When the organization Mothers Against Drunk Driving or MADD for short was formed way back in 1980, it was formed by a woman named Candice Lightner after her 13 year old daughter Cari was hit and killed by a 4-time habitual drunk driver in California.

This was not the only time that Candice had a run in with a drunk driver. When her daughter Cari was just 18 months old, Lightner’s mother was driving the family station wagon when she was rear ended by a drunk driver.

Then just 6-years later her son who was 4 years old at the time was playing in front of their home when he was struck by a car driven by a woman who was driving impaired at the time due to being on tranquilizers.  Her son suffered massive injuries and slipped in and out of a coma for several days, not to mention under went numerous surgeries to repair the damage that was done.

So as you can see, Lightner had been struck by lightning, so to speak, 3 times. I don’t think anyone could blame her for starting the organization MADD. After running the organization for 5-years Lightner left the organization. She had accomplished a lot in her 5-year run as the head of MADD.

There is definitely a lot more to the Candice Lightner story. If you would like to find out more about her there is a good article over at dui.com and another piece about her over at answer.com.

Now let’s talk a little bit about the BAD side of MADD and what has happened to the organization since Candice left. Everyone has heard the term left-wing and right-wing, liberals are left and conservatives are right. If an organization or politician goes too far one way, they are in some circles called an extremist.

Well MADD has gone so far left that they have created their own little world where neo-prohibitionism and socialism are the standard. MADD’s belief is that prohibition is what this country needs and that the only reason it didn’t work from 1919 to 1933 is because the government went about it wrong.

MADD has become so powerful and manipulative over the last 25+ years that it has gotten to the point that when they speak people listen and say “well if MADD said so, it must be the truth”, give me a break. Come on people think for yourselves.

Did you know that in 2007 MADD took in roughly $44.4 million dollars in donations? MADD claims that it costs them an average of $47 for every $100 they receive in charitable donations.

Charities are graded each year by the American Institute of Philanthropy  to see how efficient they are at spending the money they take in and how much of that money actually goes towards the organization’s cause. It doesn’t take a rocket scientist to see that MADD is only operating on a 53% efficiency level.

Really efficient charities operate on a 90% efficiency level meaning that for every dollar they take in 90 cents actually goes to the charities cause. A 53% efficiency level is really bad in my opinion. I personally would never make a charitable contribution to an organization where only half of the money I donated actually makes it to the programs where it is needed. And depending on what you read, that figure just seems to get lower and lower. I am apparently being very generous with my 53% rating.

Did you know that the average salary at MADD for the top executives is over $150,000 a year? Do you think they could raise their efficiency level if they were to cut some of those salaries?

I could go on and on about MADD and charities in general, but I don’t want to turn this blog post into a book. Umm, maybe I should write a book about charities and title it “The 100 Most Corrupt Charities & Why You Shouldn’t Contribute Your Hard Earned Money to Them”? That might get me in hot water and I’m sure someone else beat me to the punch.

As a tax payer I am discussed that the California legislature cannot seem to figure out how to fund this program using monies that are already being collected from DUI offenders to pay for such a program. This is just another example of how big government has got their blinders on and taking the stand that “this is how we have always done it so why should we think for ourselves”.

Just because this is how it’s always been done in the past doesn’t mean that it is right. Our government is sucking this country dry, don’t believe me, just take a look at the national debt clock and tell me different.

If you don’t have the funds available for the program, don’t ask the American people to incur further debt. Figure out how to fund the project with the funds that are already being collected from DUI offenders. This is a state run program and problem, not a national program an problem, figure it out California!

Alright, back to the subject of ignition interlocks.

I have to disagree with the state’s take on repeat offenders, specifically someone who is convicted of a third or subsequent offense, what I would classify has a “habitual offender”.

All the state is creating is a system that is geared towards generating money from habitual offenders, knowing full well that these people have a serious problem and imposing longer license suspension periods and ignition interlock periods is just a crutch for a deeper problem.

What needs to happen is to impose the three strike rule for DUI offenders, if you get arrested for a third DUI, your license is permanently revoked for life. My mistake, that stand would take money out of the state’s pocket and wouldn’t allow the person to keep making the same mistake over-and-over again so that they keep generating revenue for the state.

Brawley’s dad, Nick will be able to hold his hand and guide him through the DUI process and tell him that he needs to hire the best California DUI lawyer he can afford, which is of course any lawyer he wants.

Because as we all know hiring a top notch defense lawyer or team of lawyers is the best way to beat a DUI charge hands down.

For an alcohol related conviction your driving privileges will be suspended from 90 days up to 2 years, if an individual refuses a blood or breath test, or has a failing result from a blood or breath test.

A failure would be a BAC percentage of 0.08 or greater.

If you are the driver of a commercial vehicle, a blood or breath test refusal or a failure your CDL will automatically be suspended (disqualified) for one year.

Texas Transportation Code Chapter 524, Texas Transportation Code Chapter 724, 37 Texas Administrative Code 17.7.

Reinstatement requirements after a DWI

After serving the jail time, if any, and after the suspension or revocation period has expired you can now start the process of getting your driving privileges reinstated.

*You will need to pay a reinstatement fee prior to renewing your driver license of $24.00-$60.00 depending on which license you are reinstating.  An example would be a Commercial Driver License verses a regular driver license.

*Next you will need to show proof of an SR22 insurance policy from an insurance company and submit that to the Texas Department of Public Safety.  DPS requires you to carry a SR22 insurance policy for 2-years from the date of your DWI conviction.

*If you are ordered by the court to complete a Repeat Offender Education Program, Texas DPS requires you to forward a completion certificate of such a program before the suspension/revocation period has expired.  If you do not comply you could face an additional suspension or revocation period.

Drug Offense Suspension or Revocation

If convicted of a drug offense in Texas your license will automatically be suspended for 180 days upon the final conviction of such an offense.  (Note: This suspension does not have to be while you are driving a motor vehicle.)  You will also be required to complete a mandatory Drug Education Program within the 180 day suspension period, if not completed, the suspension will remain until a Drug education Program is completed and Texas DPS receives a copy of the certificate of completion. (Texas Transportation Code 521.372.)

Reinstatement Requirements after a Drug Offense

The reinstatement requirements are virtually the same as an alcohol related offense, the only difference being is you will need to forward a certificate of completion from a Drug Education Program to Texas DPS before your license can be reinstated.

What are the Minimum Liability coverage amounts in Texas?

According to the SB 502 that went into effect on 04/01/08, the current minimum liability coverage amounts in Texas are:

*$25,000 for bodily injury or death of 1 person in an accident.

*$50,000 for bodily injury or death of 2 or more persons in 1 accident.

*$25,000 for property damage or destruction of others in 1 accident.

What will happen if my SR22 Insurance policy gets cancelled?

If you forget to pay your SR22 insurance policy premium on time, or the policy gets cancelled/terminated, your insurance provider will contact Texas DPS and report that there has been a lapse in your insurance coverage.  After this report from your insurance provider Texas DPS will suspend your driving privileges and vehicle registration again.  This will only cost you more time (possibly from an additional jail term), and more money (from additional fees).

Furthermore you will have to start the SR22 insurance coverage period all over again from day one, no matter if you were 2 months into this period or almost 2 years.  Some sound advice would be to pay your policy premium as far in advance as you can to avoid this additional strain.

I want to start off with what a prospective employer or agency may be looking for when they opt to run a background check.  Your background check might include a social security check (SSN check) that will list your legal name, any aliases you might use, current and former addresses, and when your SSN was issued, former and current employer, to name a few.  Other companies may want to know about any character references, education records, workers compensation claims, and medical history.  This is not a complete list used by companies, they may also want to verify your legal status (citizenship record), such as if you were U.S. born, in the country illegally, or on a legal working permit.

An example would be, if an individual claims to be a U.S. born citizen but the social security number’s date of issue was only a few months ago; this can signal that someone is lying about their country of birth or their U.S. working status.  If you are unsure of your citizenship status, this would be a good opportunity to make sure your citizenship status is up to date, as this could cause a loss of the job you are applying for, or worse, cause some serious legal trouble.

Another portion of what shows up on a background check is the financial status of an individual.  A look at this report can assist prospective employers in determining your financial status, credit score/rating, and whether or not you have claimed bankruptcy or not.   This information is crucial to an employer if the individual is applying for a position in the company that deals with the company’s assets or funds.  An unfavorable “credit situation” can signal that an individual has poor money management skills, and therefore would not handle the assets of the company in an effective manner.

An important factor in the background check is an individual’s criminal history, if any.  A standard criminal background check includes your name, race, gender, date of birth, offenses and conviction dates, if any, and any other charges against you.  This report usually starts with a County Criminal Records check where felony or misdemeanor information, if any, is checked.

If you have a history of drug and alcohol abuse this will also be shown at this time.  If you have a pending criminal investigation against you or if there is, for example, a DUI conviction missing from your criminal report due to it happening a month ago and you notice this, now is a good time to upfront and honest about the charge as it could cost you your job at a later date.

Your background information is extremely important to check and verify, you will never know what your background information shows, positive or negative, until it’s too late.

Get a Background check now!

1.    The process starts with you applying for a new license at one of Alaska’s Division of Motor Vehicle offices.

2.    Next, you will need to pass a written and a vision test, and some applicants may need to pass a new road test as well.  There are specific procedures that need to be followed for a road test. Please follow the link to view these procedures.

3.    You will be required to pay the reinstatement and license fees.

REINSTATEMENT FEES:
•    One action   (Cannot be DUI related) - $100.00
•    One DUI  (No other actions) - $200.00
•    One DUI plus one other action - $250.00
•    Two actions (Cannot be DUI related) - $250.00
•    Two DUI’s - $500.00

DRIVER LICENSE FEES:

•    Commercial - $100.00
•    Driver / Motorcycle - $20.00
•    Original Instruction Permit - $15.00; $5.00 Renewal
(Source: Alaska.gov)

4.    You will need to present acceptable documents that prove your date of birth and your legal name, before your driving privileges will be reinstated.

5.    If you are under 18 and your parents are not going to come with you to the DMV for your appointment, you will need to bring with you a notarized Parent consent form.  This consent form will need to be obtained ahead of time and completed before your appointment.

6.    Alaska requires you to contact a state approved drug or alcohol treatment and education facility for an evaluation.  This evaluation will instruct you on what procedures you will need to follow in order to obtain a letter stating that you have taken the necessary steps for the completion/compliance of a drug or alcohol treatment and education program.

•    On the first offense Alaska requires you to provide proof of compliance/completion with one of the state’s approved drug or alcohol programs.

•    Upon the second or subsequent offenses you will be required to participate and pay for a drug or alcohol education and treatment program.  You will also need to show proof that you have completed this program before your license will be reinstated.

If there are other issues with your driving record that need to be taken care of before you begin going through the necessary steps to get your license reinstated, an the Alaska Division of Motor Vehicle Department will provide you with the information that you will need to resolve these additional problems before you can start the process of getting your driving privileges can be reinstated.

For more information regarding the Alaska Division of Motor Vehicles policies and procedures please visit www.state.ak.us.

Or write to the State of Alaska at:

Division of Motor Vehicles
Atten: Zero Tolerance
PO Box 110221
Juneau, AK. 99811-0221

Phone: (907) 465-4361
E-mail: DOA.DMV.JDL@Alaska.gov

According to the Illinois.gov statistics, 10% of all licensed drivers are under the age of 21, but, this same 10% are involved in 17% of alcohol-related fatal crashes.  Nationally, six people between the ages of 15-20 die in motor vehicle crashes every day.  Additionally, about 2 out of every 5 Americans will be involved in an alcohol related crash at some point in their lives.  I know I was involved in one when I was 20 years old.

I thought these were staggering statistics that needed to be shared.  With more and more teen drivers on the road everyday and with some states trying to raise the age when a teen can apply for a driving permit, the last thing anyone of us wants is for a teen to be drinking and driving and worst case be involved in an alcohol related crash and injure someone.

With that being said I wanted to share the legal consequences of underage drinking and driving in Illinois with you so you could pass this along to a teen driver, if you have one, or if you yourself are a teen driver reading this.

The first under age 21 DUI conviction produces a maximum of a $2500 fine, possible imprisonment of up to a year, and a loss of full driving privileges for a minimum of 2 years.

The second under age 21 DUI conviction leads to a mandatory 48 hours in jail or 10 days of community service, loss of driving privileges for a minimum of 3 years or until the age of 21, whichever is longer, possible jail term of up to a year, and a maximum of a $2500 fine.

A third under age 21 DUI conviction is a class 4 felony and carries some seriously stiff penalties with it.  Not only will you loss your driving privileges for 6 years, and possible spend 1 – 3 years in jail, you could receive a maximum fine of $25,000.

There is also a class 4-felony charge following a crash that results in permanent disfigurements or bodily harm.  The first time consequences are a fine of up to $10,000, a jail term of 1 – 3 years, and a minimum of a 1-year loss of driving privileges.  These penalties could possibly be in addition to a first time underage 21 DUI conviction, for example.

The penalties listed above are for a driver under 21 with a BAC of .08% or greater, a chemical or breath test result from .01% - .08% BAC would be in violation of Illinois’ “Zero Tolerance Law.”  The “zero tolerance law” has significantly lower driver license suspension periods than a DUI conviction, but the effect on a teen’s life is just as substantial.

Illinois has an “illegal to posses” and an “underage illegal transportation of an alcoholic beverage” charge that sounds like the two would be the same, but the 2 charges bring significantly different penalties with each conviction.

A charge of “underage Illegal transportation of an alcoholic beverage” carries with it a driver’s license suspension and a maximum fine of $1000 for the first conviction, and a driver’s license revocation for the second conviction.  What is unclear is for how long the suspension or revocation period is.  This could be left up for the court to decide at a later date.  While charging a teen with a “possession of alcoholic beverage” will deliver a maximum fine of $2500, and up to a year in jail.

Some of these convictions are straightforward with their penalties and some like the “illegal to posses” or “underage illegal transportation of an alcoholic beverage” is vague in their listing of the penalties.  I would highly suggest talking to an attorney and retaining their services if your teen driver or a teen driver you know has been arrested for any of the crimes.  They would be the only resource that could make better sense of these charges and could subsequently lower many if not all of the penalties listed.

6.  Not requesting that the officer be present at you motor vehicle hearing. I strongly suggest that you request that the officer be present at this hearing, if you do not do this you will have to subpoena the officer at a later date.  Furthermore, the hearing will be based off of the officer’s report, and you will not get a chance to hear the reason why the officer pulled you over in the first place.  At the motor vehicle hearing your attorney, if you hired one, gains an advantage to not only learn more about your case, but also to challenge the reason as to why you were pulled over and if the officer can’t justify the reason you should be able to get your license back.

7. You take the District Attorney’s first offer. The first offer by the district attorney is basically an offer to make this case disappear with as little work on their part as possible.  Again, this is where your attorney can help you because you want the state to prove its case against you, and you do not want to give up any of your constitutional rights.

8. If you yourself fails to appear in court. I don’t care what excuse you have, whatever it is it will not fly with the judge at all.  If you do not show up the court, the court will issue a warrant for your arrest, revoke any bond, probably put you in jail, suspend or revoke your license longer, and you will incur more fines and hardships because you didn’t show up to your court hearing.  This tip is pretty self-explanatory but I wanted you to know what could happen if you fail to appear in court.

9. Talking to your friends, family, or anyone, but your attorney about your case. I know that may sound weird but you run the risk of turning them into an involuntary witness that can be used against you.  I understand that you are frustrated and upset but do not do it.  You need to remember the details about your case and what happened; a good thing would be to write them down and keep them in a safe place from everyone, except your attorney of course.  You need an accomplished criminal defense attorney to represent you in court.

10. Do not represent yourself in a court of law because you talked to a few attorneys and you think you can handle it on your own. This mistake is similar to mistake number 3 but it does need repeating and more details as to why you should never do this.  When you forgo the choice of hiring an attorney and decide to represent yourself, you will undoubtedly pay a lot for this mistake.  This only works in the movies and furthermore most judges will allow you to do this if you decide to do so, as this is a right that you have but it’s not a good right to exercise.  You will probably miss important court dates, not have the proper forms filled out and submitted, and the judge won’t know if they should protect your rights because no one is there to defend you.  Like I said it’s complicated, so hire a criminal defense attorney and let them handle it.

1.    Not taking the matter seriously.  In most states you have ten days from the date the DUI occurred before you lose your license.  In the case of your license being taken at the time of the DUI because you failed or refused a PBT (Preliminary Breath Test) you will need to obtain a temporary license and request a hearing at the motor vehicle department within that time frame.  If you do not request a hearing you will have to wait until after the hearing or after the suspension period of 90 days to a year, depending on your state’s law.

Furthermore, a DUI charge can follow you around for a lifetime if you are convicted.  With the technology available today the DMV can keep track of your DUI until you’re dead.  The state takes this offense serious as well as the DMV, so you should too.

2.    High risk Insurance.  The additional Insurance premium increase due to having to carry a SR22 Insurance policy can cost hundreds if not thousands more than you’re currently paying.  In Colorado it is approximately a $4800 increase in the policy premium and that was in 2004 according to the Rocky Mountain News.  There are online resources that have partnered with top insurance companies that can deliver multiple competitive quotes to you within a few minutes.  Again the idea here is to start early.

3.    Not hiring an attorney.  Part of a good defense against a DUI is competent representation in court so do not take the chance and do it yourself, as doing so is a well-documented mistake.  This can be expensive, but the law is twisted, complicated, and honestly just too hard to understand for a normal person.  You will need an experienced attorney who is well versed in DUI criminal defense and you need it fast.

4.    Hiring an attorney based on price alone.  You have decided to hire an attorney and the goal here is to pay a reasonable enough fee that can allow him or her to allocate enough time and effort into your DUI case to raise the right defenses at the right time and challenge the prosecution’s case as much as possible.  If your attorney can counter the prosecution with enough doubt, facts can disappear, witnesses are longer credible, and memories can fade.

5.    Driving after a license revocation or suspension. In the eyes of the law you have lost your right to drive after a revocation or suspension.  And honestly it’s just plain stupid if you drive after losing your license for any reason.  If you are pulled over and the officer learns that you are driving on a revoked or suspended license, you more than likely will be arrested and the fees associated with this separate conviction are more expensive and additional to the original offense that made you lose your license in the first place.  For example you may have to post an additional $10,000 bond to get out of jail and if you are convicted spend 45 days or more in jail.

Check back in a few days, as I will post 5 more common mistakes that occur after someone is arrested and convicted of a DUI.

The AlcoHawk Pro Portable Breathalyzer meets the rigorous DOT (Department of Transportation) standards as a breath alcohol screener as it employs a state of the art Semi-conductor Oxide Sensor to quickly and accurately test and display a subjects estimated BAC percentage.

The AlcoHawk Pro offers AirCheck Technology, which helps ensure that a sufficient deep lung air sample is being exhaled from the test subject.  In addition the AlcoHawk Pro utilizes Sensor Recognition Technology to monitor for certain kinds of abnormal sensor circumstances.  These technologies have been made available to the consumer to provide them with some of the most professionally advanced breath testing sensors to enable some of the most accurate estimations of an individual’s intoxication level on the market today.

Technology such as the Oxide Sensor will require a periodic calibration, as the sensor gets saturated with repeated use and the BAC percentage reading might become misleading.  You may be thinking, “What a pain!” but in reality this calibration process is key in providing you with professional results that are similar to what Police Officers would use in the field.  It is a small disruption compared to the vexation of a DUI and the overwhelming legal fees associated with such a conviction.

The Pro utilizes a one-button operation, replaceable hygienic mouthpieces, a warm up time of 20-seconds, a blowing time of 5-seconds, and a response time of 3-seconds, and has also obtained the Food and Drug Administrations (FDA) 510K premarket clearance.

Dana from Michigan writes, ”The Alcohawk Pro is like a dream come true, it has all the features I was looking for and didn’t break the bank.”

Jeff in New York emailed us saying, “With all of the high priced breathalyzers on the market today it was nice to see one that had top quality features and wasn’t over complicated to use.”

Other industry standard features include a wide detection range of 0.00-0.40% BAC, with a sensor accuracy of 0.01% at 0.10% BAC.

This Breathalyzer is extremely lightweight and portable, as this personal breath tester weighs only 200 grams and has dimensions of 4.7” x 2.36” x 0.98”.  (Roughly the size and weight of your favorite deck of cards.)

The Alcohawk Pro does include five mouthpieces to ensure consistent uncontaminated results, a hard carrying case with a soft zipper cover, a car power adapter, a convenient wrist strap, an owner’s manual, and a quick start guide.  Also included is a 9-volt battery, which will generally last between 200-300 BAC tests, and a 1-year warranty.

Remember alcohol takes up to an hour before it is fully consumed into your body depending on your weight.  DUI Process recommends waiting 20-30 minutes after eating, drinking, or smoking before using a breath tester as a means to provide a more accurate BAC percentage reading.

Get a Breathalyzer now!