Dixie Elixirs & Medibles — the patient’s choice for alternative MMJ treatment.

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Are Parents Liable for Underage Childrens DUI?

Driving under the influence (DUI) has become a national problem that various states have tried to address. Many states particularly go after drunken drivers who are under-aged and have enacted zero tolerance laws to combat the problem. In zero tolerance states, the legal BAC for under 21 drivers may be as low as .00. Parents of under-aged DUI drivers may also face penalties under certain circumstances.

Drinking and Driving Under 21

The legal age for drinking in most states is 21. These same states legally permit drivers to be as young as 16. Intoxication and youth can often be a deadly combination when it comes to operating motor vehicles. Although under-aged drivers represent approximately six percent of licensed drivers in the U.S., these same drivers cause a disproportionate of car accidents and fatalities which are often fueled by alcohol consumption.

BAC Limits

In 2000, Congress passed legislation requiring most states to set their BAC limit at 0.8 percent as the presumptive level of intoxication. This basically means that a driver whose BAC limit is .08 percent or above is presumed to be intoxicated, thus violating any state DUI or DWI laws. Most states have since implemented the requested BAC limit for per se enforcement; however, some states penalize DUI no matter the BAC.

Some states impose lower BAC for drivers under 21 years of age. Therefore, teen-aged drivers do not have to reach the 0.8 level to violate state DUI laws.

Zero Tolerance and Implied Consent Laws

In zero tolerance states, drivers under 21 years of age are prohibited from drinking and driving. Driving in this case means operating any motor vehicle whether it is a car, a motorcycle, a motor boat, or in some cases, a motor operated lawn mower. Whereas the average BAC limit for suspected drunk drivers is .08 percent, some states set the BAC limit as low as .00 or .02. A .00 BAC means that absolutely no trace of alcohol should be in the blood. Even one drink would be a violation.

Some zero tolerance states also have implied consent laws. Implied consent basically means that by operating a motor vehicle such as a car, a driver gives implied consent to any required blood alcohol testing to determine intoxication levels. In this case, an under-aged driver is legally required to submit to a breathalyzer or blood test.

Zero tolerance laws may carry enhanced penalties that include administrative penalties such as license suspension or revocation; and criminal penalties such as actual jail time, accompanying fines and/or community service. If the violation occurs on school property, the violator may also be subject to school suspension. Repeat violations can result in a permanent revocation of the violator's license.

Parental Liability

In some zero tolerance states, parents may be held liable if their under-aged child gets a DUI and the parents provided the alcohol or intoxicating substance (in cases such as hosting an under-aged party). Parental liability may arise simply for allowing the under-aged driver use of the family car. Under the theory of "negligent entrustment" parents may be liable for an under-aged DUI driver if the parents allowed the use of the car when they knew or had reason to know their child had a history of alcohol or drug problems or prior DUIs.

Where states allow parental liability for their child's DUI, the parents may be subject to civil lawsuits or criminal penalties if they provided the alcohol.

Talk with an Attorney

If your child has been charged with a DUI, you may also be liable if you supplied the alcohol or entrusted your car when you had reason to suspect your child of drinking. Talk with an attorney to protect against possible penalties.
resource:  http://www.drunkdrivinglawyers.com/resources/dui-dwi/dui-laws-penalties/can-i-be-liable-if-my-
underage-child-gets-a-dui

Marijuana DUI Charges: What to Expect

Despite the fact that there is no accurate chemical test to prove that you were under the influence of marijuana while driving, you can still be accused of a marijuana DUI. When this occurs, the penalties are similar to those of a DUI involving alcohol. They vary from state to state, but in most cases, it is a misdemeanor charge with several possible penalties.

What To Expect When You Are Pulled Over

In most cases, you will be initially targeted by police purely by your driving pattern, just like with a DUI that involves alcohol. Another factor that will enter into the decision to charge you with marijuana DUI is your appearance, such as whether you have bloodshot eyes, dilated pupils, an abnormally relaxed attitude, and the smell of marijuana.

You will likely be given a field sobriety test, and will also need to submit to a chemical test using either urine or blood. However, such tests can only reveal whether you have used marijuana in the recent past since it stays in your system for days. Therefore, all of these factors must be used together in order to accuse you of marijuana DUI since a chemical test alone does not usually mean much in a court of law.

Penalties for Marijuana DUI

The consequences of receiving a marijuana DUI may sound familiar, as they are nearly the same as if you had received a DUI involving alcohol. You will likely lose your driver's license right away, typically for a period of six months to a year for a first time offense. This time period varies by state, however. Jail time is also a very real consequence, as is probation.

Of course, you will be charged with fines, which also tend to vary by state. Not only will you need to spend a lot of money when you get a marijuana DUI, but you can expect to use up your free time, as well. You may be requested to complete some hours of community service and attend classes that deal with drug abuse issues.
Contact a Lawyer To Fight Marijuana DUI Charges

If you have received a marijuana DUI, it is important to contact a lawyer right away. In many cases, the lack of accurate chemical testing for this drug may be beneficial to you, especially if it is the main evidence that the police officers have against you. Finding a good lawyer to defend you can mean the difference between acquiring marijuana DUI charges and keeping your record clean.
resource:  http://www.drunkdrivinglawyers.com/resources/dui-dwi/dui-laws-penalties/facing-marijuana-dui-charges-
what-expect

Under the Influence of Prescription Drugs Hard to Prove

As illegal prescription drug use soars, the number of cases of driving under the influence in which the substance is a prescription drug rather than alcohol is rising steadily, authorities say.

But prosecuting and obtaining convictions against suspects charged with DUI involving prescription drugs can be a challenge.

Many states, including Florida, do not require a test to quantify the amount of drugs in a person's body in a DUI case, and impairment is difficult to prove.

"What we and other states have run into historically is that there is a well-developed system to quantify the amount of alcohol in the human body," said Rob Parker, a Brevard County, Fla., prosecutor.

However, "when you have oxycodone or an opiate, we do not have a well-developed way to quantify the amount of drugs so that a jury can then compare that value to a standard established as an unlawful when operating an automobile."

Parker prosecuted a man charged with four counts of DUI after a crash in Melbourne in 2007. Minutes after the accident, a police officer observed that the 33-year-old driver's eyes were bloodshot, his eyelids droopy and his speech mumbled. A blood sample from the driver tested positive for the presence of prescription drugs.

"The jury heard all of that and could not conclude that he was DUI with drugs beyond reasonable doubt," Parker said.

The jury acquitted the driver of the DUI charges in August.

A DUI charge is the same whether the suspect is accused of driving while influenced by alcohol or drugs.

In Florida, the charge can be proved in two ways: a blood alcohol content of .08 or higher, or if the driver demonstrates he is under the influence of alcohol or a drug that impairs his normal faculties.

The second is not so cut and dried.

Law enforcement has limited means to prove impairment. Field sobriety tests are one tool. The state also sometimes relies on drug recognition experts (DREs), police officers who have completed specialized training in detecting impairment due to drugs.

Michelle Perlman, misdemeanor division chief for the Brevard State Attorney's office, said her office recommends law enforcement agencies get a DRE to the scene as soon as possible if a suspected DUI involves drugs.

"This cannot usually be conclusively diagnosed by the average police officer," she said.

There are about a dozen DREs in Brevard, where more than 2,000 people were charged with operating a vehicle under the influence in 2009. As is common around the country, Brevard does not separately track DUIs involving drugs.

Cpl. Wendy Wheeler, who heads the DUI unit at the Brevard County Sheriff's Office and who is a certified expert, said it can take three to six months for an officer to become a DRE.

"The program is real intense," she said.

Another important tool is a patrol car dashboard camera that can record impaired drivers. But not all police vehicles have them.

When cases go to trial, a lot is up to the officer and the attorney, Perlman said.

"I do think that we see more difficulty in obtaining guilty verdicts on drug DUIs and that is probably because we are unable to prove the amount of drug in the person's system or the precise time when it was consumed," Perlman said. "I think if we can show a quantitative analysis, we will get a lot more plea deals."

Florida law does not require reporting the quantity of a drug in a driver's body in DUIs. But the Florida Department of Law Enforcement has started to conduct quantitative tests for drugs like cannabis and prescribed drugs like Xanax, Valium and Ativan and the date-rape drug GHB.

"We will continue to add quantitative tests for additional drugs," said Heather Smith, an FDLE spokeswoman.

She said law enforcement agencies also have the option to seek similar testing done by private labs "if the drug is one that FDLE does not currently quantify."

Defense Attorney Steve Casanova, who handles scores of local DUI cases, said traces of some drugs can stay in a person's system for as long as 30 days.

"How do you prove it was affecting him at the time of the arrest?" Casanova said.

In other cases, the suspect may have been prescribed the drug legally.

One state quantifying drug usage in DUI cases is Nevada, where the statute mentions specific quantities of some drugs that have to be present in a person's blood or urine.

But even when the presence of drugs can be quantified, the effects they have on different people may not be the same, said Joanne Michaels, program director for the National Traffic Law Center in Virginia.

"What they do in different amounts in different people is still being studied," she said. "Toxicologists are raising concerns because it can be an issue."
resource:  http://www.usatoday.com/news/nation/2010-10-17-dui-drugs_N.htm