DUI
A DUI is often the first obvious sign that someone has a problem with alcohol or drugs. High-functioning alcoholics in particular can avoid detection by hiding their drinking and continuing to perform at school or work. Although a social drinker might get a DUI, generally once they do, they know better than to drink and drive again. The alcoholic drinker, however, tends to get repeated DUIs because once they begin drinking they cannot limit their drinks. More than one DUI should be a significant warning sign.
Posted under Young Adults
Parental Liability When a Child Gets in an Accident Driving Your Car
Obtaining a driver’s license is a major rite of passage for America’s youth. In most states, and with consent of a parent, teens between the ages of 16 and 18 are permitted to apply for a driver’s license. States typically require the teen driver to first undergo a training period with a “learner’s permit”; however regulations vary by state and are typically tied to exact age or evidence of having completed a driver’s education course.
Posted under Drunk Driving
Driving Under the Influence in Massachusetts
I’m from a small town in Massachusetts. When I was growing up, we heard very little about someone actually getting nabbed for a DUI. We heard even less about someone actually being admitted to a treatment center or alcohol rehab. Back in those days, especially in small towns, a police officer was more likely to follow you home or give you a lift than hassle you about your clearly illegal driving habits. Don’t get me wrong; there were plenty of alcohol education (DARE) and scared straight programs that were highly effective in keeping drunk teenagers from getting behind the wheel. But, at least in Massachusetts, you never heard DUI arrest stories that are anything even remotely like what you hear about today.
Posted under New Jersey
New Jersey DUI Offenders in for a Rude Awakening in 2010
New Jersey has historically been an early adopter of enhanced public safety regulations that eventually become commonplace throughout the nation. In addition to being one of the first states to require the use of seatbelts in passenger vehicles, New Jersey prohibited handheld cell phone use while driving, way back in 2003.
Posted under Drunk Driving
Dram Shop Laws and DUIs: Criminal & Civil Liability for Providing Alcohol
This summer I had the opportunity to spend time on Cape Cod in Massachusetts. If you’ve never been to the Cape, you are truly missing out. Home of the Kennedys, lobstah rolls and Christmas Tree Shops, the Cape attracts summer visitors of all ages and nationalities. Daytime activities include going to the beach and playing miniature golf. At night, however, social activities are pretty much limited to eating at a restaurant, hanging at a bar, or drinking at home.
Posted under Immigration Law
DUI and US Citizenship: Good Moral Character Standards
Although most immigration attorneys would agree that a single DUI, by itself, should not result in a finding of lack of good moral character in connection with a citizenship application, an examination of US immigration statues, regulations, and guidelines will not reveal any standard definition for good moral character. While Immigration & Nationality Act (INA) section 101(f) contains a list of factors that would preclude a finding of good moral character, it doesn’t mean that other negative attributes cannot torpedo a naturalization case.
Posted under Drunk Driving
Got a DUI? This Is Your Wake-Up Call
When the cops pull you over for suspicion of driving under the influence or DUI and you hear the words, “You’re under arrest,” it’s too late to have second thoughts about drinking and driving drunk. You’re in line for a cascade of events that will inevitably cost you time, money, loss of driving privileges, social embarrassment and possibly even a stint in jail. There’s no question this is a serious situation. For many individuals, however, a DUI arrest serves as a wake-up call. Continue Reading
Posted under Drunk Driving
DUI License Plates for Drunk Drivers: Will a Scarlet Letter Serve as a Deterrent?
Driving under the influence of drugs or alcohol continues to be a major problem in the United States. A recent study revealed approximately 159 million self-reported episodes of drug driving annually in the US. Perhaps this high number can be partially explained by the fact that alcohol reduces a person’s ability to tell whether they are sober enough to get behind the wheel. Another factor involves the game of chance; California has some pretty lenient DUI laws and, when combined with the relatively small chance of begin pulled over (less than 1%), the threat of a incurring a DUI is incredibly small.
The solution to the DUI problem is two-fold. First, chronic alcoholics need to enter addiction treatment centers for a lengthy stay, and insurance companies need to pay for it. Reduce the number of alcoholics with licenses, and you reduce the number of DUIs. Second, penalties for DUI need to be enhanced. Probation, community service, alcohol school, and scared-straight programs are not scary enough to stop people from driving drunk. States are slowly instituting novel ideas such as the ignition interlock device (IID), which prevents a car from starting if the driver blows over a 0.0 on the installed breathalyzer (some models even require the driver to continue testing during the trip to prevent them from gaming the system). In California, first time offenders in counties such as Los Angeles will need to purchase a device prior to reinstatement of the driver’s license. Statewide, anything other than a first offense will require an IID. These drunk driving laws are new for 2010 and long overdue.
Posted under Immigration Law
Immigration Consequences of Driving Under the Influence (DUI)
As an immigration attorney, I consult with potential clients by phone daily. When I first started out, I would often be unpleasantly surprised to find that a seemingly uncomplicated case became incredibly complicated once the client got around to disclosing his or her past misdeeds. Now I ask about criminal history, especially related to drugs and alcohol, right off the bat. I also encourage green card holders with no criminal record or immigration problems to naturalize as soon as possible so that future problems do not have negative immigration consequences.
Drunk driving laws are different in each country and, thus, aliens who come to the US and drive while under the influence may not realize that they are putting their ability to immigrate to the US in the future at risk. Conversely, US citizens often find themselves inadmissible to foreign countries based on their own criminal histories.
While simple DUI cases involving aliens rarely make the news, cases involving celebrity defendants often do. Scott Weiland, lead singer for the rock band Stone Temple Pilots, recently learned first-hand the effects that DUI can have on immigration in foreign countries. Arrested on November 21, 2007 by the California Highway Patrol for DUI, he was sentenced to 192 hours of jail time at the Van Nuys jail. Weiland did not appear at his arraignment, but rather entered a plea of “no contest” to misdemeanor DUI with a prior conviction through his attorney. He was just over the legal limit. In addition to fines and participation in an alcohol program, he was sentenced to four years of probation. His other band, Velvet Revolver, was forced to cancel scheduled appearances in Japan due to concerns of the effect Weiland’s multiple arrests to have on his ability to enter Japan.
Unless you are a citizen of the United States, driving under the influence here could get you deported, barred from re-entering the US for a period of time, or prevent you from becoming a green card holder or citizen. Inexperienced criminal defense attorneys make tragic errors when advising clients on DUI matters, often failing to take into consideration the ramifications a particular plea or conviction will have on the immigrant’s legal status in the US. Unfortunately, the criminal justice and immigration systems often do not intersect enough to make these dangers known to defendants who either defend themselves or have an inexperienced defense attorney.
Immigration status has little effect on the punishment received for a DUI, but for the possibility of enhanced penalties for driving without a license, proper registration, or proof of insurance. Typical DUI penalties include loss of driving privileges (if you had them in the first place), fines, mandatory attendance at alcohol classes, and possibly jail time. Recently, states began requiring installation of an ignition interlock device (IID) prior to reinstatement of a driver’s license. Some states will reduce or eliminate some of the penalties if you attend an alcohol treatment center. Penalties increase in intensity with subsequent DUIs.
Each state has its own drunk driving laws and, therefore, the affect a DUI conviction will have on your immigration status could depend on where you were when you were pulled over. And not all convictions will immediately result in negative immigration consequences. For instance, a DUI might not affect a green card holder unless he applied for citizenship.
Posted under Drunk Driving
Washoe County: Home to Too Many Repeated DUI Offenders
How many times is too many when it comes to driving under the influence of alcohol? For Jordan Eldredge, his one time too many cost the life of a friend. Eldredge had been convicted of driving under the influence three times in three years. About a year before he killed his friend while driving drunk, he was convicted for a fourth time.
Posted under Drunk Driving
Prosecutors Fear Men Facing Multiple DUI Convictions Receive Too Lenient Sentencing
It appears that not all DUI convictions lead to a changed life. The Press Democrat recently reported that a Windsor man has been sentenced to one year in a county jail as the result of a DUI. This conviction could be viewed by some as too lenient as this conviction is the man’s fifth in 13 years. Prosecutors urged for a stiffer punishment.
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