California DUI Law: The Difference Between California Vehicle Code 23152 (a) and 23152 (b)
Will Utah delay.05 percent DUI law?
SALT LAKE CITY – It’s inevitable that state lawmakers will tinker with Utah’s new.05 percent DUI law set to take effect at the end of 2018, and no options are necessarily off the table, Gov. Gary Herbert said Thursday. Those options may include pushing pause on when the law takes effect to let other states pursue the lower standard for driving while intoxicated. As it stands now, Utah’s legal blood alcohol limit would be the lowest limit in the nation. Herbert, speaking to reporters at his monthly KUED news conference, said the controversial law won’t be on the agenda for next Wednesday’s special session of the Utah Legislature because it deserves more robust discussion. In Utah’s neighboring state, the enforcement of the lower limit is accompanied by penalties that are less severe than violating the.08 blood alcohol threshold. Herbert, too, said he wouldn’t rule out possibly delaying the implementation of the new law until other states adopt the stricter standard. Utah’s new DUI law has garnered national outrage from the American Beverage Institute, which has targeted the state in full-page ads hypercritical of the lower threshold. The Washington, D.C.-based organization asserted in advertising this summer that notable Utah politicians age 65 and over, including Herbert, may be too impaired to drive because they are older. The American Beverage Institute, joined by local hospitality associations, assert the lower threshold will deter tourists – and the money they spend – from visiting Utah. On Thursday, Herbert said he’s heard anecdotal information from law enforcement that the law is already having an impact on DUI incidences because of people who believe it has already taken effect.
Maine’s OUI Laws Explained
In Maine, if you are driving a motor vehicle with a blood alcohol content of.08% or more, you are guilty of a criminal offense known as Operating Under the Influence. Drivers under 21 with a BAC of.08% or more can be prosecuted for the criminal offense of OUI, but the license suspension must be for one year. If you refuse to take such a test for alcohol or drugs, your driver’s license will be immediately suspended. Testimony from the arresting officer regarding your driving performance can result in an OUI conviction even without the BAC test! If you are found guilty of OUI based on the police officer’s testimony, your refusal to take a test will be considered as an aggravating factor by the judge and another suspension, as well as mandatory jail time, will be tacked on. A conditional license can be suspended for a period of two years for any refusal to submit to a blood-alcohol test, a penalty which will be added to any suspension previously handed down for an OUI conviction. Refusal to be tested results in a loss of license for at least 275 days which is consecutive to any suspension imposed for an OUI conviction. Every driver involved in a fatal motor vehicle crash, or a crash where a death is likely to occur, must submit to a blood alcohol test. If the Secretary of State is satisfied a driver, while under the influence of alcohol or drugs, negligently operated a motor vehicle in such a manner as to cause the death of any person, the Secretary shall immediately suspend the operator’s license for at least three years. A conviction for vehicular homicide can result in a prison term of up to 30 years and a permanent loss of your driver’s license if alcohol is involved.
New DUI law causes confusion, unequal justice
The 51-year-old man became one of the first defendants in the state to see the effect of a stiffer DUI law that weighs previous drunk-driving offenses from up to a decade. While the judge in Adair County deemed the new law retroactive, allowing prosecutors to reach back 10 years, other judges in Kentucky have not. The result is unequal treatment for the same law depending on the judge who hears a DUI case. One of the sponsors of the bill, Sen. Dennis Parrett, D-Elizabethtown, said in an interview that legislators had intended the law to be retroactive, even if it doesn’t specify it. If the courts don’t work the issue out, Parrett said legislators could amend the law to specifically say it is retroactive during the legislative session that starts in January. Jefferson County Attorney Mike O’Connell is confident that most courts, including appellate courts, will rule the law is retroactive. O’Connell said when the law took effect in April, people with past DUIs were put on notice that any convictions within the last 10 years could be used against them if they drove drunk again. Another Supreme Court case O’Connell cited, in which previous DUI convictions were allowed to be used to enhance penalties under a then-new state law, was also cited by Judge Anne Delahanty used to rule in favor of prosecutors. Defense attorneys say the law is flawed and could have implications beyond just how current DUIs are handled. Simms, who is appealing DUI cases in Jefferson and Hardin counties, said if prosecutors use past convictions – where defendants had entered into a plea bargain under the five-year look back law – defense attorneys could ask that those old cases be overturned.