New Record for Drunkest Driver Set!

On December 28 at 11:30 AM, a new world record was set! In Oregon, Terri Comer, 42, was arrested as she was unconscious in her car. After a blood alcohol test was issued, the results came in that her blood alcohol level was at .72, the highest BAC ever recorded. This is nine times over the legal limit in Oregon!

The car was found running in a snow bank parked near a highway in Klamath County. The police officers then broke the car window, and removed the motionless body from her Toyota and delivered her to the closest local hospital. She was treated in the hospital for a day before being released.

The fact that Comer made it out alove is a feat in itself. So how many drinks does it take to reach this landmark blood alcohol level? There is no telling! Hopefully she has hired the best Oregon DUI attorney she can find.

Hulk Hogan’s Son Charged with DUI

Nick Bollea, Hulk Hogan’s son, was arrested in Clearwater, Florida last month stemming from a car crash back in August where his friend John Graziano was left with permanent brain damage. Graziano serves in the United States Marines.

Bollea was first handcuffed and then driven to the Pinellas County Jail by two police officers. The charges against him included felony reckless driving and also a charge of driving under the influence of alcohol. Hogan’s son was not injured in the car crash.

The wreck stemmed from Bollea racing his Toyota Supra against the driver of a Dodge Viper. Bollea lost control of the Supra and slammed into a nearby palm tree.

Bollea’s DUI attorneys Morris Weinberg Jr. and Kevin Hayslett released a statement noting “Because Nick is still a juvenile and has no prior criminal record, we are disappointed that he is being charged as an adult offender. However, we are confident that the evidence will demonstrate that this was an accident. We ask all who follow these events to keep an open mind as to the facts until they have been ultimately determined. Finally, we thank all who have prayed for John’s recovery and ask for your continued support and prayers.”

Boating Under the Influence (BUI)

In many states, not only can you get yourself into trouble by drunk driving, you can also find yourself with criminal misdemeanors for boating while you are drunk! The official term for this is “Operation of a Vessel Under the Influence of Intoxicating Liquor.”

Below is a list of some of the differences in getting a BUI versus a DUI:

1) Boating under the influence is a misdemeanor with maximum punishment of 90 days in prison with a $1000 fine.

2) A judge is not required to give a mandatory jail sentence or fine.

3) No driver’s licensing consequences are imposed for getting a boating under the influence charge.

4) Ignition interlock devices are not required after getting a BUI.

5) Breath tests are not required if you are arrested for boating under the influence.

6) Multiple BUI’s do not have additional mandatory punishments associated with them.

Getting arrested for boating under the influence is not a laughing matter. If you find yourself in this situation it is very important that you retain an experienced BUI attorney to guide you through the process and protect your rights.

Rhys Meyers Arrested for Public Drunkenness

Rhys Meyers, who stars in the soap opera “The Tudors,” was arrested Sunday in Dublin, Ireland on public drunkenness and breach of the peace charges. The incident took place in Dublin airport as he was confronted twice because of his erratic and abusive behavior at the British airline BMI airport gate. He was waiting to board the flight that was headed to London.

It started with the Dublin Airport Police, but they saw the situation escalating and quickly called in Ireland’s national police force, which is referred to the Garda Siochana. The Garda Siochana issued him two counts of violating the Public Order Act, and was forced to pay bail on the condition that he will return to the Dublin District Court on December 5 in order to be arrained.

Meyers was in Dublin for an appearance on “Tubridy Tonight,” to promote his new movie “August Rush,” which will costar actor Robin Williams.

Lindsay Lohan Does “Hard Time” for DUI

Don’t blink! You may miss the total amount of jail time that Lindsay Lohan just finished up today. As part of the punishment for her DUI charges, Lohan was required to go to jail at the Lynwood Jail.

So she checked in at 10:30 AM this morning, sat in jail, and surely had deep, life changing thoughts on how to better her life. And then, after maybe one meal and an episode of Oprah, Lohan checked out at 11:54 AM. Yes, your math is correct… That is a total of 84 minutes. She did manage to beat Nicole Richie’s record by ten minutes, which was quite a feat.

To go along with her extensive jail time, she also went through rehab in Utah. She got quite a bit accomplished here in changing her life, as she often pranced around without her close, and met her now boyfriend Riley Giles. With her dedication to cleaning herself up, she should be an example for all of us.

DUI Consequences

DUI punishments are defined at the state level rather than the federal level, but most states have generally followed the same guidelines for punishing DUI offenses.

Most of the variations of “driving under the influence” will land you with a misdemeanor, which is commonly punishable for up to a year in prison.

However, if the DUI incident is a felony DUI, where a death is involved, extensive property damage is involved, or other major offense occurs the charge may be elevated to a felony offense. A felony offense may be punishable for longer terms and are generally in a state prison.

Texas DUI Expungement Laws

As defined in Chapter 55 of the Texas Code of Criminal Procedure, expungements of a DUI are possible if there are no findings of guilt. If there are findings of guilt, charges may be reduced to a class C misdemeanor if the defendant has received deferred adjudication and completed community service.

Releasing the expunged records by any participant is prohibited, with the exception of when being questioned in a court of law and you are under oath. However, as explained in a prior post, expungement of DUI charges do not mean that the charges are shredded and deleted from all systems.

MADD

It was a few grieving mothers who took on the national problem of drunk driving in 1980. With no money and no clout they created a powerful organization. MADD is responsible for legislative change and victim’s rights help, but I think the fact that they actually changed a national perception of ‘drinking under the influence’ from acceptable to unacceptable is most remarkable. MADD actually effected the conscience of a nation!

Sobriety Checkpoint Standards

The following is a list of standards that are used in implementing sobriety checkpoints:

- The final decision is made by a supervisor

- A consistent method must be used in selecting which vehicles are stopped

- Ensure that the public and the police officers are safe

- Policy-making officials select which sites will be targeted

- The time period for when the sobriety checkpoint is active must be limited

- The sobriety checkpoint must be clearly marked with warning lights and signs

- The amount of time that motorists are detained should be minimized as much as possible

- Notify the pulic in advance of the checkpoint

Administrative License Suspension (ALS)

The greatest fear (except being thrown in jail) that most people have regarding getting a DUI is losing their drivers license. Alarmingly, it does not take as much as you would think to lose it…

Refusing to take a field sobriety test, or exceeding the legal limit in a blood alcohol content (BAC) test are two scenerios where the police officer may take your drivers license on the spot. This suspension can last for 90 days all the way to 5 years depending on prior arrests or refusals.

The Administrative License Suspension laws are harsh and should not be taken lightly. If you want to keep your drivers license then it is in your best interest to hire an experienced DUI lawyer. DUI attorneys know the law and know your rights and will fight in every manner possible to ensure that you do not lose your drivers license.