DUI Law
July 17th, 2009 at 03:02am
Under DUI Law
As long as there are human police officers, injustices always will occur. A
great many police officers feel they have done their job when they arrest a
person for “mere suspicion” of DUI. In some instances, the arrest may be
warranted, but sometimes it isn’t.
Although you may think that just because your Blood Alcohol Level is below
the state limit, usually 0.08%, that you’ll not be arrested for DUI. Wrong!
Actually, you can be arrested for DUI no matter what level of alcohol is in
your bloodstream. Even if you haven’t been drinking at all, if the police
officer observes anything about you that leads him to believe you may have
been drinking, he can arrest you. And then, it’s up to you to prove your
innocence.
For example, let’s say that you just finished a fine meal at your favorite
restaurant and you had a small glass of wine. An overzealous police officer
stops you for a minor traffic violation and smells alcohol on your breath.
He immediately arrests you for DUI, slaps on a set of handcuffs and hauls
you off to jail.
Once you arrive at the jail, you’re photographed and fingerprinted, then
you’re placed in a holding cell, probably along with some pretty unsavory
characters. You’ll wait there for what seems like an eternity and eventually
you’ll go before a local magistrate who will decide what happens next. He
may just assign you a court date and release you, or he may keep you locked
up until you post a cash bail. If you don’t post bail, you’ll sit in jail
until your court date.
Even when you do get out of jail, it will seem like your troubles are just
starting. As a result of your arrest, your car was towed to an impound lot
and when you go to retrieve it, you’ll be faced with paying hundreds of
dollars in towing, storage and administrative fees.
When your court date finally arrives a few weeks later, you need to be
prepared to fight your case by being knowledgeable about the DUI laws of
your state. If everything concerning your arrest wasn’t done properly,
there’s a good chance you can get the case dismissed and all charges
dropped, thereby keeping your record clean. Even if your case does proceed
to trial, your guilt must be proven beyond reasonable doubt. Again, this is
where you need to be aware of the law and what’s legally required for a
conviction.
Keep in mind that the police officer is not your friend. The judge is not
your friend. This is a money-making enterprise for them and they would
prefer to punish you as much as possible, as quickly as possible so they can
move on to the next poor soul who they’ve managed to catch in their snare.
If you don’t know your rights and speak up, they’ll just dish out your
punishment and move on to the next victim. You will have now been
rubber-stamped as a criminal and you’ll have to live with the consequences.
By Law Article
July 16th, 2009 at 09:02pm
Under DUI Law
As a DUI attorney, my job ranges from the mundane to the outright shocking. Some days are regular days at the office, others are spectacular days spent in front of juries or at police stations interviewing cops.
As DUI law becomes more and more strict throughout the nation, there are more and more attorneys who, because they see it as a lucrative opportunity, call themselves DUI attorneys. Having been at this now for nearly a decade, I have witnessed a range of practitioners. There are those who are so skilled at what they do that their craft or art borders on the sublime. There are others who couldn’t even sell used cars, let alone advocate for an unpopular client in an unpopular cause.
With the advent of the internet, there is so much misinformation in regards to DUI lawyers. My first suggestion to anybody starting the long and painful process of a DUI charge is to read as much as you can on the subject. There are many good websites out there. I also highly recommend buying a book written by Larry Taylor, a top-notch DUI attorney in California. It is written for lawyers, but if you, as a layperson facing a DUI charge, read and understand it, you will be able to spot the swindler, and hire the wizard.
If you face a DUI, your future is in your hands. Don’t recklessly turn it over to somebody just because they claim to be the top or premier DUI lawyer in your area. Check out their credentials. But most of all, educate yourself so that you can not be fooled.
Daniel Jaffe is a trial attorney in the Phoenix Arizona Metro Area.
By Law Article
July 16th, 2009 at 03:02pm
Under DUI Law
DUI means driving under the influence. It is generally applicable in those cases where the person held was driving under the influence of alcohol or drugs to such an extent that his mental and motor skills were completely inhibited. Some of the substances that typically lead to a DUI charge are alcohol, illegal drugs like cocaine, inhalants, marijuana, prescribed medications and over the counter drugs.
Generally the tests like field sobriety tests are used by the police to test for intoxication. These include walking in a straight line or standing on one leg. There are other kinds of tests like blood test and urine test and one of the most common is the breathalyzer test.
The charge of DUI is very serious and could have severe implications if proved. Once convicted the person may loose his driver’s license and can even has his vehicle impounded. For a person who is a repeat offender, the driver’s license could be revoked and possibly there could be a jail sentence.
Thus for a person who is charged with a DUI, it becomes imperative to hire a DUI lawyer who can help him get a fair treatment in the court. DUI laws everywhere are getting tougher and tougher. There is a constant threat of police, lawmakers, and prosecutors. But the help is just a click away. Now days there are many websites available on the net that can help you in finding a good and a competitive DUI lawyer. A professional and an experienced DUI lawyer would pay heed to your concerns and actively work for you to regain your freedom. A specialist DUI lawyer can help you in minimizing your serious charges or even have them completely dismissed.
By Law Article
July 16th, 2009 at 09:03am
Under DUI Law
There are millions of vehicles on road at any instant in the world. It is very important that people who are at the driving wheel be responsible enough to understand that a minor mistake from their end could lead to devastating results. Many a times it happens that the person at the wheel is not sober enough to even stand properly, let alone drive a vehicle. He could be under the influence of drugs, alcohol or any other consciousness impairing substance. The laws concerning these types of offences wherein the person is driving under the influence of such substances are called Dui laws.
The Canadian Dui laws are very strict. If the alcohol content in the driver’s body is above 80 milligrams per 100mls of blood then even if the person’s motor skills are fine, he would still be indicted under DUI laws. There are several ways by which the authorities can test the drug level in the driver’s body. Some of them are complexion flushed face, dilated pupils, stench of an alcoholic beverage, difficulty in walking or standing and slurred speech.
According to the Canada DUI laws if the offense is committed for the first time then the usual penalty is a fine, for second timers the minimum penalty is 14 days in jail, whereas for the third time it is 90 days in jail. The local province has a right to suspend the driving license of the offender.
If at all you face such charges then you take the assistance of a DUI lawyer who can help you throughout the legal procedure. The Dui lawyer would make sure that you get the minimum penalty and in some cases even help you walk away Scott free.
By Law Article
July 16th, 2009 at 03:03am
Under DUI Law
Even though a simple decision to refrain from driving when intoxicated can keep you out of DUI entanglements, a lot of people find themselves wishing they knew more about DUI laws when they are pulled over and arrested for drinking and driving.
Being arrested doesn’t necessarily mean you have to be convicted of the crime though. After all, in our justice system, every person is innocent until proven guilty. Unfortunately, you usually only have a couple days after your citation to appeal for a court hearing. If that grace period passed without an appeal, no amount of complaining will get you a trial date or prevent your license from being suspended.
If you do appeal for a hearing in time, the next step is to locate an experienced DUI lawyer. You will want a lawyer on your side not only because they are more familiar with litigation than the average person on the street, but also because they should know DUI laws inside out. And, since those laws can be confusing and different from state to state, that will be a valuable asset.
A DUI lawyer will also know the best ways to create reasonable doubt in the minds of jurors. No matter what kind of evidence is brought against you, a good lawyer should be able to find areas where your defense can be built.
For example, there are four kinds of evidence that prosecutors usually bring to the fore in DUI cases and a lawyer can combat each type of evidence. The four categories of evidence are physical appearance, driving behavior, the alcohol content in your body and your performance on sobriety tests. A DUI lawyer may point out that fatigue, allergies, or exposure to smoke were the factors that created your red-rimmed watery eyes instead of alcohol. Or he might argue that you swerved a little on the road because you were dodging an animal in the road or fiddling with the radio. He may even contend with the results of a breath or blood test by pointing to equipment and human inaccuracies that could have skewed the results.
No matter which method you lawyer chooses to build your defense, he will be a useful resource in a U.S. court. When you are looking for a good DUI lawyer, you should remember that DUI laws are called by several different names across the country. Consequently, a DWI, OUI, and an OWI lawyer is the same thing as a DUI lawyer. They just go by different names.
By Law Article
July 15th, 2009 at 09:03pm
Under DUI Law
Driving under the influence is a rapidly growing problem in the United States. Many states have enacted tougher DUI laws to prevent the problem from growing further and to help people understand the serious consequences of driving under the influence. A major problem for many people is that they don’t know the laws or don’t understand how serious DUI is if they are convicted.
A Review of DUI – DUI is a criminal offense in all 50 states. It’s often a misdemeanor offense, but can be a felony under certain conditions. Several prior convictions can mean a felony charge in most states and some states have terms that outline aggravating factors that can result in a misdemeanor charge being elevated to a felony charge. Some of the more prevalent aggravating factors are having an extremely high level of blood alcohol concentration, driving under the influence with a child in the vehicle, or causing property damage or serious bodily injuries while driving under the influence.
Many states have two ways in which a DUI case can be prosecuted. One of these is based on the physical impairment of the arrested individual. In this instance, the prosecutor focuses on trying to prove that you were too impaired to safely operate a vehicle at the time of the arrest. Testimony may come from law enforcement officials and focus on your appearance, performance of sobriety tests, driving behavior, and other factors that may show you should n’t have been driving. The second way is often known as the per se DUI theory. This is where the prosecutor will base his case on the results of chemical testing done at the time of your arrest. If the test results show that your BAC exceeded the state’s legal BAC limit, then the prosecutor can show that your were guilty of DUI even if you didn’t appear to be impaired.
Reviewing Administrative Penalties – In most states, you’ll lose your driving privileges if you are arrested for driving under the influence, even if you are eventually found not guilty of the charge. That doesn’t seem fair, does it?
Some states have an appeals process where you can appeal your suspension in writing and then get a hearing to determine the status of your driving privileges. If you don’t have a qualified, experienced DUI lawyer to represent you during your appeal hearing, you may lose out on the opportunity to get a temporary license that you can use to drive until your trial date. This means you won’t be able to get to work, drive yourself to medical and dental appointments, pick up your kids from school, or do any of your normal daily activities that require driving.
Reviewing Criminal Penalties – Since DUI is a criminal offense, there’s a wide range of criminal penalties available. In most states, these penalties can include jail time, fines, court costs, alcohol and drug education, alcohol treatment, ignition interlock device installation, community service and probation. The sentencing will depend on a variety of factors, including the number of prior convictions, aggravating circumstances present in your case, and other circumstances. If you have a qualified DUI attorney, he can speak on your behalf prior to your sentencing and ask that the court be as lenient as possible. If you have accumulated several convictions, however, it is unlikely that you will be sentenced to anything other than the maximum penalties allowed by law since you have broken the law several times.
Reviewing Benefits of DUI Attorneys – You’ll gain many benefits when working with an attorney who specializes in DUI defense. These benefits include better access to expert witnesses, more specialized knowledge of DUI law, and more experience defending people charged with DUI offenses. Going it alone or working with a public defender or non-specialist lawyer can mean you may not be getting the best possible defense. Choose to work with a DUI attorney and you’ll have a much better chance of winning your case and being able to move on with your life.
By Law Article
July 15th, 2009 at 03:02pm
Under DUI Law
Across the USA, the most common crime booked in a year, by far, is DUI. Driving while intoxicated is no minor matter. A person can get anything from a warning to jail time. DUI can start as a misdemeanor and escalate into a felonious crime by degree; however, no matter what degree of culpability you face, DUI can turn your world upside-down.
Nearly 1.4 million drivers are arrested for driving under the influence of alcohol or drugs every year. While this is a serious charge, if you are arrested for a DUI you have rights that you need to protect. DUI comes under criminal law. Besides hefty fines, alcohol programs and community service, you might also get a serious punishment like jail term. Taking the right steps after DUI arrest, is the only way to get out of trouble.
All about DUI Laws:
The DUI laws have a commonality in the following areas. DUI starts under between .08 to .10 blood alcohol levels, and then kicks into DUI at between .08 to .10 blood alcohol levels. These levels are doubly indemnifying for all drivers in the US less than 21 years of age. Depending on the state, a person may have their driver’s license suspended any length of time from seven days to three years. Fines for DUI across the country range from $250.00 to $2500.00.
The punishment depends on factors like:
State where you were arrested
If you refused to take a BAC level test
What was your BAC level
If this is the first time you have been caught
If there were children with you in the vehicle or in the vicinity
If you were caught speeding
If there was any accident, damage or injury involved
According to DUI laws, the legal consequences of the offense can be:
License revocation or suspension: This punishment is regardless of the criminal charges you might face under DUI laws. In 41 states and District of Columbia there are administrative license suspension laws. Under these laws, if the driver fails or refuses to take a chemical test, his license is taken away before conviction.
Ignition interlocks: Some states allow offenders to drive only if their vehicles are equipped with ignition interlocks. This gadget looks for traces of alcohol in driver’s breath and upon confirmation, it shuts down the ignition.
Vehicle seizure: In some states, drunk driving may entail seizure of the vehicle.
Fines: They vary from state to state. Fines can be anywhere between $200 to $2000 and onwards.
Jail: Repeat offenders are more at risk of inviting a jail term. But that does not mean that a first timer is safe from it as a lot depends on how serious his cases is.
Other punishments include mandatory attendance at alcohol education programs and community service.
If you are arrested for DUI, then hiring a DUI lawyer proves to be the best decision. Driving under the influence can have serious consequences on you if you are involved in a car accident. You may face consequences like jail or prison, penalties or fines, vehicle impoundments, etc. The DUI lawyer is familiar with the intricacies and procedures involved with DUI charges and are your best bet if you find yourself in such a predicament.
By Law Article
July 15th, 2009 at 09:03am
Under DUI Law
A very unfortunately common problem that is found in the United States as well as the rest of the world it the problem of drunk driving. Driving under the influence or DUI as it is known in the U.S. is the act of driving a motor vehicle under the influence of alcohol or in inebriated condition. Driving under the influence is a fatal problem as well because 41 percent of total traffic deaths are caused by drunk drivers, and this is a very large number that should not exist at all.
And this is why DUI laws in the US have become extremely strict. For example, the California DUI offense laws have given way to approximately 200,000 DUI arrests every year. The California DUI offense law has enforced strict and stringent measures against people who have found to have a blood alcohol count of 0.08% or more.
California DUI offense laws are so strict that the state leads the nation in DUI arrests. These laws are meant to reduce the number of DUI cases. And victims and survivors of drunk-driving crashes have supported the California DUI offense law. It is crucial to have strict DUI Laws so that drunk drivers are not allowed to put the lives of others at risk
California DUI offense laws include specifics such as blood alcohol content level test, license suspension or revocation, checking of ignition interlocks device in the vehicle, field sobriety test to assess physical and mental alertness, and many others.
First time offenders charged under the DUI law could be sentenced to jail with minimum fine. However second offenses occurring within seven years of the first are dealt with more harsh law. It could be a minimum of ten days of jail and fines up to $10,000 and suspension of driving license for not less than three years. Similarly DUI schooling may also be recommended and this may range from 15 weeks to 18 months. And the state of California can also sale your vehicle or impound it with the proceeds going towards charity.
California DUI offense laws have severe criminal penalties based on the severity of the outcome of DUI related crash.
California DUI offense laws have changed over the years in order to curb the increasing number of deaths and injuries occurring due to DUI related accidents. California DUI offense laws have been argued to be unconstitutional in that by automatically finding drivers guilty, a person loses his or her right to have a trial by jury. However at the same time it has been argued to be ‘legal per se’. It is a very unfortunate fact that DUI accidents take an innocent life every thirty minutes, so it is argued that DUI laws should allow for impartial jury trials.
Based on the California DUI offense law, a person under the influence of alcohol is charged on two counts, a Vehicle Code section 23152(a) count, driving impaired by alcohol and 23152(b), driving above 0.08% blood alcohol content
Statistics have proved that since the enactment of the 0.08% blood alcohol count California DUI offense law, the DUI arrests have decreased by an assenting rate of 45%. And also the number of deaths and injuries has shown a 50 percent decrease. These are positive indications, which prove that to an extent, the imposition of fines and punishments has shown affirmative results.
By Law Article
July 15th, 2009 at 03:03am
Under DUI Law
Drinking and driving are not the best of friends. Laws against drinking and driving are strict in every state, especially Virginia, in order to prevent accidents and injuries on the road.
If you are a resident of Virginia, you should know the DWI laws before you reach for your keys after having consumed alcohol.
Here is a glimpse of some of the alcohol-related laws in Virginia, where you can be arrested and charged with DWI/DUI if:
- You are caught driving with a blood alcohol concentration level of .08 or more.
- You show signs and symptoms, which clearly indicate to a law enforcement officer that you have had one too many. This means that your manner, disposition, speech, muscle movement and overall appearance are significantly altered by the influence of alcohol.
- You drive after drinking or consuming any intoxicant (drug) either singly or in combination with alcohol to the extent that it retards your ability to drive.
- The following concentration of intoxicants is found in your blood
- .02 milligrams of cocaine per liter of blood; 0 .01 milligrams of phencyclidine (PCP) per liter of blood; 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood
- You are below 21 years of age, and have a blood alcohol concentration of .02 or greater.
It is important to note that if the Virginia law enforcement authorities have arrested you for drunk driving (DWI/DUI), then you do not have the absolute right to ask for a blood test (which is a change from years past when you had the choice between a blood or breath test).
Additionally, if the apprehending law enforcement officer charges you with DWI/DUI and you refuse to take the breath test, then you face the additional charge of “unreasonable refusal.” This charge carries the potential for more fines and associated penalties, including loss of your license for one year without the possibility of obtaining a restricted permit to drive to and from work.
So, the next time you think about getting behind the wheel in a state of inebriation, remember all the penalties you face. Also, please remember that you could seriously hurt yourself or an unsuspecting victim. It is important to realize that nearly one-third of all serious Virginia traffic accidents involve a driver with a blood alcohol content beyond the legal limit and nearly 6% of those drunk drivers had a blood alcohol content more than twice the legal limit!
By Law Article
July 14th, 2009 at 09:03pm
Under DUI Law
If you have thought that driving with a couple beers in your system you are fine, you might want to take a second look. California and Arizona are implementing more strict laws to punish people who drive under the influence.
In the attempt to reduce the number of DUI cases, the states of California and Arizona are putting more strict punishments. Although this might sound like a reasonable attempt, it does not solve much. The focus should be spent on educating people about the consequences of drinking and driving. In spite of my opinion, the new laws are passed.
Arizona has just signed into law that any person who receives a DUI must install an ignition interlock device on their car. This also includes first time offenders. The old law required that only multiple offenders must have the device installed on the car. Keep in mind, this device must be paid by the offender. It must be installed on the vehicle for one year after the offender receives the license back.
On top of that, the state has also signed that first time offenders have to complete more jail time than the previous law.
If you have or have not commited a DUI, you might want to rethink your actions and choices. The laws are getting more strict and the consequences can affect your life. Having an IID device installed in your car not only costs you money, but it is not the only penalty you will be given. You will also have to pay fines, serve jail time, attend a dui program, and other penalties.
By Law Article
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