According to the Minnesota Department of Public Safety, an average of 70 people were arrested for DWI each day across the state in 2014. Sometimes, those who find themselves in this situation choose to handle the issue on their own instead of hiring an attorney. Even if they have never been arrested for an alcohol-related offense before, however, it may be helpful for drivers who have been charged with DWI to obtain legal representation.
Understanding of the laws
There are a number of intricacies involved with the drunk driving laws in Minnesota. For example, people may face tougher penalties depending on their prior arrest record and their blood alcohol concentration level at the time of their arrest. DWI attorneys are familiar with these
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That said, many are of the belief that they cannot be arrested for DWI if their BAC level is under that limit. However, that is not necessarily the case. The Minnesota DPS points out that people can be arrested if they are under the limit. This is the case if the authorities can show that alcohol consumption or drug use caused them to make driving errors.
Unlike the average person, DWI lawyers know what to question when it comes to drunk driving traffic stops. Furthermore, they are aware of the rights that drivers have during such stops. By calling a stop into question, they may be able to show that a driver’s rights were violated, and thus, his or her arrest was invalid.
Countering the evidence
Before arresting drivers for DWI, law enforcement officers often ask them to perform field sobriety tests and to submit to breath tests. The authorities then use the results of these tests as evidence to support the motorists’ arrests. Legal representatives who focus their practice on drunk driving defense are familiar with the factors that may affect the outcomes of these tests. Therefore, they are able to question test results, which otherwise may seem incriminating and
"State Estimates of Drunk and Drugged Driving." The NSDUH Report. 31 May. 2012: n.p. SIRS Issues Researcher. Web. 19 Feb. 2014.
A DMV hearing takes place at the DMV, not the court, and focuses on license suspension and revocation. A DMV hearing is offered to those who have been pulled over for DUI and gives that person a chance to explain the situation and the details surrounding their arrest in an effort to keep their license from being suspended or revoked. A DMV hearing is highly recommended and will better your chances when it comes to keeping your license. It shows that you care and you want to take responsibility for your actions. What the court decides and what the DMV decides about your case are two different things. The court can dismiss or lessen the charges with your case, but that doesn’t mean the DMV will do the same. You have to deal with each separately. At your DMV hearing you have the right to be represented by attorney, you can present any evidence and/or bring witnesses, cross-examine opposing witnesses, and as an entirety this is your chance to have your case be reviewed by an impartial person. You or your attorney can request any evidence that the DMV has about case. The evidence needs t...
Therefore, the NTSB put out a recommendation last May that the legal blood alcohol content (BAC) level for drivers should be lowered from the current level of.08% to.05%. But for several reasons, we shouldn’t lower the criterion on blood alcohol content. Lowering the criterion on blood alcohol content would make a lot of responsible social drinkers become criminals. A 170 pound man could get to.05 by drinking three beers in an hour, and a 137 pound woman by drinking just two, which means that the man could be legally impaired if he had three drinks, but the woman could earn a set of handcuffs with only two drinks. According to “Lower the BAC level for DWI to.05%,” Jazz Shaw makes a similar point.
Driving under the influence is extremely dangerous. Those who drink and drive tend to have an increased risk of car accidents, highway injuries, and vehicular fatalities. However, there are countless ways to prevent drunk driving. Professor David J. Hanson at the sociology department at the State University of New York states that “designated drivers have saved nearly 50,000 lives and spared many more thousands of people from suffering injury from drunk driving. It is a proven fact that almost 30 people in the US die every day in a motor vehicle accident involving a driver impaired by alcohol.” Every accident caused by drunk driving is one hundred percent preventable.
There is knocking at a door late at night, and there a policeman standing at the door with information that a family member was in an accident that involved a drunk driver. This is one of those things people hear and believe that it will not happen, but it happens every day. Every 40 minutes, someone in the U.S. is killed by a drunk driver and in 2008, in Montana, 40 percent of all traffic fatalities involved DUIs (“Drunk Driving” 1). Drunk Driving affects everyone and people in Montana should look at what other states do to find ways to make the laws tougher and more enforced.
Drunk driving is an issue that effects many people across our nation. People do not realize the affects alcohol can have on the body and mind that slow decision making while driving. This issue begins in the home. Children see their parents, or other adults figures, have a beer or a cocktail and get in the car. Thus, making it seem like it is acceptable to drink and drive. “One in three people will be involved in an alcohol-related crash in their lifetime” (MADD).
The most obvious cause of drunken driving contains a blood alcohol content above the legal limit, while operating a motor vehicle (Thomson, 2001). Another cause of drunken driving is due to the fact that drivers may believe that they are less drunk than they actually are (ReachOut). Other causes of drunken driving are that the driver may contain false confidence about his driving skills and alcohol suppresses the ability to make rational decisions (ReachOut). Lastly, one big issue that causes drunken driving is peer pressure. This occurs when the driver’s peers are pressuring the driver to take them somewhere (ReachOut). With all of these causes comes several
Drunk driving has been an increasing problem for many years. One issue that contributes to this is that in the United States it is actually legal to drive with a certain alcohol percentage. The blood alcohol limit is 0.8 percent (Drunk Driving). This means that a person may drive legally as long as they have a blood alcohol percentage of 0.8 percent or under. However, even at a percentage of 0.3 there may be some impairment of alertness and concentration (Drunk Driving). Driving requires fast reflexes that may be impaired at a 0.5 percent blood alcohol level but a person with this level of intoxication is not legally drinking and driving. Many people are arrested for drunk driving. In 2009, more than 1.4 million drivers were arrested for driving while under the influence (Drunk Driving). In addition, “an average drunk driver has driven drunk 80 times before their first arrest” (Get Involved). Therefore, there were a minimum of 112 million accounts of drunk driving in 2009 alone. Drunk drivers also cause an increasing number of deaths. Drunk drivers in the United States c...
Approximately one million people are injured in alcohol-related traffic crashes every year, and young people, ages 16 to 24 are involved in 28% of those alcohol-related driving accidents. Drunk driving not only puts yourself in danger, but those around you. Drunk driving in Wisconsin doesn’t have strict laws. The fine for drunk driving in Wisconsin on the first offense ranges from 150-300 dollars. You could’ve killed someone. A life doesn’t cost 300 dollars. Life is priceless. Drunk driving in America is a large reason for injuries or deaths of young adults and teens.
Apart from the apparent accident, victims may fear that the first crime will reoccur in the future. The fear, confusion, and hatred affecting accident victims, coupled with inaction by the judicial system may provoke others to also engage in drunk driving. Sometimes, the defense attorneys front a rationale that the suspect has mental issues and thus their actions cannot be counted on them because of psychological impairment (Karjalainen, Lintonen, Joukamaa, & Lillsunde, 2013). The dismissal of cases of cognitive dissonance increases the chance of the offenders repeating the action. Furthermore, even the courts know and classify these individuals as mentally ill patients in need of treatment and management of their
In an attempt to combat the issue of DUIs, a national minimum BAC level of 0.02 has also been set for drivers under age twenty one and has reportedly saved hundreds of lives for drivers between the ages of eighteen to twenty years. Educational programs in schools and communities focused on the advantages of using “designated drivers” as well as public education and lobbying groups; such as Mothers against Drunk Driving (MADD) and Students Against Drunk Driving (SADD) have also yielded positive effects in the reduction of DUIs (Levinthal, 2011).
The importance of DUI laws shows itself greatly when it comes to saving lives. Pulling over a driver under the influence of drugs or alcohol could potentially save a life. A lot of DUI laws have been passed over the years and the penalties and consequences for someone getting a DUI have become more severe and have far worse consequences and can impact their careers/ jobs and future plans. New Mexico’s first time DUI penalties start as small as Jail, up to 90 Days, License Suspension, up to 1 Year, Ignition Interlock for 1 Year, DWI School, Alcohol Evaluation and Comm...
Approximately one-third of individuals arrested for driving under the influence (DUI) in the United States are re-arrested, indicating that remedial interventions for DUI offenders are not completely effective. National Highway Traffic Safety Administration data indicate that “21-48% of drivers arrested or convicted for DUI had previous offenses for alcohol-impaired driving” (Lapham). When it comes to drinking and driving, society tends to make psychiatric excuses for repeat offenders of alcohol abuse. They are at times labeled as stressed, unemployed, substance abusers, to name a few. Should society be making excuses for these repeat offenders or actively ensuring that they do not become a danger to themselves or innocent individuals on our roads? So much is spent on rehabilitating these DUI individuals but their nonchalant re-occurring actions prove that mandatory jail time should be instituted to curtail the negative and deadly behavior they por...
Driving under the influence is one of the most common and dangerous situations in which anyone can be or be placed. Drinking and driving is a serious offence that can cause someone to be physically harm or even killed. Not only are you putting yourself at risk but you are also risking the lives of passengers in the car as well as any other car and occupants sharing the road with you. Many people believe that increasing fines for drunk driving offenders will play a compelling role in cutting down the occurrences of driving under the influence. However, while harsher DUI laws will look effective on paper, they will not make a significant step in the fight against drunk driving. Although there is a law enforced for drinking and driving in the
Dreams are people’s expectations for a better tomorrow. However, intoxicated drivers shatter those dreams without a reason or warning. Even with all the advertisements that highlights the dangers and effects of driving drunk, yet people still chose to drive while intoxicated. Many advocates are working hard to get these people off the streets, and they have been able to reduce the number of alcohol related crashes. Organizations such as Mothers against Drunk Driving have acted alongside law enforcement to reduce the horrific statistics. However, so many innocent lives are still taken by drunk drivers. In order to lower the rate of drunk driving in the United States, there is a need to revoke drunk drivers’ licenses, a need for higher rate of conviction, and a need to make ignition interlocks