A Little Known Drunk Driving Fact

Many people believe that New Year's Eve is the night when the most drunken driving accidents occur but they are wrong; New Year's Eve runs a distant second to the holiday that statistically has the largest number of drunk driving fatalities—Thanksgiving.

Many people know that Thanksgiving is a time with family, and people often feel the need to drink more around family and have a good time. However, this drunk driving fact is no laughing matter. At your next Thanksgiving dinner, give thanks for the health of those you are with and make sure that they get home safely.

Consult an Attorney After a Drunk Driving Crash

Drunk driving can have long lasting affects on everyone involved, especially in the event of a drunk driving crash. Whether you are the driver or the victim of a drunk driving crash, it is in your best interest to speak with an attorney as soon as you can.

• Drivers: Become well aware of your rights so that you can protect yourself
• Victims: know your rights with regard to medical and auto coverage for damages as well as for civil advice

*Attorneys are often a necessity after a drunk driving crash and you should be prepared. Use the Internet and yellow pages to find a local attorney who specializes in drunk driving crashes. Protect yourself and know your rights.

Boating Drunk - An Underestimated Danger

While driving an automobile is mostly a necessity for travel, boating is usually a more social device. When people go boating, they are most often enjoying a long day of sun and fun and, often they have a few drinks—this leads to many occurrences of boating drunk.

Boating drunk is a danger that many people do not take into consideration (when you combine alcohol with a day of absorbing solar rays and exhaustion, boating drunk can quickly become disastrous). Many waterways are filled with traffic and boats are getting bigger and bigger while personal watercraft remains smaller. Imagine what a drunk driver in an 18-wheeler would do to a motorcyclist on the road; boating drunk when captaining a large vessel can have similar results for a Jetski user.

*Next time you are boating, do not forget that you alcohol consumption will be enhanced by the heat and think ahead before heading in.

December is National Drugged Driving Month

Recently, the National Center for Injury Prevention and Control announced that December would be their National Drugged Driving Month. This is in an effort to bring more attention to the problem of drugged driving. Here are a few facts about drugged driving:

• Drugs other than alcohol are involved in almost 19% of motor vehicle driver deaths
• Often, these drugs (such as marijuana or cocaine) are used in combination with alcohol

Hopefully, the publicity will attract far more attention to drugged driving and reinforce the current awareness programs in effect across the country. And, as with drunk driving, electing a designated driver can help.

Different States - Different Legal Blood Alcohol Levels

Even though drunk driving has similar results no matter where it happens, your location can play a large part in your legal blood alcohol level. Each state mandates its own legal levels of blood alcohol concentration. These range greatly.

If you will be traveling and may be presented with a situation that could lead to possible drinking, make sure you know local limits. It is always best to not drink at all before driving. However, it never hurts to know the legal blood alcohol level where you will be driving.

DUI Convictions and the Washout Period

Many states have something called a "washout period" for people convicted at a DUI trial. The period varies from state to state, but the washout period is basically the length of time when another drunk driving offense is considered a second or third offense. After this time is up, the original conviction "drops off" and any new DUI incidents are treated as a first offense.

Some states keep that first offense on the books a long time. The California washout period is 10 years, calculated from the date of the first offense to the date of the second. If you find yourself in need of a California DUI lawyer, one of the first things a competent lawyer will do is check to see if you are affected by the washout period. Be sure to mention that you want these dates checked, no matter what state you live in.

Blood Test vs. Breath Test

If you are given the choice between a breath test and a blood test during a DUI stop, there are two important things to keep in mind. First and foremost, chemical test refusal is tantamount to pleading guilty on the spot. The second thing you should seriously consider is asking for a blood test instead of a breath test. This DUI test is very helpful in many cases, because the evidence can be retested at a later date in case of a botched initial test.

A breathalyzer test cannot be re-accomplished later. If you get a false positive for a driving under the influence, you are basically stuck with those results unless a competent DUI lawyer can contest the evidence of the breath test. If you are being wrongly accused of illegal behavior under the local drunk driving law, the blood test may be your best friend.

Am I Ineligible For a Diversion Agreement?

A diversion agreement means you must plead guilty or no contest to a DUI charge, then attend DUI school, rehab, counseling, or any other court-directed program. First DUI offenders are eligible for this in most cases, but there are notable exceptions you should be aware of.

Many states consider those who carry commercial driver's licenses such as truck drivers, chauffeurs, and delivery people to be ineligible for a diversion agreement. Also, most state laws say any crime such as murder, manslaughter, and negligent homicide connected to a motor vehicle will automatically render the offender ineligible for the diversion program.

As always, it is best to consult a lawyer savvy in DUI law to learn what your best option may be, with or without a diversion program, DUI school, etc.

Driving While Intoxicated

The definition of DWI or DUI is not limited to alcohol and illegal drugs. Any substance that can affect your judgment falls under the law.

If you are stopped under suspicion of driving under the influence of drugs or alcohol, the officer may ask you to participate in a chemical test. Some drivers may confuse this with a field sobriety test and try to refuse. What these drivers don't realize is that chemical test refusal will be used against them in court as proof that the driver was conscious of his or her illegal actions. In a drunk driving stop, never refuse the chemical test. You may have the option to request an impartial tester or go to the station house to be tested instead of "in the field". These options depend greatly on the drunk driving laws of state you are in, but if the option is there, exercise it and give yourself the best possible chance at having a test administered by a fully trained technician.

Do I Get My License Back if I Was Found Not Guilty?

If your DMV hearing resulted in a continuation of your driver license suspension, this suspension remains in effect regardless of the verdict at the trial. You may not receive DUI punishment, but the Department of Motor Vehicles in your state will need to review your case and make a determination on the status of your license suspension.

A not guilty verdict is not an automatic restoration of your driving privileges. You will need to contact the DMV to learn what to do next, and how long the process may take in your state. This is one of the unfortunate effects of the DUI arrest ordeal, and even though you are found not guilty, you still have to comply with DMV rules until the matter is settled once and for all.