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Any driving under influence (DUI) conviction comes with associated penalties like jail term, fines and charges, admission to driving school, installation of ignition interlock device and so on. However, the penalties acquire further severity in case the impaired driver kills another while driving in an intoxicated state.

If you were facing any such charges, you need to consult a DUI lawyer immediately. Why is this necessary? Here are the penalties for manslaughter and vehicular homicide as applicable in Florida. This would give you a good idea about what you may have to endure in the absence of proper legal defense.

As per s. 316.193 (3), F.S.: Considered a felony of the second degree, DUI manslaughter and vehicular homicide carries with it jail term of maximum 15 years and/or maximum fines of $10,000.

Leaving the scene of the accident enhances the crime and makes it a felony of the first degree. The jail term may increase to a maximum of 30 years if the impaired driver knows, or should have known, about the accident, and fails to report it or provide necessary assistance to the victim.

If you think that your impairment could actually save you from being charged with murder, you need to think again. Many also have a misconception that as the car is not a weapon no homicide charge could stand its ground. However, these are not correct. These crimes fall within the involuntary manslaughter category and are very serious indeed.

What you need to do is find a Miami DUI lawyer immediately if you were facing drunk driving related manslaughter or homicide charges. How could a lawyer help? Only a lawyer has a clear idea about how the legal procedure works in such cases. Therefore, he/she is the only one who can assess the legality of the procedure.

Only capable and timely defense could save you from the penalties associated with such crimes. Moreover, as per Florida laws, a drunk driving record is never expunged. Therefore, if you do not take necessary steps to prevent conviction at the trial stage, chances are that the record would always be there, coming back to haunt you.

What possible defense is there in such a case? Only a competent DUI lawyer would be able to tell you the defense strategy that may work in your case. May be you were under the influence of prescription drugs or may be it was the other person’s negligence. Without proper investigation and careful analysis, it is impossible to find out the proximate cause of the accident.

Originally published here.

In Rhode Island, DUI, driving under the influence, is known as an OUI, operating under the influence of alcohol or drugs. Rhode Island employs many methods to catch drunk drivers, including blanket patrols, mobile videotape, and the publication of enforcement campaigns. Rhode Island has some unusual, and strict, dui laws, probably in response to the state’s poor drinking and driving statistics.

In 2006 (the most recent year for which statistics are available), 46% of the total number of Rhode Island’s traffic fatalities were alcohol related. Also, the State has one of the highest rates of people who refuse to take a chemical test to determine blood alcohol concentration (BAC) levels. Therefore, such a refusal now carries its own criminal penalties, including community service, OUI education classes, and fines, as well as other sanctions. In addition, administrative penalties include driver’s license suspension. The State does not allow hardship, restricted, or work licenses. Therefore, if your driver’s license is suspended or revoked, you will not be able to drive in Rhode Island – period.

A DUI in Rhode Island brings some serious penalties, which increase to correspond to high BAC levels. Even your first offense can bring up to one year in jail, and/or between 10 to 60 hours spent in community service. If your BAC was up to .08, the fine ranges between $100 and $300; if your BAC was up to .15, the fine ranges from $100 to $400; and if your BAC was above .15, the fine will be $500. No matter your BAC score, there will additionally be a highway assessment of $500. You are also required to attend a special course on drinking and driving. Administratively, your license will be suspended  from 30 to 180 days for a BAC score up to .08, from three months to 12 months for a BAC score up to .15, and from three months to 18 months for a BAC score above .15.

Rhode Island only has a five-year look-back period. This is the period of time that a Rhode Island DUI remains on your record. If you have a second dui arrest within five years of the first, you have a “prior,” and the judge will increase the dui penalties. Five years after a misdemeanor dui arrest, you can hire an experienced dui attorney to guide you in having the arrest expunged from your record. If your DUI was a felony, the record can only be expunged after ten years. However, your record must be clean of any other arrests, and you must maintain a clean moral character. And since Rhode Island participates in the Interstate Driver’s License Compact Agreement, any OUI or dui convictions from another state may also be counted as a prior conviction.

Originally published here.

Troy Slaten, Esq. Drunkdriverlaw.com.Call (877) MR-CA-DUI