Lakeland, FL (Law Firm Newswire) July 11, 2014 — If a person has consumed enough alcohol to alter their mental state and/or affect their physical ability, and they drive, they run the risk of breaking the law.
“Many alcohol related crimes are considered to be misdemeanors, but with the presence of alcohol at higher blood concentrations, a lesser crime has the ability to turn into a serious offense,” states Lakeland criminal defense attorney, Thomas C. Grajek.
The most serious crime committed while under the influence of alcohol is driving while impaired, driving while intoxicated or driving under the influence. Even though various states refer to this offense by different acronyms, such as DUI, DWI, OVI or OWI, it is still illegal and still poses a danger to the drunk driver and others. No matter what the offense is referred to as, it is serious and may well be a felony charge if there is an accident and someone is injured, or if an individual has been stopped and charged several times before for the same offense.
“It is illegal for someone under the age of 21-years-old to buy alcohol,” says Grajek, “or to drink in a public place. However, there are some states that offer more leniencies to minors under the influence if they are in their own home or the home of a friend. It helps if there is a parent present, but this also varies by jurisdiction as well. It also depends on the circumstances of the case.”
Adults that permit children to drink are liable for their actions and in some areas of the U.S. adults are criminally liable if they let a minor drink and drive. Selling alcohol to a minor is illegal no matter what state a person lives in.
A lesser-known alcohol offense is that of public intoxication, also referred to as a PI offense. It is a crime if an individual has been drinking in a public place and a police officer feels that person is a danger to others or themselves. This is usually charged as a misdemeanor, depending on how the intoxicated individual acts. The offender does get a criminal record.
Learn more at http://www.flcrimedefense.com/
Thomas C. Grajek
206 Easton Drive, Suite 102
Lakeland, FL 33803
- DUI arrest of NFL player Josh Gordon occurs over 4th of July weekend. This DUI could possibly be a driving under the influence of alcohol and drugs case (DUI and DUID).
NFL player Josh Gordon arrested for DUI over 4th of July weekend. He also was ticketed for speeding for allegedly going 50 mph in a 35 mph zone. There was no other information about the reason for the stop such as whether he was swerving, weaving, or had any difficulty driving his car that would indicate impairment. The NBC news affiliate in Raleigh, reported Gordon’s blood-alcohol level was .09, and he allegedly admitted to having three drinks containing vodka. The legal limit in the state of North Carolina is the same as in Florida 0.08 g/mL of alcohol. Gordon was […]
- Polk county criminal defense attorney Thomas C. Grajek attends Cross-Examination seminar with Roger Dodd.
Yesterday, I attended a seminar by Roger Dodd on cross-examination sponsored by the Florida Bar. Why was I spending a Saturday at a seminar? Because Roger Dodd is one of the leading experts on cross-examination in the country. When you get a chance to learn from one of the best, you go. I want to be able to do the best job for my clients. cross-examination is one of the most important aspects of a criminal case. Cross-examination is one of the greatest tools we have as defense lawyers to win a trial, hearing, or a motion to suppress. After […]
- Today, the U.S. Supreme Court ruled Cell phones can’t be searched by police without first obtaining a search warrant.
A major victory for citizens’ privacy interests today as the U.S. Supreme Court unanimously ruled law enforcement cannot search an arrested person’s cell phone without first obtaining a search warrant. While the court recognized the need to investigate crimes, the Court found that privacy rights are more important. Besides, the police may still have the ability to search a cellphone or smartphone for further evidence of a crime, they just need to take an extra step and request a search warrant from a judge. As Chief Justice John Roberts wrote for the court. “Privacy comes at a cost.” Obtaining a […]