If you have been charged more than one time with driving under the influence (DUI), it is necessary for you to hire a competent and knowledgeable DUI lawyer. When you have already had a DUI or if you have multiple convictions for DUI against your driving record and you’re arrested for another DUI, you’re considered to be a repeat DUI offender or a multiple DUI offender. The legal penalties that you must face become stiffer and harsher with each consecutive DUI conviction. This means that when you get the second DUI or more it will be a highly serious offense. By committing the action of driving drunk for a second or more time, you’re demonstrating a total disregard for the safety and well-being of others and yourself. If the court believes that you just didn’t learn what you should have the very first time, the response is usually unyielding and harsh.
Penalties for second or more DUIs can include imprisonment, fines, and suspension of your license. There may also be a requirement that you attend an alcohol treatment program or a DUI school, and you might also be expected to carry out community service. You will probably be on probation and also have to report to a probation officer using a regular schedule. There is also the possibility that the court will order a device be installed on your automobile that will administer a breathalyzer to you in order to start your vehicle’s engine. If you’re mandated to use this kind of device, you will be expected to pay the cost for this service from your own pocket.
Because the penalties for DUI are greater with each subsequent DUI charge, it is vital that you use a competent and experienced DUI lawyer who is able to negotiate and litigate for your benefit to reduce the damage from the charge. If this driving under the influence charge is your second, third, or fourth offense, then you will be facing:
• Second DUI inside of a period of ten years means it is possible to go to the penitentiary for a minimum of 90 days and a maximum of one year. There might be monetary fines of $390 to $1,000 with the potential for a penalty assessment. You might have your right to drive a vehicle suspended for as much as two years. You may be ordered to attend an alcohol or substance abuse treatment program for as long as 30 months or 2 ? years.
• Third DUI inside of a time period of ten years. You can serve time in jail for a time of 120 days minimum to one year maximum. You may be fined up to $1,000, and possibly face penalty assessments. Your license can be suspended for up to 3 years. You may be forced into an alcohol or drug treatment program for up to 2 ? years.
• Fourth DUI within a time period of 10 years. You may serve time in jail for a minimum duration of 180 days to a maximum of 16 months You can be assessed a monetary fine as high as $1,000. Your driver’s license can be suspended for a maximum of four years. There may be a requirement that you attend a very long drug and alcohol treatment program.
It is quite evident that when you’ve got subsequent DUIs the escalating penalties can be harsh. You must contact your DUI attorney at the earliest opportunity following your DUI charge to ensure he is able to start to prepare your defense.
If you are in need of a great Sacramento DUI lawyer then check out the Law Offices of Brianne Doyle or call her at 916-806-6400. She’s a top notch Sacramento DUI lawyer and can help you get through your DUI arrest.
It’s your officemate’s birthday, and you head down to the nearest restaurant for a simple dinner celebration. With your dinner steak, you had a couple glasses of the house Chardonnay. After some hours of chitchatting and useless talk, you decided it’s time for you to head home before you are forced to order some more beer and get really drunk. Just when you are dreaming about having a good night’s sleep, you are startled by the sirens of a police car wailing at your back. A policeman comes to their megaphone speakers and asks you to pull over. Of course, after conducting their standard sobriety field test, you are said to be positive of consuming alcohol.
Funny as it may sound but the above scenario happens all the time. People from various states are faced with charges of driving under the influence and are urged to pay for things they would never understand why they should. Read on and discover the many intricacies that befall a person charged with driving under the influence and be armed with necessary knowledge so as not to be taken by surprise and eventually fall into the trap of the legal system.
Although it is considered the epitome of democracy, America is a great irony when it comes to cases such as driving under the influence. To prevent having to face unreasonable charges such as the one situation above, it is therefore vital to get a strong defense with a knowledgeable DUI attorney.
To avoid ending up in these ugly situations, a lot of things need to be remembered. Make sure to note the manner in which the sobriety test was conducted. In some cases, a fault in the way the sobriety test is conducted results in the dismissal of the case. Getting a good DUI lawyer will help you get this defense.
It is also advisable not to confess anything until you have talked to a DUI lawyer. The mere acceptance of the fault will get you really deep in these cases. Pleading on the 5th amendment is enough and make sure to wait for DUI attorney before talking to a police officer and before confessing to any crime.
These are just some tips you can arm yourself with when you encounter a similar situation like the one mentioned above. Although your veteran DUI lawyer will give you additional advice on how to face the predicament, it is vital that you stay calm amidst all the brouhaha. This is one of the most important things you need to bear in mind if you don’t want your license revoked or you don’t want to serve jail time.
Being charged with DUI in Santa Clarita, CA is a scary experience. Usually many people who are charged and arrested for DUI or driving under influence, are unaware about their rights and prefer not to fight for their case. This can definitely be a huge mistake. The penalty for drink and drive is very severe and may include fines, prohibition, community service, time in jail and suspension of driver’s license as well.
Additionally, DUI conviction may also accompany social repercussions, increased insurance fees and lost job opportunities. Hiring the best and well experienced DUI defense attorney in Santa Clarita, CA can help you avoid the unnecessary mark of DUI conviction against you. While there are many of them in Santa Clarita, CA, selecting a highly qualified, experienced, reliable and trustworthy one is very important.
How to look for the best DUI defense attorney in Santa Clarita, CA
The best way is to ask your family members and friends for referrals. If you are presently working with an attorney who handles all other matters, ask whether he/she can recommend you an experienced one.
You can also get in touch with the California State Bar for the complete list of qualified DUI defense attorneys in Santa Clarita, CA. After getting a list of referrals, you should then narrow down the list of potential attorneys and start with the interview process. Select around 4-5 DUI defense attorneys whom you would like to work with on your DUI case.
When interviewing each DUI defense attorney, make a note of their experience and how you click with them. As going through a DUI process is very stressful, you should always work with an attorney whom you can trust and the one who understands your case. Keeping these things in mind, the process of selecting the best one becomes quite easy.
Below are five reasons to hire a criminal defense attorney if you have been charged with a crime. Now there are so many reasons why a criminal defense attorney can be helpful, but these are the most important.
1) You need an advocate.
Innocent until proven guilty? While that is the principle that our criminal defense system was founded upon, innocent is in the eye of the beholder. Of course, in order to be found guilty, the jury (or judge) needs to find that you committed the crime beyond a reasonable doubt. But you need someone to continuously remind those who are trying to punish you of that fact. You need someone in your corner who will put all of their resources to defend your rights. That includes your right to a competent defense, right to a speedy trial, right not to incriminate yourself, right to confront witnesses against you, right to a jury trial in certain cases, and the list goes on. The important thing is that you have someone there for you representing you and your interests. That is what a criminal defense attorney can do.
2) You don’t know everything.
With the advent of the internet, and quick access to a lot of information, people believe they can adequately defend themselves. There is a wealth of resources out there, both on the internet and in our libraries. Unfortunately, none of them are a substitute for real life every day experiences. Criminal defense attorneys are in the courtroom going through the process nearly every day. They see these things on a daily basis. They know the tricks of the trade. They know the local procedure. They know the variations between jurisdictions. Most importantly, they know the law. Why take the chance of getting because you failed to follow some nuance when a criminal defense attorney can help you?
3) Laws are not simple.
Every crime has different elements, and every statute contains “legalese” that may be difficult to non-lawyer, seeing it for the first time, to fully comprehend. Additionally, most statutes refer to other statutes, which contain even more intricate language. Further, there are procedures that must be followed regardless of the law or the crime alleged. Finally, there is case law that helps interpret the law. How can you possibly learn all of the laws, procedure, and case law if you have never even been in a courtroom before? You can’t, which is yet another reason for a criminal defense attorney.
Too many defendants believe they can saunter into the courtroom and defend themselves. After all, they see it on television and in the movies all the time. It looks so easy. Opening statement, examine witnesses, compelling closing argument – not guilty. Unfortunately, it rarely works that way in real life. You need someone who knows the intricacies of the crimes involved and of the courtroom.
4) Criminal cases move fast.
A criminal case moves very quickly. There are certain things that must be done by the defense within certain time limits. There are certain things that must be done by the prosecution within certain time limits. Without knowledge of when motions must be filed, discovery must be requested and completed, witnesses and exhibits must be identified, you could make a critical mistake. A criminal defense attorney can help.
5) Your life may depend on it.
Literally, your life may depend on your attorney. Though not always in the “facing capital punishment” kind of way, a conviction could mean a substantial jail sentence. It could mean other things too, such as a hefty fine or the loss of your driving privileges. Why take the chance with your life?
The most important thing to take from this article is that defending yourself is not smart. You need to do the research, interview a criminal defense attorney, and hire him or her if you feel comfortable. If not, research someone else. Just make sure you get it right.
It is never easy to stay composed in the face of such obstacles. It is important to remember that you have the right to aggressively defend your best interest. Regardless of whether you are partially at fault in any crime, you have a right to pursue your best interest and seek a beneficial outcome.
Know Your Rights
When you are arrested, you have the right to be treated according to pre-determined legal procedures. Oftentimes in the case of a traffic violation, the confusion surrounding the arrest or charge means that these procedures are not followed in every case. Especially in a city like Los Angeles where there is constant confusion on the roadways, it is possible your rights may be violated. If you feel your rights have indeed been ignored, you should seek the advice of a Los Angeles DUI attorney immediately to begin evaluating the circumstances surrounding the arrest. You have the right to an attorney; your DUI lawyer will act as your partner and advocate throughout your legal battle.
Seek a Criminal Defense Attorney
Criminal defense lawyers specialize in aggressively seeking the best possible resolution for an individual accused of a crime. Often, a Los Angeles criminal defense attorney will have extensive knowledge of traffic litigation due to the unique circumstances present in Los Angeles. The southern California area, which encompasses Orange County and San Bernardina County, has the second highest commute time in the nation and eight times the national average of car accidents. Criminal defense attorneys in Los Angele’s are intimately familiar with the laws that govern traffic in the area including DUI legislation. Furthermore, a Los Angeles criminal defense lawyer will be highly familiar with the prosecutors and judges who try criminal cases in the Los Angeles area, giving you a distinct advantage.
Find an Attorney with Experience in DUI Cases
Any criminal defense attorney in Los Angeles should have some knowledge of traffic and DUI legislation. It is advisable, though, to seek a DUI attorney in particular. A DUI attorney will have knowledge of previous DUI cases and will likely have tried many such cases in the past. You should be able to locate records of these cases without too much difficulty. For example, The Law Offices of Rodney Nosratabadi have an excellent blog that highlights current cases being heard and opinions or advice on the circumstances. You may find that by looking at these cases that you are not alone in your desire to resolve a DUI case without facing extensive penalties. Many other people have worn your shoes, and your DUI attorney will be sympathetic to your cause moving forward.
In one of my previous articles I discussed several things that you should ask a DUI Lawyer before hiring him or her. In this article I will briefly discuss several things that you should do to prepare yourself for interviewing DUI Lawyers. There is an old saying that “knowledge is power” and this is absolutely true. You should have some basic background information before calling DUI Lawyers so that you can evaluate what they are telling you. I will divide this information into two parts: First, information about the DUI Lawyer himself or herself; Second, information about DUI Laws in your state.
Before calling any DUI Lawyer you should research their name online through Google, etc. and their personal web site if possible. You want to know if they are experienced in handling DUI cases or do they usually handle other types of legal matters. Obviously, you only want to talk to an Attorney that handles many DUI’s. That is the only way to be sure that he or she stays constantly updated as to DUI Law in your State. Also, try to find out what type of training they have had. Was he or she a Prosecutor before moving to defense work? (Former Prosecutors tend to have a lot of experience and classroom training as their employers constantly send them to class to make sure they are current). Is he or she a member of any organization devoted to DUI Defense? Many of these organizations provide training to their members. Remember, you do not want to be represented by a civil attorney who is just picking up a DUI defense case because they figure “how hard can it be?”
You should also research DUI Law in your state before calling DUI Lawyers. You can attempt to find the DUI Statutes on your State government web site or use other web resources. When reviewing the DUI Statute from your state you should be trying to find out several things. Are you facing a mandatory jail sentence? If so, how long a sentence? Are you facing a mandatory driver’s license suspension? For how long? Most importantly, does your state offer a pre-trial diversionary program? This is a program that will, generally, allow a first time offender to serve some probation and take classes instead of facing jail time. These programs very often also carry lesser, or no, license suspension. Most importantly, most of these types of programs will result in your DUI charges being dismissed and expunged (meaning you will have NO criminal record as a result).
It is only after you have all of this information that you should talk to a DUI Lawyer. Then, for example, if a lawyer does not mention the pre-trial diversionary program you should wonder why? Or if an attorney pushes you to fight the charges rather than take the program (usually, because they charge more money for a trial) you should question them closely as to their reasoning for this advice. Always remember to ask any Lawyer how often they handle DUI cases and what percentage of their practice is taken up by DUI defense.
Good Luck, and I hope that this article is of some help in hiring the right DUI Lawyer to defend your charges.
It has a copy of the DUI Statute from every state as well as a DUI Forum. A great DUI resource
Every year thousands of drivers are charged with driving under the influence and when they are there are some things that they should do and some things they should avoid doing. With the warm weather of summer on the way the amount of DUI charges will rise in Newport Beach because summer fun and alcohol often go together. The steps that should be taken if charged with a DUI drunk driving arrest in California cities are many and will cost time and money to say the least.
If you are out having fun and consuming alcohol and then get behind the wheel of your car you are risking being stopped for driving under the influence. The steps that should be taken if charged with a DUI in Newport Beach are helpful if you follow them. When this happens there are some things that while they will not stop you from being charged with a DUI if you are over the legal limit they can help when you go to your court hearings.
First if you are stopped, be courteous to the police, it is a tense situation and you might well be asked to take a field sobriety test and whether you comply or not you can be arrested.
Second if you are asked to take a chemical test try to choose a breathalyzer test, the reason for this is this test is not always reliable and a skilled DUI/DWI attorney will know this and be able to build a defense using that fact.
The next thing that should be done is to use the phone after your arrest as soon as possible and call someone who knows you well; this can help later in court for them to testify about the sound of your voice and the condition you sounded to be in at the time of the phone call.
The steps that should be taken if charged with a DUI also include finding an experienced attorney. What you will need to do is to find an experienced DUI/DWI attorney that knows all of the laws concerning driving under the influence and also has a proven record with DMV. This is because there will not only be a hearing for the driving under the influence charge in criminal court but there will also be one at DMV, so the attorney needs to be aggressive in your driving privileges.
While none of these things will change the fact that you have gotten a DUI, they can help when it is time to go to court and when it is time for sentencing. The steps that should be taken if charged with a DUI drunk driving arrest in California cities require an experienced drunk driving attorney in Marina del Rey if arrested there, or Los Angeles DUI lawyers if the DWI arrest happened in LA. The same goes for Malibu Beach, Malibu or Santa Monica DUI attorneys are always seeking to provide the best legal assistance for your criminal case.
In order for an officer to stop your vehicle and initiate and investigation, they must first have probable cause to do so. An officer cannot make the initial traffic stop leading to the DUI without having a valid reason to do so. An officer cannot stop your vehicle just because he or she is having a bad day, doesn’t like the color of your car, or is bored and wants something to do.
Probable cause is a flexible standard and its existence will be determined by a judicial officer. The officer will need to show the judge that he had a reasonable belief that a crime was taking place and that you were the person committing the crime. In practical terms, in order for an officer to stop you for DUI he or she must have observed you committing a traffic violation.
One common reason for which an officer may stop a vehicle that is not valid is profiling. Sometimes, an officer will run license plates to check whether or not the vehicle owner has a history of violations. While this may seem acceptable to the layperson, it does not rise to the level required to establish probable cause. A history of violations in and of itself is not enough for the officer to stop you without anything further.
Also, it is possible for officers to make a mistake about which vehicle committed the violation which was the basis for initiating the stop. For example, if there are similar looking vehicles and the road is busy, an officer may become confused about which vehicle was actually speeding. If there was no offense underlying the stop, then the resulting DUI charges may be set aside.
Proving that the arresting officer made an illegal stop leading to your charges can be very difficult. Judges generally rely on the officer’s discretion. This is why it is important to hire an attorney to help you fight to protect your rights. An attorney can help you present a successful argument that the stop was illegal if that is the case. If you have been charged with a DUI in Arizona, where the laws are especially tough, its important to hire a seasoned professional who can protect your rights. DUI attorneys in Phoenix will know what you are facing. DUI attorneys in Arizona are able to navigate the laws and represent you during this difficult process.
The possible implications of a DUI charge can be very serious, even for first-time offenders. These implications are both social and legal in nature and can affect the everyday lives of those who have been convicted of this crime. That is why, if you are facing a DUI charge, it is important that you are well-prepared to deal with what’s going to happen next so you can obtain the most favorable result of the case for you.
Collect all pertinent documents that may serve as concrete evidence to back your case. Examples of these are those documents handed to you by the police officer at the time of your release. You could study these documents for irregularities and discrepancies that may weaken the state’s case against you. You should also keep credit card documents, cell phone records, restaurant receipts, and the like because they can become useful in proving inconsistencies in the blood-alcohol-level tests. Your driving record at the DMV is also necessary for your DUI attorney to be able to study your history.
Write Down Everything
Write down everything you remember about the arrest. Unlike the police, ordinary citizens were not trained to take note of all the details of everything that took place before, during, and immediately after the arrest. If you have been charged with a DUI take time to write down everything you can remember, including everything that friends, family, and other witness can remember about the incident. Some details may seem unimportant, but lawyers and policemen know that these little details may very well be the basis for your guilt or innocence. Therefore, if you don’t want to forget anything months into the trial, it is best to put them down to writing now.
Apply For A Hearing
Apply for a hearing. It depends on the state but for example Colorado is one of those states that impose the administrative suspension of the driver’s license when charged with DUI. There are different rules for filing for the hearing before the DMV and these rules are based upon the blood-alcohol-content test that you undertook. If you had a breathalyzer test and were issued an Affidavit and Notice of Revocation, you have seven days to file a written request for a hearing. If you took the blood test, the DMV may lengthen the period it takes for you to make a request. The request must be filed in clear and concrete writing and must be submitted to the Department of Revenue.
Request to have the arresting officer and/or the investigating officer invited to the hearing. It is only with their presence before a neutral body of administrators that the arresting officer and/or the investigating officer may be objectively cross-examined and questioned. If the DMV subpoenas them but they do not show up to the hearing, there is a good chance that your DUI charges will be dropped.
Hire A DUI Attorney
It cannot be emphasized enough that what you need the most is a good DUI lawyer. The moment you are taken into custody by the police, you will need the assistance of a lawyer who can speak for you when investigating officers try to talk you into speaking. A good DUI lawyer also knows how to negotiate with the state prosecutor to have the charges against you dismissed or to bargain for a lesser offense and, thus, slighter penalties.
Learn the basics of DUI Law
No one can argue the indispensability of a brilliant lawyer who can aptly represent you in court, but all you can really rely on is yourself. You should educate yourself about the DUI laws in your state so that you do not waste time making your attorney explaining every little thing to you. A good client is someone who is empowered to make his own decisions regarding the direction of the case because he is fully aware of the consequences of any action that he is going to take.
Do Not Rely 100% On Field Sobriety Tests
During arrest, the police officer may ask you to perform some roadside physical tests supposedly to test your level of impairment due to alcohol intoxication. However, field sobriety tests are not very reliable, especially because they rely largely on the judgment of the arresting officer. And since the police officer only needs to have probable cause to believe that you are intoxicated, even a perfectly normal performance of the tests can be portrayed to show that you were definitely impaired.
Under the law, you have every right to refuse to undergo testing. However, statutes command the suspension of any driver’s license if he refuses to take tests to determine his blood-alcohol-content during a DUI arrest. If you absolutely must undergo a test, then it should be the blood sample test, which is the most accurate of all tests. Unfortunately, not all officers will inform you that, since blood sampling is very expensive compared to a cheap breathalyzer test or a no-charges field sobriety test. Having your blood tested for accurate alcohol content is a right that you should fight for.
Vernon Ready is a Denver criminal defense lawyer and defends people from a wide variety of criminal charges such as DUI, Felony and Misdemeanor charges. As a Colorado Criminal Defense Attorney he believes that if you have been arrested, or are suspected of committing a crime, you have constitutional rights and protections that could be lost if you do nothing about them. So if you live in the Denver Metro area and are in need of a good criminal attorney then visit Vernon’s website at: TheDefenseIsReady.com
Note: This article is for information only and cannot be considered legal advice. The information contained in this article is generalized for a wide audience, and cannot replace the advice of an attorney based on the specific facts of your case.
If you have been pulled over and charged with a driving under the influence infraction, understanding what your DUI Defenses are is very important. If you have never been in trouble with the law or stopped for this problem, there are some ways to lessen your punishment.
Each state has different laws and guidelines when it comes to driving under the influence. Some have less harsh penalties for those who are first time offenders. The first thing you should do is find an attorney who has experience in dealing with these types of cases in your state and even in your county. The counties can also have their own laws that differ from what the state will set. They can be harsher than just the state depending on what has gone on in that county. There are so many penalties that you could receive from jail time, fines, and losing your licenses. Losing your license is one of the most feared because this not only affects you but the people around you. You cannot drive to work or pick up your children. This can cause more ripple effects in your life than just the DUI can.
The attorney you hire should have experience in defending these cases. They can explain to you what you need to know before going to court and how to handle yourself in the proceedings. They can sometimes fight for lesser punishments and shortened jail time or no jail time.
Depending on your offense you can sometimes get away with paying fines and probation. If you should be stopped again while on this probation you can have some more serious punishments handed down. The best defense you can have is having an experienced attorney and office that knows how the laws in your state and county work and how to work with the judges in the case. They can consult with you and prepare you for what you will face when walking in the courtroom.
Be aware that if you are convicted this cannot only affect your current employment but future employment as well. People are turned down for jobs because this shows up on your background checks and records. Should you have a few drinks you must be responsible. You can have a designated driver and prevent the possibility of a DUI. Talk with your DUI attorney and find out all you need to know before going to court. They can help you to defend yourself and get the least amount of punishment possible. The best way to defend yourself is to prevent it from happening in the first place. Never drive when you have had any type of drink, no matter how many you have consumed. Always be on the safer side when it comes to drinking and driving.
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