![]() | CassSheriff: Drunk Driving patrols are out this holiday weekend. Make it boring for them-Stay home or use a designated driver. about 2 hours ago |
![]() | How_To_Money: Dui Process , Clear Your Drunk Driving Record ,, Learn How To Clear Or Significantly Minimize Your DUI Record! link about 3 hours ago |
![]() | zephyr757: Just witnessed a really bad drunk driving accident. I am thankful I didn't leave 2 minutes later or it would have been me. about 13 hours ago |
![]() | ateteenyne: My homeboy got in a car accident from drunk driving...i tried to tell him now i don't know if he's in jail, or even alive for that matter... about 18 hours ago |
![]() | blondsonya: Wisconsin woman called 911 to report herself for drunk driving. I guess she didn't have any friends to phone, or a cab co # about 19 hours ago |
| By Drew Olson Senior Editor E-mail author | Author bio More articles by Drew Olson |
| Published Feb. 21, 2007 at 5:35 a.m. |
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(page 2)
The interview -- If the tests come back and you are determined to be over the legal limit, you will be informed of your Miranda rights and interviewed by police. It's at this time that you can ask for an attorney.
"At this point, a lot of people will volunteer damaging information," Kuhary said. "Don't give specifics. Don't give numbers. If they ask you how many drinks you've had, just say 'a couple' or 'a few.' That way, you're not locking yourself into a number. The police can say, 'He said two or three drinks at the scene, then later it was three or four. Even he doesn't know. He can't keep track.'"
You're caught. Now what? -- Kuhary said that most first offenders can avoid spending a night in jail. "If it's a repeat offense, you're going to spend at least a night and maybe a weekend in jail," he said. "If it's a first offense, you can usually have a responsible party come and pick you up."
Plan your appeal -- In Wisconsin, you can have your license administratively suspended by the Dept. of Transportation before you are even charged with OWI. You'll be given paperwork upon your release and have 10 days to respond. Both Kuhary and Mishlove stressed the importance of requesting a hearing during the time period allotted.
Penalties -- For a first offense, Kuhary said drivers can expect to lose their license for six to nine months and pay a base fine between $150 and $300. Adding in court costs, fees and penalties and the tab runs to about $700. The second offense has a fine range of $350 to $1,100, jail from five day sto six months and revocation from 12 to 18 months. The third offense has a fine range of $600 to $2,000, pluss the $355 surcharge, jail from 30 days to one year and revocation from two to three years.
First-time offenders are immediately eligible to apply for occupational licenses. Repeat offenders must wait (60 days for second offense; 90 days for third and subsequent offenses). After the second or third offense, you can expect substantial increases on your insurance premiums. "If you're going to get occupational license, don't tell your carrier right away," Kuhary said. "If you get caught, they're not your friend in that circumstance."
Remember the details and leave a paper trail -- Since the lag time between arrest and trial can stretch several months, Kuhary urges clients to remember as many details as possible from the day of the arrest.
"I always recommend if you do get nailed, write down everything you did that day starting with what socks you put on," Kuhary said. "Where you went and what you did long before the drinking. If you can recall everything else about the day, your testimony has more weight."
It's also a good idea to leave a paper trail.
"For drinking, I'm urging people to charge everything they do," Kuhary said. "With pitchers of beer, it's harder to keep track of how many drinks you've had. If it's mixed drinks or bottled beer, a credit card receipt can save you."
Know your limits -- Blood-alcohol content is tied to body weight, not any scientific theory about alcohol evaporating. A chart distributed by the Wisconsin State Patrol indicates that a 180-pound who has five drinks in a two-hour period will be "over the limit." A 140-pound woman who has three drinks in an hour will be legally intoxicated. But, there are factors involved such as type of alcohol, the person's tolerance and the amount of food in the stomach before ingestion.
"An 85-pound woman who has three drinks in three hours is different than a 200-pound man who has that amount," Kuhary said. "They say the body eliminates alcohol at the rate of .015 per hour, but everyone is different. Feeling buzzed might not really be drunk for some people, so there is no magic formula to rely on.
"You just have to be careful. If you have any doubt, take a cab."
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13 comments about this article. Post a comment / write a review. |
Posted by Kstohl1 on Feb. 27, 2007 at 8:23 a.m. (report)
I just find it interesting that the only people defending this article are people who have been pulled over or know someone who has and act like its the police's fault for their lack of judgement.
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Posted by littledog on Feb. 25, 2007 at 8:58 p.m. (report)
I think it is unethical to write an article about how to lessen charges and/or fines related to drunk driving. If you are impaired or even a little buzzed, do not get behind the wheel, period. It is selfish and cruel to put others at risk for dying or being severely disabled for the rest of their lives because you didn't want to be inconvenienced by taking a cab or crashing in a hotel. I think the drunk driving laws are way too permissable=-in other countries, people are thrown in jail, first offense. If you're drunk, you're drunk. And no, I'm not a prude, I like to "tie one on" now and again but I never drive. It doesn't surprise me that lawyers would assist with writing this article since there tends to be a high incidence of alcoholism in that profession. Many lawyers get away with drinking and driving. Maybe because they know how to "work the system"? Disgusting.
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Posted by gunn341 on Feb. 24, 2007 at 12:08 p.m. (report)
They just want your money, If you refuse YES you lose your D.L. But how do they prove that your over the limit with out any proof? A very good friend of mine who I was with at the time got pulled over and refused every test they wanted to give him. He kept his mouth shut, yes, he spent the night in jail but he does not have a DUI on his record. How do you think lawyers make money? By telling you that you need a lawyer...
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Posted by sandstorm on Feb. 22, 2007 at 10:21 p.m. (report)
kstohl, read the article. seriously, there may not be a lot of pictures but the words aren't that big. nowhere in the article does it tell you how to get out of a dui. oh yeah, no one should drive drunk, and judge not lest ye be judged. and one more thing-Central High School Red Raider football rules!!!
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Posted by sauce on Feb. 22, 2007 at 6:30 p.m. (report)
Drew; Nice piece ----------- only wish Anna Nicole had these lawyers assisting her.
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