Results tagged “DWI law” from DUI Lawyers & Attorneys News

New York Governor David Patterson has signed an assembly bill into law that increases the penalties for those accused of drunk driving with a minor in the vehicle.

The Child Passenger Protection Act, also called Leandra's Law, makes it a felony crime for a person to drive under the influence of drugs or with a blood alcohol concentration of .08 percent or higher with a child under the age of 16 in the vehicle.

The penalties for this offense include up four years in prison or anywhere from seven to 25 years in prison if a child is killed in an accident.

The bill is named after 11-year-old Leandra Rosado, who was killed last month when the car she was riding in crashed.  The driver of the vehicle is accused of driving while intoxicated. She was transporting several children to a sleep over, but Rosado was the only one who died in the crash.

When asked about the new law, Leandra's father, Lenny Rosado, said "It's gonna save many children's lives, whether in the car or outside. That's the goal I knew my daughter was pushing me to stay strong."

The bill also calls for stricter penalties and mandatory ignition interlock devices to be installed in the vehicles of first-time DWI offenders.

Leandra's law is considered one of the toughest, if not THE toughest, anti-DWI laws in the country.

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A new law taking effect Sept. 1 in Texas will allow police to draw blood from DWI suspects without having to get approval from a judge.

Under the terms of the law, police can order a blood sample to be taken from a person suspected of DWI under certain circumstances, such as if the suspect is a repeat DWI offender, if the suspect caused a fatal DWI accident, or if a child under the age of 15 was in the vehicle.

Current laws require police officers seeking a blood sample of a suspect who has refused a breathalyzer test to convince a judge there is probable cause to authorize a search warrant.  The new law will allow police officers to order blood tests without a warrant.

Prosecutors are pleased with the law, and think it will deter drivers from driving while intoxicated if they know the police can sample their blood.  However, many others, including constitutional experts and DWI defense attorneys, are concerned as to whether or not the law is constitutional.

"The real problem is they've taken authority away for judicial review, and it's now at the sole discretion of the police officers," said Houston lawyer Doug Murphy, who co-chairs the DWI committee of the Texas Criminal Defense Attorney's Association.  "There are no checks and balances. Once you give police officers sole discretion, one branch of government can run amok."

Houston DWI attorney Tyler Flood agrees.

"It's a violation of our constitutional right to privacy, and right to be free from unreasonable search, and that's what this is, an unreasonable search," said Flood.

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Louisiana state Rep. Tim Burns (R-Mandeville) has proposed a new measure that would increase the penalties for those who refuse to submit to a breathalyzer test during a DWI stop.

Under the current DWI laws, refusing a breath test can result in a 180 day license suspension, while a second refusal can result in an 18-month suspension. A third refusal can result in criminal penalties.

The new law would enforce stricter penalties, with a first refusal punishable by a one-year driver's license suspension.

"In many cases, a lot of attorneys often advise their clients not to (take the breathalyzer test), and in a way, it evades the purpose and the meaning of the law," said Burns.

Louisiana lawmakers passed the bill, and have since passed it onto Governor Bobby Jindal, who is expected to sign the bill into law.

While the measure hasn't seen much resistance, there are some mixed reactions to it on the streets.  Some people think drivers who're suspected of DWI should be required to submit to a breathalyzer test, whereas others believe making breathalyzer tests mandatory is an infringement on civil rights.

Regardless of any public dissent, Burns stands by his legislation.

"You don't have a right to drive, you have a privilege that's given to you, and you have to abide by the terms of the law," said Burns.  "If you've had stuff to drink, it's real easy, if you've had something to drink, don't drive. Get somebody to drive you, or stay where you are, or plan ahead."

For more information about breath test refusal laws, click here to find a DWI attorney near you.  

The mother of a man accused of murder was charged with DWI after trying to bail her son out of jail.

The DWI Grant Council has awarded more than $17 million to local governments throughout New Mexico.

The grant money is to be used by counties, cities, and pueblos for programs designed to reduce the DWI rate. The programs include DWI prevention, enforcement, alcohol-related domestic prevention, outpatient treatment, and alternative sentencing.

Local programs throughout the state have also pledged an additional $6.6 million in matched funds, which, combined with the $17 million from the DWI grant council, totals $24 million for local DWI programs for the next year.

The DWI grant program is administered by the New Mexico Department of Finance and Administration.

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