (High Occupancy Lane) is in many states. Such dedicated lanes are usually marked with a diamond on the road or the inscription HOV. In addition, at the entrance to this lane is a sign indicating the minimum number of people in the car, which gives the right to enter it. In most cases, this is 2 people, but there are 3, so you need to be careful. The penalty for violation starts at $ 371.

The yellow marking is always to the left of the driver in the direction of travel. If it is on the right, then you are driving on an opposite.

Stops on the highways. It is impossible to stop on the highways, except for short stops, the emergency signal can be turned on, you can not turn it on. We always stopped for a photo, no problems, the police can stop and ask if there are any problems.

It is not necessary to turn on the low beam, but it is easier to turn on – this way you are more noticeable on the road. In the vast majority of cars, it turns on automatically.

Seat belts – the front passengers must be fastened, the passenger himself, not the driver, will pay fines for the seat belt.

Wherever we went, in California, Nevada, Arizona, Utah, huge fines for throwing garbage. As when driving and at stops – up to 10,000 US dollars. Do not do this. However, this is a general rule in their own country as well. Fines for speeding start at $ 200, for example in California.
It is strictly impossible to cross two double center lines – the so-called barrier, under any circumstances. One double axial cross in some cases is possible. Again, focus on other road users.

Allowed to turn on the red signal of the traffic light, as well as here, except for those places where there is a sign No Turn On Red.

In New York, turning right at the red light is prohibited, except for the places that are indicated by a permit sign.

Police. If they want to stop you, they will join you in the back and be announced over the loudspeaker, often just turn on the flasher. If the violation is serious – include all flashers and all audio signals. Overtake will not.

You do not need to leave when you stop. Quietly wait for the cops and open the front window. For minor violations, they simply warn you.
For tourists, the police is a bit softer, but not worth it. Alcohol. Alcohol is tough. The permissible level of 0.08% – a bottle of beer 0.33. Many ignore this rule and drink much more, from the clubs and bars, everyone is leaving in cars, while he is heavily drunk. The police just will not stop and most Americans use it.

It is forbidden to keep alcohol in the car, only in the trunk and only closed. Passengers are forbidden to drink alcohol in the car, even beer. Fines are big.

“… the police often patrol unmarked and take pictures of the perpetrators.

California Resident Comment:

“… a sobriety test – there are mobile checkpoints in popular entertainment districts, stop everyone, without exception, who is moving toward the checkpoint, assess the state visually through an open window, ask a couple of questions, and only if there are signs of serious intoxication ask to go out of the car and pass the test. Such checkpoints are visible from afar and, as a rule, there are no problems driving them round (if you are not so drunk to be overlooked). If they are recognized to be sober, then the total amount of fines, compulsory education in the program to combat by drinking and driving school, raising insurance premiums and paying lawyers’ services can easily exceed $ 10,000. For a tourist it’s better not to drink! ”

Photo registration of violations – there are quite a few cameras everywhere, but they are not used as intensively as in Europe. In California, there are no cameras that automatically register speeding and send photos and fines by mail. In other states, the situation is different – in 13 states they are prohibited by law, in 12 they are allowed and used, in the rest they are not used, but there are no laws prohibiting their use and they may appear in the future. Most cameras are used to check in the red light – they are in 24 states. Parking. In big cities, especially in the center – a motorist’s nightmare, especially a beginner – carefully watch and read the signs. Everything is written there, although in some cases there may be up to 10 plates on the sign at a time. Different conditions of parking on weekdays and weekends, during working hours and in the evening.

Lots of free parking places, but not in popular places or downtown. Near the attractions there is always parking, almost always paid, but there are exceptions. Parking price – from 1 dollar per hour. Underground and multi-level covered parking are much more expensive. Even locals can search for a parking space for about an hour or more. But it is rather an exception to the rule. Expensive parking can be found almost always.

In some cities it is better to do without a car, for example, in San Francisco, and in such as Los Angeles without a car anywhere. Toll roads. They are, but they are very few and you can not use them.

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Speaking in a courtroom in the city center, Olivia Coolbhig cried while talking about the victims during the sentencing hearing.

Kulbhig pleaded not guilty to any of the charges of six second-degree murders that occurred in May, when a car jumped into the opposite lane on the 60th freeway at the Diamond Bar four years ago.

Witnesses said that the red Camaro Coolbhig picked up speed of 100 miles / hour (160 km / hour) before crashing into a red Ford Explorer, which then crashed into a third car.

Because of the bounce, several people flew out of the car, and only Olivia Coolbhig and Joel Cortes, the driver of the silver Ford Freestyle, survived the accident.

The remaining six died: 47-year-old Giorgio Mégia-Martinez, 42-year-old Leticia Ibarra, 20-year-old Jessica Jasmin Mejia, Esther Delgado, whose age is unknown, 24-year-old Maya Calbrit, 21-year-old Christine Melissa Young and 21-year-old Maya Culbhig – sister Olivia.

After the accident, the driver of the silver Ford Freestyle Joel Cortes said that at 4:30 in the morning he left home and headed west along the 60th freeway to work. After about 10 minutes, he saw Olivia’s red car fly in the air and tried to roll. Then there was a slam from the passenger side, and he felt the airbag squeeze him. After that, the car crashed into the central separator of the highway. He looked away and saw the bodies on the road, then he heard a cry: “Bodies are everywhere!”

In 2010, four years before the accident, Olivia was found guilty of drinking and driving in San Bernardino District, according to the state department of motor vehicles. She again got the right to drive a week before the 2014 accident.

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Punishment differs from state to state, but in all states the first or second arrest still considers a crime to be easy (misdemeanor) and is usually punished with a fine or imprisonment of up to 10 days, the third and subsequent ones are considered serious (felony) and can lead to imprisonment for several months or even years, often with the confiscation of a car and the subsequent ban on registration, as well as long-term deprivation of rights.

The list of punishments is quite diverse, it can be (in different combinations): a fine, compulsory attendance, deprivation of rights, a ban on driving with any alcohol content (both for a term and for life), compulsory installation of an alcock, imprisonment (can be replaced for house arrest or community service). The punishment increases markedly if there are minor children in the car, the concentration of alcohol is much higher than the norm, or there are victims.

Under the category of drunk get drivers in the blood which is the percentage of alcohol in the framework of the state permitted by law. In the case of the state of Illinois, this acceptable percentage of alcohol is indicated on the information board at the state border crossing.

The easiest way to find out how drunk you are and if you can get behind the wheel is to try to go on a straight line. If you can go through the line without hesitation and staggering, then most likely everything will be fine. If you have not passed this self-test, it is highly recommended to leave the car in the parking lot and call a taxi. The same method is often used by police to test for intoxication – they ask the driver to get out of the car and go through the line.

The second point: the police have no right to stop your car without having a clear reason. Therefore, when Americans go out of the pub in a fun way, they go quietly in the far right lane, not exceeding the speed and not attracting attention.

It should be understood that the punishment for driving drunk is very, very harsh. The softest thing they can do is grab the rights for the next few years, which in itself is very sad in the states. In the worst case, you may be jailed for several years. If you were driving a car in a drunken state and got into an accident in which a person was injured or, God forbid, died, then you will be tried for murder and put on prison for 10-20 years guaranteed.  Lawyers will not save you.

There is still an interesting law about the transport of alcohol – the transportation of an open bottle with alcohol in the cabin of a car is automatically equal to drunk driving, with all the ensuing consequences. In commercial vehicles, it is forbidden to transport alcohol in the car in the open or closed.

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What happens now?  You must request a hearing with the DMV’s office of driver safety within 10 days. (For Orange County DUI Arrests, that is the Office of Driver Safety in Orange, California).
Part of the request involves a stay on suspension – in other words, your temporary license will continue to be good beyond the

Part of the request involves a stay on suspension – in other words, your temporary license will continue to be good beyond the 30-day expiration date so that you can keep driving with a full license. You must also request the evidence to be used against you.

The DMV, on their end, will then schedule an in-person, or telephonic, hearing.  They will send you confirmation of the date of the hearing through the mail, along with your new temporary license, and a complete copy of all of the evidence that will be used against you at the hearing.  That usually includes the following documents, which are sent in a large envelope from the DMV hearing office:

• The DMV’s DS-367 form, which includes the probable cause statement
• The police report;
• Any traffic collision reports;
• The blood test results, or breath testing results; and
• Your complete driving record.

The hearing, in most cases, is scheduled about 45 days away, although it’s not unusual for DMV hearings to be continued, for some reasons.

What happens at the hearing?

If you were arrested for an Orange County DUI or arrested anywhere in California for a DUI, your hearing will be conducted by a DMV hearing officer.  That officer is not a judge and is not even a lawyer.  They preside over the entire hearing, making decisions on evidence, and making a final decision on the case.

The hearing officer has to find out if there is sufficient evidence as to the three issues with a hearing, which are as follows:

1. Did the officer have probable cause to pull over the driver or investigate?
2. Did the officer follow all of the procedures to place the driver under lawful arrest?
3. Is it proven that the driver was operating a motor vehicle, and also above a .08% alcohol level at the time of driving, not just at a later test?

(If you were on probation for DUI, or under 21, or is alleged to have refused a test, there are additional issues to prove each of those situations.

What Wins a DMV hearing:

Being aggressive about objections is helpful to kick out evidence that could otherwise be used against you.  The evidence code discourages hearsay or any documents that lack foundation, or that require specific expert opinions.  Officers will often put in the evidence of the report that is a legal conclusion, rather than proven.  Even mistakes like the wrong date, or omitting a signature, can win the entire hearing.

The evidence must also meet the state’s testing code, Title 17 of the administrative code.  That requires a test within three hours of driving, and for breath testing, that the two breath tests required being taken two minutes apart, and agree within a .02% of each other.

Most cases are won on the probable cause issue.  Some are won on the “proper arrest” issue.  However, if a case can’t be proven by way of driving or as to the alcohol level, or compliance with the alcohol testing requirements, then the evidence is not admissible to prove the DMV case, and you win your license back.

If you have questions for our Orange County DUI lawyers, please contact our firm.  We are happy to help you.

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In another surprising development that was much-awaited, Californian legislators on 5^th April convened to discuss allowing the use of an advanced screening technique that’d enable police officers to nab drivers and motorists driving under the influence of marijuana. Law enforcement officers are heavily banking on the proposal that’ll allow them to run oral swab investigations on errant drivers who’ve come a cropper on sobriety field exams once the same becomes a statute. Republican Senator Bob Huff who drafted the bill said that a portable electronic device would be used to conduct a DUI test that’ll confirm presence of amphetamines, methadone, cocaine, marijuana or any other stimulant or opiate in the blood by taking an oral swab.

The senator lamented on the fact that the electorate in California were either ignorant or indifferent to the hazards posed to sober drivers by motorists who smoked cannabis, cocaine, and meth. California Narcotics Officers Association and California Police Chiefs Association are fully endorsing the proposal that is yet to become a law. If a report issued by the National Highway Traffic Safety Association is to be believed, the total number of arrests and detentions for drugged driving has increased by 22% in the eight years from 2007 to 2014.

On the other hand, deaths of drivers in California resulting from drug abuse surged by over 40% in the period 2009-2013. A similar proposal approving the use of this novel DUI testing mechanism was checkmated last year by staunch promoters of medicated marijuana. The director of the National Organization for the Reform of Marijuana Laws, Dale Gieringer was strongly of the opinion that the effectiveness of the technique of oral swab investigation was yet to be proven substantially. The accurateness of the test was not thoroughly established in published reports of monitored, scientific trials.

The swab test using the handheld device could not ascertain a direct correlation between impaired driving and intake of marijuana. Highway patrol officers are eagerly expecting the legislators to ratify the bill which they feel will lead to increased DUI convictions once the swab testing device is used extensively. Mike Gatto, a Democratic legislator has also put his full weight behind the bill as he strongly feels that motorists driving vehicles under the impact of illegal drugs is a serious issue that is threatening the entire state. In 2015, the Legislature in California gave assent to a bill that’ll allow big business to commercially deal in marijuana as well as tax who trade in medical marijuana.

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The state of Florida in particular, in the past 3-5 years has been peddling state lawmakers, law enforcement officials, and influencing jurors with new jurisdiction-oriented laws and expectations to more heavily hold accountable individuals that drive under the influence of alcohol—a 0.08 (breathalyzer) blood alcohol intoxication level or more. The chemical intoxication of alcohol, as well as other recreational and illicit drugs is becoming more and more common while operating a motor vehicle in today’s modern world, and in turn must face more aggressive sanctions, penalties, and legal reprimand in order to promote more realistic possibilities of recidivism.

The state of Florida in particular, since 2008, approximately every 3 years has continued to demonstrate an ability to lower its drivers caught driving under the influence (DUI) by up to 10-15% each year alone. That is, as heavy penalties and a nearly permanent record (75 years for sealing or expungement eligibility) serve as deterrents to discourage individuals to drive while under the influence—DUI.

On the other hand, looking at the United States in general, it’s evident that the continued advancement of technology such as Ignition Interlock serves to be more and more effective at preventing intoxicated drivers from turning on or operating their vehicles, as well as capturing those that attempt to circumvent such legal-enforced technology and mandatory equipment in offenders vehicles—such as having picture-capturing technology in-built into devices now.

Statistics and Deaths.

The realities of DUI/DWI related vehicle accidents and deaths on not only an annual, but daily basis are quite concerning. In fact, according to the CDC, at least one person dies from a drunk-driving incident less than every hour–of any given 24-hour day.

While many states continue to struggle to find the most effective measures to promote recidivism of such a nature of offense, the state of Florida appears to have discovered and been most effective at such as it engages the problem from nearly every angle; including fines, administrative, repossession, public-record publishing, technology-demanding, lawyer based fees, bail, fines, jail-time, suspension of license, and more—often easily totaling $8,000-$10,000 or more.

While our country is arguably consistent of ‘one society’, or perhaps even “one culture”—an “American culture”–this is not to exclude the reality that plenty of people in the United States live many different ways, come from various different cultures, or simply have no desire to conform to our cultural norms, expectations, and laws—regardless of one’s country or state of origin.
It is probable and likely to infer that with state-wide cohesion of heavier DUI penalties, laws, and incarceration-related offenses that the total offense rates will decrease, while total enforcement rates and recidivism should continue to increase over time.

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