#you could potentially find yourself with up to 20 years in jail and a fine of 1m. like one million

[what-the-fuck-khr]

I’ve been hearing about the TikTok ban in America and man. wow. like genuinely wow

[squishyapologist]

// im going to start this off by saying that this post will be talking about police brutality, racism, and the death of daunte wright. now, im unfortunately a couple days late to this due to my own mental health issue at the moment and staying off most social media. apologies for that, but i have been educating myself on the current situation and feel educated enough to talk. i like to make sure im not spreading misinformation before i post things like this, because i know that can be almost as damaging as not saying anything at all. 

with all of that said, yet another black man has been murdered by police, and there are once again protests which are being met with police violence.

daunte wright was a 20 year old black man who was pulled over by police on april 11th, and was killed when officer kim potter (who has since resigned along with police chief tim gannon) drew her firearm and shot him once in the chest. 

the officer claimed she mistook her firearm for her taser, and that she hadn’t meant to shoot him, let alone fatally. 

lets talk about why this is a ridiculous defense, and also very likely a flat out lie. 

first of all, the officer in question has over 20 years of police experience, and was responsible for training other officers, and yet she managed to ‘mistake’ her firearm for her taser? if she managed to be an active officer for 26 years and still didn’t pick up on the differences between the weapons she carried, she shouldn’t have been allowed to carry them anyways. that is already negligence and incompetence on the part of the officer.

even if we look past the fact that a glock and a taser weigh and feel differently, there are still multiple differences that should have alerted the officer of her mistake.

her taser was kept on the opposite side of her gun, was bright neon yellow, and her glock has a safety which must be switched off before the discharging of the weapon. not to mention the differences in which a firearm and taser (which again, sat on the opposite side of her belt) are fired, pressure wise.

are we really expected to believe that a 26-year police veteran managed to draw her glock from the opposite side as her taser, switch off the safety, aim, and fire all while still thinking she was holding her taser? disrespectfully, that’s fucking ridiculous. again, if you can’t tell the differences between the weapons you are carrying, you should not be permitted to carry them at all. 

she also broke protocol multiple times during this incident. firing a taser at someone operating a vehicle is not allowed, nor is aiming your taser for someones chest when other, less lethal targets are visible.  

even IF we look past all of that and say that okay, maybe she did make that mistake, that is still manslaughter, and the officer should not only have been fired immediately, but also arrested. instead, she was placed on administrative leave. the fact that she was allowed to resign (the two sentence email in which she did so containing no remorse for the man she had murdered, and only detailing her enjoyment of her job.) peacefully is ridiculous, and once again shows that murder is fine as long as you’re carrying a badge. apparently she is due to be charged, but the fact that it will most likely be a manslaughter charge that she might not even be jailed for is ridiculous, and frankly sickening. 

now, the protests. 

once again, protests have been met with police violence, as well as the national guard being dispatched only a few days in. tear gas and pepper spray were used again protesters despite a restriction against the use of tear gas and chemical irritants being passed by the city council. a rule that was broken by police almost immediately, which honestly, does not surprise me at all. the police are using banned measures to disperse protests, arresting protestors, and a curfew has been put in place which you can now be arrested for violating. these are measures we have seen before in effort to stop protests from happening and suppress the voices of black people who are tired of seeing their community torn apart by cops who think they’re above the law. i will say it again. the police are continuing to use banned measures against protestors. they don’t care about what they’re not allowed to do, they just want to silence you. for those at these protests, be safe. make your voices heard and if you’re white, protect your bipoc friends and fellow protestors. you have privilege, use it. 

what hurts even more is how close this all occurred to the place where the pig who killed george floyd is standing trial. the amount of police violence against black people is genuinely sickening and i can’t imagine how scary and depressing the current state of america must be. if you’re a bipoc, please do take care of yourself during these times. i can’t imagine how damaging this must be to see constantly, and i only wish there was more i could do to help those effected by this violence. 

another thing i feel needs to be addressed is the fact that daunte wright was resisting arrest, and attempting to flee. this has been used by pro-cop people and the right to justify his death. i feel the need to remind people that fleeing, resisting, or otherwise panicking during a high stress situation should not be a death sentence. it is a natural human instinct to attempt to flee or fight when faced with any potentially dangerous situation, and expecting scared, unarmed citizens to remain calm while you allow trained professionals to use the ‘i panicked’ excuse again and again, murder after murder is pure hypocrisy. 

daunte had a warrant out for his arrest (not something the officers were aware of when they pulled him over) but that still does not justify the fact that he was murdered. cops are not judge, jury and executioner. resisting or trying to flee is not an excuse to kill someone. 

i don’t care what excuse the cop, or her boss wants to use. i refuse to believe that she wasn’t aware of which weapon she was holding, and i refuse to believe she holds any remorse for daunte or his family. i think she did what white cops love to do. she murdered a man. a black man who was just scared. the police system is, and always will be a racist system made to oppress people of colour. how many times does this have to happen before people realize that you can’t reform a system that’s rotten to its core. the police are not your friends, and the fact that they continue to break the law that they claim to uphold and get away with it should prove that. they are not on your side, and there is no such thing as a good cop. 

i will be reblogging any resources i can find, and if you would like to contribute please do. feel free to add to this, especially with advice for the protestors or anything i may have missed. however, i will not be engaging in debate or argument with anybody under this post, or on any other post. if you are pro-cop, part of the right, or think that the deaths of black people at the hands of police are acceptable in any way, don’t bother coming anywhere near this post, you will not get the attention or argument you want, you will simply be blocked. 

please direct me towards any petitions, resources, or places to donate so that i can spread them. i can sign petitions however i am unfortunately not in the financial place to donate. i will be spreading places to donate and i will be encouraging those who can do donate, but i do wish i could do more. 

stay safe, and remember, the police aren’t your friends, and there is no excuse for continued police brutality like this. 

take care of yourselves and make your voices heard.

[wild-rose-gardens]

Angel Come to Save Me

Fandom: The Avengers

Pairing: Platonic! Loki x Reader

Warnings: Mentions of stalking and like one minor swear word.

(YE/N) - Your ex's name

    "Here are the files you asked for," I said dropping the enormous file I held onto Tony Stark's desk. "Everything you asked from and more.”      Tony looked up from his most recent project, nanotech, and his jaw dropped. "You managed to find all of this within less than 15 minutes?" The file contained 20 years of research by other scientists who had strived to invent nanotech like Tony.      "Yes, I, uh, even highlighted paragraphs that I thought you would find important. Do you need anything else, boss?"  Tony flipped slowly through the contents of the file, looking for anything that could be potentially groundbreaking.        "No, not at the moment. But, why don't you take a break, kiddo. You've been working non-stop for 3 weeks."         "Thanks, but no thanks, boss. I got a lot of work to finish up." I turned to head back to my domain of hiding, or as others would say, my bedroom. I hadn't even exited the room before Tony proceeded to express his fatherly worry. "Don't overwork yourself, kid."           Tony had always acted much like a father to me, and I was grateful for that considering that I had never had one before. The concern sparked in his eyes guilt tripped me into telling him what he wanted to here. “I won't, I promise."            A small smile spread on my lips as I internally pleaded that he couldn't see past my lie.  As much as I wanted to stop working and breathe for a moment, I couldn't. My most recent ex-boyfriend had escaped prison and I had been doing everything in my power to keep him away from New York. I didn't care if half of what I was doing was illegal.             I don't even know why I fell for him. I guess the dark curls and dazzling eyes are hard to get past. It wasn't until 5 months into our relationship that I decided to look into him. That was when I found out that he was a con artist and had been stalking me for almost a year. I reported him immediately and landed his butt in jail. I hadn't shed a tear since that incident.             I hadn't told anyone what had happened, not even the Avengers. But I had to keep it that way. If any of the team found out, my days would be done. Not only would Tony kill me but every guy that I had ever dated would be either dead or in prison. As a tech specialist keeping this little secret was a lot easier, the only hard part was making it stay that way.

            I sunk down into my huge desk chair placed my head in my hands. Tracking a guy who was a con man was easier said than done. Making sure he stayed away from the tower meant many sleepless nights and thousands of cups of coffee. But everything was about to get significantly harder.            Once I looked up at my computer screen, I could tell something was off. Opening my access code I gasped. Someone had re-written my code.            As a professional hacker, I had developed my own special access code that almost always got through any system thrown at me. It was the source of my pride and I stupidly used it to find (YE/N). I had used it on security cameras, GPS', anything useful to finding him I had probably used it on. And he knew that code better than anyone.             "No, no, no, no no, no," I whispered frantically watching my computer slowly shut down. He had successfully taken over my computer. "Damnit!" I slammed my fists onto the desk in front of me. What was I going to do now? He could be anywhere and I wouldn't know. What if he managed to find out where I was?             I felt a hot tear roll down my cheek. What was I going to do? better yet, what could I do without the Avengers finding out? They would instantly know something was up if I borrowed some of their equipment. I couldn't hide behind a screen anymore, I was completely vulnerable. I had never felt this way before and I most certainly didn't like it.          What felt like hours passed as I sat in the middle of my room letting my haunting thoughts get the better of me. Until someone knocked on my door. Quickly wiping my tears away I rose to whoever was at my door. Taking a shallow breath, I opened the door. 

          Behind my door stood my best friend, Loki.As soon as I opened the door Loki waltzed right into my room and plopped down onto my bed. Shutting the door I said, "Well hello to you too."

            "I'm sorry about my abruptness, daring, but you haven't emerged into the world in few days. I was starting to think you were avoiding me." His eyes had a hint of mischief in them almost cheering me up but I was still shaken.           "No, you're not the one that I'm avoiding," I said not realizing that I had just given away my biggest secret. 

            Loki raised an eyebrow, "You're avoiding someone, now?" I looked away, not daring to see face the questions that were too come.            Loki stood up from his place on my bed and gracefully strode over to my side. "Have you been crying, darling?"            I nodded. What was I going to say? No? I could lie to Tony but not to Loki. He was the god of lies for crying out loud, he would see right through me.                            "My ex-boyfriend has escaped jail and I'm pretty sure he's headed here."As soon as those words left my lips, Loki and pulled me into his side and I felt more tears starting to pour from my eyes again. He started to whisper little things to calm me down into my ear. Once my tear stopped coming, I pulled away from Loki apologizing. 

         "(Y/N), don't be sorry. If coming to Earth with Thor taught me anything, it taught me that it's okay to take down your walls and ask for help."

       "Thank you so much, Loki. What would I ever do without you?"

       Chuckling he replied, "I don't know what you would do without me either." Loki paused and I instantly know what was about to come. "But, why didn't you tell me, (Y/N)?"           I sighed a heavy sigh. How on Earth was I going to explain this story to Loki? "I was embarrassed. I mean you have to kind of understand why I didn't say anything about my boyfriend being a total creep. That just proves I have terrible taste in men.                          "I know I should've told you that he escaped jail, but, to be honest, no one here knows about him. I thought that if I landed him in jail under Stark's radar everything would be fine. And besides, I wasn't ready to tell anyone that I even had a boyfriend, especially after he got locked away."         Loki rubbed my back gently, "You don't have to continue if it's too hard."               "No, no. You deserve to know. Anyways, once I learned that he broke out that gave me even more reason not to tell anyone. I had it completely under control until that weasel wormed his way onto my computer breaking off any connections I had to find him." 

          Neither of us said anything for a long time. I could feel a weight lifted off of my shoulders. Finally, someone knew and could possibly help me. "What did you say this man's name was?" Loki blurted out. I looked up at him. "I didn't say what his name was." "What is it then." "Loki, what are you planning." "Nothing, darling, I'm just simply curious about this names name." I practically spat his name out, "(YE/N)" "Interesting.."

            I didn't see Loki again until late that night. I was sitting at my desk trying everything to get my computer to work when he marched proudly into my room.   "What's got you so happy?" I questioned. 

          A smirk played on his lips, "Nothing that you should worry about. Oh, your computer should be up and running again soon. And you should be excepting a call any minute."       I was confused. What was he saying? More importantly, what did he do? My thoughts were cut short when my phone rang.        Reaching into my pocket I pulled out my iPhone. My jaw must've dropped pretty far because Loki started to laugh. "It's the New York City police," I stated in disbelief. "The last time they called was because of-" My head snapped up towards Loki.           "Who knew that there was only one (YE/N) in all of New York?"

[donnerpartyofone]

my pal x

for somewhere around a year now (i have trouble with chronology but that’s probably fair), i’ve had this buddy, who recently disappeared. my acquaintance with him began when i started to visit this convenient bar between the end of my work day, and the beginning of the thursday night radio show i co-host with one of my oldest friends. if i don’t get some time all by myself between these two social events, then i’m libel to lose my mind, so i appreciated the presence of this watering hole in the crumbling industrial campus where the radio station is located. i was worried, at first, when one of the bartenders started to make friends with me, just out of regular exposure, since socializing was the opposite of my reason for being there. once i got to know him, though, i was pretty glad for the company.

X was a terrific bartender who, even though he seemed to have been sober for years, could confidently walk me through the bar’s extensive beer program. besides that, he was a smart, funny guy with a lot of deep cultural cuts to share. i discovered that he had a lot in common with many of my most esteemed friends–he knew both high- and low-brow film, had an extensive awareness of rare independent and experimental music, and brandished an intimate knowledge of the scummier side of many major american cities as they existed in the 70s and 80s. we traded legitimate oddities, like recordings of punk and hardcore classics made by groups of little kids under different weird, hilarious circumstances. i still keep plenty of crusty, beer-drenched handwritten notes from him listing obscure bands i needed to check out, even though some are barely legible. i did my best to keep up with him, to give something back; i don’t have a genuinely deep knowledge of much of anything, but i keep a few cool secrets here and there.

as one might guess from some of the above, X was an old junkie. by “old” i really mean something more like “experienced” or “careworn” or something. he was in his 40s, which is not far off from my age, but he’d been through a lot more than i can imagine. we became closer when he asked me if i would read a passage from a book he was trying to write. he didn’t expect that i’d give him extremely detailed copyediting notes, and unwieldy chunks of my personal reactions to his grimy autobiography. although he was initially nervous about exposing the worst parts of his history to his new friend, he seemed pretty thrilled to get so much work and attention out of me, and i was happy to do it. i didn’t really know how to say that i didn’t think this hubert selby jr style of reportage was in style anymore–contemporary readers who are interested in this kind of underground prose are not necessarily interested in straight white male racial commentary and opinions on sex workers and trans people and such. it isn’t that his writing was so aggressively bigoted, but it was heavily colloquial and of its moment and first-person, and i don’t know if many people are interested in that specific perspective anymore. however, his writing was also engagingly florid, grim, funny, and marked by a very interesting ability to shift suddenly between differing timelines and even hallucinations. i was totally pleased to participate. i only worried that it was too stylized, that it was more focused on attention-getting than on, i don’t know, telling the truth. a lot of my direction was aimed at bringing him back to exactly how something felt or looked or smelled at the time–what literally happened–as opposed to how he thought he should sell it to the public. but, the truth, as he told me frankly was, “i’m sick of being broke.” he had a friend who had had a modicum of success selling his own self-published junkie memoir, and was hoping to supplement his rent-paying ability in the same way. personally, i just thought he should keep writing, because he could.

when i met X he was doing basically-ok, but i had a sense that i had encountered him at the midpoint of a downward spiral. shortly before we met, he had broken up with the love of his life. you got that sense from the way he spoke, in spite of whatever conversational restraint, that he knew what he was talking about, that he had really peaked with her. she was a musician in the latest arrangement fronted by a certain famous and influential lady punk, and he still seemed to admire his ex very much. while he was trying to recover from his loss, he was also constantly on the hunt for decent living quarters. he moved from a punk squat in brooklyn to a sublet situation, under some couple. one day i came in to hear that the couple had blown town. X was sitting at home relaxing, when the u.s. marshals burst in to seize the place; the couple had been just taking X’s rent for themselves, for months, and then vanished, leaving my friend basically holding the bag. suddenly he was homeless, penniless, and without a single form of ID. he was couch surfing in new jersey for a few weeks when he managed to bribe his old landlord with his last $50 to be allowed in for just a minute to get his things. he came out with two large garbage bags that he believed contained his belongings, only to discover that the bags ALSO contained a lot of straight up garbage, meaning he had to find a way to do laundry right away. he had also lost all his personal documentation. getting an ID is so incredibly difficult and anxious-making even if you already have all the qualifying papers, i had an impossible time finding an appropriate reaction to what he was telling me. in america, if you are an adult with no ID, you might as well kill yourself. but of course, you don’t say that kind of thing.

X is a survivor, though, clearly, so i had hopes. as i said, he’d been through a lot by the time i met him. one night i was trying to sell him on the astounding experimental prison drama GHOSTS…OF THE CIVIL DEAD, when he asked me if i liked prison movies. Sure, i said, Not categorically, but I like a good one. after a beat, he replied, “man, i HATE JAIL! jail fucking SUCKS! i been to rikers, i been to sing sing, i been to attica…it all SUCKS, MAN!” on the ellipse, he listed a variety of other famous prisons in other states where he’d lived. it would be putting it too strongly to say i was surprised, given his rough and tumble early years, but i was sort of impressed in some way. unfortunately it was only recently, now, that i started watching a lot of documentary material on penal facilities. at the time i ignorantly laughed to myself, “well of course prison sucks, what a hilarious thing to say…” but the reality is that jail, prison, wherever they stick you, sucks a lot more than is obvious from pure theory. besides the basic and well known problems with the very institution, there’s also the smell, the unrelenting noise, the uncompensated labor, the unique pressures of prison society, all sorts of things that a non-con can barely guess at. i wish i still had the opportunity to ask X if he wanted to talk about it some more.

all that said, it was probably too much for me to hope that X would land on his feet. i mean i still hope that, but i feel a little foolish. one night, one of the last times i saw him, i left him an envelope with a hundred bucks in it. he was naturally delighted, but also extremely embarrassed. the next time i saw him, i told him that i was sure he would have said “no” if i asked if he would accept help, and he confirmed that yeah, it was a good thing that i just forced it on him without asking. over the next few months i had my own shit going on–sickness, family death, mandatory travel, whatever–and didn’t get to see him as often as our usual weekly meet up. when i saw him again, something even worse had happened to him that, typically, wasn’t even his fault: he was out of work for a month due to the sudden emergence of a cyst in his leg that got so bad, so quickly, that he had to buy new pants to accommodate it. apparently, it was the result of a car accident he’d suffered in his 20s. at the time, they told him that he could get a plate in his leg, but he would walk with a permanent limp, and he would certainly never run again. as a young, very broke dude, he refused that extra step, and healed just fine on his own. all the while, the potentiality of this cyst was lurking, and suddenly he found himself unable to stand on his own or even wear normal clothes. it was so close to a major artery that they were unable to lance it. luckily, i thought, he reported that it was healing pretty quickly on its own; he had a good relationship with his boss, and he expected to be back to work in a month.

the last time i ever saw him was about a month after he was supposed to have returned to work. he looked sick, flu-ish, and seemed to have a hard time finding something to say. we’d been talking about The Stranger Beside Me, Ann Rule’s classic true crime novel-cum-memoir about knowing Ted Bundy before and during his career as a serial murderer. as an erstwhile criminal, X had a personal interest in other criminals, especially those who were famous for their personalities. for naive, sheltered people like myself, it’s easy to think about guys like jesse james or whoever, people who represent an archetypal struggle between law and chaos, and whose main battle has to do with money, something anyone can relate to. it isn’t as automatic for general people to relate to the charles mansons and varg vikerneses and henry lee lucases and ed geins of the world. what we law-abiding citizens miss is not really connected to the validity of the philosophies of these criminals, or even the right to life of their victims; the potential appeal of such outlaws is in their loneliness, their permanent and foregone misunderstoodness, and their petulant abuse of a society that barely even supports the people who abide by its rules. joe coleman, the “outsider artist” whose portraits of infamous crooks and perverts have made him famous, has equated his subjects with frankenstein’s monster, and while i have no interest in forgiving misogynistic narcissists like ted bundy, it is still possible for me to understand what coleman must mean. some people, by virtue of their very chemistry, are irrevocably exiled from “normal” society, and then what are they supposed to do? what are WE supposed to do? anyway, the last time i saw X, we met at the bar, and i gave him my copy of The Stranger Beside Me the moment i finished the last page.

at the time, i knew that X had been unable to pay his phone bill, so i didn’t attempt to call or text him. now, it seems that he no longer has access to email, either.

the last time we spoke, X sheepishly admitted that a minister he knew was allowing him to borrow the guy’s private quarters–a bed, a stovetop, a shower–on a temporary basis. i still had hopes. i also had a lot of guilt. i imagined that i should be able to save him. the apartment i keep with my fiance is hilariously small; the door to our bedroom, a room that just barely fits our bed and really doesn’t fit our collective clothing, doesn’t close all the way and makes a loud noise when you open it, and the bathroom door barely closes, and our couch might not even accommodate someone of X’s height. we don’t even have much of a floor to speak of. still, i thought about letting him stay in our hallway, or on our roof, and wondered how long it might be before someone called the cops or our landlord used it as an excuse to kick us out. i also wondered how long it would take for the three of us to be at each other’s throats in this tiny space, if i managed to work this out. i still wonder what i should have done, if i already missed a legitimate opportunity to save this guy’s life.

i never know what to do with people who are in dire need. i see a homeless guy on the subway, and i start thinking, WHAT IS KEEPING ME FROM TAKING THIS GUY HOME TO HAVE SOMEWHERE TO STAY? like what, am i gonna lose my dvd player? couldn’t i live with that? what the fuck is my problem? i finally set up a reoccurring donation to nyc’s coalition for the homeless, but even then i’m constantly asking myself what’s stopping me from doing more. and i mean, i know what’s stopping me from doing more; needing insurance for preexisting conditions, maintaining the private domesticity i’ve committed to with my husband-to-be, fear of being raped, fear of losing my apartment, etc. almost nothing really seems like a good reason, to the fullest extent of my angry imagination. i can’t help imagining that my friend is dead, and there might have been something i could have done about it. it might be a little bit of an overreaction at the moment, but it’s not completely irrational. i don’t know what to think.

[mcintyrefrancis]

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Car Insurance Lawsuits… All of the attorneys at the DUI legal defense will help ensure that you do not get in trouble by fighting against your insurance provider.  The insurance providers will need to make sure there are no problems with your coverage. You will have the insurance policy for the vehicle, or a combination of the two. If you are arrested and charged with DUI in Florida, you have a few options to work around. The best way is to take the following steps to work out an insurance agreement with your Florida DUI law firm.  In this section, we will go over these steps. The policy is your first step to protect yourself and anyone involved in an accident. The best way to make this an actual change regarding the insurance benefits is to have your DUI attorney write the insurance policy, and get the right insurance coverage and rates. The best way to get the most out of your state DUI law is to go through our FREE comparison tool or call DUI Insurance at to start comparing DUI insurance quotes quick.

What Happens If You Get Caught Driving Without Insurance?

What Happens If You Get Caught Driving Without Insurance? The average annual fee of nearly $1,000 is $3,400 for minimum coverage car insurance. Even if you don’t pay that $1,000, the insurance company will likely write and it may take your for you to find a cheap rate. Caught driving is considered a and may raise you by 30% to 65%. If you don’t take your car insurance, you’d be responsible for paying for damages to yourself, your passengers and your vehicle. If you have a ticket for caught driving without insurance, the state can revoke your license for up to a year, and you could potentially file a lawsuit for damages. If the police catch you speeding or fail to yield, you can expect the cost of your damages. There are also , such as what you pay your premiums for on your phone and how much you pay, before the state or the insurance company decides you’re at fault. The average auto liability claim for bodily injury.

Cheap Arkansas auto insurance is found with USAA, but State Farm also has below-average rates for non-military drivers. AArkansas auto insurance rates average $77/month, well below the national average. rkansas auto insurance law requires you to carry at least 25/50/25 in liability coverage. The best way to get cheap Arkansas car insurance is to shop around.

Cheap Arkansas auto insurance is found with USAA, but State Farm also has below-average rates for non-military drivers. AArkansas auto insurance rates average $77/month, well below the national average. rkansas auto insurance law requires you to carry at least 25/50/25 in liability coverage. The best way to get cheap Arkansas car insurance is to shop around. Some companies provide lower rates than others, so don t hesitate to get a from at least three companies. You could save hundreds on your Arkansas auto insurance. Ensure you re getting the best rate for your auto insurance. Compare quotes from the top insurance companies. According to our research, USAA generally offers the cheapest auto insurance rates in Arkansas. With a discount of 17%, offer the cheapest car insurance rates. From what I’ve seen, USAA also offers affordable rates in other parts of the state. So, it’s no surprise that USAA rates as low as $12 per month, while State Farm has the lowest rates. Finding cheap auto insurance often comes with a few unique considerations. While many factors contribute to the overall cost of insurance in Arkansas, there are many factors that influence where you can lower your rates and start your journey down that spectrum. For instance, reducing your state’s auto insurance minimum coverage requirement can reduce your risk of being involved in.

Can I Sue for More than the Defendant’s Insurance Policy Limits in Arkansas?

Can I Sue for More than the Defendant’s Insurance Policy Limits in Arkansas? After the initial review of the judgment, you may be able to recover some of the amount by asking the court to cancel the trial period for your personal interest in your case. It may be helpful to of a specific insurance policy: The following are examples of insurance policy limits on an actual damages caused by accident claims made against drivers in Oklahoma: If your car was damaged by the accident, we will repair all or most of the damage before the full cost of an automobile accident can be covered under your policy in Oklahoma. If your damage was caused by an uninsured driver, you will be responsible for the medical costs for these drivers – as well as the other driver’s car and their passengers. This insurance is specifically an exception to the rule, so if you have been involved in an accident with an uninsured driver, you will not have to get a refund – even if it does raise premiums. If your car was damaged in a bad accident,.

1 in 7 American Drivers Do Not Have Insurance

1 in 7 American Drivers Do Not Have Insurance (-6.1/100, or 9.1 in 2009) are more likely to be involved in a car accident with another driver involved with less than $100,000 coverage; When you think of insurance, you probably think about the things that would happen should you or someone you hit someone else. However, there are a couple of things you can do to ensure that you are protected if you get into an accident. To put this in perspective, if you have a $1,000 policy and you cause an accident, your insurance company would only pay out about $1,000. However, once they put that money toward your expenses, they would be able to cover the remaining $1,000 of damage to the car. These expenses are called expenses that you would be responsible for (e.g., medical bills or funeral expenses) and you are responsible for paying. If you have a $1,000 car insurance policy and you.

Filing for Car Accident Injuries Without Insurance

Filing for Car Accident Injuries Without Insurance Filing for non-accident injuries is available with the Arizona Department of Motor Vehicles. Auto drivers have to obtain an SR/I (SR-22) to prove financial responsibility when they have an accident. This isn’t a requirement for vehicle registration in Arizona, but drivers have the option to obtain it in other states. Arizona law requires that drivers keep their insurance information current � for the next three years. SR-22 requirements vary by state. The requires that the driver maintains a permanent copy of their car’s registration and plates when they are not in any accident situation. Advertisement Arizona SR-22 insurance documents are required to be filed by drivers who have been convicted of driving without insurance. These drivers include: drivers who have had their license suspended or revoked for driving with suspended plates or insurance information. Drivers with serious driving or fatality records. Parents or legal guardians of a young driver in Arizona. Pers.

FREE Auto Insurance Comparison

FREE Auto Insurance Comparison Compare Quotes From Top Companies and Save  Secured with SHA-256 Encryption This means you can drive legally if you don’t get a ticket and you can pay a minimum of $1300 for your car insurance. The higher the parking limit, the higher the price for your insurance. Driving without auto liability insurance is also against the law, so it’s always best to have auto liability insurance coverage for the minimum insurance you can afford. In Florida, you must have uninsured and underinsured motorist coverage, along with comprehensive coverage where required. Other uninsured motorist coverage options include: Uninsured/underinsured motorist coverage: You can save as much as $750 per year by having this extra coverage, known as a surcharge, on your policy, as long as you keep paying your premiums. You can get this coverage from your car insurance company, but it doesn’t cost you a penny more to get it for yourself..

Conclusion: Carry Proof of Insurance With You At All Times

Conclusion: Carry Proof of Insurance With You At All Times Page 5 Of the rates, the difference between the three rates plus a discount Page 6 If you have any questions about how you use your car insurance, call your state’s DMV for assistance Page 7 If you’re looking for the most affordable auto insurance rates available, here are the cheapest companies and the most popular ways to get the best rates: We use insurance rates to price auto policies for our customers. That way, our customers get cheap rates with great features designed for each customer. We don’t charge your insurance for features you don’t like, but we’ll let you know what they are so that you can choose a car insurance plan for you. You’re probably thinking you don’t need auto insurance. But it’s important to be aware of your limitations. If your car is stolen or damaged in an accident, or if you’re in a car wreck and.

Best Arkansas Auto Insurance Companies

Best Arkansas Auto Insurance Companies are the best in the industry. We reviewed a full list of options for Arkansas auto insurance, comparing coverages and rates. We also looked at other easy ways to save on your policy, such as bundling other policies like home insurance, flood insurance, life insurance, and renters insurance, or even taking a defensive driving course. You’re required to carry full and minimum car insurance in Arkansas. If you have a car loan/lease agreement with another insurer, your lender will require you have the minimum auto insurance at the time you register the vehicle. If you have your car registered in Arkansas for a period of time and you do not plan on driving it often enough, we recommend you get to avoid registration issues. If you get your insurance after having a driving record with at least a 3-month suspension of your driving privileges, you will be fined $500 to $1,500. Driving without insurance in Arkansas can lead to serious fines, both for your car’s non.

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How Much Does a DUI Cost?

I’m often asked by clients, “How much does a DUI cost so I can pay up and get this over with?” Unfortunately, this is not how it works at all. Getting a conviction for a DUI in Michigan is like carrying around heavy luggage when you travel, it goes with you wherever you go.

There is no chance you can get an DUI/OWI expunged from your record. Anytime an employer does a background check they will see you have this conviction on your criminal record. Your spouse will know you have a criminal record. Your driving history and criminal record will follow you from state to state. You will not be able to avoid this fact by going out of state to get a driver’s license.

A conviction for a DUI in Michigan will increase your automobile insurance rates.  Here is a list of costs you will be hammered with upon a conviction for an OWI.

Car tow costs of around $300

Car storage fee that can cost around 30 to 100 dollars a day.

The cost of bond to stay out of jail is around $500 to $5,000.

Alcohol Counseling $500 to $10,000

Insurance rate increase of at least 20% a year and if you have a bad enough past history even a total loss of insurance.

The potential loss of your job

The potential loss of your professional license

Fines and court costs at around $750 to $5,000.

As you can see, the costs for being convicted for a DUI can be extremely expensive. However, there are still more costs that you maybe hit with. If you are ordered to put an interlock device on your car, and your conviction is a first or second offense, you are looking at an installation cost of $100 to $200 dollars. You then must pay a rental fee from $75 to $100.  Additional costs include making sure the device is calibrated correct and maintenance fees. These are monthly expenses. There is also a slight chance you could be ordered to put an interlock device on your car for a first offense.

If you get your license suspended by the Secretary of State, you will have to pay a restitution fee if you want to get your license back. The costs for this are around $580 for a person who is a first-time offender. If you have multiple drunk driving convictions, you will be required to pay over a $1,000 to get your driver’s license back.

When it comes to your insurance, you will likely face the prospect of being in the high-risk category that will require you to have an additional cost of $1,500 per year. In some cases, you can be required to carry high-risk insurance for longer periods of time then three years.

Since being charged and convicted of a DUI requires a person to go to court numerous times, attending alcohol education classes and complete many hours of community service and possible jail time, losing your job could be a distinct possibility.  If you have to look for new work, many employees run a background check before hiring a person. A lot of companies may not be willing to hire someone who has a drunk driving conviction on their record.

Lawyer Fees

Retainer fees to hire a good lawyer to defend you against your drunk driving charge will not be cheap. Lawyers who do not have a lot of experience or who are not very good at what they do will charge around $1,000 dollars to start a DUI case. Experienced attorneys who are good at what they do will charge much higher rates. The rates for experienced drunk driving attorneys should still be reasonable.

I’ve heard some OWI lawyers charging as much as $10,000 a case.

That is a rip off!

In fact, I think if someone is charging you $5,000 for a first offense OWI is ripping you off! The average cost of a DUI lawyer will be $3,000 for a first offense DUI.  If you are facing a second offense DUI charge, the average cost of a DUI lawyer will increase to $4,500. If you’re facing a felony, third offense drunk driving charge in Michigan you can the average cost to skyrocket to charge $5,000 or more.

I know you can find a lawyer to charge you less than the rates I quoted you above, but be warned you might get what you pay for and going cheap when so much is at stake is rarely worth it! In the long run, the cost of a good DUI lawyer will actually be less than poor representation.

The Cost of a Second or Third DUI in Michigan

The penalties for these offenses get more severe as the amount of convictions go up.  A second conviction within seven years increases the possible jail time a person faces from 93 days to one year in jail for a second offense. If you get a third offense, you are facing up to five years in prison! You license will be revoked for a year on second offense.

If you get a third offense for OWI in Michigan, your license will be revoked for five years! It will probably be much longer than five years before you get your license back after this felony conviction. The Secretary of State will likely make you wait longer. You can apply to get your license back after five years but that rarely happens.

Representing Yourself?

Only a fool represents himself on a dui charge. I strongly encourage you to retain counsel if you are facing a dui charge. An attorney who practices dui law in Michigan has the right training needed for you to successfully defend yourself in court.

If you go into court without a skilled DUI attorney by your side, it is very likely that mistakes will be made in court that will ruin your chance to get the best results possible. Mistakes will be made when talking to the judge, mistakes will be made when talking to the prosecutor and mistakes will be made when it comes to examining possible witnesses at trial.  

People who represent themselves in court risk great harm to their case by not challenging evidence not properly presented.  A criminal lawyer that specializes in fighting DUI charges in Michigan will be able to make sure you don’t make the mistakes listed above. They have unique experience in this complex area of law that is always changing.  

This experience gives them the skills and ability to know what the best defenses are and how to use them.  An experienced OWI defense lawyer is always well known in West Michigan courts. This will be beneficial in getting a lesser plea deal than a dui. It will also lower the costs and fines a person will be hit with at sentencing.

The Emotional Cost of OWI Convictions

Anyone who is employed as a driving and has a CDL license will lose their ability to maintain a CDL license forever. This means loss of employment. Other licenses that could be lost included other professional licenses such as the ability to fly an airplane or practice medicine.

Emotional consequences can be suffered from spending time in jail. Having to take rehabilitation classes can put a severe strain on family and home life. If you are unemployed due to a DUI conviction, you will suffer the stress of wondering how you will pay your monthly bills.  You may not be able to focus on other important things in your life such as school. You will be stressed out trying to figure out how to get rides to family events and other social events. Having to ask others for rides all the time will negatively impact your relationship with other people.

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Whoa Now: Driver’s Guide to Florida Speed Limits

Speeding is one of the most common causes of car accidents. In 2017 alone, speeding killed almost 10,000 people, which accounted for over 1/4 of all car fatalities for that year.

If you’re speeding but you don’t get into an accident, you could still rack up a hefty fine. The average speeding ticket costs around $150. But the higher the difference between how fast you’re going and the speed limit, the more expensive your ticket will be.

All drivers make mistakes. Plus, driving speed limits can change quickly, depending on where you’re driving. That’s why it’s so important to pay attention to the signs.

If you want to stay safe while driving in Florida, read this driver’s guide about Florida driving speed limits.

Don’t Drive Too Fast or Too Slow

In Florida, it’s not just speeding that could warrant a ticket, but driving too slow as well. 

Florida code says that no driver is allowed to drive so slow that it impedes or blocks the reasonable and regular movement of traffic.

The law also says that no driver is permitted to drive their vehicle at speed higher than what is prudent and reasonable under the conditions. Drivers must also take into account any actual and potential hazards.

It’s uncommon for a police officer to pull someone over who’s going 5 miles or less over the speed limit. There are variations in tire size, speedometer calibration, and margins of error in speed-detecting technology. 

Technically, any amount over the speed limit can be considered a speed violation. However, because of the variables mentioned above, officers typically won’t pull someone over who’s only speeding by 5 miles or less.

What Are Florida Speed Limits?

The speed limit in Florida varies from road to road.

On most various rural interstate highways, freeways, some rural limited-access toll roads, and some urban highways, Florida speed limits are 70 mph.

On most urban tollways and freeways, and rural 4-lane highways, the speed limit is 65 mph.

The speed limit is 60 mph on 2-lane sections of United States highways, some freeways and tollways, and most rural state highways.

In other areas, including most country roads, the speed limit is 55 mph.

Most residential and business districts have a speed limit of 30 mph.

When it comes to school zones during specific times indicated on signs, and during flashing yellow lights, the speed limit is 10 to 20 mph.

It should be noted that speed limits change, roads change, and circumstances change, which is why it’s crucial always to take note of signs and indicators around you.

Plus, even though any given road has a speed limit, there might be certain times in which that limit changes. For example, on the Tamiami Trail or in the Big Cypress National Preserve, there are reduced nighttime restrictions because of endangered species in the area.

Another thing to remember is that the speed limit refers to driving under good conditions. So if the speed limit is 70, but extreme weather calls for slower driving, you could still get a ticket for driving around the speed limit if you’re putting yourself and others at risk.

Can a Driver Contest a Ticket?

There are a few reasons for which a driver may choose to contest a speeding ticket.

A driver may oppose the determination of speed if they know how their speed was determined and then learn how to disprove its accuracy. 

Plus, if a driver can claim that an emergency situation caused them to break the speed limit and that doing so prevented damage or injury to themselves or others, they may also attempt to contest a ticket.

Sometimes drivers borrow other drivers’ vehicles. If a police officer clocks a car speeding but has to find them again in traffic to pull them over, it can be argued that they made a mistake and pulled the wrong car over.

What Is the Penalty for Speeding?

How much you’re fined for speeding, depends. Typically, you can expect to receive a ticket for anywhere from $25 to $250, if it’s your first ticket. However, if you were driving more than 19 mph over, you’ll earn a heftier fine.

And if you speed in a school or construction zone, your ticket will be much higher.

Depending on how fast you were driving, your license could be suspended for up to 30 days.

Take a look at what your ticket will look like in the event of a speeding charge.

What Is the Penalty for Reckless Driving?

In the state of Florida, there is no set speed you have to pass in order to be hit with a reckless driving charge. It all depends on the circumstances of your violation.

A reckless driver is mainly defined as anyone who drives a vehicle in wanton or willful disregard for the safety of property or persons.

First-time violators might get fined anywhere from $25 to $500. They may also be sentenced to up to 90 days of jail time and have their license suspended for up to 30 days.

Specific fine amounts vary by county. Drivers can often reduce their fine by attending traffic school.

Know Your Driving Speed Limits

When you are familiar with driving speed limits and do your best to follow those limits, you’ll inevitably make the road a safer place.

Speeding kills thousands of people on the road every year. If you aren’t sure what the speed limit is, air on the side of caution. Be proactive and look for signs and indicators to make sure that you stay at or under the speed limit.

And remember that even if you drive on the same road every single day, the rules for that road could change because of construction, for example.

If you were recently ticketed for speeding but you feel it was unwarranted, contact us for a consultation so that you can be one step closer to peace of mind.

The post Whoa Now: Driver’s Guide to Florida Speed Limits appeared first on Florida Ticket Firm.

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How Often Do First Time DUI Offenders Go To Jail?

DUI is considered a serious offense and carries penalties for 1st offense DUI Utah cases. Because of the potential for causing injuries and fatalities to other motorists, pedestrians, and cyclists, DUI is an offense that can be classified as either a misdemeanor or a felony depending on the circumstances surrounding the offense and the number of convictions an offender has within a certain time period. Knowing the definition of DUI, how DUI is determined, and how it is prosecuted can help drivers avoid the penalties associated with a 1st or subsequent offense. We’ve previously written about a DUI Lawyer Salt Lake City here.

DUI Defined

DUI is an acronym that stands for driving under the influence. Motorists may be driving under the influence of alcohol, drugs, or both substances. There are two parts to a 1st offense DUI Utah case. One takes into account the level of impairment of the defendant. This level can be determined when law enforcement officers are talking to the individual or when field sobriety tests are performed. Officers will often make notes about slurred speech, bloodshot eyes, the odor of the driver, and how the driver is acting. Sobriety tests are performed to determine if a driver is impaired. When these tests are administered, officers look for stumbling, falling, tripping, and other signs that a driver may have been drinking. The other component of a 1st offense DUI Utah case is blood alcohol level. This level is determined with chemical testing of a suspect’s blood, urine, or breath. In Utah, the legal limit for blood alcohol level is 0.08%. If this limit is met or exceeded, a driver is considered to be under the influence, even if they do not show any physical signs of impairment.

1st Offense DUI Utah Prosecution

How a DUI case is prosecuted depends on a number of factors. The age of the person being charged, their blood alcohol level at the time of arrest, any injuries or property damage caused by the defendant, and any prior convictions are considered. DUI is often a misdemeanor charge, but it can be charged as a felony if the defendant has had a number of prior convictions or if serious injuries have been caused. The prosecutor in the case will rely on chemical testing results and statements from law enforcement officers to try to convict those charged with driving under the influence.

1st Offense DUI Utah Administrative Penalties

If convicted of driving under the influence, two sets of penalties are imposed. The first penalty is administrative in nature and is imposed by the Department of Motor Vehicles. For a 1st offense DUI Utah case, the penalty is a four-month license suspension period. If the convicted driver refused chemical testing, the penalty is a one-year license suspension, even if they are not convicted in a criminal trial at a later date. The administrative penalties increase with each subsequent driving under the influence offense.

1st Offense DUI Utah Criminal Penalties

There are a number of criminal penalties that can be imposed for a 1st DUI offense in the state of Utah. The courts consider a number of factors when imposing these penalties on offenders. If the convicted offender’s blood alcohol level was extremely high, or if injuries or property damage occurred, the sentence may be harsher. Jail time of 96 hours to 6 months can be imposed, along with fines up to $1,000 and a six-month license suspension. Offenders are also expected to attend alcohol education classes.

1st Offense DUI Utah Ignition Interlock Device Penalty

Some offenders are required to have an ignition interlock device install in every vehicle they own. An ignition interlock device is a device that is installed in a vehicle and tests a breath sample of an offender each time they attempt to start the engine. If the offender has any alcohol in his or her breath, the vehicle will fail to start and they will be unable to drive. These devices have both proponents and critics. Those who support ignition interlock devices think they cut down on driving under the influence. Critics of the devices believe they do not work because offenders could easily ask a friend or relative to breathe into the device if they have been drinking. The device would read that breath sample and allow the vehicle to be started even if the offender had been drinking. This can allow repeat offenders to get away with driving under the influence even though ignition interlock devices are supposed to prevent it from happening.

If you have been arrested for drunk driving, chances are you too are asking yourself if you really need a DUI Lawyer or not. The answer will depend highly on your situation. If this happens to be your first offense ever, and there are no other offenses, then you might be able to get by without a lawyer. However, if you are a repeat offender you will definitely need the help of a DUI Lawyer as the law is stricter on those who fall in this category. Before deciding if you need a lawyer or not, make sure you get to know the DUI laws of your state. Find out how much fines or jail time you will need to do if you fail your own case. This will help you to reach the right decision.

If you have chosen to get a lawyer, you have made a good choice. The lawyer would have more back ground and experience than you and will be better able to help you get a lower jail time or fine. If you feel that you might not afford a lawyer, try discussing the payment plans with them first. Law firms often have payment plans such as credit payment plans, discounts and flexible payment plans to help you engage their services.

There are a few things you should consider when finding and choosing your lawyer:

· Find a lawyer that specializes in DUI cases as they will be better versed with the court system and prosecutors so they can negotiate a better deal for you.

· Make an appointment for a consultation with the lawyer. This should be done free of charge as this is merely a consultation, you are not hiring them yet. You should be able to decide if you want to work with them by the end of the discussion and they would have explained to you what to expect when you have to stand trial.

· Find out how much everything will cost you. Find also if there are any added fees that you would have to pay that is not included in the representation fees. Also ask about circumstances that would increase the cost even more and if they are willing to offer you a payment plan.

· Meet up with at least 2 or 3 lawyers so you would have at least 2 or 3 price quotes. Choose the one you think is best for you. Besides, meeting more lawyers will provide you with more information to make the right decision.

· Read up on the laws concerning DUI so that you are up to date on the current news on fines and jail times. Make sure you know what you are getting yourself into.

As with any criminal charge, a person charged with driving while intoxicated (DWI) or driving under the influence (DUI) is presumed innocent until proven guilty. If guilt is established (often through the defendant’s own plea or after a jury trial), the penalty will depend on state law, as well as on any aggravating circumstances (such as the presence of an open bottle of liquor in the car) and the defendant’s cooperation with the police.

Jail Time

In all states, first-offense DUI or DWI is classified as a misdemeanor, and punishable by up to six months in jail. That jail time may be increased under certain circumstances. For example, some states mandate more severe punishments for DUI or DUI offenders whose blood alcohol concentration (BAC) at the time of arrest was particularly high—for example, .15% or .20%, very high considering the legal limit of .08%. Currently Utah has a .05% limit.

Many states also require minimum jail sentences of at least several days on a first offense. Subsequent offenses often result in jail sentences of several months to a year.

For a DUI or DWI that’s been classified as a felony—either because the driver killed or injured someone or because it’s the driver’s third or fourth DUI—jail sentences of several years are not uncommon. Again, this depends on state law, the facts of the case, and the discretion of the judge at trial.

Fines

In addition to jail sentences, courts can and do impose high fines for DUI or DWI. These range from $500 to as much as $2,000.

Driver’s License Problems

A DUI or DWI offender stands a good chance of having his or her license suspended for a substantial period of time (either by court order or mandate of the state motor vehicles department). For example, many states suspend a first offender’s license for 90 days; a second offender’s license for one year; and a third offender’s license for three years. Refusal to take a blood, breath, or urine test can result in a license suspension regardless of the finding of guilt, in addition to other penalties in many states.

However, sometimes it’s possible to obtain a “hardship license” to drive to and from places like work and school during a suspension.

Some states take further steps to make sure the person (particularly a repeat offender) doesn’t get back on the road. The state may confiscate the car or cancel its registration, either temporarily or permanently. Or the state may require an ignition interlock device (IID) to be attached to the DUI or DWI offender’s car. This device requires the driver to blow into a small handheld alcohol sensor unit attached to the dashboard. If the person’s BAC is above a preset level (usually .02% to .04%), the car won’t start.

Alternative Forms of Punishment

A number of states’ court sentences may include alternative sentencing, such as alcohol teaching and prevention programs, treatment for alcohol abuse, assessment of a person for possible alcohol or drug dependency or addiction, and community service or victim restitution. The judge may recommend these steps instead of jail time or paying fines, most likely for a first offender. Or the judge may combine them with other penalties. In Texas, for example, minors convicted of a DUI must perform community service, in addition to any other penalties.

Young Offenders

A minor who is arrested for driving while under the influence of alcohol or drugs won’t get any breaks from punishment — in fact, being young is likely to make matters worse. The legal drinking age is 21 in most states, so drinking before that age is a separate crime. In addition, some states penalize underage drivers based on lower BAC levels than the standard .08% for adults, typically .02%. The state may impose adult sentences on minors, and underage DUI offenders are likely to have their licenses suspended for one year.

Other Consequences

In addition to legal penalties, the driver’s insurance company may cancel the insurance policy or drastically increase the rates because of the hit to the person’s driving record. And a drunk driving charge stays on a person’s driving record for many years. Plus, if the driver’s license is suspended, the insurance company is likely to cancel the insurance policy. Certain jobs may be closed to those who’ve been convicted of DUI or DWI, such as driving a school bus, delivery van, or any other vehicle as part of their employment.

Finally, the driver may face a separate civil lawsuit if accident victims decide to sue for property damages or bodily injuries.

Criminal DUI Defense Attorney Free Consultation

When you need legal help and protection from a DUI criminal charge in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

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How Often Do First Time DUI Offenders Go To Jail?

DUI is considered a serious offense and carries penalties for 1st offense DUI Utah cases. Because of the potential for causing injuries and fatalities to other motorists, pedestrians, and cyclists, DUI is an offense that can be classified as either a misdemeanor or a felony depending on the circumstances surrounding the offense and the number of convictions an offender has within a certain time period. Knowing the definition of DUI, how DUI is determined, and how it is prosecuted can help drivers avoid the penalties associated with a 1st or subsequent offense. We’ve previously written about a DUI Lawyer Salt Lake City here.

DUI Defined

DUI is an acronym that stands for driving under the influence. Motorists may be driving under the influence of alcohol, drugs, or both substances. There are two parts to a 1st offense DUI Utah case. One takes into account the level of impairment of the defendant. This level can be determined when law enforcement officers are talking to the individual or when field sobriety tests are performed. Officers will often make notes about slurred speech, bloodshot eyes, the odor of the driver, and how the driver is acting. Sobriety tests are performed to determine if a driver is impaired. When these tests are administered, officers look for stumbling, falling, tripping, and other signs that a driver may have been drinking. The other component of a 1st offense DUI Utah case is blood alcohol level. This level is determined with chemical testing of a suspect’s blood, urine, or breath. In Utah, the legal limit for blood alcohol level is 0.08%. If this limit is met or exceeded, a driver is considered to be under the influence, even if they do not show any physical signs of impairment.

1st Offense DUI Utah Prosecution

How a DUI case is prosecuted depends on a number of factors. The age of the person being charged, their blood alcohol level at the time of arrest, any injuries or property damage caused by the defendant, and any prior convictions are considered. DUI is often a misdemeanor charge, but it can be charged as a felony if the defendant has had a number of prior convictions or if serious injuries have been caused. The prosecutor in the case will rely on chemical testing results and statements from law enforcement officers to try to convict those charged with driving under the influence.

1st Offense DUI Utah Administrative Penalties

If convicted of driving under the influence, two sets of penalties are imposed. The first penalty is administrative in nature and is imposed by the Department of Motor Vehicles. For a 1st offense DUI Utah case, the penalty is a four-month license suspension period. If the convicted driver refused chemical testing, the penalty is a one-year license suspension, even if they are not convicted in a criminal trial at a later date. The administrative penalties increase with each subsequent driving under the influence offense.

1st Offense DUI Utah Criminal Penalties

There are a number of criminal penalties that can be imposed for a 1st DUI offense in the state of Utah. The courts consider a number of factors when imposing these penalties on offenders. If the convicted offender’s blood alcohol level was extremely high, or if injuries or property damage occurred, the sentence may be harsher. Jail time of 96 hours to 6 months can be imposed, along with fines up to $1,000 and a six-month license suspension. Offenders are also expected to attend alcohol education classes.

1st Offense DUI Utah Ignition Interlock Device Penalty

Some offenders are required to have an ignition interlock device install in every vehicle they own. An ignition interlock device is a device that is installed in a vehicle and tests a breath sample of an offender each time they attempt to start the engine. If the offender has any alcohol in his or her breath, the vehicle will fail to start and they will be unable to drive. These devices have both proponents and critics. Those who support ignition interlock devices think they cut down on driving under the influence. Critics of the devices believe they do not work because offenders could easily ask a friend or relative to breathe into the device if they have been drinking. The device would read that breath sample and allow the vehicle to be started even if the offender had been drinking. This can allow repeat offenders to get away with driving under the influence even though ignition interlock devices are supposed to prevent it from happening.

If you have been arrested for drunk driving, chances are you too are asking yourself if you really need a DUI Lawyer or not. The answer will depend highly on your situation. If this happens to be your first offense ever, and there are no other offenses, then you might be able to get by without a lawyer. However, if you are a repeat offender you will definitely need the help of a DUI Lawyer as the law is stricter on those who fall in this category. Before deciding if you need a lawyer or not, make sure you get to know the DUI laws of your state. Find out how much fines or jail time you will need to do if you fail your own case. This will help you to reach the right decision.

If you have chosen to get a lawyer, you have made a good choice. The lawyer would have more back ground and experience than you and will be better able to help you get a lower jail time or fine. If you feel that you might not afford a lawyer, try discussing the payment plans with them first. Law firms often have payment plans such as credit payment plans, discounts and flexible payment plans to help you engage their services.

There are a few things you should consider when finding and choosing your lawyer:

· Find a lawyer that specializes in DUI cases as they will be better versed with the court system and prosecutors so they can negotiate a better deal for you.

· Make an appointment for a consultation with the lawyer. This should be done free of charge as this is merely a consultation, you are not hiring them yet. You should be able to decide if you want to work with them by the end of the discussion and they would have explained to you what to expect when you have to stand trial.

· Find out how much everything will cost you. Find also if there are any added fees that you would have to pay that is not included in the representation fees. Also ask about circumstances that would increase the cost even more and if they are willing to offer you a payment plan.

· Meet up with at least 2 or 3 lawyers so you would have at least 2 or 3 price quotes. Choose the one you think is best for you. Besides, meeting more lawyers will provide you with more information to make the right decision.

· Read up on the laws concerning DUI so that you are up to date on the current news on fines and jail times. Make sure you know what you are getting yourself into.

As with any criminal charge, a person charged with driving while intoxicated (DWI) or driving under the influence (DUI) is presumed innocent until proven guilty. If guilt is established (often through the defendant’s own plea or after a jury trial), the penalty will depend on state law, as well as on any aggravating circumstances (such as the presence of an open bottle of liquor in the car) and the defendant’s cooperation with the police.

Jail Time

In all states, first-offense DUI or DWI is classified as a misdemeanor, and punishable by up to six months in jail. That jail time may be increased under certain circumstances. For example, some states mandate more severe punishments for DUI or DUI offenders whose blood alcohol concentration (BAC) at the time of arrest was particularly high—for example, .15% or .20%, very high considering the legal limit of .08%. Currently Utah has a .05% limit.

Many states also require minimum jail sentences of at least several days on a first offense. Subsequent offenses often result in jail sentences of several months to a year.

For a DUI or DWI that’s been classified as a felony—either because the driver killed or injured someone or because it’s the driver’s third or fourth DUI—jail sentences of several years are not uncommon. Again, this depends on state law, the facts of the case, and the discretion of the judge at trial.

Fines

In addition to jail sentences, courts can and do impose high fines for DUI or DWI. These range from $500 to as much as $2,000.

Driver’s License Problems

A DUI or DWI offender stands a good chance of having his or her license suspended for a substantial period of time (either by court order or mandate of the state motor vehicles department). For example, many states suspend a first offender’s license for 90 days; a second offender’s license for one year; and a third offender’s license for three years. Refusal to take a blood, breath, or urine test can result in a license suspension regardless of the finding of guilt, in addition to other penalties in many states.

However, sometimes it’s possible to obtain a “hardship license” to drive to and from places like work and school during a suspension.

Some states take further steps to make sure the person (particularly a repeat offender) doesn’t get back on the road. The state may confiscate the car or cancel its registration, either temporarily or permanently. Or the state may require an ignition interlock device (IID) to be attached to the DUI or DWI offender’s car. This device requires the driver to blow into a small handheld alcohol sensor unit attached to the dashboard. If the person’s BAC is above a preset level (usually .02% to .04%), the car won’t start.

Alternative Forms of Punishment

A number of states’ court sentences may include alternative sentencing, such as alcohol teaching and prevention programs, treatment for alcohol abuse, assessment of a person for possible alcohol or drug dependency or addiction, and community service or victim restitution. The judge may recommend these steps instead of jail time or paying fines, most likely for a first offender. Or the judge may combine them with other penalties. In Texas, for example, minors convicted of a DUI must perform community service, in addition to any other penalties.

Young Offenders

A minor who is arrested for driving while under the influence of alcohol or drugs won’t get any breaks from punishment — in fact, being young is likely to make matters worse. The legal drinking age is 21 in most states, so drinking before that age is a separate crime. In addition, some states penalize underage drivers based on lower BAC levels than the standard .08% for adults, typically .02%. The state may impose adult sentences on minors, and underage DUI offenders are likely to have their licenses suspended for one year.

Other Consequences

In addition to legal penalties, the driver’s insurance company may cancel the insurance policy or drastically increase the rates because of the hit to the person’s driving record. And a drunk driving charge stays on a person’s driving record for many years. Plus, if the driver’s license is suspended, the insurance company is likely to cancel the insurance policy. Certain jobs may be closed to those who’ve been convicted of DUI or DWI, such as driving a school bus, delivery van, or any other vehicle as part of their employment.

Finally, the driver may face a separate civil lawsuit if accident victims decide to sue for property damages or bodily injuries.

Criminal DUI Defense Attorney Free Consultation

When you need legal help and protection from a DUI criminal charge in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

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from https://www.ascentlawfirm.com/how-often-do-first-time-dui-offenders-go-to-jail/

from Criminal Defense Lawyer West Jordan Utah - Blog http://criminaldefenselawyerwestjordanutah.weebly.com/blog/how-often-do-first-time-dui-offenders-go-to-jail

[aretia]

How Often Do First Time DUI Offenders Go To Jail?

DUI is considered a serious offense and carries penalties for 1st offense DUI Utah cases. Because of the potential for causing injuries and fatalities to other motorists, pedestrians, and cyclists, DUI is an offense that can be classified as either a misdemeanor or a felony depending on the circumstances surrounding the offense and the number of convictions an offender has within a certain time period. Knowing the definition of DUI, how DUI is determined, and how it is prosecuted can help drivers avoid the penalties associated with a 1st or subsequent offense. We’ve previously written about a DUI Lawyer Salt Lake City here.

DUI Defined

DUI is an acronym that stands for driving under the influence. Motorists may be driving under the influence of alcohol, drugs, or both substances. There are two parts to a 1st offense DUI Utah case. One takes into account the level of impairment of the defendant. This level can be determined when law enforcement officers are talking to the individual or when field sobriety tests are performed. Officers will often make notes about slurred speech, bloodshot eyes, the odor of the driver, and how the driver is acting. Sobriety tests are performed to determine if a driver is impaired. When these tests are administered, officers look for stumbling, falling, tripping, and other signs that a driver may have been drinking. The other component of a 1st offense DUI Utah case is blood alcohol level. This level is determined with chemical testing of a suspect’s blood, urine, or breath. In Utah, the legal limit for blood alcohol level is 0.08%. If this limit is met or exceeded, a driver is considered to be under the influence, even if they do not show any physical signs of impairment.

1st Offense DUI Utah Prosecution

How a DUI case is prosecuted depends on a number of factors. The age of the person being charged, their blood alcohol level at the time of arrest, any injuries or property damage caused by the defendant, and any prior convictions are considered. DUI is often a misdemeanor charge, but it can be charged as a felony if the defendant has had a number of prior convictions or if serious injuries have been caused. The prosecutor in the case will rely on chemical testing results and statements from law enforcement officers to try to convict those charged with driving under the influence.

1st Offense DUI Utah Administrative Penalties

If convicted of driving under the influence, two sets of penalties are imposed. The first penalty is administrative in nature and is imposed by the Department of Motor Vehicles. For a 1st offense DUI Utah case, the penalty is a four-month license suspension period. If the convicted driver refused chemical testing, the penalty is a one-year license suspension, even if they are not convicted in a criminal trial at a later date. The administrative penalties increase with each subsequent driving under the influence offense.

1st Offense DUI Utah Criminal Penalties

There are a number of criminal penalties that can be imposed for a 1st DUI offense in the state of Utah. The courts consider a number of factors when imposing these penalties on offenders. If the convicted offender’s blood alcohol level was extremely high, or if injuries or property damage occurred, the sentence may be harsher. Jail time of 96 hours to 6 months can be imposed, along with fines up to $1,000 and a six-month license suspension. Offenders are also expected to attend alcohol education classes.

1st Offense DUI Utah Ignition Interlock Device Penalty

Some offenders are required to have an ignition interlock device install in every vehicle they own. An ignition interlock device is a device that is installed in a vehicle and tests a breath sample of an offender each time they attempt to start the engine. If the offender has any alcohol in his or her breath, the vehicle will fail to start and they will be unable to drive. These devices have both proponents and critics. Those who support ignition interlock devices think they cut down on driving under the influence. Critics of the devices believe they do not work because offenders could easily ask a friend or relative to breathe into the device if they have been drinking. The device would read that breath sample and allow the vehicle to be started even if the offender had been drinking. This can allow repeat offenders to get away with driving under the influence even though ignition interlock devices are supposed to prevent it from happening.

If you have been arrested for drunk driving, chances are you too are asking yourself if you really need a DUI Lawyer or not. The answer will depend highly on your situation. If this happens to be your first offense ever, and there are no other offenses, then you might be able to get by without a lawyer. However, if you are a repeat offender you will definitely need the help of a DUI Lawyer as the law is stricter on those who fall in this category. Before deciding if you need a lawyer or not, make sure you get to know the DUI laws of your state. Find out how much fines or jail time you will need to do if you fail your own case. This will help you to reach the right decision.

If you have chosen to get a lawyer, you have made a good choice. The lawyer would have more back ground and experience than you and will be better able to help you get a lower jail time or fine. If you feel that you might not afford a lawyer, try discussing the payment plans with them first. Law firms often have payment plans such as credit payment plans, discounts and flexible payment plans to help you engage their services.

There are a few things you should consider when finding and choosing your lawyer:

· Find a lawyer that specializes in DUI cases as they will be better versed with the court system and prosecutors so they can negotiate a better deal for you.

· Make an appointment for a consultation with the lawyer. This should be done free of charge as this is merely a consultation, you are not hiring them yet. You should be able to decide if you want to work with them by the end of the discussion and they would have explained to you what to expect when you have to stand trial.

· Find out how much everything will cost you. Find also if there are any added fees that you would have to pay that is not included in the representation fees. Also ask about circumstances that would increase the cost even more and if they are willing to offer you a payment plan.

· Meet up with at least 2 or 3 lawyers so you would have at least 2 or 3 price quotes. Choose the one you think is best for you. Besides, meeting more lawyers will provide you with more information to make the right decision.

· Read up on the laws concerning DUI so that you are up to date on the current news on fines and jail times. Make sure you know what you are getting yourself into.

As with any criminal charge, a person charged with driving while intoxicated (DWI) or driving under the influence (DUI) is presumed innocent until proven guilty. If guilt is established (often through the defendant’s own plea or after a jury trial), the penalty will depend on state law, as well as on any aggravating circumstances (such as the presence of an open bottle of liquor in the car) and the defendant’s cooperation with the police.

Jail Time

In all states, first-offense DUI or DWI is classified as a misdemeanor, and punishable by up to six months in jail. That jail time may be increased under certain circumstances. For example, some states mandate more severe punishments for DUI or DUI offenders whose blood alcohol concentration (BAC) at the time of arrest was particularly high—for example, .15% or .20%, very high considering the legal limit of .08%. Currently Utah has a .05% limit.

Many states also require minimum jail sentences of at least several days on a first offense. Subsequent offenses often result in jail sentences of several months to a year.

For a DUI or DWI that’s been classified as a felony—either because the driver killed or injured someone or because it’s the driver’s third or fourth DUI—jail sentences of several years are not uncommon. Again, this depends on state law, the facts of the case, and the discretion of the judge at trial.

Fines

In addition to jail sentences, courts can and do impose high fines for DUI or DWI. These range from $500 to as much as $2,000.

Driver’s License Problems

A DUI or DWI offender stands a good chance of having his or her license suspended for a substantial period of time (either by court order or mandate of the state motor vehicles department). For example, many states suspend a first offender’s license for 90 days; a second offender’s license for one year; and a third offender’s license for three years. Refusal to take a blood, breath, or urine test can result in a license suspension regardless of the finding of guilt, in addition to other penalties in many states.

However, sometimes it’s possible to obtain a “hardship license” to drive to and from places like work and school during a suspension.

Some states take further steps to make sure the person (particularly a repeat offender) doesn’t get back on the road. The state may confiscate the car or cancel its registration, either temporarily or permanently. Or the state may require an ignition interlock device (IID) to be attached to the DUI or DWI offender’s car. This device requires the driver to blow into a small handheld alcohol sensor unit attached to the dashboard. If the person’s BAC is above a preset level (usually .02% to .04%), the car won’t start.

Alternative Forms of Punishment

A number of states’ court sentences may include alternative sentencing, such as alcohol teaching and prevention programs, treatment for alcohol abuse, assessment of a person for possible alcohol or drug dependency or addiction, and community service or victim restitution. The judge may recommend these steps instead of jail time or paying fines, most likely for a first offender. Or the judge may combine them with other penalties. In Texas, for example, minors convicted of a DUI must perform community service, in addition to any other penalties.

Young Offenders

A minor who is arrested for driving while under the influence of alcohol or drugs won’t get any breaks from punishment — in fact, being young is likely to make matters worse. The legal drinking age is 21 in most states, so drinking before that age is a separate crime. In addition, some states penalize underage drivers based on lower BAC levels than the standard .08% for adults, typically .02%. The state may impose adult sentences on minors, and underage DUI offenders are likely to have their licenses suspended for one year.

Other Consequences

In addition to legal penalties, the driver’s insurance company may cancel the insurance policy or drastically increase the rates because of the hit to the person’s driving record. And a drunk driving charge stays on a person’s driving record for many years. Plus, if the driver’s license is suspended, the insurance company is likely to cancel the insurance policy. Certain jobs may be closed to those who’ve been convicted of DUI or DWI, such as driving a school bus, delivery van, or any other vehicle as part of their employment.

Finally, the driver may face a separate civil lawsuit if accident victims decide to sue for property damages or bodily injuries.

Criminal DUI Defense Attorney Free Consultation

When you need legal help and protection from a DUI criminal charge in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

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Source: https://www.ascentlawfirm.com/how-often-do-first-time-dui-offenders-go-to-jail/

[michaeljames1221]

How Often Do First Time DUI Offenders Go To Jail?

DUI is considered a serious offense and carries penalties for 1st offense DUI Utah cases. Because of the potential for causing injuries and fatalities to other motorists, pedestrians, and cyclists, DUI is an offense that can be classified as either a misdemeanor or a felony depending on the circumstances surrounding the offense and the number of convictions an offender has within a certain time period. Knowing the definition of DUI, how DUI is determined, and how it is prosecuted can help drivers avoid the penalties associated with a 1st or subsequent offense. We’ve previously written about a DUI Lawyer Salt Lake City here.

DUI Defined

DUI is an acronym that stands for driving under the influence. Motorists may be driving under the influence of alcohol, drugs, or both substances. There are two parts to a 1st offense DUI Utah case. One takes into account the level of impairment of the defendant. This level can be determined when law enforcement officers are talking to the individual or when field sobriety tests are performed. Officers will often make notes about slurred speech, bloodshot eyes, the odor of the driver, and how the driver is acting. Sobriety tests are performed to determine if a driver is impaired. When these tests are administered, officers look for stumbling, falling, tripping, and other signs that a driver may have been drinking. The other component of a 1st offense DUI Utah case is blood alcohol level. This level is determined with chemical testing of a suspect’s blood, urine, or breath. In Utah, the legal limit for blood alcohol level is 0.08%. If this limit is met or exceeded, a driver is considered to be under the influence, even if they do not show any physical signs of impairment.

1st Offense DUI Utah Prosecution

How a DUI case is prosecuted depends on a number of factors. The age of the person being charged, their blood alcohol level at the time of arrest, any injuries or property damage caused by the defendant, and any prior convictions are considered. DUI is often a misdemeanor charge, but it can be charged as a felony if the defendant has had a number of prior convictions or if serious injuries have been caused. The prosecutor in the case will rely on chemical testing results and statements from law enforcement officers to try to convict those charged with driving under the influence.

1st Offense DUI Utah Administrative Penalties

If convicted of driving under the influence, two sets of penalties are imposed. The first penalty is administrative in nature and is imposed by the Department of Motor Vehicles. For a 1st offense DUI Utah case, the penalty is a four-month license suspension period. If the convicted driver refused chemical testing, the penalty is a one-year license suspension, even if they are not convicted in a criminal trial at a later date. The administrative penalties increase with each subsequent driving under the influence offense.

1st Offense DUI Utah Criminal Penalties

There are a number of criminal penalties that can be imposed for a 1st DUI offense in the state of Utah. The courts consider a number of factors when imposing these penalties on offenders. If the convicted offender’s blood alcohol level was extremely high, or if injuries or property damage occurred, the sentence may be harsher. Jail time of 96 hours to 6 months can be imposed, along with fines up to $1,000 and a six-month license suspension. Offenders are also expected to attend alcohol education classes.

1st Offense DUI Utah Ignition Interlock Device Penalty

Some offenders are required to have an ignition interlock device install in every vehicle they own. An ignition interlock device is a device that is installed in a vehicle and tests a breath sample of an offender each time they attempt to start the engine. If the offender has any alcohol in his or her breath, the vehicle will fail to start and they will be unable to drive. These devices have both proponents and critics. Those who support ignition interlock devices think they cut down on driving under the influence. Critics of the devices believe they do not work because offenders could easily ask a friend or relative to breathe into the device if they have been drinking. The device would read that breath sample and allow the vehicle to be started even if the offender had been drinking. This can allow repeat offenders to get away with driving under the influence even though ignition interlock devices are supposed to prevent it from happening.

If you have been arrested for drunk driving, chances are you too are asking yourself if you really need a DUI Lawyer or not. The answer will depend highly on your situation. If this happens to be your first offense ever, and there are no other offenses, then you might be able to get by without a lawyer. However, if you are a repeat offender you will definitely need the help of a DUI Lawyer as the law is stricter on those who fall in this category. Before deciding if you need a lawyer or not, make sure you get to know the DUI laws of your state. Find out how much fines or jail time you will need to do if you fail your own case. This will help you to reach the right decision.

If you have chosen to get a lawyer, you have made a good choice. The lawyer would have more back ground and experience than you and will be better able to help you get a lower jail time or fine. If you feel that you might not afford a lawyer, try discussing the payment plans with them first. Law firms often have payment plans such as credit payment plans, discounts and flexible payment plans to help you engage their services.

There are a few things you should consider when finding and choosing your lawyer:

· Find a lawyer that specializes in DUI cases as they will be better versed with the court system and prosecutors so they can negotiate a better deal for you.

· Make an appointment for a consultation with the lawyer. This should be done free of charge as this is merely a consultation, you are not hiring them yet. You should be able to decide if you want to work with them by the end of the discussion and they would have explained to you what to expect when you have to stand trial.

· Find out how much everything will cost you. Find also if there are any added fees that you would have to pay that is not included in the representation fees. Also ask about circumstances that would increase the cost even more and if they are willing to offer you a payment plan.

· Meet up with at least 2 or 3 lawyers so you would have at least 2 or 3 price quotes. Choose the one you think is best for you. Besides, meeting more lawyers will provide you with more information to make the right decision.

· Read up on the laws concerning DUI so that you are up to date on the current news on fines and jail times. Make sure you know what you are getting yourself into.

As with any criminal charge, a person charged with driving while intoxicated (DWI) or driving under the influence (DUI) is presumed innocent until proven guilty. If guilt is established (often through the defendant’s own plea or after a jury trial), the penalty will depend on state law, as well as on any aggravating circumstances (such as the presence of an open bottle of liquor in the car) and the defendant’s cooperation with the police.

Jail Time

In all states, first-offense DUI or DWI is classified as a misdemeanor, and punishable by up to six months in jail. That jail time may be increased under certain circumstances. For example, some states mandate more severe punishments for DUI or DUI offenders whose blood alcohol concentration (BAC) at the time of arrest was particularly high—for example, .15% or .20%, very high considering the legal limit of .08%. Currently Utah has a .05% limit.

Many states also require minimum jail sentences of at least several days on a first offense. Subsequent offenses often result in jail sentences of several months to a year.

For a DUI or DWI that’s been classified as a felony—either because the driver killed or injured someone or because it’s the driver’s third or fourth DUI—jail sentences of several years are not uncommon. Again, this depends on state law, the facts of the case, and the discretion of the judge at trial.

Fines

In addition to jail sentences, courts can and do impose high fines for DUI or DWI. These range from $500 to as much as $2,000.

Driver’s License Problems

A DUI or DWI offender stands a good chance of having his or her license suspended for a substantial period of time (either by court order or mandate of the state motor vehicles department). For example, many states suspend a first offender’s license for 90 days; a second offender’s license for one year; and a third offender’s license for three years. Refusal to take a blood, breath, or urine test can result in a license suspension regardless of the finding of guilt, in addition to other penalties in many states.

However, sometimes it’s possible to obtain a “hardship license” to drive to and from places like work and school during a suspension.

Some states take further steps to make sure the person (particularly a repeat offender) doesn’t get back on the road. The state may confiscate the car or cancel its registration, either temporarily or permanently. Or the state may require an ignition interlock device (IID) to be attached to the DUI or DWI offender’s car. This device requires the driver to blow into a small handheld alcohol sensor unit attached to the dashboard. If the person’s BAC is above a preset level (usually .02% to .04%), the car won’t start.

Alternative Forms of Punishment

A number of states’ court sentences may include alternative sentencing, such as alcohol teaching and prevention programs, treatment for alcohol abuse, assessment of a person for possible alcohol or drug dependency or addiction, and community service or victim restitution. The judge may recommend these steps instead of jail time or paying fines, most likely for a first offender. Or the judge may combine them with other penalties. In Texas, for example, minors convicted of a DUI must perform community service, in addition to any other penalties.

Young Offenders

A minor who is arrested for driving while under the influence of alcohol or drugs won’t get any breaks from punishment — in fact, being young is likely to make matters worse. The legal drinking age is 21 in most states, so drinking before that age is a separate crime. In addition, some states penalize underage drivers based on lower BAC levels than the standard .08% for adults, typically .02%. The state may impose adult sentences on minors, and underage DUI offenders are likely to have their licenses suspended for one year.

Other Consequences

In addition to legal penalties, the driver’s insurance company may cancel the insurance policy or drastically increase the rates because of the hit to the person’s driving record. And a drunk driving charge stays on a person’s driving record for many years. Plus, if the driver’s license is suspended, the insurance company is likely to cancel the insurance policy. Certain jobs may be closed to those who’ve been convicted of DUI or DWI, such as driving a school bus, delivery van, or any other vehicle as part of their employment.

Finally, the driver may face a separate civil lawsuit if accident victims decide to sue for property damages or bodily injuries.

Criminal DUI Defense Attorney Free Consultation

When you need legal help and protection from a DUI criminal charge in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Probate Lawyer Farmington Utah

Misconceptions of Divorce

Revoking, Challenging, or Changing a Will

How Do I Know If I Qualify For Chapter 7?

Family Lawyer Spanish Fork Utah

Divorce For Millennials

from Michael Anderson https://www.ascentlawfirm.com/how-often-do-first-time-dui-offenders-go-to-jail/

from Criminal Defense Lawyer West Jordan Utah https://criminaldefenselawyerwestjordanutah.wordpress.com/2019/10/09/how-often-do-first-time-dui-offenders-go-to-jail/

[melissawalker01]

How Often Do First Time DUI Offenders Go To Jail?

DUI is considered a serious offense and carries penalties for 1st offense DUI Utah cases. Because of the potential for causing injuries and fatalities to other motorists, pedestrians, and cyclists, DUI is an offense that can be classified as either a misdemeanor or a felony depending on the circumstances surrounding the offense and the number of convictions an offender has within a certain time period. Knowing the definition of DUI, how DUI is determined, and how it is prosecuted can help drivers avoid the penalties associated with a 1st or subsequent offense. We’ve previously written about a DUI Lawyer Salt Lake City here.

DUI Defined

DUI is an acronym that stands for driving under the influence. Motorists may be driving under the influence of alcohol, drugs, or both substances. There are two parts to a 1st offense DUI Utah case. One takes into account the level of impairment of the defendant. This level can be determined when law enforcement officers are talking to the individual or when field sobriety tests are performed. Officers will often make notes about slurred speech, bloodshot eyes, the odor of the driver, and how the driver is acting. Sobriety tests are performed to determine if a driver is impaired. When these tests are administered, officers look for stumbling, falling, tripping, and other signs that a driver may have been drinking. The other component of a 1st offense DUI Utah case is blood alcohol level. This level is determined with chemical testing of a suspect’s blood, urine, or breath. In Utah, the legal limit for blood alcohol level is 0.08%. If this limit is met or exceeded, a driver is considered to be under the influence, even if they do not show any physical signs of impairment.

1st Offense DUI Utah Prosecution

How a DUI case is prosecuted depends on a number of factors. The age of the person being charged, their blood alcohol level at the time of arrest, any injuries or property damage caused by the defendant, and any prior convictions are considered. DUI is often a misdemeanor charge, but it can be charged as a felony if the defendant has had a number of prior convictions or if serious injuries have been caused. The prosecutor in the case will rely on chemical testing results and statements from law enforcement officers to try to convict those charged with driving under the influence.

1st Offense DUI Utah Administrative Penalties

If convicted of driving under the influence, two sets of penalties are imposed. The first penalty is administrative in nature and is imposed by the Department of Motor Vehicles. For a 1st offense DUI Utah case, the penalty is a four-month license suspension period. If the convicted driver refused chemical testing, the penalty is a one-year license suspension, even if they are not convicted in a criminal trial at a later date. The administrative penalties increase with each subsequent driving under the influence offense.

1st Offense DUI Utah Criminal Penalties

There are a number of criminal penalties that can be imposed for a 1st DUI offense in the state of Utah. The courts consider a number of factors when imposing these penalties on offenders. If the convicted offender’s blood alcohol level was extremely high, or if injuries or property damage occurred, the sentence may be harsher. Jail time of 96 hours to 6 months can be imposed, along with fines up to $1,000 and a six-month license suspension. Offenders are also expected to attend alcohol education classes.

1st Offense DUI Utah Ignition Interlock Device Penalty

Some offenders are required to have an ignition interlock device install in every vehicle they own. An ignition interlock device is a device that is installed in a vehicle and tests a breath sample of an offender each time they attempt to start the engine. If the offender has any alcohol in his or her breath, the vehicle will fail to start and they will be unable to drive. These devices have both proponents and critics. Those who support ignition interlock devices think they cut down on driving under the influence. Critics of the devices believe they do not work because offenders could easily ask a friend or relative to breathe into the device if they have been drinking. The device would read that breath sample and allow the vehicle to be started even if the offender had been drinking. This can allow repeat offenders to get away with driving under the influence even though ignition interlock devices are supposed to prevent it from happening.

If you have been arrested for drunk driving, chances are you too are asking yourself if you really need a DUI Lawyer or not. The answer will depend highly on your situation. If this happens to be your first offense ever, and there are no other offenses, then you might be able to get by without a lawyer. However, if you are a repeat offender you will definitely need the help of a DUI Lawyer as the law is stricter on those who fall in this category. Before deciding if you need a lawyer or not, make sure you get to know the DUI laws of your state. Find out how much fines or jail time you will need to do if you fail your own case. This will help you to reach the right decision.

If you have chosen to get a lawyer, you have made a good choice. The lawyer would have more back ground and experience than you and will be better able to help you get a lower jail time or fine. If you feel that you might not afford a lawyer, try discussing the payment plans with them first. Law firms often have payment plans such as credit payment plans, discounts and flexible payment plans to help you engage their services.

There are a few things you should consider when finding and choosing your lawyer:

· Find a lawyer that specializes in DUI cases as they will be better versed with the court system and prosecutors so they can negotiate a better deal for you.

· Make an appointment for a consultation with the lawyer. This should be done free of charge as this is merely a consultation, you are not hiring them yet. You should be able to decide if you want to work with them by the end of the discussion and they would have explained to you what to expect when you have to stand trial.

· Find out how much everything will cost you. Find also if there are any added fees that you would have to pay that is not included in the representation fees. Also ask about circumstances that would increase the cost even more and if they are willing to offer you a payment plan.

· Meet up with at least 2 or 3 lawyers so you would have at least 2 or 3 price quotes. Choose the one you think is best for you. Besides, meeting more lawyers will provide you with more information to make the right decision.

· Read up on the laws concerning DUI so that you are up to date on the current news on fines and jail times. Make sure you know what you are getting yourself into.

As with any criminal charge, a person charged with driving while intoxicated (DWI) or driving under the influence (DUI) is presumed innocent until proven guilty. If guilt is established (often through the defendant’s own plea or after a jury trial), the penalty will depend on state law, as well as on any aggravating circumstances (such as the presence of an open bottle of liquor in the car) and the defendant’s cooperation with the police.

Jail Time

In all states, first-offense DUI or DWI is classified as a misdemeanor, and punishable by up to six months in jail. That jail time may be increased under certain circumstances. For example, some states mandate more severe punishments for DUI or DUI offenders whose blood alcohol concentration (BAC) at the time of arrest was particularly high—for example, .15% or .20%, very high considering the legal limit of .08%. Currently Utah has a .05% limit.

Many states also require minimum jail sentences of at least several days on a first offense. Subsequent offenses often result in jail sentences of several months to a year.

For a DUI or DWI that’s been classified as a felony—either because the driver killed or injured someone or because it’s the driver’s third or fourth DUI—jail sentences of several years are not uncommon. Again, this depends on state law, the facts of the case, and the discretion of the judge at trial.

Fines

In addition to jail sentences, courts can and do impose high fines for DUI or DWI. These range from $500 to as much as $2,000.

Driver’s License Problems

A DUI or DWI offender stands a good chance of having his or her license suspended for a substantial period of time (either by court order or mandate of the state motor vehicles department). For example, many states suspend a first offender’s license for 90 days; a second offender’s license for one year; and a third offender’s license for three years. Refusal to take a blood, breath, or urine test can result in a license suspension regardless of the finding of guilt, in addition to other penalties in many states.

However, sometimes it’s possible to obtain a “hardship license” to drive to and from places like work and school during a suspension.

Some states take further steps to make sure the person (particularly a repeat offender) doesn’t get back on the road. The state may confiscate the car or cancel its registration, either temporarily or permanently. Or the state may require an ignition interlock device (IID) to be attached to the DUI or DWI offender’s car. This device requires the driver to blow into a small handheld alcohol sensor unit attached to the dashboard. If the person’s BAC is above a preset level (usually .02% to .04%), the car won’t start.

Alternative Forms of Punishment

A number of states’ court sentences may include alternative sentencing, such as alcohol teaching and prevention programs, treatment for alcohol abuse, assessment of a person for possible alcohol or drug dependency or addiction, and community service or victim restitution. The judge may recommend these steps instead of jail time or paying fines, most likely for a first offender. Or the judge may combine them with other penalties. In Texas, for example, minors convicted of a DUI must perform community service, in addition to any other penalties.

Young Offenders

A minor who is arrested for driving while under the influence of alcohol or drugs won’t get any breaks from punishment — in fact, being young is likely to make matters worse. The legal drinking age is 21 in most states, so drinking before that age is a separate crime. In addition, some states penalize underage drivers based on lower BAC levels than the standard .08% for adults, typically .02%. The state may impose adult sentences on minors, and underage DUI offenders are likely to have their licenses suspended for one year.

Other Consequences

In addition to legal penalties, the driver’s insurance company may cancel the insurance policy or drastically increase the rates because of the hit to the person’s driving record. And a drunk driving charge stays on a person’s driving record for many years. Plus, if the driver’s license is suspended, the insurance company is likely to cancel the insurance policy. Certain jobs may be closed to those who’ve been convicted of DUI or DWI, such as driving a school bus, delivery van, or any other vehicle as part of their employment.

Finally, the driver may face a separate civil lawsuit if accident victims decide to sue for property damages or bodily injuries.

Criminal DUI Defense Attorney Free Consultation

When you need legal help and protection from a DUI criminal charge in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

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from Michael Anderson https://www.ascentlawfirm.com/how-often-do-first-time-dui-offenders-go-to-jail/ from Divorce Lawyer Nelson Farms Utah https://divorcelawyernelsonfarmsutah.tumblr.com/post/188226025860

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How Often Do First Time DUI Offenders Go To Jail?

DUI is considered a serious offense and carries penalties for 1st offense DUI Utah cases. Because of the potential for causing injuries and fatalities to other motorists, pedestrians, and cyclists, DUI is an offense that can be classified as either a misdemeanor or a felony depending on the circumstances surrounding the offense and the number of convictions an offender has within a certain time period. Knowing the definition of DUI, how DUI is determined, and how it is prosecuted can help drivers avoid the penalties associated with a 1st or subsequent offense. We’ve previously written about a DUI Lawyer Salt Lake City here.

DUI Defined

DUI is an acronym that stands for driving under the influence. Motorists may be driving under the influence of alcohol, drugs, or both substances. There are two parts to a 1st offense DUI Utah case. One takes into account the level of impairment of the defendant. This level can be determined when law enforcement officers are talking to the individual or when field sobriety tests are performed. Officers will often make notes about slurred speech, bloodshot eyes, the odor of the driver, and how the driver is acting. Sobriety tests are performed to determine if a driver is impaired. When these tests are administered, officers look for stumbling, falling, tripping, and other signs that a driver may have been drinking. The other component of a 1st offense DUI Utah case is blood alcohol level. This level is determined with chemical testing of a suspect’s blood, urine, or breath. In Utah, the legal limit for blood alcohol level is 0.08%. If this limit is met or exceeded, a driver is considered to be under the influence, even if they do not show any physical signs of impairment.

1st Offense DUI Utah Prosecution

How a DUI case is prosecuted depends on a number of factors. The age of the person being charged, their blood alcohol level at the time of arrest, any injuries or property damage caused by the defendant, and any prior convictions are considered. DUI is often a misdemeanor charge, but it can be charged as a felony if the defendant has had a number of prior convictions or if serious injuries have been caused. The prosecutor in the case will rely on chemical testing results and statements from law enforcement officers to try to convict those charged with driving under the influence.

1st Offense DUI Utah Administrative Penalties

If convicted of driving under the influence, two sets of penalties are imposed. The first penalty is administrative in nature and is imposed by the Department of Motor Vehicles. For a 1st offense DUI Utah case, the penalty is a four-month license suspension period. If the convicted driver refused chemical testing, the penalty is a one-year license suspension, even if they are not convicted in a criminal trial at a later date. The administrative penalties increase with each subsequent driving under the influence offense.

1st Offense DUI Utah Criminal Penalties

There are a number of criminal penalties that can be imposed for a 1st DUI offense in the state of Utah. The courts consider a number of factors when imposing these penalties on offenders. If the convicted offender’s blood alcohol level was extremely high, or if injuries or property damage occurred, the sentence may be harsher. Jail time of 96 hours to 6 months can be imposed, along with fines up to $1,000 and a six-month license suspension. Offenders are also expected to attend alcohol education classes.

1st Offense DUI Utah Ignition Interlock Device Penalty

Some offenders are required to have an ignition interlock device install in every vehicle they own. An ignition interlock device is a device that is installed in a vehicle and tests a breath sample of an offender each time they attempt to start the engine. If the offender has any alcohol in his or her breath, the vehicle will fail to start and they will be unable to drive. These devices have both proponents and critics. Those who support ignition interlock devices think they cut down on driving under the influence. Critics of the devices believe they do not work because offenders could easily ask a friend or relative to breathe into the device if they have been drinking. The device would read that breath sample and allow the vehicle to be started even if the offender had been drinking. This can allow repeat offenders to get away with driving under the influence even though ignition interlock devices are supposed to prevent it from happening.

If you have been arrested for drunk driving, chances are you too are asking yourself if you really need a DUI Lawyer or not. The answer will depend highly on your situation. If this happens to be your first offense ever, and there are no other offenses, then you might be able to get by without a lawyer. However, if you are a repeat offender you will definitely need the help of a DUI Lawyer as the law is stricter on those who fall in this category. Before deciding if you need a lawyer or not, make sure you get to know the DUI laws of your state. Find out how much fines or jail time you will need to do if you fail your own case. This will help you to reach the right decision.

If you have chosen to get a lawyer, you have made a good choice. The lawyer would have more back ground and experience than you and will be better able to help you get a lower jail time or fine. If you feel that you might not afford a lawyer, try discussing the payment plans with them first. Law firms often have payment plans such as credit payment plans, discounts and flexible payment plans to help you engage their services.

There are a few things you should consider when finding and choosing your lawyer:

· Find a lawyer that specializes in DUI cases as they will be better versed with the court system and prosecutors so they can negotiate a better deal for you.

· Make an appointment for a consultation with the lawyer. This should be done free of charge as this is merely a consultation, you are not hiring them yet. You should be able to decide if you want to work with them by the end of the discussion and they would have explained to you what to expect when you have to stand trial.

· Find out how much everything will cost you. Find also if there are any added fees that you would have to pay that is not included in the representation fees. Also ask about circumstances that would increase the cost even more and if they are willing to offer you a payment plan.

· Meet up with at least 2 or 3 lawyers so you would have at least 2 or 3 price quotes. Choose the one you think is best for you. Besides, meeting more lawyers will provide you with more information to make the right decision.

· Read up on the laws concerning DUI so that you are up to date on the current news on fines and jail times. Make sure you know what you are getting yourself into.

As with any criminal charge, a person charged with driving while intoxicated (DWI) or driving under the influence (DUI) is presumed innocent until proven guilty. If guilt is established (often through the defendant’s own plea or after a jury trial), the penalty will depend on state law, as well as on any aggravating circumstances (such as the presence of an open bottle of liquor in the car) and the defendant’s cooperation with the police.

Jail Time

In all states, first-offense DUI or DWI is classified as a misdemeanor, and punishable by up to six months in jail. That jail time may be increased under certain circumstances. For example, some states mandate more severe punishments for DUI or DUI offenders whose blood alcohol concentration (BAC) at the time of arrest was particularly high—for example, .15% or .20%, very high considering the legal limit of .08%. Currently Utah has a .05% limit.

Many states also require minimum jail sentences of at least several days on a first offense. Subsequent offenses often result in jail sentences of several months to a year.

For a DUI or DWI that’s been classified as a felony—either because the driver killed or injured someone or because it’s the driver’s third or fourth DUI—jail sentences of several years are not uncommon. Again, this depends on state law, the facts of the case, and the discretion of the judge at trial.

Fines

In addition to jail sentences, courts can and do impose high fines for DUI or DWI. These range from $500 to as much as $2,000.

Driver’s License Problems

A DUI or DWI offender stands a good chance of having his or her license suspended for a substantial period of time (either by court order or mandate of the state motor vehicles department). For example, many states suspend a first offender’s license for 90 days; a second offender’s license for one year; and a third offender’s license for three years. Refusal to take a blood, breath, or urine test can result in a license suspension regardless of the finding of guilt, in addition to other penalties in many states.

However, sometimes it’s possible to obtain a “hardship license” to drive to and from places like work and school during a suspension.

Some states take further steps to make sure the person (particularly a repeat offender) doesn’t get back on the road. The state may confiscate the car or cancel its registration, either temporarily or permanently. Or the state may require an ignition interlock device (IID) to be attached to the DUI or DWI offender’s car. This device requires the driver to blow into a small handheld alcohol sensor unit attached to the dashboard. If the person’s BAC is above a preset level (usually .02% to .04%), the car won’t start.

Alternative Forms of Punishment

A number of states’ court sentences may include alternative sentencing, such as alcohol teaching and prevention programs, treatment for alcohol abuse, assessment of a person for possible alcohol or drug dependency or addiction, and community service or victim restitution. The judge may recommend these steps instead of jail time or paying fines, most likely for a first offender. Or the judge may combine them with other penalties. In Texas, for example, minors convicted of a DUI must perform community service, in addition to any other penalties.

Young Offenders

A minor who is arrested for driving while under the influence of alcohol or drugs won’t get any breaks from punishment — in fact, being young is likely to make matters worse. The legal drinking age is 21 in most states, so drinking before that age is a separate crime. In addition, some states penalize underage drivers based on lower BAC levels than the standard .08% for adults, typically .02%. The state may impose adult sentences on minors, and underage DUI offenders are likely to have their licenses suspended for one year.

Other Consequences

In addition to legal penalties, the driver’s insurance company may cancel the insurance policy or drastically increase the rates because of the hit to the person’s driving record. And a drunk driving charge stays on a person’s driving record for many years. Plus, if the driver’s license is suspended, the insurance company is likely to cancel the insurance policy. Certain jobs may be closed to those who’ve been convicted of DUI or DWI, such as driving a school bus, delivery van, or any other vehicle as part of their employment.

Finally, the driver may face a separate civil lawsuit if accident victims decide to sue for property damages or bodily injuries.

Criminal DUI Defense Attorney Free Consultation

When you need legal help and protection from a DUI criminal charge in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

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Source: https://www.ascentlawfirm.com/how-often-do-first-time-dui-offenders-go-to-jail/

[gonnagoandrunwiththehorses]

How Often Do First Time DUI Offenders Go To Jail?

DUI is considered a serious offense and carries penalties for 1st offense DUI Utah cases. Because of the potential for causing injuries and fatalities to other motorists, pedestrians, and cyclists, DUI is an offense that can be classified as either a misdemeanor or a felony depending on the circumstances surrounding the offense and the number of convictions an offender has within a certain time period. Knowing the definition of DUI, how DUI is determined, and how it is prosecuted can help drivers avoid the penalties associated with a 1st or subsequent offense. We’ve previously written about a DUI Lawyer Salt Lake City here.

DUI Defined

DUI is an acronym that stands for driving under the influence. Motorists may be driving under the influence of alcohol, drugs, or both substances. There are two parts to a 1st offense DUI Utah case. One takes into account the level of impairment of the defendant. This level can be determined when law enforcement officers are talking to the individual or when field sobriety tests are performed. Officers will often make notes about slurred speech, bloodshot eyes, the odor of the driver, and how the driver is acting. Sobriety tests are performed to determine if a driver is impaired. When these tests are administered, officers look for stumbling, falling, tripping, and other signs that a driver may have been drinking. The other component of a 1st offense DUI Utah case is blood alcohol level. This level is determined with chemical testing of a suspect’s blood, urine, or breath. In Utah, the legal limit for blood alcohol level is 0.08%. If this limit is met or exceeded, a driver is considered to be under the influence, even if they do not show any physical signs of impairment.

1st Offense DUI Utah Prosecution

How a DUI case is prosecuted depends on a number of factors. The age of the person being charged, their blood alcohol level at the time of arrest, any injuries or property damage caused by the defendant, and any prior convictions are considered. DUI is often a misdemeanor charge, but it can be charged as a felony if the defendant has had a number of prior convictions or if serious injuries have been caused. The prosecutor in the case will rely on chemical testing results and statements from law enforcement officers to try to convict those charged with driving under the influence.

1st Offense DUI Utah Administrative Penalties

If convicted of driving under the influence, two sets of penalties are imposed. The first penalty is administrative in nature and is imposed by the Department of Motor Vehicles. For a 1st offense DUI Utah case, the penalty is a four-month license suspension period. If the convicted driver refused chemical testing, the penalty is a one-year license suspension, even if they are not convicted in a criminal trial at a later date. The administrative penalties increase with each subsequent driving under the influence offense.

1st Offense DUI Utah Criminal Penalties

There are a number of criminal penalties that can be imposed for a 1st DUI offense in the state of Utah. The courts consider a number of factors when imposing these penalties on offenders. If the convicted offender’s blood alcohol level was extremely high, or if injuries or property damage occurred, the sentence may be harsher. Jail time of 96 hours to 6 months can be imposed, along with fines up to $1,000 and a six-month license suspension. Offenders are also expected to attend alcohol education classes.

1st Offense DUI Utah Ignition Interlock Device Penalty

Some offenders are required to have an ignition interlock device install in every vehicle they own. An ignition interlock device is a device that is installed in a vehicle and tests a breath sample of an offender each time they attempt to start the engine. If the offender has any alcohol in his or her breath, the vehicle will fail to start and they will be unable to drive. These devices have both proponents and critics. Those who support ignition interlock devices think they cut down on driving under the influence. Critics of the devices believe they do not work because offenders could easily ask a friend or relative to breathe into the device if they have been drinking. The device would read that breath sample and allow the vehicle to be started even if the offender had been drinking. This can allow repeat offenders to get away with driving under the influence even though ignition interlock devices are supposed to prevent it from happening.

If you have been arrested for drunk driving, chances are you too are asking yourself if you really need a DUI Lawyer or not. The answer will depend highly on your situation. If this happens to be your first offense ever, and there are no other offenses, then you might be able to get by without a lawyer. However, if you are a repeat offender you will definitely need the help of a DUI Lawyer as the law is stricter on those who fall in this category. Before deciding if you need a lawyer or not, make sure you get to know the DUI laws of your state. Find out how much fines or jail time you will need to do if you fail your own case. This will help you to reach the right decision.

If you have chosen to get a lawyer, you have made a good choice. The lawyer would have more back ground and experience than you and will be better able to help you get a lower jail time or fine. If you feel that you might not afford a lawyer, try discussing the payment plans with them first. Law firms often have payment plans such as credit payment plans, discounts and flexible payment plans to help you engage their services.

There are a few things you should consider when finding and choosing your lawyer:

· Find a lawyer that specializes in DUI cases as they will be better versed with the court system and prosecutors so they can negotiate a better deal for you.

· Make an appointment for a consultation with the lawyer. This should be done free of charge as this is merely a consultation, you are not hiring them yet. You should be able to decide if you want to work with them by the end of the discussion and they would have explained to you what to expect when you have to stand trial.

· Find out how much everything will cost you. Find also if there are any added fees that you would have to pay that is not included in the representation fees. Also ask about circumstances that would increase the cost even more and if they are willing to offer you a payment plan.

· Meet up with at least 2 or 3 lawyers so you would have at least 2 or 3 price quotes. Choose the one you think is best for you. Besides, meeting more lawyers will provide you with more information to make the right decision.

· Read up on the laws concerning DUI so that you are up to date on the current news on fines and jail times. Make sure you know what you are getting yourself into.

As with any criminal charge, a person charged with driving while intoxicated (DWI) or driving under the influence (DUI) is presumed innocent until proven guilty. If guilt is established (often through the defendant’s own plea or after a jury trial), the penalty will depend on state law, as well as on any aggravating circumstances (such as the presence of an open bottle of liquor in the car) and the defendant’s cooperation with the police.

Jail Time

In all states, first-offense DUI or DWI is classified as a misdemeanor, and punishable by up to six months in jail. That jail time may be increased under certain circumstances. For example, some states mandate more severe punishments for DUI or DUI offenders whose blood alcohol concentration (BAC) at the time of arrest was particularly high—for example, .15% or .20%, very high considering the legal limit of .08%. Currently Utah has a .05% limit.

Many states also require minimum jail sentences of at least several days on a first offense. Subsequent offenses often result in jail sentences of several months to a year.

For a DUI or DWI that’s been classified as a felony—either because the driver killed or injured someone or because it’s the driver’s third or fourth DUI—jail sentences of several years are not uncommon. Again, this depends on state law, the facts of the case, and the discretion of the judge at trial.

Fines

In addition to jail sentences, courts can and do impose high fines for DUI or DWI. These range from $500 to as much as $2,000.

Driver’s License Problems

A DUI or DWI offender stands a good chance of having his or her license suspended for a substantial period of time (either by court order or mandate of the state motor vehicles department). For example, many states suspend a first offender’s license for 90 days; a second offender’s license for one year; and a third offender’s license for three years. Refusal to take a blood, breath, or urine test can result in a license suspension regardless of the finding of guilt, in addition to other penalties in many states.

However, sometimes it’s possible to obtain a “hardship license” to drive to and from places like work and school during a suspension.

Some states take further steps to make sure the person (particularly a repeat offender) doesn’t get back on the road. The state may confiscate the car or cancel its registration, either temporarily or permanently. Or the state may require an ignition interlock device (IID) to be attached to the DUI or DWI offender’s car. This device requires the driver to blow into a small handheld alcohol sensor unit attached to the dashboard. If the person’s BAC is above a preset level (usually .02% to .04%), the car won’t start.

Alternative Forms of Punishment

A number of states’ court sentences may include alternative sentencing, such as alcohol teaching and prevention programs, treatment for alcohol abuse, assessment of a person for possible alcohol or drug dependency or addiction, and community service or victim restitution. The judge may recommend these steps instead of jail time or paying fines, most likely for a first offender. Or the judge may combine them with other penalties. In Texas, for example, minors convicted of a DUI must perform community service, in addition to any other penalties.

Young Offenders

A minor who is arrested for driving while under the influence of alcohol or drugs won’t get any breaks from punishment — in fact, being young is likely to make matters worse. The legal drinking age is 21 in most states, so drinking before that age is a separate crime. In addition, some states penalize underage drivers based on lower BAC levels than the standard .08% for adults, typically .02%. The state may impose adult sentences on minors, and underage DUI offenders are likely to have their licenses suspended for one year.

Other Consequences

In addition to legal penalties, the driver’s insurance company may cancel the insurance policy or drastically increase the rates because of the hit to the person’s driving record. And a drunk driving charge stays on a person’s driving record for many years. Plus, if the driver’s license is suspended, the insurance company is likely to cancel the insurance policy. Certain jobs may be closed to those who’ve been convicted of DUI or DWI, such as driving a school bus, delivery van, or any other vehicle as part of their employment.

Finally, the driver may face a separate civil lawsuit if accident victims decide to sue for property damages or bodily injuries.

Criminal DUI Defense Attorney Free Consultation

When you need legal help and protection from a DUI criminal charge in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Probate Lawyer Farmington Utah

Misconceptions of Divorce

Revoking, Challenging, or Changing a Will

How Do I Know If I Qualify For Chapter 7?

Family Lawyer Spanish Fork Utah

Divorce For Millennials

Source: https://www.ascentlawfirm.com/how-often-do-first-time-dui-offenders-go-to-jail/

[coming-from-hell]

How Often Do First Time DUI Offenders Go To Jail?

DUI is considered a serious offense and carries penalties for 1st offense DUI Utah cases. Because of the potential for causing injuries and fatalities to other motorists, pedestrians, and cyclists, DUI is an offense that can be classified as either a misdemeanor or a felony depending on the circumstances surrounding the offense and the number of convictions an offender has within a certain time period. Knowing the definition of DUI, how DUI is determined, and how it is prosecuted can help drivers avoid the penalties associated with a 1st or subsequent offense. We’ve previously written about a DUI Lawyer Salt Lake City here.

DUI Defined

DUI is an acronym that stands for driving under the influence. Motorists may be driving under the influence of alcohol, drugs, or both substances. There are two parts to a 1st offense DUI Utah case. One takes into account the level of impairment of the defendant. This level can be determined when law enforcement officers are talking to the individual or when field sobriety tests are performed. Officers will often make notes about slurred speech, bloodshot eyes, the odor of the driver, and how the driver is acting. Sobriety tests are performed to determine if a driver is impaired. When these tests are administered, officers look for stumbling, falling, tripping, and other signs that a driver may have been drinking. The other component of a 1st offense DUI Utah case is blood alcohol level. This level is determined with chemical testing of a suspect’s blood, urine, or breath. In Utah, the legal limit for blood alcohol level is 0.08%. If this limit is met or exceeded, a driver is considered to be under the influence, even if they do not show any physical signs of impairment.

1st Offense DUI Utah Prosecution

How a DUI case is prosecuted depends on a number of factors. The age of the person being charged, their blood alcohol level at the time of arrest, any injuries or property damage caused by the defendant, and any prior convictions are considered. DUI is often a misdemeanor charge, but it can be charged as a felony if the defendant has had a number of prior convictions or if serious injuries have been caused. The prosecutor in the case will rely on chemical testing results and statements from law enforcement officers to try to convict those charged with driving under the influence.

1st Offense DUI Utah Administrative Penalties

If convicted of driving under the influence, two sets of penalties are imposed. The first penalty is administrative in nature and is imposed by the Department of Motor Vehicles. For a 1st offense DUI Utah case, the penalty is a four-month license suspension period. If the convicted driver refused chemical testing, the penalty is a one-year license suspension, even if they are not convicted in a criminal trial at a later date. The administrative penalties increase with each subsequent driving under the influence offense.

1st Offense DUI Utah Criminal Penalties

There are a number of criminal penalties that can be imposed for a 1st DUI offense in the state of Utah. The courts consider a number of factors when imposing these penalties on offenders. If the convicted offender’s blood alcohol level was extremely high, or if injuries or property damage occurred, the sentence may be harsher. Jail time of 96 hours to 6 months can be imposed, along with fines up to $1,000 and a six-month license suspension. Offenders are also expected to attend alcohol education classes.

1st Offense DUI Utah Ignition Interlock Device Penalty

Some offenders are required to have an ignition interlock device install in every vehicle they own. An ignition interlock device is a device that is installed in a vehicle and tests a breath sample of an offender each time they attempt to start the engine. If the offender has any alcohol in his or her breath, the vehicle will fail to start and they will be unable to drive. These devices have both proponents and critics. Those who support ignition interlock devices think they cut down on driving under the influence. Critics of the devices believe they do not work because offenders could easily ask a friend or relative to breathe into the device if they have been drinking. The device would read that breath sample and allow the vehicle to be started even if the offender had been drinking. This can allow repeat offenders to get away with driving under the influence even though ignition interlock devices are supposed to prevent it from happening.

If you have been arrested for drunk driving, chances are you too are asking yourself if you really need a DUI Lawyer or not. The answer will depend highly on your situation. If this happens to be your first offense ever, and there are no other offenses, then you might be able to get by without a lawyer. However, if you are a repeat offender you will definitely need the help of a DUI Lawyer as the law is stricter on those who fall in this category. Before deciding if you need a lawyer or not, make sure you get to know the DUI laws of your state. Find out how much fines or jail time you will need to do if you fail your own case. This will help you to reach the right decision.

If you have chosen to get a lawyer, you have made a good choice. The lawyer would have more back ground and experience than you and will be better able to help you get a lower jail time or fine. If you feel that you might not afford a lawyer, try discussing the payment plans with them first. Law firms often have payment plans such as credit payment plans, discounts and flexible payment plans to help you engage their services.

There are a few things you should consider when finding and choosing your lawyer:

· Find a lawyer that specializes in DUI cases as they will be better versed with the court system and prosecutors so they can negotiate a better deal for you.

· Make an appointment for a consultation with the lawyer. This should be done free of charge as this is merely a consultation, you are not hiring them yet. You should be able to decide if you want to work with them by the end of the discussion and they would have explained to you what to expect when you have to stand trial.

· Find out how much everything will cost you. Find also if there are any added fees that you would have to pay that is not included in the representation fees. Also ask about circumstances that would increase the cost even more and if they are willing to offer you a payment plan.

· Meet up with at least 2 or 3 lawyers so you would have at least 2 or 3 price quotes. Choose the one you think is best for you. Besides, meeting more lawyers will provide you with more information to make the right decision.

· Read up on the laws concerning DUI so that you are up to date on the current news on fines and jail times. Make sure you know what you are getting yourself into.

As with any criminal charge, a person charged with driving while intoxicated (DWI) or driving under the influence (DUI) is presumed innocent until proven guilty. If guilt is established (often through the defendant’s own plea or after a jury trial), the penalty will depend on state law, as well as on any aggravating circumstances (such as the presence of an open bottle of liquor in the car) and the defendant’s cooperation with the police.

Jail Time

In all states, first-offense DUI or DWI is classified as a misdemeanor, and punishable by up to six months in jail. That jail time may be increased under certain circumstances. For example, some states mandate more severe punishments for DUI or DUI offenders whose blood alcohol concentration (BAC) at the time of arrest was particularly high—for example, .15% or .20%, very high considering the legal limit of .08%. Currently Utah has a .05% limit.

Many states also require minimum jail sentences of at least several days on a first offense. Subsequent offenses often result in jail sentences of several months to a year.

For a DUI or DWI that’s been classified as a felony—either because the driver killed or injured someone or because it’s the driver’s third or fourth DUI—jail sentences of several years are not uncommon. Again, this depends on state law, the facts of the case, and the discretion of the judge at trial.

Fines

In addition to jail sentences, courts can and do impose high fines for DUI or DWI. These range from $500 to as much as $2,000.

Driver’s License Problems

A DUI or DWI offender stands a good chance of having his or her license suspended for a substantial period of time (either by court order or mandate of the state motor vehicles department). For example, many states suspend a first offender’s license for 90 days; a second offender’s license for one year; and a third offender’s license for three years. Refusal to take a blood, breath, or urine test can result in a license suspension regardless of the finding of guilt, in addition to other penalties in many states.

However, sometimes it’s possible to obtain a “hardship license” to drive to and from places like work and school during a suspension.

Some states take further steps to make sure the person (particularly a repeat offender) doesn’t get back on the road. The state may confiscate the car or cancel its registration, either temporarily or permanently. Or the state may require an ignition interlock device (IID) to be attached to the DUI or DWI offender’s car. This device requires the driver to blow into a small handheld alcohol sensor unit attached to the dashboard. If the person’s BAC is above a preset level (usually .02% to .04%), the car won’t start.

Alternative Forms of Punishment

A number of states’ court sentences may include alternative sentencing, such as alcohol teaching and prevention programs, treatment for alcohol abuse, assessment of a person for possible alcohol or drug dependency or addiction, and community service or victim restitution. The judge may recommend these steps instead of jail time or paying fines, most likely for a first offender. Or the judge may combine them with other penalties. In Texas, for example, minors convicted of a DUI must perform community service, in addition to any other penalties.

Young Offenders

A minor who is arrested for driving while under the influence of alcohol or drugs won’t get any breaks from punishment — in fact, being young is likely to make matters worse. The legal drinking age is 21 in most states, so drinking before that age is a separate crime. In addition, some states penalize underage drivers based on lower BAC levels than the standard .08% for adults, typically .02%. The state may impose adult sentences on minors, and underage DUI offenders are likely to have their licenses suspended for one year.

Other Consequences

In addition to legal penalties, the driver’s insurance company may cancel the insurance policy or drastically increase the rates because of the hit to the person’s driving record. And a drunk driving charge stays on a person’s driving record for many years. Plus, if the driver’s license is suspended, the insurance company is likely to cancel the insurance policy. Certain jobs may be closed to those who’ve been convicted of DUI or DWI, such as driving a school bus, delivery van, or any other vehicle as part of their employment.

Finally, the driver may face a separate civil lawsuit if accident victims decide to sue for property damages or bodily injuries.

Criminal DUI Defense Attorney Free Consultation

When you need legal help and protection from a DUI criminal charge in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

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Source: https://www.ascentlawfirm.com/how-often-do-first-time-dui-offenders-go-to-jail/

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How Often Do First Time DUI Offenders Go To Jail?

DUI is considered a serious offense and carries penalties for 1st offense DUI Utah cases. Because of the potential for causing injuries and fatalities to other motorists, pedestrians, and cyclists, DUI is an offense that can be classified as either a misdemeanor or a felony depending on the circumstances surrounding the offense and the number of convictions an offender has within a certain time period. Knowing the definition of DUI, how DUI is determined, and how it is prosecuted can help drivers avoid the penalties associated with a 1st or subsequent offense. We’ve previously written about a DUI Lawyer Salt Lake City here.

DUI Defined

DUI is an acronym that stands for driving under the influence. Motorists may be driving under the influence of alcohol, drugs, or both substances. There are two parts to a 1st offense DUI Utah case. One takes into account the level of impairment of the defendant. This level can be determined when law enforcement officers are talking to the individual or when field sobriety tests are performed. Officers will often make notes about slurred speech, bloodshot eyes, the odor of the driver, and how the driver is acting. Sobriety tests are performed to determine if a driver is impaired. When these tests are administered, officers look for stumbling, falling, tripping, and other signs that a driver may have been drinking. The other component of a 1st offense DUI Utah case is blood alcohol level. This level is determined with chemical testing of a suspect’s blood, urine, or breath. In Utah, the legal limit for blood alcohol level is 0.08%. If this limit is met or exceeded, a driver is considered to be under the influence, even if they do not show any physical signs of impairment.

1st Offense DUI Utah Prosecution

How a DUI case is prosecuted depends on a number of factors. The age of the person being charged, their blood alcohol level at the time of arrest, any injuries or property damage caused by the defendant, and any prior convictions are considered. DUI is often a misdemeanor charge, but it can be charged as a felony if the defendant has had a number of prior convictions or if serious injuries have been caused. The prosecutor in the case will rely on chemical testing results and statements from law enforcement officers to try to convict those charged with driving under the influence.

1st Offense DUI Utah Administrative Penalties

If convicted of driving under the influence, two sets of penalties are imposed. The first penalty is administrative in nature and is imposed by the Department of Motor Vehicles. For a 1st offense DUI Utah case, the penalty is a four-month license suspension period. If the convicted driver refused chemical testing, the penalty is a one-year license suspension, even if they are not convicted in a criminal trial at a later date. The administrative penalties increase with each subsequent driving under the influence offense.

1st Offense DUI Utah Criminal Penalties

There are a number of criminal penalties that can be imposed for a 1st DUI offense in the state of Utah. The courts consider a number of factors when imposing these penalties on offenders. If the convicted offender’s blood alcohol level was extremely high, or if injuries or property damage occurred, the sentence may be harsher. Jail time of 96 hours to 6 months can be imposed, along with fines up to $1,000 and a six-month license suspension. Offenders are also expected to attend alcohol education classes.

1st Offense DUI Utah Ignition Interlock Device Penalty

Some offenders are required to have an ignition interlock device install in every vehicle they own. An ignition interlock device is a device that is installed in a vehicle and tests a breath sample of an offender each time they attempt to start the engine. If the offender has any alcohol in his or her breath, the vehicle will fail to start and they will be unable to drive. These devices have both proponents and critics. Those who support ignition interlock devices think they cut down on driving under the influence. Critics of the devices believe they do not work because offenders could easily ask a friend or relative to breathe into the device if they have been drinking. The device would read that breath sample and allow the vehicle to be started even if the offender had been drinking. This can allow repeat offenders to get away with driving under the influence even though ignition interlock devices are supposed to prevent it from happening.

If you have been arrested for drunk driving, chances are you too are asking yourself if you really need a DUI Lawyer or not. The answer will depend highly on your situation. If this happens to be your first offense ever, and there are no other offenses, then you might be able to get by without a lawyer. However, if you are a repeat offender you will definitely need the help of a DUI Lawyer as the law is stricter on those who fall in this category. Before deciding if you need a lawyer or not, make sure you get to know the DUI laws of your state. Find out how much fines or jail time you will need to do if you fail your own case. This will help you to reach the right decision.

If you have chosen to get a lawyer, you have made a good choice. The lawyer would have more back ground and experience than you and will be better able to help you get a lower jail time or fine. If you feel that you might not afford a lawyer, try discussing the payment plans with them first. Law firms often have payment plans such as credit payment plans, discounts and flexible payment plans to help you engage their services.

There are a few things you should consider when finding and choosing your lawyer:

· Find a lawyer that specializes in DUI cases as they will be better versed with the court system and prosecutors so they can negotiate a better deal for you.

· Make an appointment for a consultation with the lawyer. This should be done free of charge as this is merely a consultation, you are not hiring them yet. You should be able to decide if you want to work with them by the end of the discussion and they would have explained to you what to expect when you have to stand trial.

· Find out how much everything will cost you. Find also if there are any added fees that you would have to pay that is not included in the representation fees. Also ask about circumstances that would increase the cost even more and if they are willing to offer you a payment plan.

· Meet up with at least 2 or 3 lawyers so you would have at least 2 or 3 price quotes. Choose the one you think is best for you. Besides, meeting more lawyers will provide you with more information to make the right decision.

· Read up on the laws concerning DUI so that you are up to date on the current news on fines and jail times. Make sure you know what you are getting yourself into.

As with any criminal charge, a person charged with driving while intoxicated (DWI) or driving under the influence (DUI) is presumed innocent until proven guilty. If guilt is established (often through the defendant’s own plea or after a jury trial), the penalty will depend on state law, as well as on any aggravating circumstances (such as the presence of an open bottle of liquor in the car) and the defendant’s cooperation with the police.

Jail Time

In all states, first-offense DUI or DWI is classified as a misdemeanor, and punishable by up to six months in jail. That jail time may be increased under certain circumstances. For example, some states mandate more severe punishments for DUI or DUI offenders whose blood alcohol concentration (BAC) at the time of arrest was particularly high—for example, .15% or .20%, very high considering the legal limit of .08%. Currently Utah has a .05% limit.

Many states also require minimum jail sentences of at least several days on a first offense. Subsequent offenses often result in jail sentences of several months to a year.

For a DUI or DWI that’s been classified as a felony—either because the driver killed or injured someone or because it’s the driver’s third or fourth DUI—jail sentences of several years are not uncommon. Again, this depends on state law, the facts of the case, and the discretion of the judge at trial.

Fines

In addition to jail sentences, courts can and do impose high fines for DUI or DWI. These range from $500 to as much as $2,000.

Driver’s License Problems

A DUI or DWI offender stands a good chance of having his or her license suspended for a substantial period of time (either by court order or mandate of the state motor vehicles department). For example, many states suspend a first offender’s license for 90 days; a second offender’s license for one year; and a third offender’s license for three years. Refusal to take a blood, breath, or urine test can result in a license suspension regardless of the finding of guilt, in addition to other penalties in many states.

However, sometimes it’s possible to obtain a “hardship license” to drive to and from places like work and school during a suspension.

Some states take further steps to make sure the person (particularly a repeat offender) doesn’t get back on the road. The state may confiscate the car or cancel its registration, either temporarily or permanently. Or the state may require an ignition interlock device (IID) to be attached to the DUI or DWI offender’s car. This device requires the driver to blow into a small handheld alcohol sensor unit attached to the dashboard. If the person’s BAC is above a preset level (usually .02% to .04%), the car won’t start.

Alternative Forms of Punishment

A number of states’ court sentences may include alternative sentencing, such as alcohol teaching and prevention programs, treatment for alcohol abuse, assessment of a person for possible alcohol or drug dependency or addiction, and community service or victim restitution. The judge may recommend these steps instead of jail time or paying fines, most likely for a first offender. Or the judge may combine them with other penalties. In Texas, for example, minors convicted of a DUI must perform community service, in addition to any other penalties.

Young Offenders

A minor who is arrested for driving while under the influence of alcohol or drugs won’t get any breaks from punishment — in fact, being young is likely to make matters worse. The legal drinking age is 21 in most states, so drinking before that age is a separate crime. In addition, some states penalize underage drivers based on lower BAC levels than the standard .08% for adults, typically .02%. The state may impose adult sentences on minors, and underage DUI offenders are likely to have their licenses suspended for one year.

Other Consequences

In addition to legal penalties, the driver’s insurance company may cancel the insurance policy or drastically increase the rates because of the hit to the person’s driving record. And a drunk driving charge stays on a person’s driving record for many years. Plus, if the driver’s license is suspended, the insurance company is likely to cancel the insurance policy. Certain jobs may be closed to those who’ve been convicted of DUI or DWI, such as driving a school bus, delivery van, or any other vehicle as part of their employment.

Finally, the driver may face a separate civil lawsuit if accident victims decide to sue for property damages or bodily injuries.

Criminal DUI Defense Attorney Free Consultation

When you need legal help and protection from a DUI criminal charge in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

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from Michael Anderson https://www.ascentlawfirm.com/how-often-do-first-time-dui-offenders-go-to-jail/