Category Archives: US Laws

South Carolina’s Alcohol Education Program (AEP)

South Carolina’s Alcohol Education Program (AEP)

South Carolina’s Alcohol Education Program (AEP)

South Carolina’s Alcohol Education Program (AEP) – If you have been arrested for a crime in South Carolina there are a few programs that may help you if you are a first time offender.  Part of what we do as Charleston criminal defense attorneys involves working with prosecutors to get first time offenders enrolled in these programs.

Alcohol Education Program (AEP)

AEP is a diversionary program designed for first-time offenders of magistrate/municipal court underage drinking offenses.  This system allows the defendant to be diverted from court and enter into a program consisting of counseling and guidance.  Successful completion of the program requirements will allow the defendant to process an Order for the Destruction of Arrest Record on the charge.  The goal of this program is to give first-time offenders an educational opportunity to change illegal behavior.

*Offenders may participate in this program only one time

Who May Be Eligible:

–       Must be 17-20 years old

–       No prior criminal convictions

–       Must be employed, disabled, or enrolled in school

–       Must be likely to respond quickly to rehabilitative treatment

–       Justice to the offender and the state will be served by placing the offender in a diversion program    

–       Offender is unlikely to be involved in further criminal activity

–       Individual poses no detectable threat to society

Cost:

–       $150 Application Fee

–       $100 Participation Fee

Requirements:

–       Complete assigned counseling and payment of $100 participation fee

–       Submit to and pass random drug screenings

–       Complete assigned driving program

–       Complete community service as assigned

–       Must have NO criminal violations while enrolled in AEP

AEP Eligible Charges:

–       Minor in possession of beer or wine

–       Minor in possession of alcohol or liquor

–       Open container

–       Public disorderly conduct

–       Littering (alcohol related only)

–       Possession of Fake ID

*If you complete the program requirements, the court that handled your case will be notified and the charges against you are dismissed.  At that time, you are eligible, under the South Carolina Code of Laws to clear your arrest record of the dismissed charges by way of an expungement order.

*If you fail to complete the program for whatever reason or are charged with another offense, you will be terminated from the program and your case will be returned to court for prosecution.

 

 

 

 

 

Courtesty: http://www.anderson-schuster.com/south-carolinas-alcohol-education-program-aep/

How To Obtain A Good Cause Waiver

Good Cause Waiver, GCW, CDL, SR22, Missouri

How To Obtain A Good Cause Waiver?

How To Obtain A Good Cause Waiver – Section 192.2495, RSMo, requires regulated health care employers, such as long-term care facilities, hospitals, home health agencies, in-home services providers and consumer directed services programs under contract with the Department of Health and Senior Services, hospices, and adult day care providers to obtain a background screening prior to hiring an employee. For in-home services providers, consumer directed services providers and home health agencies, this includes checking the Family Care Safety Registry (FCSR) (Sections 210.900 – 210.936, RSMo.). This statute states that an individual with a certain type of finding identified in his or her background screening cannot be hired by these employers. However, in certain circumstances, the individual has the right to apply for a GCW that, if granted, would waive the legal hiring restriction and allow him or her to be employed.

 
A complete Explanation of Background Screening Finding form for EACH arrest/investigation that resulted in the disqualifying offense or incident. Include what happened, how it happened, why it happened, when and where it happened, any person present at the time, and the circumstances from your point of view. Include why you feel your Good Cause Waiver should be approved.
  • Attach one (1) sponsorship letter from a previous or current employer stating how long the person has known you and why they feel you should be recommended for a Good Cause Waiver. If you are unable to obtain a sponsorship letter, submit 3 character references from persons who are knowledgeable of your character and employment history. The reference letters cannot be from someone related to or residing with you.
  • Attach a completed Employment History form noting previous employment since the age of 18.

Include (if applicable):

  • If the disqualifying finding is substantiated child abuse/neglect and/or foster parent denial/revocation/suspension, attach the investigation report from the Department of Social Services (DSS). This report is approximately 10 pages long and is available to you upon telephone or written request from your local DSS office.
  • If you have ever been refused a license, certificate, or registration by any public or governmental licensing board, agency or regulatory authority, explain the incident that led to the disciplinary action.
  • If you have any pending felony or misdemeanor charges, include a statement explaining the circumstances and certified copies of the charging documents for all pending criminal charges.
  • Explain any pending charges or reports of child abuse, neglect or endangerment.
  • Explain any pending actions that might result in the denial, revocation, or involuntary suspension of a foster parent license.
  • Explain any pending actions that might lead to your inclusion on the Department of Mental Health Employee Disqualification Registry.
  • Any documentation that, in your opinion, supports your application for a GCW by demonstrating rehabilitation, positive lifestyle change, etc.

Reasons for CDL Disqualification

CDL, Commercial Truck Driver, DUI, SR22, Suspension, Laws, Legal, Lawyer, Disqualification, Info

Reasons for CDL Disqualification

Reasons for CDL Disqualification  – Reporting requirements under the CDL program have been in effect since 1988. Commercial drivers must notify the Secretary of State of the following:

  • Any out-of-state traffic violation within 30 days of conviction.
  • Any out-of-state suspension, revocation or cancellation of driving privileges, as well as disqualification or out-of-service actions, within 30 days of the effective date.
  • Change of name or address within 10 days. The driver has 30 days to obtain a corrected CDL.

Commercial drivers also must notify their employer of the following:

  • Any traffic violation within 30 days of the date of conviction.
  • Any suspension, revocation or cancellation of their driving privileges, as well as any disqualification or out-of-service action, within one day of notification of action.
  • Complete employment and driving record for the previous 10 years.

1.13 Alcohol Provisions

Law requires drivers operating a commercial motor vehicle (CMV) or a non-commercial motor vehicle (nonCMV) on highways to automatically give their consent to submit to certain tests to determine blood-alcohol concentration (BAC). A CDL holder may not operate a commercial vehicle with a BAC of .04 or more or a noncommercial vehicle with a BAC of .08 or more.

Drinking and Driving, CDL, Commercial Driver, License, Suspension, DUI
  • Any driver operating a CMV or non-CMV who refuses to submit to chemical testing or submits to a test with results in excess of the legal limit is disqualified for a minimum 12 months.
  • Any driver convicted of DUI (regardless of BAC) is disqualified for a minimum 12 months.
  • If either violation above takes place while transporting placarded hazardous materials, the driver is disqualified for a minimum three years.
  • A driver who commits two of the above violations, arising from two or more incidents, is disqualified for life.
  • A CDL holder operating a CMV found to have any alcohol in his or her system is placed out of service for at least 24 hours.
  • Anyone convicted of driving a commercial motor vehicle with any amount of drug, substance or compound resulting from unlawful use or consumption of cannabis listed in the Cannabis Control Act or controlled substance listed in the Controlled Substance Act is disqualified for a minimum 12 months.

1.14 Other Offenses Leading to Disqualification

The following offenses also will lead to disqualification:

  • Knowingly and willfully leaving the scene of an accident while operating a CMV or non-CMV results in disqualification for a minimum 12 months.
  • Committing a felony while operating a CMV or non-CMV results in disqualification for a minimum 12 months.
  • A conviction for either offense above while carrying placarded hazardous materials results in disqualification for a minimum three years.
  • A conviction for violation of an out-of-service order results in disqualification for a minimum six months.
  • The use of a CMV or non-CMV in the commission of any felony involving manufacturing, distributing or dispensing a controlled substance, or possession with intent to manufacture, distribute or disperse a controlled substance, results in a lifetime disqualification.
  • Operating a commercial motor vehicle in violation of regulations pertaining to railroad-highway grade crossings: first conviction – 60 day disqualification; second conviction within a three-year period —120-day disqualification; third and subsequent conviction within a three-year period — one year disqualification.

Excessive Speeding

Excessive speeding involving any single offense for any speed of 15 mph or more above the posted speed limit.

  • Failure to reduce speed to avoid an accident.
  • Driving too fast for conditions.
  • Exceeding the speed limit in a school zone.

Reckless Driving

Operating a CMV or non-CMV in a manner that exhibits a willful, wanton or reckless disregard of the safety of persons or property.

  • Passing a vehicle stopped for a pedestrian in a crosswalk.
  • Driving on a sidewalk.
  • Passing a school bus receiving or discharging passengers or displaying a warning not to pass.

No Valid CDL

Operating a CMV without a valid CDL.

  • Operating a CMV with an improper classification or restriction.
  • Violation of an instruction permit.

Following Too Closely

Following the vehicle ahead too closely.

  • Failure of a truck to leave sufficient distance for being overtaken by another vehicle.

Improper Lane Usage

Improper or erratic traffic lane changes.

  • Improper lane changing, lane usage and/or center lane usage.
  • Improper passing.
  • Passing on a hill or curve or when prohibited.
  • Passing on wrong side of the road.
  • Improper passing on shoulder, left or right.
  • Driving wrong way on a one-way street or highway.
  • Driving on the left side of the roadway.
  • Passing in a school zone.

Conviction Involving a Fatal Accident

A violation of any state law or local ordinance relating to motor vehicle traffic control (other than parking violations) arising in connection with a fatal traffic accident.

Multiple Licenses

A violation relating to a CMV driver having multiple driverʼs licenses.

Traffic Violations

Two serious traffic violations within a three-year period results in a two-month disqualification. Three serious traffic violations in the same period results in a four-month disqualification.

How To Get A South Carolina Temporary License

DUAC, DUI, SC, Temporary Drivers License, Hardship, ProvisionalHow To Get A South Carolina Temporary License 

How To Get A South Carolina Temporary License  – Being convicted of driving under the influence (DUI) or driving with an unlawful alcohol concentration (DUAC) has many consequences. Jail sentencing, fines, mandatory classes, community service, and the loss of your personal and/or commercial driver’s license are all possible.

In many situations, you can get a temporary driver’s license to help you get back on the road and get on with your life. After all, it is hard to go to required alcohol safety classes when you can’t drive yourself. Also, if your job requires you to drive, you need a speedy way to become a legal driver again so you can do your job.

Let’s go over some of the ways you can get your driving privileges back after a DUI or DUAC conviction.

Types of Temporary Driver’s Licenses

One of the first things that happens to you once you’re convicted of a DUI or DUAC is that you lose your driver’s license. Some of the time you can get back some of your driving privileges on a temporary basis, but doing so requires you to jump through some confusing administrative hoops.

There are three kinds of temporary driver’s licenses in South Carolina, and each one is used in specific and different circumstances:

  • 1- A Temporary Alcohol Restricted License (TARL) can be obtained after your DUI or DUAC arrest. This restricted license is used by those who have refused to take the breathalyzer test and have requested an administrative hearing to contest the six month suspension for refusing the breathalyzer. It is valid for the period of time between the arrest and the administrative hearing to contest the license suspension (if you request one) in your case. Unlike the other two types of temporary licenses, a TARL is for those who have not (yet) been convicted. Not everyone qualifies for a TARL, but if you do, it will get you back on the road. There are also several requirements you must abide by if you decide to go this route.
  • 2- A Provisional Driver’s License may be granted after a DUAC conviction for the period of time that your license is suspended. It doesn’t have restrictions on how and where you can use it. We will cover this in more detail below.
  • A Route Restricted License may be issued after a DUI conviction to allow you to drive to work, school, court appointments, alcohol programs, etc. We will discuss this license type later as well.

After being convicted, the type of temporary license you can get depends on a variety of different things. In some cases, you may not be eligible for one at all. While both post-conviction types—provisional and route restricted—are similar, there are some differences we’ll highlight next.

Provisional Licenses

Whether you’re found guilty or you plead guilty, you may qualify for a provisional license after a first offense DUAC or DUI conviction. A provisional license allows you to drive to work, school, grocery stores, social activities, church and court-mandated programs imposed as part of your DUAC conviction. In other words, you may continue driving as if you had a traditional driver’s license. There are, however, administrative processes to go through, including an application and associated fees ($100).

To be approved for a provisional license, you must meet certain requirements:

  • You must have or have had a SC driver’s license.
  • You must have no other license suspensions.
  • You must be enrolled in the Alcohol and Drug Safety Action Program (ADSAP).
  • You must have an SR-22 insurance certificate. You can get this certificate through your insurance carrier. You will likely have to pay higher insurance premiums because of the certificate, but it only lasts for three years.
  • For some first offense DUAC and DUI convictions, you also need an Interlock Ignition Device (IID). This device prevents you from operating your vehicle until you blow into a tube and the device measures your blood-alcohol content. An IID is required for all drivers who are convicted more than once for DUAC or DUI and for those first offense convictions where the blood alcohol content is above a .15.

Once you have your provisional license, it lasts as long as your suspension. When you’re ready to get your regular driving license back, you must pay a reinstatement fee of $100. Before you can be reinstated, you must complete ADSAP.

Please note, a provisional license is only for those convicted of a first offense DUI or DUAC charge. Read on to learn about a route restricted license.

Route Restricted Licenses

When a provisional license is not available, for example, when it’s a second offense DUI or DUAC, a route restricted license allows you to drive to and from certain specified places so you can continue your day-to-day life. By law an individual may obtain a route restricted license only once in his lifetime for these type of suspensions.

  • Accident Judgment
  • Alcohol Violation
  • Blood Alcohol Concentration (BAC .15)
  • Controlled Substance
  • Failure to Stop for a Blue Light
  • False Insurance Certification
  • Implied Consent
  • Misrepresentation of Identity

Please note, you may only obtain a route restricted license once in your lifetime unless you are suspended for nonpayment of child support or driving under a suspension that is not DUI related.

Let’s look at a real-life scenario.

Say you are charged with DUI. You want to contest the suspension of your driver’s license for refusal to submit to the breathalyzer test at an administrative DMV hearing. Between getting charged and awaiting the hearing, you obtain a TARL. At the hearing, your suspension is upheld, and you are convicted of DUI. Now your TARL is no longer valid, So if you want to drive to work, you must apply for a provisional driver’s license if it is a first offense DUI or a route restricted license it is a conviction for DUI 2nd or greater.

People also seek a route restricted license after pleading guilty to an alcohol or drug related offense.

Whether you contested the charge or not, a DUI conviction means your driver’s license is taken away, and one of the only legal ways to drive is with a route restricted license. Using this type of temporary license, you can drive to work, school, ADSAP and other pre-approved places.

The process for obtaining a route restricted license is similar to the process for getting a provisional license, but there is a difference in the paperwork. You must submit Form DL-127 to the Department of Motor Vehicles.

This form includes spaces for you to describe your normal commute to work or school. This is where you will specify the places to which you need to drive. It’s important to be thorough because the license allows you to drive only to these places. The cost for a route restricted license is $100. And you pay another $100 when you reinstate your regular license.

As long as your suspension lasts, your route restricted license will remain valid. If your regular driver’s license expires while you have a route restricted license, you may need to retake your driving test when you renew your license.

With some very specific exceptions, you can only obtain a route restricted license once in your life. After that, you’re out of luck when it comes to driving after subsequent DUI or DUAC convictions.

Texas State law regarding ignition interlock devices

Texas state law regarding ignition interlock devices

Texas State law regarding ignition interlock devices

Texas State law regarding ignition interlock devices – According to MADD, the state of Texas is the leader in fatalities cause by drunken driving.  In the past year, a whopping 1,446 fatalities were reported as a result of DUI. 

Clearly this calls for care and mindfulness when considering if to drink and drive or not.  What starts out as a good time can easily turn into a tragic affair no one had anticipated.

How long does SR22 stay on record?

How long does SR22 stay on your record?

Before the answer of how long an stay on record, it is prudent to explain what it is for those who may not know what it is. A is a document that proves that the person who carries it has the financial ability to meet any financial obligations that may arise as a result of an auto accident they may be party today.

Using Special Colored License Plates for DUI Offenders

Using Special Yellow License Plates for DUI Offenders

Using Special Colored License Plates for DUI offenders

Specialty license plates for DUI Offenders –  It is now clear that revoking or suspending the driving privileges is a common penalty for DUI offenders. Despite a license suspension or revocation, these offenders get a provisional license which puts them back on the roads. It is very usual to find them getting more traffic citations and even causing accidents while impaired. The NHTSA encourages States to enact the use of Special License Plates to reduce this problem and hinder future driving especially when the offender is under license suspension or revocation.

DUI offenders are everywhere and it is not easy to identify them from the back of the wheels without the special plates. A certain number of states in America have special license plates for drunk driving offenders.  The plates are different in the sense of bearing numbers and letters that are limited to the penalties they receive from a court order. Special plates can be considered as a penalty that when used can help the DUI offender reduce his or her mandatory suspension period.

In Iowa, these special plates contain a “Z” in the series of numbers – one applies to get this type of vehicle plate. If your driver’s license is revoked in Minnesota, you will have to surrender your registration to the court. A special plate is issued if a member of the offender’s family has a valid license. In Ohio, the case is not different, the offenders get restricted license plates which are red and yellow in color. A special sticker is placed on the offender’s vehicle plates if it happens to be in Oregon.

This mandate is given to the departments of transportation: Authorities which get to design and issue Special License Plate – in some states the commissioner of motor vehicles is responsible for issuing these plates. The difference between the restricted driver motor vehicle registration plates and the regular registration plates are in form of:

  • Alphanumeric characters
  • Colors
  • Special sequence of letters – this is mostly for hardcore drunk driving

In Minnesota, the special DUI plates are known as whiskey plates. It is not applicable in all the states but some make it a requirement to DUI second or subsequent offenders. The period of use is mostly the same as the suspension mandatory period. Apart from the issuance of the special plates, other states may decide to make the following decisions:

  • Remove and impound the offender’s license plates
  • Order for the installation of alcohol ignition interlock devices
  • The convicted vehicle may be forfeited, immobilized (with a club or boot) or sold

According to NHTSA statistics, many second ‑ and third‑time DWI offenders accumulate traffic offenses and are involved in crashes even when their licenses are suspended. DUI recidivism has been substantially reduced after the introduction of these penalties in most of the states. The plates can be used to identify driver to the residents and the police. This gives caution to anyone that spots the vehicle.

Let’s make it clear on what you are to expect when you are arrested for a DUI in most of the American states. A DUI in full means driving under the influence and is quite different from Driving while intoxicated (DWI) in terms of age. So if you are below the age of 21, you will be convicted for DUI with any amount of detected amount of alcohol in the system. Sometimes the minor drivers end up being charged under a DWI if they exceed the 0.08% BAC or more limit.

Under the implied consent law, it is a crime to drive under intoxication. Therefore, one has no other obligation but to take a chemical test when they are under arrest. It is optional to take a Sobriety Test, but if you think that you are not in the right condition to pass the tests you can opt not to. This does not mean that you will not be arrested for a DUI. The available chemical test results will be used against you if you test positive for alcohol.

Under the Zero Tolerance Law the driver under age 21 loses his or her driver license and gets suspended for a certain period of time. When you file for a hearing, then you will be subjected to two suspension from the court sanction and the DMV authorities. If the DMV suspension or revocation is as a result of administrative action, then it is known as an Administrative Per Se (APS) – it is independent of the court rulings. One might be set aside but it will depend on the type of violation you have committed.

You will definitely get your driver’s license back when you have completed the mandatory period, paid the fines or fees and participated in the penalties that come with your court ruling. The penalties required by the court will depend on the type of violation. Your case will become a felony conviction if you:

  1. You are arrested for impaired driving-related criminal vehicular homicide or injury.
  2. Are arrested for your fourth DUI in a 10-year period.
  3. Have previously been convicted of a felony DUI.
  4. Moving violation
  5. Reckless driving
  6. Are arrested in the presence of a passenger in the vehicle under the age of 16

The penalties for the felony offenders are harsh and may include years of imprisonment and high fines. Rehabilitation and probation is a must for subsequent offenders. First offenders get to make a choice between limited license and ignition interlock. The use of ignition interlock devices for second offenders and subsequent convictions are not optional. The duration of using the IIDs will depend on the offense level- they range from 1-2 years.

An ignition interlock device is installed in the vehicle and it will require the user to provide a breath sample to start the vehicle. In simple terms, the vehicle will not start when you are impaired. Some people might use other schemes to go around the use of the devices but the new ones are improved. Additional penalties can be released if the data received from the IIDs suggest that you made certain attempts of starting your vehicle and it could not start. If you tried to destroy the device, then you could be in trouble if it is recorded.

Since the introduction of the ignition interlock device there has been a drastic reduction of alcohol traffic violation. This is good news to the nation as more and more states get encouraged to include the device in penalties. The main purpose of installing this device is to completely deny the driver access to his or her driving privileges when under the influence of alcohol. The provision for special license plates in some states allows a permit officer to stop the vehicle and check whether the driver is abiding to the suspension requirement. This allows the States to monitor the use of the sanctions.

To get your license back you will need to pay the proposed reinstatement fee, show that you have passed the DUI school test, ensure that you provide the driver’s license application fees, and submit chemical health assessment. You will not be denied the rights of driving since you can apply for a restricted license which will help you drive from home to work or school and back.

The Consequences of a DUI Conviction

 First-Time ConvictionsPrior Convictions
Service  in jail1-3 daysDepend on the level of offence
FinesDepend upon the state 
Educationattend mandatory DUI schoolattend DUI school
License suspensionup to a yearRange from 1 – 5 years
ignition interlock installationOptionalRequired
Information probationUp to 3 years. 

DUI penalties are less in first time non‑injury DUIs as compared to subsequent DUI convictions. The special plates can also apply to motorbike users since the definition of vehicles requires that the device moves upon a public highway. This capability of a property or person to be transported or drawn upon a public highway makes it a vehicle.

During the suspension period, you are required to install an ignition interlock device on your motorbike to get a provisional or limited license- this applies in some states. There is no exception, you will have to face similar penalties with car and truck drivers. If the state does not allow IIDs, then you will be required not to ride a motorcycle until your revocation is over. The interlock law will be required if you intend on driving cars during the suspension period.

It is quite embarrassing being branded by using special license plates. This adds to other penalties such as increased premiums when you are automatically considered as a high-risk driver by the State DMV. These unique license plates should be used on all the cars owned by the offender until the driving privileges are reinstated.

Since the States allow the arresting officers to pull over drivers using the special plates to check if their driver’s license is in a good state. These plates could cost the drivers an additional cost of up to $100. This is indeed good incentive for drivers who need to think before drinking and driving. It also helps the authority to be on the lookout for DUI repeat offenders. If on average a DUI first offender has driven 87 times while intoxicated. This is a clear fact that the offenders are likely to repeat a DUI.

In the case that the car owner is not guilty of a DUI but his or her car was involved, the use of special plates still apply unless he or she files a sworn statement. If the driver does not have a car and one of the family members owns one then someone must apply for a special plate. You are not allowed to apply for new registration plates until you have completed a certain period of use. You may also receive your registration plate if the state decides to issue you a valid driver’s license.

If a state opts for a license plate impoundment, then such certain circumstances the authority has the mandate to take the license plates off the vehicle involved in a DUI. Acting on behalf of the Commissioner of Public Safety, the arresting officer is allowed to order for a license plate impound. Apart from the state Department of Public Safety, the judge also has the mandate to make such orders. In most cases, the impound order leads to the application of special plates when a provisional driver’s licenses have been issued.

If a family member wants to drive the impounded vehicle and has a valid driver’s license, he or she will require special plates to use it. Plate impoundment can be challenged in court, one should apply for the hearing within 30 days of receiving notice. An administrative review or a judicial review is required if the vehicle is impounded by mistake. This process is similar to an implied consent traffic law hearing. The least number of years one is expected to use the special plates is 1 year.

Most of the DUI offenders get their valid driver’s license if they participate in interlock ignition device programs and the use of special plates. These two penalties are at times used together especially in subsequent DUI convictions. To reduce the stigma caused by tagging the convicted drivers, most states opt for Ignition interlock devices. This device will in the future become mandatory to all the states in America.

The cost of renting an interlock ignition device can amount to less than $500(this is a rough estimate, the rate might be between 50$-100$ per month lease depending on where you are geographically located) if it is to be used for a period of 1 year. However, this does not account for the cost of installation which involves paying for:

  • The device installation
  • Device removal
  • Device calibration and maintenance

Before installing an ignition interlock device you are required to identify the certified installers from your state DMV website. The installer is required to cooperate with the state in terms of relaying information. The installer has to send proof of installation to the relevant authority. You are also required to obtain an Ignition Interlock Driver License (IIL) before using your vehicle on the road again. The state law determines the length of time of using the Ignition Interlock law.

The rolling-retest feature of the IIDs makes it tough for the convicted driver from using tricks on the device. Business people, convicted of DUI require the installation of ignition interlock device before they apply for a restricted license for work purpose that requires frequently driving. Ignition Interlock requirement increases with the increase in DUI Conviction: zero tolerance laws.

Apart from being embarrassed when using the interlock device and the special plates, there are added costs. Certain qualifications are required to be met if you need the State to help assist you financially to help cover your ignition interlock cost. This aid caters for installation, removal, and monthly lease fee of the device. The cost of alcohol-related driving offense is extremely high that is why some of the first offenders do not make a mistake of repeating the mistake. 

Mothers against Drunk Driving (MADD), a nonprofit organization, compared the effect of license suspension and interlock device installation on the reduction of repeat drunk driving offenses. They found out that the use of IIDs in vehicles can reduce the number of repeat drunk driving offenses by 67%. What if the device was used in conjunction with the special plates?

It is clear now that drivers using special license plates and ignition interlock users for DUI offense get enough stigma and helps in fighting DUI recidivism. It is likely that you will require an /FR44/SR50/SR22A to reinstate your driver’s license. Select Insurance Group gives you a chance to get back on the road with ease when you fill the auto quote form.

If you have questions, don’t hesitate to call: 877-949-7873 or 855-GET-SELECT (855-438-7353). One of our licensed agents will help you right away.

How to reinstate driver’s license after DUI in Ohio?

How to reinstate driver's license after DUI in Ohio?

How to reinstate driver’s license after DUI in Ohio?

How to reinstate driver’s license after DUI in Ohio? If you have come across terms like OVI when looking up DUI penalties in the state of Ohio, do not get confused. In Ohio, what is popularly referred to as DUI is referred to as OVI meaning, operating a vehicle under the Influence. 

According the Ohio State Highway Patrol’s records, the past five months in the 2016 have report a high rate of DUI reporting 10,586 offences. This is a higher figure compared to the 9,230 reported in the year 2015. These statics clearly indicate the seriousness of DUI. It is no wonder then that the law in Ohio treats DUI cases with the seriousness it deserves.

What qualifies as a DUI in the state of Ohio?

Different states have different alcohol concentrations that they treat as acceptable in their jurisdictions. Ohio like many other states has the following BAC level guidelines as a deciding factor of a DUI.

  • For people under the age of 21 years, .02% BAC
  • For people over 21 Years, .08% BAC
  • For commercial drivers, .04% BAC.

If you fall under any of the categories stated and have a BAC level equal to or higher than the specified levels, then you are DUI in Ohio.

Note: BAC refers to blood alcohol concentration levels.

BAC tests are either done by breathalyzers, urine tests or blood tests. For you to be charged with a DUI, there can be no doubt as to your state of drunkenness at the time of arrest. What are the penalties of OVI/DUI in Ohio?

 Jail timeFinesLicense suspensionIID requirement
1st DUI3 days – 6 months$250-$1,0006 months – 1 yearNot required
2nd DUI10 days – 1 year$350-$1,5001-5 yearsNot required
3rd DUI1 month – 1 year$350-$1,5001-10 yearsRequired
4th DUI2 months – 1 year$800-$10,0003 years to lifeRequired

For minors:

1st DUI

2nd DUI

10 days – 1 year

Up to 1 year

$500 to $1,000

$350 to $1,500

6 months to 3 years

1-5 years

Probably

Probably

CDL

1st DUI

2nd DUI

Not specified

Not specified

Not specified

Not specified

Up to 1 year

Life

Probably

Non-applicable

Vehicular DUIUp to 15 yearsNot specifiedLifeNO-applicable

Ohio operates an ‘implied consent’ law. What this means generally, is there is a general assumption that if you are stopped, and asked to take a BAC test, you will consent to it. This effectively means that refusal to take such a test will automatically get punished in some way or the other.

It is not advisable to decline an OVI tests, but circumstances and your own assessment of the situation may lead you to decline one. When you choose to decline an OVI test, the officer requesting for one should inform you of the consequences of such a refusal and read you your Miranda rights in case when they decide to arrest you.  

However refusal to take such a test has consequence as tabulated below.

1st refusal1 year license suspension
2nd refusal2 years license suspension
3rd refusal3 years license suspension

For any traffic related offense you commit in the state of Ohio, remember the records will always show that you have had a run in with the law. However, the ‘look back period’ for traffic offenses in Ohio is 6 years.

This essentially means that if you do not commit another traffic offense within 6 years of your past offense, then your records have been wiped clean. However, committing a traffic offense within this period will mean that past offense will be factored in deciding your current DUI.

DUIs and you

Driving under the influence of alcohol or any intoxication is never a good idea. However, time and again people have been involved in grisly accidents that leave others and even themselves either permanently maimed or even dead.

It is therefore not surprising that the laws are very strict on DUI offenses. Now let’s delve into the main issues.

DUI for people over 21

If you are over 21 years, you may get a small break as your BAC levels do not have to be very low for you to be considered DUI.

However, it is not advisable to drink then drive as you can never be quite sure you are not over the limit. Unless, you have a breathalyzer with you in your pocket to keep checking if you are ‘high’.

For a 1st offender, you should spend at least 3 days behind bars. This is just a minimum number of days. In reality if you are found guilty, you can be jailed for up to 6 months. That is not all; you could part with $250-$1,000 of your hard earned cash.

As if that is not enough, you face a license suspension of between 6 months to a year. However, you will not be required to install an IID in your vehicle.

2nd time offenders will definitely face steeper penalties. You are looking at a possible 10 days to a year behind bars. Your fines will obviously have been stepped up and you will have to cough up about $350-$1,500. Also in serious jeopardy are your driving privileges.

You will face a suspension of not less than a year but not more than 5 years. This definitely is not a good option. This being your second DUI, you will be a little lucky as you do not require an IID.

For a 3rd time offender, you will be pushing your luck if you expect leniency. You may need to sober up behind bars for a period of not less than a month and depending on the gravity of the circumstances, up to a year.

This time though, your fines will remain similar to those of your 2nd DUI. What should worry you is the suspension of 1 to 10 years.

This time though the court will require you to install an IID in your vehicle.

4th time offenders probably face the worst of the penalties. While jail time of between 2 months to a year may not disturb them much, the fact that they will have to pay a minimum fine of $800 to $10,000 would probably scare them.

If this is not punishment enough, consider a license suspension of between 3 years to a life time. In short, if you are that out of control, you may never be allowed to drive again for as long as you live in Ohio.

Minors and OVI in Ohio

It should be noted that across the nation minor DUIs are take very seriously.

For a 1st time offense, you may spend be jailed for 10 days to a year. You may also have to part with $500-$1000 and a license suspension of between 6 months and 3 years.

For a 2nd offense, get ready to be behind bars for up to a year with fines ranging from $350-$1,000. You are in danger of losing your license for a period of up to 5 years. 

Minors are given special interest because they are the future. Leniency on them automatically means they will go on to become people who really never care about road safety or laws.  This is why, alone with the jail time, suspension and fines, you will find yourself required to attend alcohol education programs and probation.

Each DUI case is as unique as the people involved, it is therefore up to the court to decide what penalties to institute against a minor in each case.

CDL holders and alcohol

Generally a driver who is licensed to drive any of the following vehicles is considered a CDL (commercial driving license) holder.

  • A vehicle that has a combined weight of 26,001 lbs and above
  • A trailer that has a gross weight of 10,000 lbs and above
  • A vehicle that is designated to carry any hazardous material
  • Tanks- vehicles that carry liquids or gaseous materials.
  • Double or triple trailers
  • School buses among others.

In Ohio, little patience is given for CDL holders convicted of OVI. Generally your first DUI is your only opportunity. Your license will be suspended for up to a year.

However, if the vehicle you are operating has the Hazardous material placard, your suspension will be taken up to 3 years.

CDL holders do not have a chance for a second DUI, once you commit your second DUI, your license may be revoked for life.

DUI vehicular manslaughter

Generally vehicular manslaughter occurs when a DUI driver cause the death of another while operating a vehicle. Vehicular manslaughter in Ohio is a felony. What differentiates the gravity of the penalty is the degree you are charged under.

1st degree conviction – you will face up to 11 years in jail. This is usually after an elevation of a 2nd degree felony in which case you would have spent 2-8 years in jail. However, if you have been found guilty of driving without a license, have a prior record of vehicular assault and a prior sentencing of a vehicular homicide, and then it is automatically to first degree.

You will also automatically get a lifelong license suspension. It will be pushed to another limit of 15 years if you have had more than 3 DUI convictions, more than 3 vehicular assault convictions in the past 6 years, 3 or more involuntary manslaughter convictions in the past 6 years among others.

Generally the penalties keep increasing with the seriousness of the incident and the previous driving violations for the past 6 years. What is guaranteed is long sentence and permanent loss of driving privileges.

Driving without a license

If you are DUI and have no license or are driving with a suspended license, the court may suspend your license for up to a year, you may go to jail for up to six months and you will pay up to $1,000 in fines.

This of course is only applicable when no other offense has been involved. If there was an incident, then the charges will drastically change.

Because of the grave nature of OVI offenses, chances of you losing you driving privileges in Ohio are very high.  The period of the suspension is heavily determined by the nature of the offense and your driving records.

How do you reinstate a suspended driving license?

As a general rule in the state of Ohio, as long as you are driving you need to have a minimum insurance cover. This is in order to carter for any incidents or accidents that may happen in the future. These insurance cover requires you to have:

  • $12,500 maximum per person for bodily injuries.
  • $25,000 maximum for total insurance pay outs to people injured in the accident. Generally  victims who file first benefit and the rest can pursue the policy holder personally for compensation
  • $7,500 for property damage.

However, when it comes to DUI convictions, a lot more is required. This is because you are perceived as a danger to road users (pedestrian or drivers). Once you are convicted of a DUI offence the court will order you to acquire a . A is not an insurance policy.

It is a document drawn up by your insurance provider assuring all and sundry that in case of an accident or an incident that will require financial compensation, you will be in a position to cater for the financial costs that will arise out of the incident.

When the time for your suspension expires, you will be required to pay the court $475 and produce a . This therefore means your insurer must be in a position to offer this to you. However, it is important to note that DUI drivers have the tendency to scare away insurance providers.

The reasons as to why are quite obvious. Dangerous drivers are not attractive people to cover. The cost of insurance is generally determined by a lot of factors, like the make of the car, the cost, the mileage to be covered on a daily basis, where it will be drive and so on.

However, for DUI drivers a special ‘clause’ is added to the many determinants. Namely: The drivers DUI history. This piece of information cause your insurance costs to go up drastically. Therefore, the next time you DUI put these factors into consideration.

Of special attention is the fact that in Ohio, you can plea bargain your conviction to a wet reckless. This generally changes the seriousness of the offense you are accused off. Plea bargains also change the nature of the penalties you will receive.

However, you will most likely be asked to produce a for this purpose too. Whatever the case, if you wish to lift your suspension, you will have to prove financial responsibility.

This can only be provided by your insurance provider.

At Select Insurance Group no client is too difficult for us.  DUI, driving without insurance, DUI minors among many others are our specialty.

We have the machinery, ability, know-how and willingness to help you. Our job does not entail us crucifying you, rather helping and advising you.

Some of the services we offer you are: , FR44, SR50, and SR22A among others. We fully understand the law and how it works.

We are therefore the ‘go to’ guys when you are faced by an insurance requirement you may be unfamiliar with. However, it begins with you.

By filling our easy to fill forms we will be available to serve you 24/7 from whatever state you wish to be assisted from. All you need to do is talk to us.

Remember!

There should never be a rush to dying, do not be the person rushing others to their graves. Drink and drive responsibly.

If you have questions, don’t hesitate to call: 855-GET-SELECT (855-438-7353). One of our licensed agents will help you right away.

California DMV 1650 Waiver Packet | 2016 Guide

California DMV 1650 Waiver Packet

California DMV 1650 Waiver Packet | 2016 Guide

California DMV 1650 Waiver Packet | Guide  – The 1650 waiver packet which is currently known as the 4007 form falls under the “Termination of California DMV’s Suspension Action based on Out of State Residency” application. It is very common to have visitors driving in California or California driving license holders moving to other states. However, they might not be in the right position to satisfying the terms set forth by the Department of Motor Vehicles (DMV). Which is also hard to remove the driving privileges hold. The DMV only accepts alcohol programs to be completed in California, hence accept to lose your privilege to drive in that state.

Interstate Driver’s License Compact (IDLC)

Some people get arrested in California while having a license issued by another state. The police are not allowed to take this type of license in case of a DUI. But you still have to comply with the charges.

What will happen is: the California DMV will suspend you from driving in its roads and this will be reported to your license state. Different states have an agreement they make with each other, the Interstate Driver’s License Compact (IDLC).

This type of agreement can impose suspension or revocation of the driver’s driving privileges in the home state. These penalties might be similar to those in California or enhance these penalties and fines imposed by the California courts and DMV.

This will only happen if the home state recognizes a DUI conviction or suspension the same way as California.

There are cases that occur when one was moving out of California and unfortunately pleads guilty to a DUI. These are rare cases that make one wonder if it is necessary to remain in the state and complete the programs proposed by the courts or the DMV.

What you need is an when you move to another state. You must be responsible and maintain the just the way you would have in California.

Apart from that, you should ensure that your insurance policy covers for the California’s liability minimums- required by law.

When you are allowed an out-of-state DUI Program, complete the court requirement, waiting out the suspension period and still can’t get your driver’s license privileges, then your case is special. To be on the safer side, if the court accepted an out-of-state program, make sure that the classes must be taken in California to meet DMV requirements.

You are left with two options: waive your privilege to drive in California or stay in California and complete the probation.

The 1650 waiver packet

The California DMV 1650 waiver packet – is a document that allows out-of-state licensees to drive in California. It is mailed to the licensee at an out-of-state address. You will only get a California license after 3 years of filing for the waiver.

You will require a utility bill or required document by the California DMV to prove that you live out-of-state. Currently, you will be given only one chance in a lifetime to qualify for the 1650 waiver. It will be allowed if you have already filed for an with the DMV. 

You will get your license back after 3 years and if you have completed the California DUIP class. If you are granted the 1650 waiver, then during this 3 years period you will not be allowed to obtain a California license. You can request for the application of the waiver from the Mandatory Actions Unit of the DMV in Sacramento, California.

What are requirements for 1650?

Requirements for the application packet of the 1650 waiver:

  • Proof of residency in another state (a utility bill or another official document)
  • An (proof of financial responsibility) on file with the DMV- For the purpose of an out-of-state , the 1650 Waiver includes a DL-300.
  • Pay the reinstatement fee
  • After California DMV’s suspension period has concluded (4 months to 2 years according to the court order)

If you are in possession of this type of waiver, you are free from the California hold on license or index number. The mail you will receive in your address will inform you on:

  • Your license suspension
  • California state DUI programs for your probation
  • The explicit instructions on how to complete the affidavit
  • The documents required for approval by the DMV

When your DUI program requirement is dropped, you do not have the need of filling for an .  If the California DMV places a hold on your license you might not get a license when you move to another state.

How to reinstate the driver’s license?

To get a valid license, you will have to appear in front of a judge and get a permission to take an out of state DUI program that is approved by the California DMV.

This method will help you get your license back with ease. In most cases, California DMV will not recognize an out of state or on-line DUI program- the court and DMV requirements are different.

In cases like these, one may require an attorney’s advice since it involved two states. You are thus required to have DUI knowledge of the two states and also the agreement they have in relation to your case.

The process needs patience since the MV Mandatory Actions Unit takes a while to respond to calls and requests. When DMV receives the forms, it will take them about 4-8 weeks to process your request for a 1650 waiver packet.

We recommend that you request a packet about 1 month before your suspension period is over.

Other tips on 1650 Waiver Packet

The 1650 Waiver is thus important when you want to reinstate your license when you are not capable of providing the proof of completion of a DUI program. If you get a license hold in California then you will not be allowed to get a license in your new state of residence.

When you are granted the California DMV 1650 waiver packet after proving that you are now a resident of a new state, then you have a made a promise that you will not drive again in California for a 3 year – period.

You should note that the waiver is for the mandatory alcohol program requirement, but they have to carry an insurance obtained from California. In case you are moving back to California and you want your driving license back – then you will be required to meet the DMV requirements first.

To get deep into this scenario, we may want to know the nature of the California DUI Laws and requirements.

California DUI Laws

One is entitled to penalties because he or she has committed a DUI Misdemeanor. This is as a result of driving under intoxication or influence of substances.  This will become a felony when the court, during the hearing, discovers that you had a criminal history during the arrest, you had a passenger under the age of 14 during the arrest, and you were involved in an accident, you were over-speeding or if it is your fourth or more prior DUI conviction.

California DUI arrest, 1650 waiver packet
There are over 160,000 arrests happen annually in California

The penalties for felony and misdemeanor are different with the later getting minor punishments. For a Misdemeanor case, the blood alcohol content or BAC during your arrest will prove your innocence. California considers impairment when one records a chemical test of BAC 0.08% or higher.

This amount of alcohol content is unlawful in California, especial when you are driving a vehicle. The police officer has the mandate to arrest you and take your license too. You will be aware of your constitutional rights.  Then the officer might ask you some questions. The implied consent appears when you refuse to take the available chemical tests.

Minimum and maximum penalties for a first DUI conviction

first DUI conviction penaltiesMinimum
License suspensionAt least 30 days
License restrictions5 months
Fine + assessments$390 + over $1,000
Jail sentence48 hours
Alcohol-treatment program$500- 3 months
First DUI conviction penaltiesMaximum
License suspension6 months
License restrictions10 months
Fine + assessments$1,000 + over $2,600
Jail sentence6 months
Alcohol-treatment program 

The probation period for a first offender is between 3 to 5 years. Do not violate the requirements. The standards include:

  • Avoiding alcohol when driving – no measurable amount of alcohol in your system
  • Submitting chemical test (blood or breath) upon request
  • Refraining from further violation of the California and nation laws.

Minimum and maximum penalties for a second DUI conviction

Second DUI conviction penaltiesMinimum
License suspension1-2 years
License restrictions2 years
Fine + assessments$390 + $1,800
Jail sentence10 days / 96 hours
alcohol-treatment program$1,800 – 18 or 30 month
InstallationInterlock device
Second DUI conviction penaltiesMaximum
License suspension2 years
License restrictions 
Fine + assessments$1,000 +
Jail sentence1 year
Alcohol-treatment program18 months.
InstallationInterlock device

Minimum and maximum penalties for third and fourth offense

Third and fourth offense penalties3rd Minimum4th minimum
License suspension3 years4 years
License restrictions  
Fine + assessments$390 + $1,800$390 + $1,800
Jail sentence120 days180 days
Alcohol-treatment program30-month30-month
Installation  
Third and fourth offense penalties3rd Maximum4th maximum
License suspension3 years4 years
License restrictions  
Fine + assessments$5,000 + over  $13,000$5,000 + over  $13,000
Jail sentence1 year16 months (state prison)
Alcohol-treatment program30-month30-month
Installation  

Penalties for felony

You’ll get to experience tough penalties. You will have to pay restitution to the victims.

If this crime happens within 10 years of the 3rd offense then the law requires to serve a jail sentence of 180 days. Like the rest, person entitles to fines, assessments, penalties, and probation.

4 years of driver’s license suspension. You need to perform an 18-month alcohol education program.  A community services are necessary.

Your experienced DUI / DWI defense attorney may help you reduce the charges on these convictions. But a misdemeanor is rather lenient than a felony. 

There are a couple of scenarios that revolve around the California DMV 1650 waiver packet which include:

  1. One is allowed for the waiver for a first-time DUI offense in California. Most of the solutions have been provided on the basis of this type of violation.
  2. One may be convicted of a first-time DUI offense in California, a resident of the state, but he or she travels for work out of state or attend school out of state. The court may allow an online DUI class or out of state program but the DMV does not accept any out of state completion.
  3. One is a resident of California. First-time DUI offense. The person was in the process of moving out of the state and become a resident of another state. The person could have made the decision because of the impact of the suspension. It could make a person search for another job. The 1650 waiver packet will help this individual to lift the CA DMV hold and get a new state license.
  4. One is not a resident of California, probably a visitor, gets a first-time DUI conviction. DMV will suspend the driver’s license. It is mandatory to complete the probation programs. The court might allow this but the DMV will still insist on completing the classes in California. In this case, the 1650 Waiver can save the situation.

DUI programs

In all the scenarios one can conclude that it will be hard to convince the DMV on the issue of completing the AB 541 Program from outside the state. The AB 541 is 3-month first-offender DUI Program which may cost you a fee of $480.00.

The cost for the programs may range from $200 to $3000 depending on your type of violation and court order.

The aim of this discipline to:

  • Demonstrate the benefit of a life of sobriety by reducing or eliminating recidivism
  • Enable participants to consider attitudes and behavior
  • Support positive lifestyle changes

You enroll in this program if you have a court order. The court allows the 32+ hours-online-program but not the DMV. This will put you under:

  1. Health Care Services (DHCS)
  2. Substance Use Disorder Compliance Division
  3. Driving-Under-the-Influence (DUI) Unit

Other DUI programs

6$675.00AB-762 Alcohol Program, 6 Month First Offender DUI Program, or California DUI School $225.00AB 803 Program, SB1176 Misdemeanor Class, AB803 Misdemeanor Class, AB-803 Alcohol Program, SB-1176 Alcohol Program, Wet Reckless Alcohol Program or Wet-Reckless Program

ProgramsClass HoursMonthsFeeOther names
SB38 DUI Program78 hrs.18$1,170.00

SB-38 Alcohol Program,

18 Month Multiple Offender DUI Program or

California DUI School

AB1353 DUI Program60 hrs.9$900.00AB-1353 Alcohol Program, 9 Month First Offender DUI Program or California DUI School
AB762 DUI Program45 hrs.
SB1176 Wet Reckless DUI Program12 hrs.

Each program requires:

  • Alcohol and drug education (12 hours)
  • At least 10 – 44 hours of group counseling
  • Individual counseling interviews
  • Additional hours

Second and subsequent DUI offenders must complete an 18-Month Program which requires:

  • Alcohol and drug education (12 hours)
  • Group counseling (52 hours)
  • Bi-weekly individual interviews
  • Community reentry monitoring (6 hours)
  • Additional hours

For a third and subsequent DUI offenders, they must complete a 30-month DUI program which requires:

  • Alcohol and drug education (12 hours)
  • Group counseling (78 hours)
  • Individual interviews
  • Community service (300 hours)

With all said and done, Select Insurance Group is your partner when you need assistance in obtaining an insurance. Need it in California?

Just fill out our short quote form.  We can find the best coverage to help you reinstate your license with ease.

If you have questions, don’t hesitate to call: 855-GET-SELECT (855-438-7353). One of our licensed agents will help you right away.

What is Florida SR22s insurance? How to get it cheap

What is Florida SR22s insurance? How to get it cheap?

What is Florida insurance? How to get it cheap

What is Florida insurance? How to get it cheap – Most people who have never had a run in with the law when it comes to traffic law violation probably have no idea of the nature of a. A is a document draw up by an insurance company as an assurance to any interested parties, (for instance; courts, other parties’ auto insurance companies and department of motor vehicles in any state), that the carrier of the document is financially capable of meeting any liabilities that may arise in the event of an auto accident in which they are victims.

 
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