A conviction for driving under the influence (DUI) can affect your life in a number of ways. Fines, lost wages and revoked driving privileges are just the beginning. Civil cases-such as a car accident lawsuit-may result in large financial settlements. A criminal record can also limit long-term career and educational opportunities. A DUI first offense is typically a misdemeanor. However, felony DUI charges are possible in certain circumstances-if the driver has prior DUI convictions or if an accident results in property damage or injury, for example. Minimize stress and negative outcomes by keeping these important strategies in mind.
1. Remember Your Constitutional Rights. While cooperation with law enforcement is advisable, don’t forget that you have constitutional rights. Under the Miranda ruling, when in police custody, you have the right to remain silent and to consult with a lawyer. Any statements made after you’ve asked for a lawyer can be suppressed. Anxiety and remorse regarding the incident can make it tempting to either lie about what happened or accept undeserved blame. An attorney can assist you in reviewing your situation and describing events accurately.
2. Consult a DUI Lawyer. In both criminal and civil cases, an attorney with experience representing DUI clients can assist you in obtaining the best possible outcomes. A DUI lawyer specializes in DUI cases and can evaluate the charges against you, establish if your constitutional rights were violated and determine if there were any extenuating circumstances. Your DUI attorney can also help negotiate the severity of any penalties and civil judgments against you.
3. Keep Your Lawyer Informed. Provide your DUI lawyer with details regarding the incident. Record everything you can remember about your arrest and the events surrounding it. Make these notes as accurate as possible, starting with the amount of alcohol, drugs or medication ingested and the time they were consumed. Explain the reason you were driving and where you were going. Include the names of law enforcement personnel involved in your arrest, the time of the arrest and the time any lab tests were completed. Describe what you were doing when you were pulled over, what you said and how the officer responded. If an accident occurred, explain what transpired before, during and after the accident. Document if you suffer from any medical conditions. Keep in mind that details that may seem irrelevant can actually be valuable information for your court case. For example, anxiety can diminish your performance in a field sobriety test and some medications can cause inaccurate breathalyzer results.
When Randy Snyder saw the lights flashing on his way home from a party last New Year’s Eve, he knew that he was in trouble. He had just been pulled over for a DUI. California law is harsh when it comes to drunk driving.
The police officer gave Randy a “field sobriety test” and then took him to the station for a blood alcohol test. Then Randy was placed in jail to “dry out” until the next day.
But the case was just starting. The arrest initiated two separate cases. A DUI in California gets filed in both criminal court and with the state’s Department of Motor Vehicles. Randy had just 10 days to contest the suspension of his driver’s license with the DMV.
The courts in California no longer have the power to suspend or revoke a driver’s license in a DUI case. That power now lies solely with the DMV. That is why it was so critical that Randy retained a DUI attorney just two days after his arrest. If he had waited any longer, it would have been too late for the attorney to file the necessary paperwork to challenge the suspension.
But the nightmare wasn’t over yet. Randy had to take time off work to go to court. The lawyer worked out a plea agreement so that Randy wouldn’t have to spend any more time in jail. But he was ordered to attend a 52 week alcohol course, which he found quite intrusive into his life.
Randy is certain that he will never drive drunk again. But he knows that he got off a lot lighter than he would have if he hadn’t retained an attorney right away.
Like the rest of the country, a Maine DUI refers to Driving Under the Influence. However, Maine also refers to it as OUI (Operating Under the Influence) or OWI (Operating While Intoxicated). For all intents and purposes, Maine defines the term “under the influence” as a person’s mental or physical abilities being impaired to the “slightest degree” as the result of the consumption of alcohol and/or drugs. If your BAC is.08 or above, you will be charged with OUI.
The subjective observations of an officer of the law can also be used as OUI evidence, without the need for a BAC result. These observations include an alcohol odor, bloodshot or glassy eyes, lack of coordination and/or balance, slurred speech, and reckless or unsafe driving.
If you are operating under the influence of controlled substances, either prescribed or over the counter, you can face the same penalties as a drunk driver. Law enforcement authorities can detect drugs through the BAC test, field sobriety tests, and the subjective observations listed above.
Maine DUI laws are written as zero tolerance for underage drinking. Therefore, if you are under the age of 21, your driver’s license will be suspended for at least one year if you’ve been operating a vehicle with any alcohol in your system. There is a “washout” period of ten years for dui arrests. This means that if dui offenders have ten years’ time between offenses, the previous offense is washed out, and the current offense will be treated as if it were your first.
Were there aggravating factors concerning your first DUI in Maine? Those include attempting to elude law enforcement, a BAC of.15 or above, exceeding the speed limit by at least 30 miles per hour, or a minor passenger in the vehicle. These circumstances require a mandatory 48-hour jail sentence. And, if you had a minor passenger, there will be an additional 275-day suspension of your license.
Your refusal to take a blood, breath, or urine chemical test will be considered an “implied expression of guilt” and will be used as evidence against you. In fact, this refusal is also considered an aggravating factor that will bring harsher penalties than if you had tested positive. These include a mandatory minimum sentence of 96 hours in jail, a $600 fine, and a 90-day suspension of your driver’s license.
If your OUI causes serious bodily injury or death, or if you have a prior conviction for a felony OUI or OUI homicide, it is considered a strict liability felony. The dui penalties for this are a minimum of a six-month jail sentence, a $2,100 file ($2,500 if you refused to take a chemical test), a six-year license suspension, and two years of probation.
http://www.MyDUIAttorney.org is a directory of qualified attorneys, lawyers and firms who deal with drunk driving cases and help defend those charged with a DUI offense. The directory provides a source of marketing and lead generation for these attorneys, lawyers and law firms, making it easy for DUI offenders to search and contact qualified professionals who can help them.
It seems like the term DUI is everywhere. Almost every weekend you see stories on the news about police task forces that are targeting the rising number of DUI cases. In fact, the truth is that throughout the years the rules have gotten significantly more stringent, and these days it can be quite easy to end up with a DUI.
However, the frequency of it should in no way minimize the seriousness of the offense. The truth is that with the strict rules surrounding a DUI offense, the consequences are just as serious. Of course these consequences vary from state to state and offense to offense. However, in many instances it may mean that you can be sentenced to large fines, suspended licenses, and even probation or jail time.
When you are initially arrested for a DUI you may be overwhelmed, but the first thing that you need to do is to get in touch with a great lawyer. You see, as penalties vary quite a bit it would help to have a seasoned professional behind you that can help you navigate the complicated avenues of the law.
To challenge any DUI accusation you are going to need a strong defense. This is where a lawyer, such as a Seattle DUI Attorney, can come in to help you. They are aware of the necessary and allowable types of evidence that you may introduce in a trial. The truth is that not all of the evidence that the police may have gathered from you at the scene may be correct. In fact, there are large margins of error in breathalyzer tests. Additionally, witnesses of the events may be able to help refute some of the evidence that is presented. To come up with all of this on your own would be very daunting, but a lawyer is trained in how to go about this.
You also want a great lawyer to deal with your DUI because there may be more lasting consequences than you realize. The price of your car insurance may be affected for years, and it could potentially be an offense that is permanently on your record. Instead, with the aide of a top quality lawyer you might be able to work out an arrangement with the courts that would allow your record to be expunged of the offense after having fulfilled your sentence.
It may be tempting to try to go it alone when you are accused of a DUI. However, that is not the best choice. By doing that you are simply setting yourself to navigate uncharted territory blindly which can possibly saddle you with more severe consequences than needed. However, with the help of a great lawyer you can get out of a negative situation in the best way possible, and that is completely worth the price of their service.
If you’re in a little bit of “DUI trouble” then you probably really need to get a professional on your side. Preferably someone who’s done the whole “DUI thing” before, probably a lawyer who’s been around the block and has lots of experience with this type of thing. Visit Seattle DUI Attorney to discover how to find the Best DUI Lawyer in your area!
If convicted of a DUI in California, you will likely be facing a combination of the following penalties:
A first time DUI conviction in California typically carries a penalty of between $390 to $1000 in fines. In addition to the fines, you will be required to pay anywhere up to $3000 in penalty assessments.
Second and subsequent convictions carry heavier fines, as do instances in which another person was injured.
California law allows for the judge to sentence you to up to six months in jail for a first time offense.
If this is your first time you’re being convicted of a DUI, you will most likely retain the right to keep a restricted version of your driver’s license.
However, you will have to pay restriction and reissue fees in order to keep the privilege of driving to and from work.
Additionally, you will be required to complete a mandatory DUI educational program. These programs can require a time commitment of up to one year.
Other consequences include paying impoundment and storage fees for your vehicle, two points added to your driving record (if you are given four points in a twelve month period your license will be revoked), and a mark on your record which will last for ten years.
Finally, your auto insurance premiums will likely increase, and you could face ramifications on the job if you had to miss work.
You understand that a conviction can cost you thousands of dollars, your license, and possible jail time.
So, what now? Is there a way out?
Actually, in many cases there is. You see, the majority of evidence introduced into court during a DUI trial is technical in nature. And technical evidence can be challenged on valid scientific grounds. Today, the best way to fight a DUI case is to show how the technology to determine blood alcohol content (or BAC) might be faulty. This technique allows for reasonable doubt as to whether you were actually driving above the legal limit. You may be wondering how technology might be wrong. Actually, there are many ways in which errors can occur. The job of a good attorney is to highlight the possibility of error.
Andy Taylor runs websites on DUI Lawyer [http://www.dui-lawyer-guides.com]. DUI Lawyer Guides provides free information on DUI related issues please check www.dui-lawyer-guides.com [http://www.dui-lawyer-guides.com].
If you have been caught driving under the influence or you are being charged with the offence, you are reminded not to disregard it as something meaningless. It is a criminal charge. You must find an attorney who has a lot of experiences to handle your “drunk driving” case. Looking for a good attorney is important because you may be jailed if the case is not handled in a proper way.
In many people’s point of view, driving under influence is just a small matter. However, in United States, more harsh penalties and laws are being enforced year after year. For people who have been caught, they could end up paying a big fine or even be jailed. Their driving licenses may be suspended. The drivers could even end up with criminal conviction in the cases where the victims of the accidents were injured or killed. All the consequences could seriously affect the future of the drivers. You may lose your opportunities for employment or job promotion due to this incident. In order to reduce the negative effects, getting a knowledgeable attorney is a must. He or she will help to make your case smoother. He or she will be responsible to make the difference and dig you out from hardship.
Nowadays, looking for a DUI lawyer is not hard. By searching online, you will be able to review a number of attorneys’ backgrounds, credentials, experiences, and their previous case histories easily. In order to reduce your charges and protect your license, you are advised to put in more effort to look for excellent lawyers. You should only consider those qualified and licensed lawyers. Don’t waste your time with those practitioners. Based on the reliable records, those experienced attorneys are able to get the cases dismissed completely. If you don’t want to leave any bad or negative items on your record, you had better look for a great one to assist you.
The next issue you need to consider is the legal fee. You need to evaluate your financial position carefully to see how much you can afford to pay. At the same time, you need to find out the rates and payment conditions set by the attorneys. Discuss this matter in advance with a few attorneys so that you can make comparisons. Some lawyers require a big sum of upfront from their clients. You have to bear in mind that the more complicated the proceedings are, the higher cost you need to bear. For instance, if there is personal injury in your case, you will be required to pay higher legal fee.
If you are guilty of a serious drinking problem, do not expect the lawyer to help you to “runaway” from attending a mandatory alcoholic program or enroll into rehabilitation. You still need to follow the rules. You must change your drinking habit and stay on the right side of the legal system. A good lawyer is there to reduce your charges and you must be responsible not to drive anymore when you drink.
Most people will know that it is very wrong to be in control of a vehicle when alcohol has been consumed. However, if you have been charged and arrested you will need the services of a DUI attorney. A DUI lawyer will be needed to represent the miscreant driver and make sure that his constitutional rights are not being trodden on.
Many drivers will at first become very annoyed that the police have dared to pull them over. This is the first big mistake that any driver can make. The police have to deal with literally dozens of people every day, and all claiming that they have done nothing wrong. If the driver talks in a calm manner and respects the policeman then he will more than likely treat the driver with respect also.
Being polite is only the tip of the iceberg and some will make big mistakes in that first few moments following the stop by a police officer. Drivers should never agree to roadside tests or to breathing into those portable machines. He doesn’t have to refuse everything but save these tests for the police station. This will obviously take time to set up and the driver could be only just over the limit. By the time the driver gets to the police station the levels may have changed somewhat.
It is the job of the professional to try to shake the evidence of the police. Did the driver receive his constitutional rights and were all the necessary warnings etc delivered to the driver in the correct order? If the professional can prove that something was very wrong with the arrest then the case could end up being dismissed.
Some people will believe that they don’t need the services of a professional but this is truly false economy. It may mean the difference between ending up with his license being revoked or actually doing jail time. Professionals deal with the courts on a daily basis and will know all the loopholes to get their client off the hook.
If the worst happens and the driver is convicted, his license will reflect this. Once he has a record then these charges become cumulative over a seven year period. Each will be linked to the other and in the end the driver may just have to bite the bullet and go to jail. Even losing the license for three years can cause a serious kink in the career of the convicted driver.
Of course, it goes without saying that no driver should be behind the wheel of a care once they have taken liquor, but mistakes do happen. Some people have believed that they were taking fruit punch at a party and only find out that the punchbowl was spiked with vodka without them knowing. Those one or two beers on top of this is more than enough to put the blood levels over the legal limit. Only drink from bottles that have not been opened beforehand to be sure.
Ask These Questions Before Hiring Any DUI Attorney In Erie, PA
If you have been arrested for a DWI / DUI in Erie, PA, you certainly want to have the best legal defense possible. As you sort through the available attorneys in Erie, PA, you may start to feel a bit overwhelmed and wonder how you can possibly determine which attorney is right for you.
To help you identify the best DWI / DUI attorney in Erie, PA for your case, there are several questions you should be prepared to ask any attorney you are considering. Here’s what I think are important:
* How long have you been defending DUI cases in Pennsylvania?
* How successful have you been at getting DUI charges reduced or dropped?
* What procedures do you follow in order to achieve the best results?
* What kind of honors or awards have you received in your field?
* How are your fees determined?
When searching for the best DWI / DUI attorney in Erie, PA for your case, look for someone that has defended numerous cases and has experience defending cases in the state of Pennsylvania.
Since DWI / DUI laws are different from state to state, you don’t want to take a risk with a lawyer that has only limited experience defending cases in Pennsylvania.
Of course, you also want to find a DWI / DUI attorney in Erie, PA that has a proven track record of successfully helping clients defend their cases.
If you are facing a DWI / DUI in Erie, PA, get help from an experienced attorney. Hire an attorney who has handled thousands of DUI cases with experience and a track record that speaks for itself.
Grant C. Travis is a member of the Erie County and PA Bar Associations. Attorney Travis is admitted to practice in all Pennsylvania Courts and the U.S District Court, western District of Pennsylvania. He is an experienced Pennsylvania DUI attorney who has defended 1,000′s of PA DUI cases.
http://www.pa-dui-defender.com The DUI Defense Group has offices in Erie, Edinboro and Warren, PA and focus on DUI defense in Erie County.
When a person is arrested for driving under the influence in cities like Encino, or a DWI arrest in Marina del Rey, for example, it can be a very difficult time in their lives, it is a nerve-racking situation, embarrassing and can cause problems in daily life.
First of all you have been field tested, arrested and have had to explain this to family, friends and maybe even your boss and that can make a person feel very uncomfortable. After all this is not a drinking problem it was a bad case of misjudgment on your part when you sat behind the wheel after a few drinks.
The first important thing that needs to be done to secure the out come from this lapse in judgment does not take over your life and to do this you will need the assistance of an experienced Los Angeles DUI attorney that will know what will need to be done after a DWI arrest, they have discussed your case with you. What the DUI/DWI lawyer will do when you are arrested for one of these charges in the city of Encino requiring an Encino DWI lawyer.
The experienced criminal defense lawyer continues to stay educated in the new laws as well as the new scientific evidence, this enables the attorney to know things such as the testing equipment used during chemical testing is only works as good as the person giving the test. This means if the person is new or over worked the test may not be accurate; these are machines, which means if they are not properly calibrated they will not produce accurate results.
The DUI/DWI attorney will also understand that there will be two separate hearings, the one will be held before a judge and be criminal charges, the other is with DMV and this one if not handled well can end with you losing driving privileges for an extended amount of time. The wise attorney understands walking into this hearing the person who will hear this case will play all three rolls, the judge, the prosecutor and the jury. This means the fate of your driving privileges.
Experience is what is needed to represent a driving under the influence case and have it end where it is an acceptable out come. They know that there are cases where they need to have expert witnesses testify in your behalf.
While a DUI/DWI is a bad situation but choosing the experienced Los Angeles DUI attorneys such as an Encino criminal defense attorney, or other Los Angeles injury attorneys like a Marina del Rey injury lawyer can make this situation and the court appearance and also the DMV hearing making you not to be nervous about appearing because this attorney is one that will handle both cases. This is what the DUI/DWI attorney will do when you are arrested for one of these charges.
Getting behind the wheel of a car after indulging in alcohol or drugs can be one mistake with a lifetime of consequences. Even if no one has been hurt and no physical damage has been done, the penalties for being convicted of driving under the influence, or DUI, in Colorado are severe with potentially devastating repercussions.
DUI is an aggressively prosecuted crime in Colorado. In addition to the mandatory nine month revocation of the driver’s license in most DUI cases, penalties for conviction can include up to a year of jail time, one to two years of probation, up to 120 hours of community service, monitored sobriety, alcohol therapy and education classes. A DUI conviction on your record will also carry the consequences of significantly higher car insurance premiums and may negatively affect employment opportunities. Repeat convictions carry much more severe penalties.
An arrest for DUI does not automatically lead to a conviction. Colorado DUI cases are successfully defended every day by experienced DUI attorneys who understand the laws and defense opportunities. Field sobriety tests are not always reliable or administered correctly. The validity of test results may be called into question for a variety of factors that can result in a dismissal of the charge. If a dismissal isn’t possible, an attorney can argue for a reduction in penalties.
The most important thing to remember is that if you are ever stopped or arrested for DUI in Colorado call an experienced DUI attorney immediately. With the severity and lifelong consequences of a DUI conviction, you must have aggressive representation on your side.
Law Offices of Hebets and McCallin ( http://www.hebetsmccallin.com/ ). We treat each case with individual attention, and as Denver DUI attorneys we pride ourselves on affording clients distinguished and effective counsel. We aggressively advocate on behalf of our clients, and we have a proven track record of success.