3 Alcohol Problems that are Prone to DUI

Alcohol problems may lead to unwanted cases such as DUI. Here are 3 of those problems and some DUI cases caused by them.

1.   Binge Drinking

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Binge drinking happens when a person consumes a large amount of alcohol on a single occasion. This uncontrollable scenario usuallys lasts for several hours. Binge drinking is most common on young adults between 18-21 years old. Binge drinking may lead to legal offenses such as drunk driving, rape, gang fight and many more.

Sample DUI case: It was a Sunday evening when a group of 7 teenagers in a Mercedes C320 slammed a Ford F-150 at Freedom Boulevard Aptos. The vehicle was moving at 60 mph and the driver is driving under the influence of alcohol. The incident killed 4 people and 3 were injured. (Source: Santa Cruz Sentinel News)

2.   Alcohol Abuse

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Alcohol abuse is defined as a drinking pattern that follows a series of consequences for over a period of time. Some of such consequences include:

  • Failure to fullfill tasks and reponsibilities at home, school or work
  • Drinking in situations that are physically dangerous such as drunk driving
  • Continued drinking which affects relationships
  • Drinking as a way to de-stress

Sample DUI case: A 57 year old man from Brazos County was sentenced with 25 years of imprisonment after pleading guilty to 9th charge of DUI. The case became grave because he has numerous records of DUI due to alcohol abuse. His first DUI case was in 1978 and the following records were in 1992, 1993, 1996, 2004, 2005, 2007 and 2011. (Source: Chron)

3.   Alcohol Dependence

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There’s a misconception about alcohol abuse and alcohol dependence. A lot of people didn’t know that individuals may drink abusively without being dependent to alcohol. Alcohol dependence is also called alcoholism. It is a progressive disease that includes a strong craving for alcohol. An alcohol dependent person may experience the following:

  • He cannot control how much he drinks
  • He can experience withdrawal symptoms once he stopped drinking
  • He has tried to quit drinking but hasn’t been able to
  • He continuously drinks even if it has already affected his relationship with other people

Sample DUI case: A drunk woman was driving with her 2-year old son. She drove beyond the stop sign and then slammed into a flower delivery van. This incident killed the 72 year old driver of the delivery van. The authorities said the woman took prescription sedative, swigged champagne, and filled a plastic cup with whiskey before the incident. She was sentenced to 9 to 23 months of imprisonment. She has been doing treatments for depression and alcohol addiction. (Source: Philly)

If you are experiencing any of these drinking-related problems, seek help from professionals. These problems have a high risk of leading into a DUI/DWI arrest.

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4 Types of Checkpoints You Might Encounter in the US

Attorney Ross Goodman
520 S 4th St,
Las Vegas, NV 89101
Phone: (702) 383 – 5088
Fax: (702) 385 – 5088

Different checkpoints have different purposes but their main goal is to enforce the law and to ensure that citizens would comply with the law. Here are some types of checkpoints that you might encounter in the US.

Sobriety Checkpoints

1This type of checkpoint is where officers usually check if the driver is impaired from drinking or from other substances. This is where DUI arrests usually happen. Usually, you would see sobriety checkpoints during the time when DUI/DWI cases are rampant such as holidays, weekends, events within the area, etc. (Source: AAA DUI Justice Link)

Witness Checkpoints/Information-seeking Checkpoints

5The purpose of this checkpoint is not to catch criminals. Their purpose is to gather information from about recently committed crimes within the area. Policemen usually ask for assistance from the public in identifying vehicles or people that could be involved in a crime or accident. (Source: Criminal Procedure by Joel Samaha)

Driver’s License Checkpoints

6The objective of this checkpoint is to make sure that the driver’s license of the motor vehicle driver is not fake nor expired. It could be unconstitutional if the checkpoint does not have legitimate reason for setting up the checkpoint. It could only be constitutional if the driver’s license checkpoint was conducted in a predesignated manner. (Source: The Police Chief)

Border Patrol Checkpoints

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These checkpoints are usually located in hidden areas. But you could expect them in several parts of northern and southern Border States such as California, Texas, Arizona, Alaska, Michigan, New York, and many others. This type of checkpoint usually requires drivers to verify their residence status or present documents that prove their right to be in the United States. (Source: ACLU)

Just remember, the authorities are allowed to use roadblocks for specific purposes. The legality of a checkpoint depends on its primary purpose. For instance, a general crime control checkpoint is a Fourth Amendment violation because it is not valid.

Defense Strategies Used by DUI Lawyers in Las Vegas

Attorney Ross Goodman
520 S 4th St,
Las Vegas, NV 89101
Phone: (702) 383 – 5088
Fax: (702) 385 – 5088

DUI lawyer

A defense attorney formulates concrete defense strategies for his clients. This is to assure that the DUI case will be dismissed. Here are some of the common defense strategies that DUI/DWI lawyers use:

Involuntary intoxication

There are some situations that the driver gets intoxicated without his knowledge. The driver was given a drink that has more alcohol content than he/she actually thought. The driver (or the defendant) must be able to prove in court that he/she is not liable for his/her own intoxication.

Failure to read Miranda rights to the driver

This can be used in several circumstances such as when the authorities started to interrogate the driver or when the driver was brought into custody even without reading the Miranda rights to him/her.

Other causes of high reading in breathalyzers

There are times that breathalyzers read the alcohol level inaccurately. Some of the reasons of such include acid reflux or heart burn which causes the driver to blow mouth alcohol instead of alveolar air from the lungs. Braces, cavities, dentures and denture adhesives, food impactions, etc. can also cause mouth alcohol. Using of breath spray, cough syrup or cold medicine before breath tests can also affect the results.

Unjustified DUI Stop

A lawyer uses this defense if the arresting officer could not provide a legitimate reason for asking the driver to pull over or reasonable suspicion that the defendant committed a traffic violation caused by alcohol intoxication. If the officer cannot provide justified reasons for the DUI traffic stop, the DUI case will be dismissed.

Other factors that can cause poor sobriety tests results

An officer administers a field sobriety test if a driver is suspected of driving under the influence. There are some instances when the driver struggles in completing the test because of certain conditions like flashing lights due to traffic, cold temperature, uncomfortable outfit or the test area is too dark. Anxiety or nervousness because of the situation could also cause the driver to fail the test.

The symptoms of intoxication have rational explanation

Common signs of intoxication are slurred speech, flushed face or bloodshot eyes. But there are instances when these signs are not caused by alcohol intoxication. Bloodshot eyes can be caused by allergies or fatigue. Flushed face can be caused by embarrassment, nervousness or other types of emotions. Slurred speech could be caused by some health disorders.

DUI Offenses: Common Questions and Answers Part I

Attorney Ross Goodman
520 S 4th St,
Las Vegas, NV 89101
Phone: (702) 383 – 5088
Fax: (702) 385 – 5088

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Here are the common questions about DUI. We also aswered them for your reference.

  1. How does an officer search for drunk drivers on the highways? What does an officer look for?

Listed below are the symptoms that a vehicle is drived by a person who is under the influence of alcohol.  The list is based from the research conducted by the National Highway Traffic Administration:

  • Turning with a wide radius
  • Straddling center of lane marker
  • “Appearing to be drunk”
  • Almost striking an object or vehicle
  • Weaving
  • Driving on other than designated highway
  • Swerving
  • Speed more than 10 mph below limit
  • Stopping without cause in traffic lane
  • Following too closely
  • Drifting
  • Tires on center or lane marker
  • Breaking erratically
  • Driving into opposing or crossing traffic
  • Signaling inconsistent with driving actions
  • Slow response to traffic signals
  • Stopping inappropriately (other than in lane)
  • Turning abruptly or illegaly
  • Accelerating or decelerating rapidly
  • Headlights off

Note: Speeding is not a symptom of DUI and may indicate sobriety because of quicker judgment and reflexes.

  1. If stopped by a police officer and asked if you have been drinking , what is the best possible response, regardless of whether you have been drinking or not?

A polite “I would like to speak with my lawyer before I answer any questions,” is a good reply.  On the other hand, saying that you had one or two beers is not incriminating – it may explain the smell of alcohol in your breath.

  1. What is the officer looking for during the initial detention?

The traditional symptoms of intoxication taught at the police academies are:

  • Flushed face
  • Red, watery, glassy and/or bloodshot eyes
  • Odor of alcohol on breath
  • Slurred speech
  • Fumbling with wallet trying to get license
  • Failure to comprehend the officer’s questions
  • Staggering when exiting vehicle
  • Swaying/instability on feet
  • Leaning on car for support
  • Combative, argumentative, jovial or other “inappropriate” attitude
  • Soiled, rumpled, disorderly clothing
  • Stumbling while walking
  • Disorientation as to time and place
  • Inability to follow directions

 

Are you looking for an experienced drunk driving defense lawyer? Contact Atty. Ross Goodman at (702) 383 – 5088 for a free legal consultation. You can also ask questions at Avvo.

Prescription and Over-the-Counter Drugs That Could Get You a DUI/DWI Charge

Attorney Ross Goodman
520 S 4th St,
Las Vegas, NV 89101
Phone: (702) 383 – 5088
Fax: (702) 385 – 5088


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Illegal drugs and alcohol are not the only substances that can affect drivers. Over-the-counter and prescription drugs can also impair drivers on the road. Here are some types of prescription and over-the-counter drugs that could cause a driver’s impairment:

OVER-THE-COUNTER DRUGS

Antihistamines

This type of drug comes in pills, tablets, capsules or liquids that are used to treat allergies. A driver who took an antihistamine could have slow reaction time while driving any may have impaired coordination.

Analgesics/non-steroidal inflammatory drugs

Pain medications usually don’t have side effects. Some people that have taken ibuprofen in the right dosage do not feel any effects such as dizziness and drowsiness. However, people who are a bit older or people who have taken a higher dosage of analgesics may experience impairment. One option is to ask your physician for a prescribed analgesic that doesn’t have any side effect.

Cough and cold preparations

Decongestants are the most common cure for colds. Most decongestants can cause drowsiness and blurry vision that could affect drivers while driving. Only some people can afford prescription medicines in treating allergies that cause colds. Prescribed medicines for allergic rhinitis are non-sedating, unlike over-the-counter drugs that could cause different effects to the driver.

Anti motility agents

Most anti-diarrheal loperamides have labels that advise people to be cautious while driving or operating machinery after drinking the drug. Although it is just an opioid receptor, loperamide can cause drowsiness and dizziness.

Sleeping aids

Some people suffer from insomnia that is why they turn to sleeping aids. It could have instantaneous effect or may kick in after a while. But its effect and its purpose is to help people sleep. Even after waking up from a sleep, residual effects of sleeping pills may impair drivers.

PRESCRIPTION DRUGS

Anxiety drugs

Medications for anxiety usually reduce brain activity as part of the treatment. The common effects of this type of drug are clumsiness and lack of energy which could be dangerous for people who are driving. Other effects include blurred vision, impaired judgement and confusion.

Antidepressants

Some anti-depressants are sedating. They could have similar effects like that of taking an alcohol.

All of these drugs are legal. Some people really need to take them for treatment but irresponsible use may cause danger on the road. If you are taking medicine, determine or examine yourself if you can really drive smoothly. In case you need a DWI defense attorney, Attorney Ross Goodman can provide you excellent legal services. Just call (702) 383 – 5088 for a free consultation.

DUI and Alcohol Addiction

Attorney Ross Goodman
520 S 4th St,
Las Vegas, NV 89101
Phone: (702) 383 – 5088
Fax: (702) 385 – 5088

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Alcohol addiction is not always easy to spot in yourself or a loved one, but it leaves a scar on the person.  It may not always be clear what the cause of alcohol addiction is, but we need to find it out as soon as possible.  From here, we can make a step towards change.

Use, Abuse, and Addiction

The effects of alcohol vary widely from person to person.  People with a family history of alcoholism are more likely to develop a drinking problem.  People who suffer from depression or anxiety may also be at risk.

There are numerous reasons why people drink alcohol.  Some try them out of curiosity, for the fun of it, to be accepted in a peer group because friends are doing it, and other likely reasons. For many people, the questions of abuse and addiction is more closely tied to the consequences of use rather than the amount of substance consumed.  Even if you rarely consume, if drinking interferes with your daily activities in life, then you have a problem.

 

Seek Help and Stick With a Plan

Denial and addiction have always been best friends.  Denial is strong in a person who is addicted, and it is often hard for them to realize the destruction that they have caused to themselves or others.  Getting them to seek help may be a problem.  Often, they will simply not listen to advice.  If you know someone whom you think has an addiction problem – your spouse, a friend, or a family member – think of ways on how to properly talk to them.  Consider how you might want to persuade them to make that decision on their own.

It may not be always easy to get people we know to seek addiction treatment, but it is vital that we try.

Recovery Plans

There are many rehabilitation facilities close in your area and it is best to get a consult.  This is just one of the many rehabilitation centers for your loved ones that you may want to consider:

Las Vegas Alcoholics Anonymous – http://www.lvcentraloffice.org/

DUI as a result of Alcohol Addiction

We are aware that (BAC) blood alcohol level is the concentration of alcohol present in the bloodstream. The more a person drinks, the higher the BAC. A BAC of 0.05% means that there is 0.05 grams of alcohol in every 100 millimeters of blood. However, it is possible for two people to drink the same amount of alcohol but have different BACs.  This is because factors like gender, weight, alcohol consumed and time plays an important role in alcohol consumption.

You need to face DUI charges if you were caught drunk driving and your BAC exceeded the following BAC limits:

– 0.02% for drivers under the age of 21

– 0.04% for commercial license holders

– 0.08% for everyone else

In average, there are over one million drivers being accused of DUI each year and criminal charges related to drunk driving in Nevada. If you are accused of DUI, you need to seek help from a drunk driving defense lawyer right away.

 

Are you accused of DUI/DWI?

If you happen to be arrested for DUI or DWI, seek the legal advice of Atty. Ross Goodman, one of the best criminal defense lawyers in Las Vegas.  He can help you save your driver’s license and get your drunk driving charge reduced or dismissed. Just call Atty. Ross Goodman at (702) 383 5088 for a free legal consultation.

Penalties for 2nd DUI offense

Attorney Ross Goodman
520 S 4th St,
Las Vegas, NV 89101
Phone: (702) 383 – 5088
Fax: (702) 385 – 5088

Nevada DUI Laws

In the State of Nevada, people who commit a subsequent offense above a DUI offense face more penalties than those who committed a DUI offense alone. The accumulation period starts from the day that the person has been convicted with his or her first DUI. Immediately consult with a DUI defense attorney if you are facing drunk driving charges. You need enough time in order to meet the deadlines set by the court.

http://goodmanlawgroup.com/criminal-defense-in-las-vegas-nv/dui/second-dui/


Penalties

A person who is convicted with second DUI would face the following penalties:

  • Imprisonment

Depending on the case, the judge may impose a jail time between 10 days and 180 days (6 months). Your domestic violence lawyer may appeal for an alcohol treatment program or a residential confinement in lieu of the jail time. For example, a person needs to be jailed for 180 days. If the lawyer has successfully appealed for a treatment program, the convicted person can serve only 80 days in jail and serve the remaining 100 days in a treatment facility. It is also possible to serve the entirety of the sentence in a treatment facility.

  • Community Service

The judge may allow the offender 48 to 96 hours of community service in lieu of the jail time. If the community service is granted, the person is required to wear clothing that identifies him or her as a DUI offender.

  • Fines

The court may impose an additional fine between $750 up to $1,000.

  • Suspension of License

The DMV would suspend the offender’s license for a year. A DUI lawyer can request an appeal for the license suspension.

Attorney Ross Goodman

goodman law group

If you are charged with DUI, hire Attorney Ross C. Goodman as your DUI attorney.  Contact his office at (702) 383 – 5088 to avail free consultation.