The first part of the presentation included a graphic video featuring images of deadly DUI accidents. The second part involved a driving simulator. Organizer Brian Beldyga programmed the the high-tech system to mimic alcohol impairment.

“We put those reaction time delays in the simulator but then what you get to see is very natural in the human mind is something called tunnel vision and muli-tasking skills lost,” says Beldyga. Volunteers took a stab at the simulator as Beldyga entered different levels of impairment.

In essence the volunteers are driving sober, but the car is driving drunk.

“When you’re in the simulator you can see how your brain focuses on one major problem at a time, and there’s no alcohol involved. If this problem is going to happen sober when you’re worried about doing something wrong, guess what’s going to happen in the real world.”

Many volunteers earned a DUI citation after swerving or crashing into other vehicles. Beldyga hopes this driving demo is a wake up call.

“Too many people are dying. I mean, this is America’s number one most violent committed crime. This is where people get hurt in this country.”

According to the Save a Life Tour, two out of every five people will be involved in a drunk driving accident. Another statistic says about every half hour, a person is killed in a DUI crash.

Source : http://www.kswt.com/global/story.asp?s=10350812

In the past, a driver with two or more Illinois DUI convictions was required to obtain a Breath Alcohol Ignition Interlock Device. The BAIID is a portable breath testing machine that is installed in the motorist’s automobile. Before the vehicle can be started, the driver is required to blow into the machine. The BAIID instantly analyzes whether there is any alcohol in the driver’s system and will not allow the car to start if the amount exceeds a certain limit, for example, 0.025 blood alcohol concentration. At certain random intervals, while the car is being operated, the BAIID also requires the driver to submit to a retest. If the driver refuses or fails the retest, it is designed so that the car’s horn will start honking, giving notice to any police officers of a potential violation.

In the past, these multiple offenders were required to maintain a BAIID in every motor vehicle registered in their name, either solely or jointly, as a condition of the issuance of any driving relief, for a period of 12 consecutive months, regardless of the type of driving relief issued. While the DUI case was pending, petitioners could then ask the court to issue a judicial driving permit for the purpose of driving to and from work, to and from the doctor, or for education purposes, for example. These restrictions included not only the purpose for which the motor vehicle could be used but also the times and days. Petitioners were also required to attend and successfully complete a DUI education course and treatment appropriate for his or her classification, significant risk or not.

If a person lost his driver’s license, that person was entitled to file a petition for a hearing for a restricted driving permit before the Illinois secretary of state’s office pursuant to the Illinois Vehicle Code and the Illinois Administrative Code. The burden of proof is upon the petitioner for any relief in the hearing. The standard of proof is by clear-and-convincing evidence. This standard is less than proof beyond a reasonable doubt, which is required in criminal cases, but more than a preponderance of the evidence required in civil cases. Thus, the road can be somewhat difficult to hoe.

Generally a court reporter is not present at these administrative hearings, but the hearing officer will make a tape recording of it. At the hearing, the hearing officer will review the evidence presented consisting of the petitioner’s sworn testimony and exhibits such as the petitioner’s driving abstract and reports and records from alcohol and drug abuse counselors or treatment centers, and the petitioner’s request for hearing and application for driving relief.

The key issue at the administrative hearing is whether the petitioner would be a safe and responsible driver if granted driving relief, and that he would not endanger the public safety and welfare. In some cases the petitioner was also required to prove that the denial of the privilege to drive would impose an “undue hardship” on him.

Since the first of the year, judicial driving permits have been eliminated. Now, first-time DUI offenders who lose their licenses will have to apply for monitoring device driving permits. These permits will allow them to drive but only if the vehicle is equipped with a BAIID device. This is a major change in the law as previously a driver seeking reinstatement of his driving privileges was not required to get a BAIID device unless he had at least two or more DUI convictions. Obviously, this also drives up the cost associated with getting a DUI as there are fees involved for both the BAIID device itself and the monthly monitoring of it.

Another major change is the doubling of the summary suspension periods. There is a legal presumption that anyone with a blood or breath alcohol concentration equal to or greater than 0.08 is intoxicated.

Further, since a driver’s license is a privilege and not a right, anyone driving in Illinois is assumed to have implicitly consented to a blood, breath or urine test to determine the alcohol content in their system. Previously, first offenders who refuse an officer’s request to submit to such testing have their licenses statutorily summarily suspended for six months starting on the 46th day after the date of service of the notice. Ironically, the licenses of first offenders who did agree to submit but were subsequently found to have a BAC of 0.08 or more also had their licenses summarily suspended, but only for three months.

Under the new law, those suspension periods have doubled and a refusal to submit to a field sobriety test will cost you a 12-month suspension of your license. If you voluntarily take the tests and they show a BAC level of 0.08 or more, the resulting suspension will be six months.

One reason for the new law is statistics showing that the vast majority of DUI arrests made in any given year are first-time offenders. One good thing for motorists is that the terms of a MDDP are much broader than the former JDP. The new permits allow drivers to operate a motor vehicle any place they may wish to go, and at any time, as opposed to only certain times, days and for specific purposes.

All the more reason not to drink and drive, and to have a designated driver.

Source : http://www.suburbanchicagonews.com/napervillesun/business/1420158,6_3_NA09_LAWTALK_S1.article

The bill significantly strengthens the state’s DUI laws, toughening penalties for most first time offenses and all second and subsequent offenses, while removing community service as a sentencing option for second and subsequent offenses. In addition, the bill for the first time introduces a “tiered”; penalty system, with greater punishments for offenders who are grossly intoxicated. The bill also creates tougher penalties for refusing to take blood alcohol tests.

Most importantly, the new law removes a number of administrative loopholes that had been used in the past to give defense attorneys an advantage in court.

“This bill sends a clear message to law enforcement that we’re serious about giving them the tools they need to keep people safe,”; Gov. Sanford said.

“I’d give real credit to folks like Murrell Smith in the House and Larry Martin and Shane Massey in the Senate for the way they pushed so hard to make sure this bill created meaningful penalties and got rid of the loopholes that kept law enforcement from doing their jobs. This law represents an important and very concrete step forward in making our roadways safer in South Carolina, and as a consequence improve the quality of life for all South Carolinians.”

Governor Sanford also singled out Spartanburg Solicitor Trey Gowdy for his work on the bill.

“Signing this bill makes our DUI laws more efficient and tougher,” Gowdy said.

“Time will tell if these reforms are as effective as we need for them to be, and we will be watching court processes as well as fatality rates to see if meaningful improvement occurs — my hope is that it certainly will. The success in pushing this reform is a credit to the governor, and a credit to all of the citizens who have talked to their local legislators about this critical issue of public safety.”

Source : http://www.duidaily.com/index.php/20081103449/Latest/New-DUI-Law-Strenthens-Penalities-and-Gets-Rid-of-Loopholes.html

First Florida DUI Offense:

Florida Criminal Status: Any DUI violation resulting in property damage is a misdemeanor of the 1st degree. Any DUI violation resulting in serious bodily injury to another is a 3rd degree felony. Any DUI violation that results in the death of another is DUI manslaughter, resulting in either a 1st or 2nd degree felony, depending on the circumstances.

Jail: Not more than 6 months. Not more than 9 months if BAC is 2.0 or higher or if a minor was in the vehicle.

Florida DUI Fines/Costs: Not less than $250 nor more than $500. If the BAC is 2.0 or higher, or if a minor was in the vehicle, not less than $500 nor more than $1,000.

Florida License Suspension: 180 days to 1 year.

Violation of Zero Tolerance Law: 1st offense: 6-month license suspension; 2nd offense: 1-year license suspension. Must complete a Traffic Law & Substance Abuse Program before any hardship reinstatement can occur.

Florida Conditional License: Yes. Must complete DUI school first.

Vehicle Impound: 10 days unless the family of the defendant has no other transportation.

Florida DUI School: 1st conviction: Must complete DUI school (12 hours) before any hardship reinstatement. If reinstated after revocation period expires, failure to complete DUI school within 90 days after reinstatement will result in license cancellation.

Florida Probation: 1 year maximum.

Florida Community Service: Mandatory 50 hours or additional fine of $10 for each hour of community service required. Court may grant community service in lieu of DUI fines if defendant is unable to pay.

Second Florida DUI Offense Plus:

Florida Criminal Status: Any DUI violation resulting in property damage is a misdemeanor of the 1st degree. Any DUI violation resulting in serious bodily injury to another is a 3rd degree felony. Any DUI violation that results in the death of another is DUI manslaughter, resulting in either a 1st or 2nd degree felony, depending on the circumstances. A 3rd violation in 10 years is a third degree felony.

Jail: Not more than 9 months. Not more than 12 months if second conviction is within 5 years of first, mandatory imprisonment of at least 10 days. At least 48 hours of confinement must be consecutive.

Florida DUI Fines/Costs: Not less than $500 or more than $1,000. If the BAC is 2.0 or higher, or if a minor was in the vehicle, not less than $1,000 or more than $2,000.

Florida License Suspension: 180 days to 1 year. Minimum 5-year revocation if second conviction is within 5 years of the first. May be eligible for hardship reinstatement after 1 year.

Vehicle Impound: 30 days if second offense is within 5 years of first. May be waived if family of the defendant has no other transportation.

Florida DUI School: 2nd conviction in 5 years: Must complete DUI school (21 hours) following conviction.

Florida Probation: 1 year.

Florida Community Service: Court may grant community service in lieu of DUI fines if defendant is unable to pay.

Other:
Commercial Vehicle: BAC limit for commercial drivers is .04 or higher, or refusal to take breath test. One-year license revocation for 1st offense. Permanent disqualification of license for 2nd offense. No hardship provisions.

Under Age: 21

Florida DUI Insurance Consequences: How a DUI/DWI Affects Your Car Insurance.

How long does a DUI stay on your record? A DUI in Florida stays on your driving record forever.

Driver Responsibility Tax: N/A.

Ignition interlock device program: 1st offense: Up to 6 months; 2nd offense: Mandatory ignition interlock device for 1 year.

Source: http://criminal-law.freeadvice.com/drunk_driving/florida-dui.htm

If you’re injured, you’ll likely require medical attention and may need rehabilitation, both of which can be expensive. Click here for a helpful article regarding medical expenses. A car accident may cause you to lose income or have to use sick leave because of injury, treatment, and recovery. You might have damage to your car. While your car is being repaired, you may have to rent another car. You may lose the ability to perform various activities of normal daily living, for a while or long term. You may endure pain and suffering.

You may seek recovery after an accident to “make you whole again.” You should be compensated in a manner that, as best as the law can arrange, places you back in the same position as you were before the accident.

In addition to normal compensatory damages, in extreme cases punitive damages may be available, if the injury was the result of the other driver’s reckless or irresponsible behavior, or if the accident or the injury was caused by something about the car that is dangerous — a defect—- that the manufacturer should have corrected.

Source : http://accident-law.freeadvice.com/auto/