Ka Xiong July 20, 2011 Laws and Regulations and its Effects on the Business Environment

 Facts About DWI and DUI State Laws on DWI and DUI Bail and Bonds Your Rights Results of DWI and DUI Recent Refusal Law Changed Again in DWI Case DWI or DUI Expungement Agenda

Facts About DWI and DUI Legal Limits for BAC and Repeated Offenders Are you a repeated offender? Do you know your limits? Consequences and Time Can you afford the amount and time to be caught? BAC dropped from 0.10 to 0.08 –factors  Number of drinks  Concentration amount  How long an individual has to be drinking Fines went from $10,000 to $14,000 –More than three DWI’s within ten years is a felony  May have to attend AA classes  Do community service  Get your license suspended or revoked  Vehicle confiscated  Ignition interlock device  Have DWI or DUI as a part of your record  Higher insurance rates Repeated offenders –Mandatory jail sentences  30 days for second conviction  90 days for a third conviction  180 days for a fourth conviction  Up to a year for a fifth conviction What an individual needs to know before he/she goes out for a “fun” time This information is for the state of Minnesota, other states may vary.

State laws on DWI and DUI General Laws The first laws against drunk driving was in 1910, New York. DUI Lawyers BAC testing and Arrest –Field sobriety tests –Blood alcohol concentration test –Implied consent –No-Refusal DUI enforcement –Opened containers –Sleeping while intoxicate behind the wheel –Aggravated DUI –Underage DUI –Commercial DUI and FMCSA –Drunk biking and non-automobile DUI DWI or DUI arrest is a important matter –Experienced with motor vehicle laws –Experienced with traffic laws –Specialize in this field  Cost- vary depending on case –They can help minimize or avoid severe cost and penalties. Operating a vehicle under the influence of a legal or illegal substance is a crime in all states. Why an individual needs a DUI lawyer

Bails and Bonds Bail Bond -Sum of money required for the release of an individual -Bail is set after booking or by the judge at a separate hearing -Amount depends on how serious the crime and the number times the offense is committed. -“bail schedule” Written guarantee that the full bail amount will be paid if the suspects fails to appear in court. Usually attained by a bail bond agency –Charges fees in exchange for posting the bond. –Additional collateral may also apply "We firmly believe that under the law every person is considered innocent until proven unable to pay us back." – Skip Hunter "We firmly believe that under the law every person is considered innocent until proven unable to pay us back." – Skip Hunter Bails and bonds are not cheap; they can reach six or seven digits. There are a lot of agencies that cater to individuals who need bail or bond loans.

Your Rights Rights with Police Rights of the Accused and Convicted Miranda Rights Right to remain silent Right to have an attorney Search and Seizure 4 th Amendment Unreasonable search and unlawful arrests Strip search after an arrest Courts are undecided about inmates getting stripped searched without individualized suspicion. 5 th Amendment Self incrimination Right to counsel Legal representation by a qualified and competent attorney Right to speedy jury trial Reasonable amount of time Double Jeopardy Can’t be trialed twice for the same crime No cruel and unusual punishment Prisoners Rights Before you go willingly, know your full rights guaranteed by the Constitution. Always remember your right to remain silent.

Results of DWI and DUI Two innocent people died Maryland State Commission on Criminal Sentencing Policy Accused: Alejandro Roman vehicular manslaughter 20 years sentence 8 years were suspended 5 years of probation Two innocent people died Maryland State Commission on Criminal Sentencing Policy Accused: Alejandro Roman vehicular manslaughter 20 years sentence 8 years were suspended 5 years of probation 330 alcohol-related incidents 2010 Illinoi Illinois had 16 alcohol related deaths 204 arrest for DWI Wisconsin officials says 20 percent of recreational boating fatalities are caused by alcohol Iowa July 1, 2011, they are changing the BAC for boaters from 0.10 to alcohol-related incidents 2010 Illinoi Illinois had 16 alcohol related deaths 204 arrest for DWI Wisconsin officials says 20 percent of recreational boating fatalities are caused by alcohol Iowa July 1, 2011, they are changing the BAC for boaters from 0.10 to 0.08 spill violated the Federal Clean Water Act the Refuse Act the Migratory Bird Treaty Act the Ports and Waterways Safety Act the Dangerous Cargo Act Caused by a drunken tanker captain History of alcoholism spill violated the Federal Clean Water Act the Refuse Act the Migratory Bird Treaty Act the Ports and Waterways Safety Act the Dangerous Cargo Act Caused by a drunken tanker captain History of alcoholism EXXON Oil Spillage March 24, 1989 Rockville Man Gets 20 Years for Deaths of Two Pedestrians in Fatal Drunken Driving Crash States target boaters under the influence While being intoxicated, bad occurrences can arise and result in catastrophic outcomes

Refusal Law State v. Schmidt, A Recent case: –Consent to breathe test  First test, inadequate  Second test needs no warning  Rights for the second test will be void  Defendants refuses:  Charged with refusal law The Refusal Law and its purpose. I Strongly support this law, especially for repeated offenders. There is no excuses for DWI or DUI.

DWI and DUI Expungement Expungement polices and procedures Grounds to which expungement are allowed Where does expungement apply? First, crime of violence, ten years have to lapse and the crime must fall under section , subdivision , subdivision 5 No crimes committed Second, if a crime was not intended under section , subdivision 5, five years must lapse. No crimes committed “Expunged” Not accessible to the public Applies to an individual’s future life To secure a job Renting housing Application for credit Student loan Buying a car Expungement, what it means to DWI or DUI offenders , subdivision 5 They must fall under this section They must serve the appropriate sentences imposed. Discharged of the sentence By the court Operation of law

  Why the law changed in the first place?  An old law revised; Refusal Law  Defendants were saying their rights were being violated  Inadequate samples of breathe  Thoughts about the new changes of the law:  Great means of control  Pressing issues called for this change  This made offenders easier to handle  Enforcement of the breathe test was more handled without scrutinizing accusations. Conclusion

  Kubasek, Nancy K., Bartley A. Brennan, and M Neil Browne. The Legal Evironment of Business: A Critical Thinking Approach. New Jersey: Pearson Education, Inc.,      N N    0_years_fo.html 0_years_fo.html   influence.html influence.html  Citations and Websites