Dui ?

[olefafl]

A coworkers son-in-law was picked up for DUI/DWI. (Good job cops :thumbsup: ) From what the coworker told me, when he was pulled over he didn't take a breath test & didn't take one at the station. The coworker said when you don't take a test they hold you for 24 hours, but if you do take the test and blow "drunk" they hold you for 48 hours. His wife said "your freinds were with you when you got picked up, they can bring you home" :-D He got out at 3am.

I thought that if you refused the test it was jail time and no lic. for some time.

This is IN if that makes a difference.

BTW I got stoped at a DUI check point on Sat. night. The cops were very nice, asked if I had anything to drink today, told them only Coke, they checked my lic. My 3 year old son was telling the cop on his side about going into the carwash :lol1: and I went on my way in about 5 min. The officer on my son's side, when we were done, said something like "Sorry for the inconvenience." I replied, "No problem. Keep it up!"

 

[SVT Abuser]

so, are you happy your friends son in law was busted? mixed message i am getting from you (or maybe Not a mixed message)

every state is different...in IL, he probably would not be convicted on 1st timer, it would be about 1K in lawyer fees and probation...(my wife is a lawyer in chicagoland area)

I think the general opinion is, NOT to blow at all costs....if u have to wonder, u shouldnt blow, i guess is the logic, if u blow u are giving concrete evidence of if u are drunk and by how much it measures...anyhoo, thats the scoop

 

[mswaim]

In CA you have your choice of three different tests. If you refuse to blow or pee, you will bleed - like it or not. The state supreme court (and now the supreme court) has ruled that forcing a blood test is okay as long as the method does not shock the consciousness of the court. In other words, you can't poke a hole in someone and catch the spilled blood, however you can restain a person and take blood using standard protocol.

On the flip side, refusing a test assures your license suspension, although if you refuse and blood is forced - it's still considered a refusal so your license will still be suspended.

I'm confused by the info regardng IL DUI punishments, here is what I found in a quick search, followed by info on the state of IN:


DUI arrests in Illinois trigger two separate cases: the court case, where the punishment can include jail, fines, a suspended driver's license, required alcohol education classes, and more. A drunk driving arrest will also trigger an administrative driver's license suspension that can only be fought if there is a timely request for a hearing. This is just one of the reasons it is so very important to contact a DUI lawyer immediately by calling Toll Free 1.800.DUI.LAWS if you or someone you care about is charged with drinking and driving.

Even though this may seem like double-punishment for one crime (a violation of the Double Jeopardy clause of the Constitution), the Illinois Supreme Court recently held that a summary suspension of a driver's license is not punishment and therefore does not violate the double jeopardy clauses of the Illinois or U.S. Constitutions.

The DUI Court Case

A first-time or second-time DUI is typically charged as a misdemeanor, not a felony. However, a third-time DUI, or a drunk driving case where someone suffers great bodily harm will be treated as a felony.

A first offender can receive court supervision, only once, which will not be viewed as a conviction. The criminal case is dismissed after successful completion of court supervision, but can't be expunged from the public record.

DUI convictions: Driving under the influence of alcohol and/or drugs will cause mandatory revocation of your driver's license, plus criminal penalties of up to 364 days in jail and a fine up to $2,500.

If you are convicted of a DUI, your driver's license and driving privileges will be revoked for a minimum of one year for the first offense, five years for a second offense committed within a 20-year period, and 10 years for a third or subsequent offense.

DUI conviction for those under age 21 at the time will result in your driving privileges being revoked for a minimum of two years for your first offense; for five years or until your 21st birthday, whichever is longer, for your second offense; and for 10 years for a third or subsequent offense. If you meet conditions set by the Secretary of State, you can get a restricted driving permit, good for 1 year, which generally allows driving only between 5 a.m. and 9 p.m. After that, you can apply for (but are not assured of getting) a regular driver's license. Those are the penalties for a first offense. For a second offense within 20 years, the same criminal penalties apply, your license will be revoked, and you cannot apply for another license for 5 years. You can also be sentenced to 48 hours in jail or 10 days of community service. For a third conviction, which is a class 4 felony, you can be imprisoned up to 3 years and fined up to $25,000; your license will be revoked; and you cannot apply for another one for 10 years. For a fourth offense, you can be imprisoned up to 3 years, fined up to $25,000, and can NEVER AGAIN legally drive.

The DUI Driver's License Case (Statutory Summary Suspension)

If you are arrested for Driving Under the Influence (alcohol, drugs or combination thereof) and test above the legal limit (.08%) or refuse to submit to a test, your license will be suspended starting 46 days after the arrest as the result of an action automatically taken by the Secretary of State. Before the suspension starts, you may request to have a hearing in court, which will stop the suspension. Also, you may be eligible for a Judicial Driving Permit license for work or medical reasons while your license is suspended.

If a person refuses to submit to chemical testing or submits to a test disclosing a blood alcohol concentration of .08 or more, his or her license will be suspended on the 46th day from the date of service with a notice of suspension (also known as the law enforcement sworn report).

The length of suspension is as follows:

Three months for "first offenders" (those without prior DUI's in the past five years) who have an alcohol concentration of .08 or more.
One year for persons with a BAC of .08 or more who are not first offenders.
Six months for "first offenders" who refuse any or all testing; and
Two years for those who refuse chemical testing who are not "first offenders."
The term "first offender," as used in the above paragraph, is somewhat misleading. Those with a prior DUI conviction, court supervision, or reduction to reckless driving more than five years before the date of current arrest are considered first offenders even though they are ineligible for court supervision on the criminal charge of DUI. It is proper to inform a person that he is a first offender even though he is not eligible for court supervision because the civil suspension and criminal proceedings are separate and distinct.

Judicial driving permits

Only first offenders are eligible for judicial driving permits. JDPs are issued by the judge, and allow a person to drive to and from home to work, school, medical treatments (for any family member) and alcohol treatment from the 31st day of the suspension until the end of the suspension period.

Non-first-offenders who fail chemical testing may apply for a restricted driving permit from the Secretary of State. Non-first-offenders who refuse chemical testing are ineligible for any hardship licensing during the entire two-year period. However, a recent case has held that the lack of hardship relief to non-first-offenders who refuse testing violates equal protection and due process, and thus the trial court rescinded the two-year suspension. This case is presently on direct appeal to the Illinois Supreme Court.



Indiana OWI cases (short for Operating While Intoxicated) can be prosecuted on one of two theories: Either the state will try to prove that a person was operating a vehicle at a time they were intoxicated (meaning that they suffered a loss of control of their normal thought and faculties as the result of consuming alcohol and/or drugs), or by violating the per se law, meaning that they drove with a blood alcohol level of .08% or more.

OWI cases in Indiana are generally misdemeanor offenses, but the penalties in Indiana drunk driving cases can increase dramatically in cases where the alcohol level is .15% or more.

Drunk driving laws in Indiana are unique in one respect: Indiana OWI arrests result in the law enforcement officer selecting a choice of blood, breath or urine testing to determine the alcohol content of the person arrested for drunk driving. The person arrested for drunk driving in Indiana has no right to select the test, nor any right to consult with a lawyer before deciding whether or not to submit to the test.

The policeman is supposed to take your license at the time of your arrest and give you a receipt for it. You are not suspended when the officer takes your license. In fact, you can apply for a duplicate license until your suspension by the Court or the Indiana Bureau of Motor Vehicles (BMV). A duplicate license is a great idea for identification purposes to save you humiliation when asked for I.D. Of course, once the Court or BMV tells you that you are suspended, you can no longer drive and your duplicate license is not valid for driving or identification.

In Indiana there are at least three (3) recidivist or repeat offender consequences for OWI. First, and most serious, Indiana has a habitual substance offender statute that could yield up to 8 additional years in jail if filed against a client with two (2) or more prior offenses. Second, a felony OWI in Indiana usually involves a prior offense within 5 years of the current charge. Finally, habitual traffic violator status is imposed on OWI offenders who accumulate three (3) OWI's in a ten (10) year period. Therefore, the prior offenses can be an important part of the case. Your lawyer must examine the validity of the prior offense and determine if post-conviction relief might eliminate one of those offenses.

If you are convicted of OWI in Indiana, a range of punishment can be imposed.

First offenders can expect probation, payment of restitution, a license suspension and payment of court costs. Many courts require a jail sentence, even for first offenders, especially if the OWI involves an alcohol level of .15% or more.
Second offenses carry greater penalties. A felony may be imposed and reduced later; jail time may be required; probation; road crew; public restitution; home detention; and increased costs. 6 months to 1 year is a typical license suspension for a second-time OWI.
Third or subsequent offenses largely depend on the timing of your prior offenses. If you are habitual traffic violator eligible, you will lose your license for 10 years, plus anywhere from 3-9 months of jail time and a lengthy probation. You may qualify for drug or alcohol court.
Indiana OWI lawyers know that cases involving accidents and injuries usually require jail in the event of a conviction.

These penalties do not reflect the additional administrative driver's license suspension imposed in Indiana OWI cases. In 1983, Indiana law changed to allow an administrative suspension of your driver's license if you either failed or refused a chemical test - defined as a breath, blood, or urine test for alcohol or drugs.

Your administrative suspension is for 180 days if you failed a chemical test or, for 1 year if you refuse a chemical test.

Unfortunately, the fastest way for a first offender to regain their driver's license is to plead guilty. From 1983 to the present, Indiana law has been written to coerce you to plead guilty if you want a quick and easy solution to license suspension.

A guilty plea in a first offense case typically will allow you to choose either a 90 day license suspension with high-risk insurance (SR-22) required, or, a 30 day license suspension to be followed by 180 days of probationary driving for work, school, or other proper purposes. High risk SR-22 insurance may not be required if you select a probationary license.

If you do decide to fight your case in court, it is still possible to obtain a "hardship" license if it is a first-offense case. You must file a lawsuit in the Circuit court of your home county. You do not qualify for a hardship license if you refused a chemical test.

 

[olefafl]

I am very happy a drunk(?) was taken off the road.

I forgot to add he was picked up about 10 years ago for DUI/DWI.

My mom works for the BMV & I asked her about not taking a test she said "you lose your lic.". (This info was also just posted)