Mirror of Justice

Do I Need A DUI Lawyer?

July 19th, 2009 at 03:02pm Under DUI Law

You’ve been arrested on a DUI charge. Now what do you do? Although most people will recommend that you hire a lawyer to represent your best interests many people do not do so, often because of shame and embarrassment. Whether or not you hire a lawyer can have a big impact on your case so you may want to think carefully before making a decision. If you do decide to hire a DUI lawyer there are several things to consider so that you find the best lawyer possible to represent you.
Because DUI laws vary among each state (http://www.duislawyer.com/stateduilaws), hire a lawyer that has expertise with the laws in the state where you were arrested. Also, hire a lawyer that specializes in DUI cases. Depending on where you live you may not be able to find a good lawyer that practices DUI law exclusively, but look for a lawyer who spends at least half of his or her time handling DUI cases. It may be tempting to hire your local lawyer who deals with a veritable buffet of issues such as DUI’s, divorce, wills, and bankruptcy, etc. but DUI law is extensive and continually changing so you will likely be much better hiring a specialist in DUI.
Before you hire a DUI lawyer, or any other type of lawyer, meet with him or her first. Most lawyers will not charge you to meet with them while you’re looking for someone to handle your case. Having a face to face meeting with your lawyer before hiring him or her is good for both the client and the attorney. You’ll want to hire someone you feel comfortable working with. A face to face meeting helps you determine whether or not you feel comfortable. It also helps the lawyer decide if he or she feels comfortable working with you and wants to take on your case.
Before going to any consultations with lawyers (and you should consult with at least two lawyers before making a decision) do some research. The yellow pages is a good place to look for a lawyer but remember that the DUI lawyer with the biggest ad is not necessarily the best lawyer for you to hire. He or she is just the person with the biggest ad. You want a lawyer with DUI expertise and experience.
The library is another good place to do research. Your local library should have a copy of the Martindale Hubbell law directory. The directory does its best to list every lawyer in the United States along with his or her area(s) of speciality. You can search the directory by either location or area of law each lawyer deals with. The directory is also available online. People you know can also be a good source of information regarding a good lawyer.
Create a list of questions you want to ask each lawyer during the consultation so you can compare each lawyer equally before deciding who you would like to hire to represent you.
A few questions you may want to have on the list you make are:
1) What percent of the cases you handle are DUI or impaired driver? (Remember that you want someone who is very familiar with the current laws in your state.)
2) What do you charge and what is your fee structure? (You’ll want to know the most you’ll have to pay as well as how much you have to pay upfront. Many DUI lawyers charge a flat fee, which is a set amount for your case whether or not it goes to trial. Some lawyers charge an hourly fee. Others have staggered fee structures that break things into phases. They may charge a flat fee up until trial. If the case goes to trial then there’s another fee to pay. If the entire fee is required upfront but you are financially unable to pay it all upfront ask if a payment arrangement can be worked out. It can’t hurt to ask. The worst answer you can get is “no.”)
3) What costs besides attorney fees will I be responsible for? (In addition to lawyer fees you may be responsible for things like court costs and filing fees).
4) Will you be the lawyer handling my case or will someone else in the firm be the primary lawyer on my case? (This question is especially important if you are consulting at a firm with several lawyers. Some people have been very frustrated when they found out the lawyer they consulted with wasn’t the lawyer who handled the majority of their case.)
These are just a few of the questions you’ll likely want to ask before deciding which DUI lawyer you want to hire.

Importantance of Choosing a Good Dui Lawyer

July 19th, 2009 at 09:02am Under DUI Law

“A Nation Without Drunk Driving.” This is a symposium that will be sponsored by Mothers Against Drunk Driving, or known as MADD as part of the International DUI (meaning Driving Under the Influence) Technology Symposium that would be held on the 19th and the 20th of this month in Albuquerque, Canada. During this symposium, the latest innovations to help out lessen the number of drunk drivers would be showcased. The list would include alcohol-detecting sensors and anklet devices. These actually test the alcohol levels in the skin so much so that the ignition on their vehicles would lock up in case they do detect that a driver is drunk. All these innovations and technologies would be presented by researchers, law enforcement officers, and criminal justice people.

If you have been arrested for DUI or DWI, it is obviously cause for concern—but not for despair. By hiring a quality defense lawyer who can protect your rights, there are a host of ways your case may be defendable. That’s why it would be a good idea to consider hiring one of America’s Top DUI and DWI Defense Attorneys now. DUI laws are quite complicated nationwide. A good lawyer is very important to help you in your defense. Good DUI lawyers are specialists in drunk-driving cases. They try only such offenses, and know the courts and the laws well. There is also a National College of DUI Defense where you can search for DUI attorneys. A good DUI lawyer can guarantee you more than just arguments in court. Since DUI laws are complicated, a good attorney can pick holes in the case against you and, with some technical help, he or she can get you out of the charge with a small penalty.

DUI laws also distinguish between drunken driving and recklessness. If the charges are reduced to recklessness, the penalties are much less severe. Another aspect of DUI defense is the DMV hearing. The DUI lawyer will have to represent you in this separately. The DUI trial and DMV hearings are separate, and you might end up with a suspended license from either trials or both. Again, a good DUI attorney is essential for the DMV hearing as well.

A drunk driving conviction is not a matter of life or death in the literal sense, but a DUI conviction or guilty plea will affect your life. The first and most obvious effect on your life by a DUI conviction is the punishment. Depending on whether you are guilty of a misdemeanor offense or a felony DUI offense, you will pay a fine, potentially lose your license to drive, possibly serve some sort of community service, and maybe serve some time in prison. The punishment escalates if you are convicted of a DUI-related offense for the second time within a certain time frame.

You want a very good DUI lawyer representing you no matter what DUI-related charge you are facing for the obvious fact that you could either actually be innocent of the DUI charges, or even if you were in-fact guilty, a good DUI attorney could have the DUI charges against you dismissed by finding flaws in police procedure and handling of the evidence, or also by finding contamination in the blood or breath tests taken. There are many factors that can affect the results of a blood or breath test. A good DUI lawyer on your side will give you your best chance at showing reasonable doubt. A good DUI lawyer will also be aware of the many potential defenses, strategies and tactics that can be used. Remember, you must be found guilty of the DUI-related offense beyond a reasonable doubt to be convicted.

Few Steps for Deciding Which Dui Attorney you Want to Hire?

July 19th, 2009 at 03:03am Under DUI Law

Types of DUI:There have been many attempts to find advance indicators of who will drive when impaired by alcohol. The most well-established predictor is prior driving under the influence (DUI) arrests. Also, people who injure others or who have been injured after drinking will have more DUI convictions (Buntain-Ricklefs et al., 1995). Those with more total moving violations and more prior convictions of all kinds have more repeat DUI offenses (Peck et al., 1994). Those who refuse blood alcohol concentration (BAC) tests or have higher BAC test results also have more DUI offenses (Marowitz, 1998). The alcohol ignition interlock is a device installed on the cars of some DUI offenders that requires a low-alcohol or alcohol-free breath sample before the ignition unlocks and allows an engine to be started. Studies in the United States and Canada have shown that the interlock reduces DUI (Beck et al., 1999; Coben and Larkin, 1999; Marques et al., 2001a; Voas et al., 1999). The interlock has also been reported to be a good predictor of DUI risk (Marques et al., 2001b). The BAC lock point for the interlock is stipulated in state or provincial law. Typical lock points range between .02% and .04%. The U.S. national guidelines (National Highway Traffic Safety Administration [NHTSA], 1992) recommend .025%; Alberta Canada uses .04%. The interlock’s recorder logs the time and result of all breath tests. The early months of interlock BAC tests predict repeat DUI offenses years later, after the interlock has been removed (Marques et al., 1999, 2001 b). A variety of DUI predictors have been studied, but, unless these are available to court or licensing authorities, they have little practical value. For example, information about drinking patterns has been shown to be predictive of DUI risk, but motor vehicle or court authorities tasked with imposing sanctions do not usually have access to this type of information. For new knowledge to usefully inform policy and lead to lower public risk exposure, it should be accessible to those who decide whether to reinstate driver’s license privileges or continue with sanctions that restrict those privileges. Personal history, adverse drinking consequences, family history of drinking, places of drinking and types of preferred beverages help researchers understand the characteristics of repeat DUI offenders but cannot sharpen sentencing decisions if this information is not in a driver’s file. Unlike some of our earlier work, all data reported here are available to sanctioning authorities in jurisdictions where the alcohol ignition interlock is in use. Alcohol is a factor in 43% of all crash costs (Miller et al., 2002), but alcohol-impaired drivers are hard to detect. Accordingly, a DUI arrest is a low-likelihood outcome relative to the prevalence of drunken driving.

The Penalties of DUI Accidents: Driving under the influence can mean driving under the influence of drugs, alcohol, or both types of substances. No matter what type of substance is used in an offense, driving under the influence can cause serious injuries and property damage. In most states, DUI (or DWI as it is called in some states) is a misdemeanor charge. But, this can change if aggravating factors are present or if you’ve had multiple convictions within a specific time period. Aggravating factors can include injuries or property damage caused by DUI accidents, having a child in the vehicle while the offense is being committed, or having a blood alcohol level that is considered extremely high. Being knowledgeable about the consequences of DUI accidents can help you to better understand DUI law and perhaps help you avoid serious criminal charges.

How to choose a DUI Attorney?Before you hire a DUI lawyer, or any other type of lawyer, meet with him or her first. Most lawyers will not charge you to meet with them while you’re looking for someone to handle your case. Having a face to face meeting with your lawyer before hiring him or her is good for both the client and the attorney. You’ll want to hire someone you feel comfortable working with. A face to face meeting helps you determine whether or not you feel comfortable. It also helps the lawyer decide if he or she feels comfortable working with you and wants to take on your case. Before going to any consultations with lawyers (and you should consult with at least two lawyers before making a decision) do some research. The yellow pages is a good place to look for a lawyer but remember that the DUI lawyer with the biggest ad is not necessarily the best lawyer for you to hire. He or she is just the person with the biggest ad. You want a lawyer with DUI expertise and experience. The library is another good place to do research. Your local library should have a copy of the Martindale Hubbell law directory. The directory does its best to list every lawyer in the United States along with his or her area(s) of speciality. You can search the directory by either location or area of law each lawyer deals with. The directory is also available online. People you know can also be a good source of information regarding a good lawyer. Create a list of questions you want to ask each lawyer during the consultation so you can compare each lawyer equally before deciding who you would like to hire to represent you. A few questions you may want to have on the list you make are:

1) What percent of the cases you handle are DUI or impaired driver? (Remember that you want someone who is very familiar with the current laws in your state.)

2) What do you charge and what is your fee structure? (You’ll want to know the most you’ll have to pay as well as how much you have to pay upfront. Many DUI lawyers charge a flat fee, which is a set amount for your case whether or not it goes to trial. Some lawyers charge an hourly fee. Others have staggered fee structures that break things into phases. They may charge a flat fee up until trial. If the case goes to trial then there’s another fee to pay. If the entire fee is required upfront but you are financially unable to pay it all upfront ask if a payment arrangement can be worked out. It can’t hurt to ask. The worst answer you can get is “no.”)

3) What costs besides attorney fees will I be responsible for? (In addition to lawyer fees you may be responsible for things like court costs and filing fees).

4) Will you be the lawyer handling my case or will someone else in the firm be the primary lawyer on my case? (This question is especially important if you are consulting at a firm with several lawyers. Some people have been very frustrated when they found out the lawyer they consulted with wasn’t the lawyer who handled the majority of their case.)

These are just a few of the questions you’ll likely want to ask before deciding which DUI lawyer you want to hire.

Retaining the Right Tennessee DUI Attorney

July 17th, 2009 at 03:03pm Under DUI Law

Finding the right Tennessee DUI attorney is vital if you are charged with a DUI in the state of Tennessee.

A DUI conviction can have serious consequences, even if you have never been in trouble before. Like many states, Tennessee DUI laws have been amended to make consequences harsher for all levels of offender. Conviction for a DUI first carries mandatory jail time, alcohol safety school, potential community service, loss of your driver license for one year, and the possible installation of an ignition interlock device on your car. After the first conviction, things get even worse. A second DUI carries a minimum of 45 days in jail, a third DUI requires a minimum of 120 days, and a fourth DUI will result in at least 150 days in jail, not to mention a felony conviction on your record. It is especially easier now to get charged with a DUI since the legal blood alcohol limit is now 0.08, and the Tennessee DWI has been taken off the books.

An experienced Tennessee DUI lawyer can help you avoid some of the more unpleasant aspects of a DUI conviction. Only an attorney thoroughly familiar with Tennessee DUI law can ensure your rights are protected and mitigate the more inconvenient aspects of a DUI conviction. For instance, an ignition interlock device, which requires that you blow into it before you start your car and periodically thereafter, is not a requirement of Tennessee law. This is an aspect of your defense that can be negotiated by a skilled DUI attorney. Often, people are pulled over for invalid reasons that make your arrest unconstitutional. In cases where the evidence against you is slight, a DUI charge can sometimes be reduced to reckless driving or dismissed. For this and many reasons, an experienced DUI attorney is the best weapon to have on your side.

There are many things you can do that will help your DUI defense. There is no requirement that you offer evidence against yourself. Often times people are pulled over for simple things, like having a headlight or tail light out, a tag expired, or for speeding just over the legal speed limit. None of those things can be taken to infer that you were driving under the influence. Because the traffic stop is often not enough to obtain a conviction, there is no benefit that you tell the officer how much alcohol you may have consumed, that you perform a breath test, or undergo field sobriety tests, like standing on one leg, saying the alphabet backwards, or touching your fingers to your nose. Many people cannot even pass those tests sober, so there is seldom a benefit to giving the wrong impression.

Just because you may have offered evidence yourself, it does not mean you cannot be defended. If you have offered evidence against yourself, it is vital that you have an experienced and well-trained Tennessee DUI attorney on your side, who is familiar with Tennessee DUI law and the tendencies of the court where you have been arrested. The Tennessee DUI lawyer you hire might be the most important decision you ever make.

Lawyers for Dui Cases in Canada

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.

Learn Few Basics Before you Choose a Dui/dwi Lawyer

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.

Mother Against Drunk Driving(madd): is it Neo-prohibitionist?

July 15th, 2009 at 09:02am Under Drunk Driving Law

“Mothers Against Drunk Driving (MADD) was founded in 1980 by Candy Lightner, whose daughter was tragically killed by a drunk driver who was a repeat offender. The goal of MADD was to reduce drunk driving traffic fatalities and the organization has been highly effective in raising public disapproval of drunk driving. The proportion of traffic fatalities that are alcohol-related has dropped dramatically, in part because of MADD’s good efforts. MADD is a single-issue non-profit anti-drunk driving organization in the United States and with a branch in Canada (see MADD Canada). MADD is based in the Dallas-Fort Worth Metroplex suburb of Irving, Texas.

MADD’s Goal: Is it Neo-Prohibitionist?

Mothers Against Drunk Driving stigmatizes light or moderate alcohol consumption, even when it isn’t associated with either being underage or driving. For example:

1. MADD sells a graphic showing two empty glasses of alcohol surrounded by the words assault, drowning, burns, rape and suicide.

2. MADD sells a graphic that equates beer with heroin by depicting a beer bottle as a drug syringe.

3. MADD sells a television ad insisting that “”if you think there’s a difference”" between heroin and alcohol, “”you’re dead wrong.”"

Mothers Against Drunk Driving has clearly become not simply anti-drunk driving or even anti-impaired driving, but anti-alcohol. MADD’s temperance orientation expresses itself in many ways, as seen in Is MADD Neo-Prohibitionist?

Mothers Against Drunk Driving (MADD) began with the admirable goal of reducing drunk driving traffic fatalities by educating the nation about the devastation caused by drunk drivers. For the first 15 years, this strategy paid off: MADD’s public relations campaigns played a key role in changing the nation’s attitude about drunk driving, resulting in a huge drop-off in drunk driving deaths. MADD was so successful that it reached its goal for 2000 (to reduce alcohol-related deaths by 20%) in 1997.

MADD’s campaign to make adult beverages more expensive through drastically increased taxes is another major tactic in their war on responsible drinking. MADD says these tax hikes are a way to reduce underage drinking — but lacks real evidence that taxes are more likely to reduce underage drinking than moderate consumption by responsible adults.

MADD founder Candy Lightner has broken ties with the group. In 2002, she told the Washington Times, “[MADD] has become far more neo-prohibitionist than I had ever wanted or envisioned … I didn’t start MADD to deal with alcohol. I started MADD to deal with the issue of drunk driving.”

In the 1980s, MADD had success in helping change public attitudes and laws regarding driving under the influence (DUI). Since 1980 (the year Mothers Against Drunk Driving was founded), alcohol-related traffic fatalities have decreased by about 44 percent, from over 30,000 to under 17,000 and MADD has helped save over 300,000 lives.

”

Dui Laws in Arizona

July 14th, 2009 at 09:03am Under DUI Law

Arizona is one of the toughest states when it comes to DUI. If a drunk driver is pulled over and a police officer is suspecting that a driver is under the influence of alcohol or drugs, a sobriety test followed by the breath test is given to the driver. When the breath test shows blood alcohol level above the norm, the driver is arrested and charged with DUI. DUI laws in Arizona warrant for a mandatory time is jail, which amounts for thirty consecutive days. So, if you happen to be driving on Arizona road while under the influence of alcohol or drugs, you are out of luck. What can you do to fight for your rights if you have been wrongly charged with DUI?

The question that many drivers charged with DUI ask is how accurate is the breath test given by the police? The answer is, the test is highly inaccurate. So, if you are under the allowed limit of blood alcohol level, there is still a chance you may serve thirty hours of jail time, pay the fines, get driver’s license suspension and later have a restricted driver’s license that will only allow you to drive in the course and scope of employment. Once you complete a DUI program you may qualify to reinstate your driver’s license.

 All those penalties create a hassle for the driver charged with DUI. Thus, it is important to know your rights and fight for your rights if you are charged with DUI based on the fact that flawed breath test device has shown exceeded blood alcohol level. If you think that your blood alcohol level was not above the limit, check out How To Dismiss Your DUI Charges In Phoenix, Arizona

How You Can Crack Down Dui Laws in Nevada?

July 13th, 2009 at 09:03pm Under DUI Law

When you think of Nevada you most likely think of Las Vegas, and when you think of Las Vegas, certain things always come to mind: the blur of the neon lights, the monstrous scale of the strip, and the cacophonous, smoke filled casino’s where day is night and night is day and the alcohol is free for anyone who gambles long enough. Las Vegas may be just one of many Nevada cities, but the people who come to play and stay in Las Vegas may be at a higher risk for DUI than people visiting, say, the Hoover Dam.

With more than enough out of state tourists, Nevada uses harsh DUI laws to crack down on anyone caught drinking and driving within its borders. Although many states’ DUI laws are very similar, Nevada breaks the mold when it comes to blood alcohol testing, using harsh laws to ensure that a person arrested for possible DUI is always given a test to determine what his blood alcohol level was at the time of arrest.

Few Tips:

1. If I am stopped by a police officer, I have the right to consult with a lawyer to determine whether to answer his questions, or to decide whether submit to a blood or breath test.

Your constitutional right to speak with an attorney doesn’t allow you to consult with one before deciding whether to remain silent, or before deciding whether to submit to an evidentiary test of your blood or breath. It is only after you answer the officer’s question, and after you submit to the testing, that you can call a lawyer to determine what you should have done.

TIP: Although you are generally expected to answer a police officer’s legitimate “identity” type questions, you should not admit to having consumed any alcohol or any controlled substances. By doing so, especially with the controlled substances, you may be admitting to a felony. When in doubt, don’t talk. You should only agree to take tests that are required by law. Don’t volunteer to take any tests that are not required. Ask if the test is required.

2. I have the right to refuse a test of my blood or breath, even if the officer tells me to submit to one.

Years ago, it was possible to refuse to submit to a blood or breath test, without very much fallout. Today, however, should you refuse to submit to a “preliminary” test of your breath, the officer is permitted to arrest you, if he has “reasonable grounds” to do so, and to force you to take an evidentiary test of your blood or breath. If you are asked to submit to an “evidentiary” test of your breath or blood, and you refuse, the officer can use reasonable force to compel you to take the test.

TIP: Cooperate, but don’t volunteer to take tests. Your refusal to take a test may result in your being charged with an additional charge of obstructing or resisting an officer. Be polite, and if told that you have to submit to a test, then submit to it and fight about it later, in court.

3. If I am stopped and arrested for Driving Under the Influence, I am as good as convicted.

Despite the attitude of many courts and prosecutors, there are defenses to the crime which should be raised by you. Sadly, there are law enforcement officers who are not above coloring the truth and are willing to do so. Also, many officers who investigate DUI cases are not qualified to administer the sobriety tests, and they make serious mistakes in so doing. Remember this: If you plead guilty, you have a 100% chance of being found guilty. If, however, you are willing to fight for your rights, and to contest the prosecution’s case, you will have the best chance of a satisfactory outcome.

TIP: Pleading Not Guilty at the Arraignment does not mean that you cannot change your mind later. For this reason, do not plead guilty until you are satisfied that nothing can be done to improve your legal position. Your attorney will know how to advise you.

4. I can defend myself effectively in this kind of case, if I just let the judge know the facts.

If you have a headache, it is perfectly acceptable to take an aspirin or two. Similarly, a small cut on your may heal perfectly well without your doing anything to remedy it. If your appendix bursts, however, you need to consult an expert, and no one would suggest that you should personally attempt to remove that appendix. If you are arrested for Driving Under the Influence, you need professional help to get past the many pitfalls and adverse consequences. You need a competent lawyer, one who is experienced in the defense of Driving Under the Influence cases, and who is well versed on the law and facts regarding these offenses. Your investment in such representation is essential.

TIP: Hire the best attorney you can afford, one with depth of knowledge and experience in defending other drinking drivers.

A Few Points Worth to Know About Kentucky’s Dui Law

July 12th, 2009 at 09:02pm Under DUI Law

What Is Kentucky’s DUI Law? What Does It Mean?

DWI/DUI is an abbreviation of driving while under the influence of intoxicants (alcohol) or of any substance or substances which impair driving ability. Other substances can include illegal drugs, prescription drugs, inhalants such as glue, gasoline, spray paint etc., and/or over the counter medications. Kentucky’s DUI law has an “Illegal Per Se” provision. “Illegal Per Se” (On the face of or by itself) means it is illegal to drive with a blood or breath alcohol content of 0.08 or higher.

Highlights of Kentucky’s DUI Law

Here are highlights from Kentucky law on driving under the influence (KRS Chapter 189A). Legal terms associated with drunk driving in Kentucky.

‘Per Se’ BAC Level: .08

Zero Tolerance BAC Level: .02

Enhanced Penalty BAC Level: .18

Implied Consent Law: Yes

License Suspension 1st Offense: 30 days

License Suspension 2nd Offense: 1 year

License Suspension 3rd Offense: 2 years

Mandatory Jail Time after 2nd offense: Yes

Mandatory Alcohol Education: Yes

Mandatory Assessment/Treatment: Yes

Possible Ignition Interlock: Yes

Possible Vehicle Confiscation: Yes

Hardship License while license suspended: No

Open Container Law: For driver and passenger

These are highlights of the main provisions of Kentucky law pertaining to drunk driving. Other factors can increase the penalties for drunk driving, such as if an injury or death occurred, or if a child was endangered.

Source: KRS Chapter 189A

Another Important Fact to Know: 90% of DUI arrests occur between 10PM and 3AM.

How Can I Clear My DUI Record?

you may have some options available to clear your record. Your first option after a DUI conviction is to seek a new trial from the court. If there was an error in the admission of evidence at your trial or some other procedural problems, your attorney can ask the court for a new trial. If the judge grants your request for a new trial, you will be allowed to present your entire case again, this time before a new jury. If you’re found not guilty after your second trial, then your record will be cleared and the legal effect would be as if you never were convicted. If the judge refuses to grant you a new trial, or you lose at your second trial, you may be eligible to appeal your DUI conviction. If there is an error of law at your trial, or the jury completely disregarded the facts, you may have grounds for an appeal. An appeal involves filing briefs with the court and an oral argument-you will not be required to appear or participate in the appeal. If your appeal is successful, your conviction will be reversed, and your record will be cleared.

The Truth about Lawyers – Even though lawyers are the brunt of a lot of jokes out there, they really are in the legal industry to help you. You could hire one of the most expensive lawyers out there to represent you for your DUI case, and you will still pay less money to him than you would to the court system. If you had the option to pay a certain amount of money to the court, have your license taken away, have to go to jail and spend a weekend at a conference where they describe to you how bad drinking and driving is… OR, pay a lawyer a smaller amount of money, have a good chance of keeping your license, have a better chance of having the DUI dropped and to stay out of jail, wouldn’t that be better?