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The American government classifies all drugs into five different Schedules, Schedule I being considered the worst for addictive tendencies and bodily harm, and Schedule V being considered the least risky.  Where Schedule V drugs are used for medicinal purposes, Schedule I drugs are thought to be of no such use and are subject to harsh legislation concerning use or sale.  The main points of classification are whether the drug can be used in medicine and whether or not it has addictive qualities or long term health side effects:

Schedule I Drugs

This classification includes cannabis, heroin, MDMA and psilocybin, and the guidelines as set down by the American Controlled Substances Act are that these drugs have no medicinal purpose, are highly subject to abuse by users and that there are no safety guidelines set out for their use within the United States.  This is a controversial Schedule since it includes notably dangerous drugs such as heroin with drugs like cannabis and psilocybin which are used widely throughout the country illegally and are considered to have no long term negative effects.  Lobbyists have been trying to have cannabis removed from Schedule I classification for years and so far the federal government has no inclination to do so.

Schedule II Drugs

This classification dictates that the drugs are highly subject to abuse by users, that such abuse can lead to psychological or physical dependence and that despite these drawbacks they might be used for medical purposes within the United States.  Drugs on this list include morphine, cocaine and amphetamines which have all been subject to scrutiny by those researchers who believe they might be better in a different category so that more people might have access to them for medicinal purposes.  These drugs are all subject to very strict medical guidelines and very few people in the country will have access to them.

Schedule III Drugs

These drugs are considered okay for medicinal use in the United States and to have a much lower risk of addiction than Schedule I or II drugs; while it is accepted that these may have moderate risk of physical or psychological dependence, medical guidelines dictate that their use may be helpful in some cases.  Drugs on this list include ketamine and anabolic steroids.

Schedule IV Drugs

These drugs are commonly found in prescriptions as they have an accepted use in medical treatments, are lower risk in terms of addiction (compared to Schedule III drugs) and they are thought to only provoke dependence for a limited time while being used.  These include mebrobamate and zolpidem.

Schedule V Drugs

These are considered very low risk for addiction and abuse, and also very low in terms of physical or psychological dependence.  Such drugs are commonly in use throughout the United States for medical purposes and they include codeine and pregabalin; a pain reliever and anticonvulsant respectively.  

What you need to remember is that the lower the number, the higher perceived risk with using and the more likely it is that use is in fact illegal!

There is no doubt that if you are convicted of driving under the influence that your record will be affected, but there are two aspects of the conviction, affecting two of your records. There is an administrative license suspension as well as criminal charges. Administrative license suspension is governed by administrative or civil law and affects your driving record and driver’s license. The criminal charges are governed by criminal law an encompass fines, fees, sentencing, parole and penalties. With an administrative license suspension, your driver’s license is taken away before you are convicted, usually right on the spot and most often when you fail or refuse to take a field sobriety test. After having your license suspended on the spot, most states require that you schedule an administrative hearing within five to 10 days. This administrative hearing has nothing to do with your appearance in court – it doesn’t dictate or rule whether you are guilty of a crime, but instead addresses the circumstances surrounding your arrest by answering questions such as:

·        Were you arrested on reasonable grounds?

·        Were you asked to take a field sobriety test?

·        Did the officer tell you the consequences of failing the sobriety test or refusing to take the test?

·        Did you refuse to take the sobriety test or fail it?

·        Should you have your driver’s license suspended?

When you have failed a drunk driving test you generally have to go to court to be sentenced. In most cases, a conviction of driving under the influence is a misdemeanor when there are no injuries involved, however driving under the influence can be classified as a felony if there has been serious injuries or a death as a result of your DUI. The sentencing at your court date will determine:

• How your conviction of DUI should be classified, either as a misdemeanor or a felony.
• What fines you need to pay.
• What taxes you need to pay.
• How long you will have your driver’s license suspended or revoked for.
• Whether you can obtain a temporary license.
• Whether you are eligible for parole.
• Whether you need to do community service.
• IF there is any drug programs or classes that you need to take and complete.
• If you require an ignition interlock device to be installed on your vehicle.

  The penalties that you face when convicted of a DUI can be quite severe the first time and escalate for your second and third convictions. When you are convicted of a DUI, you have a criminal record which can stay on your record forever unless your state allows you to have it expunged. Everyone who checks your record – employers, creditors, credit bureaus and government agencies will be able to see your DUI conviction on your record. The best thing you can do when you are charged with a DUI is find an attorney to represent you and help you with you DUI case and record.

Being charged with driving under the influence is a serious offense and the consequences can be both expensive and embarrassing. You will be subjected to fines, attorney fees and even license suspension, but further than that, there are long-term consequences that you will have to face as well, primarily your car insurance rates and coverage. DUI convictions are dealt with in one of two ways with your insurance company – they will either raise your insurance rates or simply cancel your insurance policy all together. Chances are that when you are convicted of a DUI, your insurance company will find out about it. If your insurance company decides to raise your premiums and keeps you insured, chances are they will label you as a ‘high risk driver’. Many of the states require that your insurance company provide the Department of Motor Vehicles for that state with an SR-22 proof of insurance certificate, which removes the suspension on your license showing that you are insured with your vehicle. However, not all insurance companies offer SR-22 policies. If your insurance company does not offer SR-22 insurance policies, you may have your insurance cancelled simply because they can no longer insure you. The laws in some states furthermore state that insurers can not cut off your insurance policy in the middle of a term – be sure to check the laws where you live to find out if this applies to you. There is a small chance that your insurance company will not find out about your DUI, perhaps because it slipped through the cracks of all the red tape. On some occasions, your insurance company won’t raise your rates because you’ve been insured with them for a long time and you have a pristine driving record otherwise, while this sounds very nice and dandy, it’s very unlikely to happen. If your insurance policy is cancelled or not renewed, you should still be able to find insurance, however it will likely be with a different insurance company and none of the preferred carriers. Some of the other well known insurance companies and smaller companies will be able to file an SR-22 for you and your license may then be reinstated. Do not doubt that your insurance rates will indeed rise. A DUI stays on your driving record for a minimum of five years and perhaps as long as the rest of your life, depending on the state that you live in. Some states and insurance companies may also require you to have a breathalyzer box in your vehicle after a DUI. The breathalyzer box is connected to your vehicle and you must breathe into it in order to start your vehicle. There’s a catch to this system as well – the box will beep occasionally and at random intervals while you are driving. When it beeps you have a set period of time to blow into the box or your vehicle becomes disabled. If you are looking for insurance coverage after you have been charged with driving under the influence, it’s best to go through an independent insurance agent who works with many insurance companies to find you the best insurance coverage you can get, at the best price.

If you failed a field sobriety test or a DUI breathalyzer test, in most cases, you will be charged and arrested for driving under the influence. If this has happened, then you need to find an appropriate attorney to help you with your DUI case. The right attorney will tell you about some of the typical DUI defenses and which one is best to work for you. Some of the most typical defenses in DUI cases are: Insufficient evidence for an arrest – in most cases the arresting officer’s observations determine if you will be arrested or not. There are many telltale signs of driving under the influence, such as slurred speech and blood shot eyes. These telltale signs and observations are personal opinions which don’t hold up well in court. Blood shot eyes can mean a lot of things – such as allergies, and your attorney can argue that in court. Being arrested even though you weren’t actually driving – This defense is common when you are pulled over by a police officer while you were getting into your vehicle, while you were stopped at the side of the road or when you’ve just gotten home. Many of the states will allow a police officer to arrest you without having seen you driving while intoxicated, however other states require that the officer prove that you were driving in order for the conviction to hold. Illegal traffic stop or illegal procedure – A police office has to have probable cause to pull you over and if they don’t then the stop is illegal and the driving under the influence charge may be dropped. With that said, if the police officer pulled you over for another, unrelated violation, he or she does not require probable cause to question you if you have been drinking. There are also a variety of sobriety checkpoints on the roadways and anyone can be stopped in those without cause. If you are not given your Miranda rights, you may or may not be able to invalidate a breathalyzer or DUI test. Rising Blood Alcohol Content – The law states that a person is guilty of driving under the influence if their blood alcohol content level is above the limit at the time they are driving, not at the time the test was taken. Alcohol takes time to saturate your blood stream and you may be below the legal limit when you are driving, but it may rise by the time you take the test, even 10 minutes later. This defense works better the longer the time is between being stopped by a police officer and taking the breathalyzer test. Improper testing – The most common test for blood alcohol content are breathalyzer tests, blood and urine tests. If they are improperly used, they can negate the test results completely. Even if you don’t think that any of the above standard defenses will be applicable to you and your DUI case, you should contact a lawyer that specializes in DUI law to see how they can help you with your case.

It is an unfortunate occurrence, however, in some cases, DUI rights are overlooked when you are arrested and charged for driving under the influence. Overlooking a person’s DUI rights is far too common and we are at a place in society where DUI rights are considered to be generally non-existent. Regardless of why you are arrested or what you are charged with, you are innocent until proven guilty and your DUI rights should be continued, exercised and protected. The most basic of your DUI rights is the right to representation (a lawyer or attorney). In many cases, the police will not acknowledge your right to representation, the protection of unlawful search and seizure, and more. The DUI rights have changed considerably, mostly due to public pressure, but they still exist. It is really important that if you are charged with a DUI that you insist on exercising your DUI rights. This will help increase your chance for a fair trial as well as prevent potentially embarrassing and catastrophic social and economic consequences. If you are charged with driving under the influence, the best thing you can do is let the police know that you know what your DUI rights are. You can refuse a handheld breathalyzer test and a field sobriety test. Your DUI rights also allow you to refuse to answer any questions including answering how many drinks you consumed. However, DUI rights do not allow you to refuse your identity and they do not allow you to decline field testing at the jailhouse. When you are booked, ensure that you exercise your DUI rights and make a phone call to a friend, loved one who can find you a lawyer, or to the attorney themselves. There are plenty of attorneys who specialize in DUI laws that are the best suited to represent you if you are charged with a DUI. Driving under the influence is a serious offense and can lead to many charges being laid against you, other than just DUI in some cases. A specialist lawyer in DUI law is the best person capable of representing you and ensuring that you get a fair trial. Driving under the influence charges can be expensive and the consequences can be long lasting. Not only do you face criminal charges, you will also be fined, have to pay an attorney and maybe even lose your license. There are also long-term consequences to be charged with driving under the influence, and that can include severely raised insurance premiums or no insurance at all. While having an attorney is an additional expense, it is one you can ill-afford not to have – it could save you a great deal of time, money and heartache. Your DUI rights are important – they are designed to prevent you from being charged falsely. In order to properly discuss your DUI rights, you should contact an attorney who specializes in DUI laws to help you.

Blood alcohol content, BAC, is the concentration ratio of alcohol in your blood stream. It is measured in three different ways – a percentage by mass, mass per volume or a combination of both. In most countries, blood alcohol content is measured in grams of alcohol per 1000 milliliters of blood.  

It is very difficult to tell what your blood alcohol content is based on how many drinks you have – this is due to the extreme variations in physiology and each person’s alcohol tolerance. However, generally two standard drinks with 20 grams of alcohol will increase a sober person’s blood alcohol content to 0.05%, and consuming one drink an hour after that will maintain the BAC at that level. There is still a wide variety of variations to this calculation based on body weight, body fat percentage and gender. A person’s tolerance to alcohol will also impact the BAC levels. 

Blood alcohol content is directly measured by a laboratory in a hospital, but most commonly if you are stopped for suspected impaired driving, you will be subjected to a breathalyzer, which measures the breath alcohol concentration. 

For the average person, a blood alcohol concentration of .20 represents serious intoxication however most first time drinkers would be passed out by 0.15. Fatal alcohol poisoning levels begin at 0.35 while 0.40 is the accepted lethal dose for half of the adult population. At the same time, a heavy drinker could potentially double those numbers. 

Alcohol has progressive effects on behavior and impairment of mind functions. At a BAC of 0.01 to 0.06, behavior is relaxed, joyous and you experience a loss of inhibition, lowered alertness and a sense of well-being. The functions that are impaired are thought, judgment, coordination and concentration. From 0.06 to 0.10, you have blunted feelings, much less inhibition, extroversion and impaired sexual pleasure. Your reflexes are impaired, as is your depth perception, reasoning, distance acuity, peripheral vision and glare recovery. You are considered impaired at 0.08 BAC. At 0.11 to 0.20, you are experiencing over-expression, emotional swings, you’re loud and boisterous and feeling angry or sad. Your reaction time, gross motor controls and speech are impaired and you are likely staggering. At 0.21 to 0.29, you lose your understanding, you are in a stupor and your sensations are impaired. You have loss of consciousness, severe motor skills impairment and even memory blackouts. At 0.30 to 0.39, you experience unconsciousness and severe depression and death is possible. You lose control of your bladder functions, your heart rate and breathing are at risk as well. Over 0.40, you are unconscious and likely losing control of your breathing and heart rate, and death is more than possible. 

In the United States, the legal blood alcohol content limit is 0.08%, and that is the same in Mexico and Canada as well. Common carriers such as buses are restricted to a 0.01% BAC limit and for aircrafts, pilots are not allowed to fly within eight hours of consumption of alcohol or while having 0.04% BAC volume.

Although it is a common misconception that during any arrest in the United States the police officer will read the suspect their Miranda Rights, this is only strictly necessary if the officer intends to interrogate the suspect.  If you are arrested and questioned without having had your Miranda Rights read to you, however, then legally the arresting officer has made a serious error in protocol and the subsequent court case will probably be altered because of it. 

Normally an arresting officer will prefer to take note of what you say after being arrested so that he or she can use any information gathered at this point as evidence in court.  Suspects have been known to make contradicting statements, to plead guilty right away or to name other guilty parties to avoid taking all the blame on themselves.  Information gathered during arrest is often very useful in securing a conviction because if it can’t be used directly as evidence it normally leads to something or someone that can.  If the Miranda Rights are not read, however, any information gathered during this period must be stricken from the record and fully dismissed by the court.

The reasoning for this goes back to the original case that spawned the Miranda Rights, in which Ernesto Miranda confessed to a crime and was convicted solely based on that confession.  He said that he was unaware he was able to say nothing when placed under arrest that would hurt his chances in court and so based on this miscommunication his conviction was overturned and a new court date had to be set.  Today, when people are arrested, they must be read their rights or anything they say is strictly off the record. 

If you have not been read your rights and yet you have been placed under arrest and questioned by police then you need to speak to a lawyer right away.  The lawyer will know the proper procedures for dealing with such a mistake and also how to ensure that nothing you may have said during the time you were arrested up until someone finally read your rights to you will hold up in court to prosecute you.  It is very important that you deal with a lawyer if you have missed your rights reading because a legal professional is the only person who can sort out what needs to be done to rectify the situation and who knows how to work it to your advantage if need be.

Remember that if you are arrested and questioned, you must have been read your rights.  The only case that doesn’t call for the reading is if you are placed under arrest and not brought in for interrogation.  This is rare if you are being accused of a crime, so keep in mind that you should generally have been read your Miranda Rights.  If not, contact legal aid as soon as possible and always limit what you say to the police until you have spoken to your legal representative. 

If you have witnessed a crime, you probably know that you will need to speak with the police about it, but doing so can be daunting.  After all, what if the criminal knows what you have done and isn’t happy about it?  Could they decide to take revenge for your testimony in court, or even just for answering a few questions at the cop shop?  Although for petty crimes this is really not often the case, the anxiety of being an actual witness to such an event is understandable and if you are wondering how to proceed if you are a witness, there are a few things you should keep in mind.

Being a witness in a criminal court case is usually fairly straight-forward.  You will be required to take the stand and answer a few questions about who you are and what you saw, and if the trial is out of town you are entitled to claim compensation for any traveling you need to do and any hotel fees.  Basically, it is your presence on the witness stand that is crucial to the case so once you have agreed to take the stand as a witness it is important that you do so.  If you are uneasy about the experience, you should be aware that the police will make an extra effort to ensure your safety before, during and after the trial so you should not be hassled by the suspect or any of their friends or relatives. 

With good reason, it is against the law for any suspect to harass or threaten witnesses so if this is happening you need to immediately tell the police.  If you are certain that your testimony will be answered with threats then tell the police beforehand and you will have some extra protection throughout the proceedings.  If police are aware that there might be problems due to your testimony, they will not only offer extra protection but they may suggest you stay away from home for the duration of the trial.  You might even like to stay in a hotel while the trial continues just to get some peace of mind and the space to think about everything that is happening.

If the suspect knows you and knows where you live, this can be a great idea so that they are a loss as to where to find you and therefore cannot do any harm or make you nervous before hitting the stand.  The most important thing to remember is to not let any threats or even the prospect of a threat stop you from making a testimony that could mean the difference between prosecution and walking away for a suspect.  If it is important to you that justice is done, you need to step up and realize your role within the criminal law system – everyone has to contribute sometime, so don’t be nervous, take a few deep breaths and don’t let anyone bully you out of doing the right thing. 

Police brutality is the term used to refer to instances where the police are overstepping their boundaries with suspects and using force and outright violence to control individuals when the circumstances do not call for it.  Police officers do have the right to use a certain amount of force when they are subduing suspects and criminals, and this is often necessary given the fact that such people will try to run away, hit the officers or simply resist arrest.  When this happens, some force becomes necessary or the suspect in question will not actually be arrested or brought to trial for whatever crimes have been committed.  When this is not the case, however, police officers using force are actually acting unlawfully. 

Unfortunately it is not altogether uncommon to hear tales of police brutality, especially on minority groups throughout the United States.  People are singled out, accused of crimes and often beaten by officers who may think they are acting in the best interests of a community but often times simply have a grudge against certain people and groups.  If you have been a victim of police brutality, it can be very difficult to know what to do since in cases of assault your normal recourse is the police department. 

Although it can seem like the wrong course of action, you really do need to speak with the police department to report a case of police brutality; it is the responsibility of an internally organized police force to investigate such claims and follow up on them.  The task force will need to look into your story and gather as much details as they can about the scenario in question, and then they will conduct interviews with the officer or officers in question, any witnesses that might have been handy and any extra evidence that might be gathered.  The case will be treated as any other criminal investigation with the exception that a police officer is under review; because of what might be a delicate situation it is likely that the officer will take a hiatus until the matter is cleared up, or that they will face suspension until a verdict is reached. 

Aside from this legal process, you can report the incident to a support group or a neighborhood watch organization.  These will offer not only a sympathetic ear but the opportunity to spread the word about corrupt cops so that others can beware of the danger.  A police investigation will not be internally advertised when it concerned police brutality, so if you want others to know about what you’ve gone through as soon as its happened, a group like this will be invaluable to you.  Remember, if you are a victim of police brutality, you need to report the incident to none other than the police; after this you can find support with a dedicated community organization.  You should always file a complaint if something like this happens to you, because no matter how much power police officers are given they have no right to inflict violence on someone without a very good reason. 

If an officer stops you out of the blue and wants to ask you questions, you are not legally obligated to tell them anything.  This is true whether you are or are not actually under arrest; if you have simply been stopped on the street or even at your home by a police officer then you can answer whatever questions you like and skip any you feel like skipping.  You are not under arrest and as such you can walk away at any time.  If the officer feels that speaking with you is of particular importance or that you are acting guilty of something, they may stop you again right away but the same rules apply: unless you are being arrested there is no obligation on your part to answer any question at all.

If you are under arrest, however, there are really no differences except that if you do choose to answer questions the answers will be noted for future reference and perhaps use in court.  When you are arrested, you will be told exactly what your rights are in terms of answering questions so that no confusion occurs.  Basically, you do not have to speak to police (as with a non-arrest situation) and if you choose to have a lawyer present when dealing with questions you are fully entitled to do so.  If you do not have a lawyer or can’t afford one, the State will provide one for you.

A lawyer may not seem a necessary provision when speaking to the police, but the face is they will know what questions might cause you to incriminate either yourself or a friend so if you talk to them beforehand and have them present during the discussion you can avoid letting something slip that might hurt your case.  This is only in extreme cases, however, since for the most part a police officer will only want to speak with you briefly about something that you may have a slight knowledge of, say a work colleague’s whereabouts on a certain night or something of that nature.  Again, giving out information like this can seem like the wrong thing to do, especially if it concerns someone else who is unaware of the current questioning, so if you do not want to answer such questions you are within your rights always to refuse to do so.

The key thing to remember if you don’t want to answer police questions but you also don’t want to end up in unnecessary trouble, is that if you seem evasive they probably will come back to try to talk to you again.  Don’t run away, don’t be very rude and hopefully your slight uncooperativeness will just seem like a way to keep your privacy and maintain the trust of others above the strangers that are the police.  Whatever information you wish to divulge is up to you – there are no questions you must answer and if you want to answer none that is completely your call.