by DUI Defense
Laws are strict these days when it comes to drinking and driving, so it’s always good to find yourself a DUI Lawyer can be proud of. They are your primary drunk driving defense and may be the only person keeping you from that license suspension. Many people who frequent night clubs and who’ve been given a DUI feel they did nothing wrong to initiate being pulled over. That’s why you need someone who can provide you with a proper DUI defense. You may not know this, but even if you aren’t legally drunk, an officer can simply say that you were incapable of operating your car properly. All they need is probable cause to pull you over and give you a field sobriety test. It may be that you weren’t doing anything wrong at all. Perhaps you had a few drinks and pulled out perfectly into the intersection. An officer lying in wait could say that you were swerving or didn’t use your turn signal. How would you like it if an officer found a crack in your tail light and pulled you over on that pretense? A good Lawyer will be your criminal defense against dubious accusations.
The cost of a DUI can be tremendous. A good DUI Lawyer will be a big help in reducing fines and may even help cleanup your criminal record. Aside from the embarrassment of taking your field sobriety test while other cars pass you by, you can face many harsh penalties. Jail, fines, license suspension, required ignition locking devices and attendance at alcohol educational programs are just a few of the many things you might face when smacked with a DUI. Do you want to do community service on the side of the expressway picking up garbage while cars roar past? Do you want give your insurance company a reason to raise your rates? Find yourself a good Lawyer lists as a top defender and lessen your pain and agony.
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Tags: attorney, car, defense, drive, driving, drunk, DUI, law, lawyer
Posted in Driving Under the Influence
by DUI Defense
If you find yourself arrested and charged with a DUI, you may wonder if there is anyway to get out of it. It can happen, but there are a few things you should know. Driving under the influence can carry some rather significant penalties, including jail time, steep fines, and losing your driving privileges. If you’re trying to avoid these penalties, then keep reading.
-Discredit the Evidence
This is the fastest way to get a case thrown out of court. Police officers do make mistakes and a good attorney can capitalize on these mistakes. It may be something as minor as not waiting long enough before giving you a breath test or you having something in your mouth during the test. It could also be something as major as a police office that didn’t have probable cause to stop you. Discrediting the evidence against you in a DUI case is the fastest way to get your case dismissed.
-Get a Good Attorney
Now is not the time to try to defend yourself in court. Shell out the cash for a great attorney. Don’t skimp by hiring a cheap one that just got out of law school. An experienced DUI attorney will know how to discredit the evidence, look for flaws in the prosecutor’s case against you, and will be familiar with the local courts, staff, and judges. They also will know how to help you keep your driver’s license. There’s only a short amount of time in which to file the paperwork with the state’s license bureau and if you miss this filing date, you’re not going to be driving for awhile.
-Don’t Miss Court
If you miss a court date, you’re going to be in a lot of trouble. Not only will the original case still be there, you’re going to face additional fines and penalties for failing to appear. If you’re trying to beat a DUI, missing court is one of the fastest to ways to ensure it never happens.
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Tags: attorney, car, defense, drive, driving, drunk, DUI, law, lawyer
Posted in Driving Under the Influence
by DUI Defense
If you have been out drinking and decide to get behind the wheel and you have had one too many drinks you are definitely at risk for getting pulled over and arrested for DUI. The case against someone who eventually gets arrested for DUI actually starts before the police officer pulls the suspect over. If the officer has either been informed of a potential drunk driver or is following someone he or she suspects has been drinking, the officer will start videotaping and observing your driving habits before initiating a DUI stop. When the officer finally pulls you over he is going to approach the car and ask the obvious question of whether you have been drinking. The officer is continuing to establish his probable cause at this point. Most people who have been drinking will undoubtedly give an answer such as “I’ve had a couple of drinks” or something to that effect.
The officer already suspected you of driving under the influence before he pulled you over. Once you tell him that you’ve had a couple of drinks, that is all he needs to hear in order to finalized establishing his probable cause to subject you to some field sobriety tests and an initial breathalyzer test. One thing that most people are not aware of is that the field sobriety tests that an officer subjects a person to are completely voluntary, but the officer is not going to tell you this. As far as the preliminary breathalyzer test or PBT for short, this is a mandatory test. When a person refuses to submit to this test it is viewed as an admission of guilt, because if a person had not been drinking, they would really have no reason to refuse the preliminary breathalyzer test. In most states if a person refuses to submit to a breath test their drivers license is immediately suspend or revoked and that person is no longer eligible for a restricted drivers license if they are found guilty of DUI.
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Tags: attorney, car, defense, drive, driving, drunk, DUI, law, lawyer
Posted in Driving Under the Influence
by DUI Defense
Driving Under the Influence (DUI) Checkpoints have a checkered past in the United States. Some states outlaw them completely, others have statutory limitations, and others have statutes which are relatively mute on the subject. In a DUI checkpoint is essentially a roadblock. The roadway will be blocked off with police cruisers and a thin line each way will be allowed to pass through. Cars are stopped based on a mathematical formula, rather than appearance of the driver or car. Once a car is selected, they will be asked for their license and registration. If the driver appears nervous, is fumbling, or smells like alcohol or drugs, they may be asked to go to a secondary inspection station.
The most important thing to remember, for both driver and passengers, is to remain calm. It is a good idea to have your license and registration easily accessible, so your nerves do not make you out to look like a drunk driver. Just a little adrenaline can make pulling your wallet out of your back pocket and your license out of the plastic screen to be a difficult endeavor. All passengers should remain quiet, and should not volunteer any information. Of course, open containers should always be avoided, and if found during a DUI checkpoint will immediately flag suspicion in the officer. The officers will be looking for slurred speech, glassy eyes, the smell of drugs or alcohol, fumbling, or other drunken behaviors. Generally, a driver who quickly presents his license and registration with no smells or strange behaviors will have a brief encounter with Arizona’s police force.
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Tags: attorney, car, defense, drive, driving, drunk, DUI, law, lawyer
Posted in Driving Under the Influence
by DUI Defense
If you’ve been convicted of driving under the influence of alcohol or another controlled substance, it may be possible to obtain a pardon for DUI. The purpose of a pardon is to restore all rights and privileges that were lost as a result of a felony conviction, though it will not automatically restore any certificate or license that was lost as a result of the conviction. If your driver’s license was permanently revoked as a result of a DUI conviction, for example, you’ll have to reapply for a license upon receiving a pardon.
Application Process
The type of application you will need to use to obtain a pardon depends on the laws of your jurisdiction. Some factors that may affect your ability to obtain a pardon for DUI include whether the conviction was a misdemeanor or felony conviction, and whether you can provide evidence to the court of your rehabilitation. That is, you must show the court that you are not likely to commit the offense again. This can be far more difficult if you’ve had multiple DUI convictions.
Felony Cases
In general, a pardon is reserved for felony cases. If your DUI conviction resulted in serious damage to life or property, seeking an executive pardon directly from the governor of the state where you served your sentence may be necessary. There are two routes for obtaining a pardon for DUI. These are a Certificate of Rehabilitation, or a direct pardon application.
Evidence of Rehabilitation
In most jurisdictions, people with felony convictions who have shown evidence of significant rehabilitation can go before the court to request this certificate. If the trial court (usually a state superior court) issues the certificate, it will recommend that the governor pardon the offense. Ultimately, the decision rests with the governor.
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Tags: attorney, car, defense, drive, driving, drunk, DUI, law, lawyer
Posted in Driving Under the Influence
by DUI Defense
How the DUI conviction affects your driving privileges will depend on what state you were arrested in. Some states will invalidate the license the moment you’re arrested. Some states allow you to fight the charge before suspending it; you’re generally allowed one month before this occurs. If you don’t request a hearing within this time frame, your driver’s license will be suspended. This consequence is called the Administrative License Revocation or Suspension. They generally occur because you were caught with a blood alcohol that was higher than the legal limit; they are also separate from your DUI court case. Keep in mind that should you refuse to take the chemical tests (blood, breath and/or urine) at the time of your arrest, the state has the right to suspend your license automatically. If you’re required to take this test, it’s in your best driving interest to do so. Even if you don’t reside in the state you are arrested, your license can still be revoked in your state.
If you don’t want to lose your privilege to drive, then it’s in your best interest to hire an experienced DUI lawyer. He/she can help you fight the DMV to keep your license as well as your court case. Remember that the DMV case is entirely different from the DUI case but regardless of what the DMV case outcome is, your DUI case can affect it and your privilege to drive. It’s highly recommended that you challenge your suspension. The worst-case scenario is that you are found guilty of the DUI charge and receive the suspension anyway. Now you can have a restricted license that allows you to drive to a disclosed location (usually work and school) but you will need to make the request at the DMV hearing. You can do this on your own but your DUI attorney would be better equipped and knowledgeable about these matters.
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Tags: attorney, car, defense, drive, driving, drunk, DUI, law, lawyer
Posted in Driving Under the Influence
by DUI Defense
Sometimes bad things happen to good people. Maybe you made a poor decision to drink and drive and were arrested for DUI; but maybe it was a bad arrest and you were guilty of nothing more than being at the wrong place at the wrong time. Before even getting to the point of contacting a lawyer, there are some things you should do after being stopped on suspicion of DUI. First of all, it’s important to determine whether law enforcement officials actually witnessed behavior that led them to believe the accused was driving under the influence. Did police officers see the driver swerving or observe other signs of intoxication? Was the stop made at a DUI checkpoint? Did the accused cause an accident? Obtaining this information is vital since if the officer’s performed an arrest without just cause, it may be possible to have the evidence suppressed and the charges dropped. Some signs that are commonly used by the police to determine if a suspect has been drinking are:
-Turning with a wide radius
-Straddling the center of a lane marker
-”Appearing to be drunk”
-Weaving
-Speed more that 10 mph below the speed limit
-Stopping without reason in the traffic lane
-Braking erratically
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Tags: attorney, car, defense, drive, driving, drunk, DUI, law, lawyer
Posted in Driving Under the Influence
by DUI Defense
When you are given a citation for a first offense DUI in many states, the penalties for the offense can range greatly based on a number of factors that may influence the judge in charge of your case. Multiple DUI citations are much stricter and more severe. The main factor that influences the penalties for a DUI is the accused’s Blood Alcohol Content or BAC. The potential penalties for a first offense DUI are increasingly extreme depending on which tier your BAC fell into. First offense DUI penalties typically fall into three categories. These categories and their accompanying penalties are:
BAC .08-.10
-A fine ranging from $100-$300
-10-60 hours of community service
-And/or imprisonment for up to one year
-License suspension for 30-180 days
-Required attendance at a course on driving while intoxicated
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Tags: attorney, car, defense, drive, driving, drunk, DUI, law, lawyer
Posted in Driving Under the Influence
by DUI Defense
We’ve all heard the mantra “friends don’t let friends drive drunk.” Truer words could not be spoken. It is a true friend who recognizes that their friend is not in a state where they can safely operate a car, and that it would be in their best interests if they took a cab or found another way home. But how to intervene is sometimes a tricky question. Everyone reacts differently when they’ve had a bit too much, and you don’t want to end up offending someone unnecessarily. But you’ve got to do something to avoid a possible accident. Here are some tips and ideas for how to get those keys away from your friend.
- Make a joke about it and laugh. Keep it light, but get the keys.
- Avoid a confrontation. You don’t want to embarrass the person, especially men who often don’t want to appear to be vulnerable to alcohol. But still be firm.
- Take the keys from them while they’re not looking.
- Offer to be the designated driver for the whole group. Not singling them out, but making them part of the group could be an easy way for them to get on board with the idea.
- Bring it up at the beginning of the night. Make plans as a group how you’re going to get home safely at the end of the night and then make sure it happens that way.
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Tags: attorney, car, defense, drive, driving, drunk, DUI, law, lawyer
Posted in Driving Under the Influence
by DUI Defense
Have you been arrested for a DUI? Do you know what it can lead to for you? There are many DUI consequences that can literally flip your world upside down. You could lose your license, have to hire an attorney, go to jail, be put on probation, or a number of other things. Plus they can become very expensive with all the fees and raised insurance rates. Here is how to avoid those DUI consequences. If you were pulled over for and given a field sobriety test you need to know that it is very rarely accurate. Only around 40% of those average humans can pass this test sober. Plus if there is any wind or any outside effects it could explain your poor balance or bad driving. Nerves can cause poor balance in a field sobriety test as well. This can help you get out of your DUI. The officer(s) that arrested you could have made a false or inaccurate statement in a police report or at the station. Make sure you review the report and try to remember everything that was said. This could help your lawyer when you tell him that you noticed that something in the report was not right. This can be a good way to attack the officers credibility.
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Tags: attorney, car, defense, drive, driving, drunk, DUI, law, lawyer
Posted in Driving Under the Influence
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