by DUI Defense
Alcohol testing is essential in the enforcement of alcohol related crimes like DUI and DWI. Alcohol testing methods have been constantly improving to become more accurate and less invasive. This continual progress of alcohol testing is beneficial for both sides of the law. Here’s a list and brief description of the five most common forms of alcohol tests normally associated with DUIs. A field sobriety test is the most basic and inaccurate form of alcohol testing. Field sobriety testing involves basic tasks that measure balance, coordination and response time. Intoxication can generally be clearly identified when conducting field sobriety tests like the one legged stand and straight like walk. Contrary to popular belief, it is very hard to pass a field sobriety test when inebriated. Field sobriety testing is often used in conjunction with a breathalyzer during suspected DUI traffic stops. A Breathalyzer is a portable device that tests an individual’s blood alcohol content by measuring the amount of alcohol in the lungs. A Breathalyzer is blown into by the suspected and gives law enforcement an immediate result. This result isn’t exact, but is a very accurate estimation. Although Breathalyzer testing is more accurate than field sobriety testing, there is still room for error. Breathalyzers must be property maintained and used by law enforcement for an accurate result. Blood testing is another form of alcohol testing often associated with DUIs. A blood alcohol test involves taking a blood specimen from the accused and testing the blood alcohol level directly. This type of test normally occurs at the processing center, after one fails a field sobriety and breathalyzer test. Blood testing is far more accurate than field sobriety and breathalyzer testing, but it is also more expensive. Because of this, other testing methods are more frequently used.
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Tags: Alcohol Related Crimes, Alcohol Testing, breathalyzer, Driving Under The Influence, DUI, Dui Laws, DUI Lawyer, Dui Misdemeanor, DWI, Field Sobriety Test, Florida DUI, Jonathan Blecher, Miami DUI Lawyer
Posted in Driving Under the Influence
by DUI Defense
Getting arrested on a first offense DUI charge is not something that would even cross your mind when you go out to dinner with your wife, friends or family and decide to have three or four drinks with dinner, but the chances of getting arrested are very real. If you get arrested for a first offense DUI charge, in any state, the amount of information that you have to take in and process is very overwhelming to say the least. If you have just recently been arrested on a first offense DUI charge you need to be aware that there is a limited window of opportunity if you hope to avoid having your driver’s license suspend or revoked. The mistake a lot of first time DUI offenders make is to assume that their case cannot be beat in court or that they do not need to hire a skilled DUI lawyer to represent them in court. A skilled DUI lawyer is going to think about your case in a way that you would not be able to do on your own. The lawyer is also going to have access to evidence in your case that you would not be able to collect on your own. Just because you registered a high blood alcohol level at the police station, you should not assume that you were guilty of driving under the influence and your case cannot be defended in court. One of the first things your lawyer should do is to request the breathalyzer machine calibration and maintenance history from the police station. The reason your lawyer will do this is to review the machine’s history to see if there have been any problems with the machine in the past or if the police department has failed to properly maintain the machine per standards.
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Tags: Driving Under The Influence, DUI, Dui Laws, DUI Lawyer, Dui Misdemeanor, DWI, First DUI Offense, First-Time DUI, Florida DUI, Jonathan Blecher, Miami DUI Lawyer
Posted in Driving Under the Influence
by DUI Defense
If you have been arrested when driving a car under the influence of alcohol or drugs, then you will be charged for DUI. In such cases we deal with criminal offense which requires the help of criminal defense attorneys. Many criminal defense attorneys operate in different states of the U.S. In Florida, for example, you may turn to Florida DUI lawyer, who will handle the case and fight for your rights in the court. But how do you win a DUI case.There are certain tips which can be helpful in this respect.Look for the best DUI attorney. Search them in yellow pages or in the web.
- Every step of your arrest should be challenged. This is the easiest way of winning a DUI case. A plea bargain can be accepted if you can’t win outright.You can attend treatment classes before going to the court.
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Tags: Criminal, Criminal Offense, Driving Under The Influence, Driving Under the Influence of Alcohol, DUI, DUI Arrests, Dui Laws, Dui Misdemeanor, DWI, Florida DUI, Offence
Posted in Driving Under the Influence
by DUI Defense
If you have been charged with a drunk driving offense in Florida, you are probably wondering what you are facing in terms of fines, jail time, and other punishment. Unfortunately for you, drunk driving is nowadays considered to be a very serious offense, even if there is no personal injury or property damage involved. You will be very lucky to walk away from the charge with just a fine, even if it is only your first conviction. If you have already had a conviction, expect jail time for sure. Either way, you will definitely want to hire experienced counsel to minimize the penalties you will face. If you are not going to jail, you will definitely be required to perform a couple of hours of community service. You will also be placed on probation Your car may be impounded for a number of days and your driver’s license will be suspended. If you have already been convicted of drunk driving, expect to go to jail unless your attorney is very good. Prison is no fun, and you will be there for several months. Even first time offenders can be sent to jail depending on the specifics of the offense. The jail time is usually on top of other penalties.
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Tags: Community Service, driver license suspension, Driving Drunk, Drunk Driving, Drunk Driving Offense, DUI Fine, Dui Laws, DUI Offense, Fine, Suspended
Posted in Driving Under the Influence
by DUI Defense
A short time after your arrest for a DUI, you will be asked to attend an arraignment in court in front of a judge. You will be formally charged with a DUI and asked to either plead guilty or not guilty. The court may set your bail amount and appoint a lawyer to represent you. You will either plead guilty or not guilty at the arraignment but you can change your mind later if you think you made a mistake. You will usually be given a jury trial and you can insist on it in almost all states if you are not. If you change your mind about this later, you can request a trial by judge instead. If your’s is a misdemeanor charge, meaning the circumstances of your arrest are not extremely serious and therefore a felony, you may be able to post bail and be released.
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Tags: Driving Under The Influence, Dui Laws, DUI Lawyer, Dui Misdemeanor, DWI, Florida DUI, Jonathan Blecher, Miami DUI Lawyer
Posted in Driving Under the Influence
by DUI Defense
Driving while intoxicated is a criminal offense throughout the United States. Although specific laws and penalties may vary depending on which state the offense was committed in, they are governed by the same principles. It is against the law to drive with a certain blood alcohol content . This means that if the percentage of ethanol found in the blood stream is greater than the BAC level, you are legally intoxicated. This amount can be measured by a breathalyzer device or by an alcohol blood test. Although these tests are beneficial in helping a law enforcement officer see if the driver was inebriated, they are not completely accurate. Depending on the circumstances of the case, there are various different types of DWI offenders may be charged with. If a driver who holds a commercial driver’s license is arrested for DWI, their case will be different. Those who work as bus drivers, commercial truck drivers, and tow truck drivers are all required to hold this type of license. If they were arrested for DWI, even while driving their own passenger vehicle, they could have their means of livelihood taken away. For a whole, their cdl may be suspended, which means for a whole year they will be out of a job or be forced to find another vocation. Not only that, but this is only part of the penalties. They may also be charged with heavy fines and put behind bars.
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Tags: BAC, CDL, Criminal Record, Driving Under The Influence, Driving While Impaired, DUI Law, Dui Laws, Dui Misdemeanor, DWI, Florida DUI, Jonathan Blecher, Serious Offense
Posted in Driving Under the Influence
by DUI Defense
Driving under influence of alcohol or alcohol is a problem that has risen to alarming levels. A drunk driver faces humiliation, fine, probation, loss of license and the possibility of a prison sentence. The law is somewhat lenient to first time offenders. Technically, it call for a jail sentence, but first time DUI offenders usually have this sentence suspended and the driver is put on probation. In simple terms, this means that the offender is subject to community supervision. Probation usually lasts one to two years. The offender must obey the judge’s order or the suspension can be revoked. The offender can then face a prison term. Usually a condition of probation demands that the offender must not violate the law, or drink alcohol. At the same time, it is necessary for the offender to maintain a job. The offender must follow all the regulations laid down for the probation period. This includes reporting to the prison office, usually once a month.
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Tags: Driving Under Influence, Driving Under The Influence, Driving Under the Influence of Alcohol, Dui Laws, Dui Misdemeanor, DWI, Fine, Florida DUI, Humiliation, Jonathan Blecher, Loss of License, Probation
Posted in Driving Under the Influence
by DUI Defense
DUI fatalities are a serious problem in the United States, claiming on thousands of lives each year and resulting in up to almost fifty percent of all auto accident related deaths. While DUI is an important problem, DUI conviction rates vary tremendously based on a variety of factors. The most important of these factors include whether or not a breathalyzer test was performed, and what the outcome was; whether the subject passed a field sobriety test; which judge is assigned to a case; and quality of legal representation. The following is an analysis of how these factors affect DUI conviction rates. It turns out that in almost one out of four cases, a breathalyzer test will yield a result that is significantly higher than a far more accurate blood alcohol test. Because breathalyzer test results are so variable, they can result in the conviction of an innocent person for driving under the influence. This is why some people refuse breathalyzer tests altogether when stopped for suspected DUI. If the field sobriety test does not indicate impairment, but breathalyzer results indicate a blood alcohol level over the legal limit, it’s important to seek the help of a qualified attorney to avoid wrongful conviction. People who fail field sobriety tests face very high DUI conviction rates. Some typical field sobriety tests include standing on one foot for up to thirty seconds; walking heel to toe in a straight line, and a horizontal gaze test, which involves following a pen light with the eyes. In some cases, people with specific illnesses, disabilities, or impairments may fail these tests, even when not under the influence. In addition to a particular judge’s approach to DUI cases, the skill and knowledge of a lawyer are crucially important. A lawyer should know the ins and outs of the different evidentiary rules and procedures, which tests are more likely to yield false results, and other mitigating factors.
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Tags: Auto Accidents, Blood Alcohol Content, Blood Alcohol Test, Breathalyzer Test, Driving Under The Influence, DUI, DUI Cases, DUI Conviction Rates, DUI Convictions, DUI Fatalities, Dui Laws
Posted in Driving Under the Influence
by DUI Defense
DUI is a grave offense in Florida and may be considered as an offense or traffic crime or even felony in some cases. Being arrested under DUI may mean a protracted criminal record, fine, community service, loss of license, vehicle immobilization, higher insurance rates and may even include imprisonment. Blood tests and urine tests may be undertaken for determining the level of alcohol in blood and urine and establishing the offence. Refusal to undergo these tests may result in confiscation of offender’s license for a year. Under regular circumstances, any person caught driving a vehicle with alcohol present in his blood sample, urine or breath, is eligible to be booked as an offender under DUI. At a high blood alcohol count a person may have diminished ability to do two things at a time such as steering and braking. Alcohol gets absorbed into blood and gets carried to the brain. This affects the nerves and slows down reflexes and may result in accidents. Alcohol-related motor vehicle accidents claim a person’s life every few minutes, and non-fatally injure an individual every two minutes. Statistics prove that DUI offenders claimed the lives of over one million people last year as a result of DUI accidents. Florida tends to have the highest numbers of DUI arrests in US.
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Tags: Blood Alcohol Content, Blood Test, Driving Under The Influence, DUI, Dui Laws, Dui Misdemeanor, DWI, Florida DUI, Offense, Protracted Criminal Record
Posted in Driving Under the Influence
by DUI Defense
The terms DUI and DWI are the same in the sense that they both refer to the operation of a motor vehicle while you are impaired whether by illegal substances or alcohol. However to define further the meaning of the acronym, DUI stands for driving under the influence while DWI stands for driving while intoxicated. How to deal with DUI or DWI varies from state to state. In some states, the major difference lies in the level of crime between DUI and DWI where persons facing a DUI have lesser charges. Usually, a DUI charge means the person has a lesser level of intoxication in these states. This level of intoxication is done through a bac test or the blood alcohol concentration test during the event of the arrest. Sometimes, there could be a reduction of the case from a DWI to a DUI with the help of a legal representation. In the event that the DWI is reduced to DUI, some conditions must be met, which include,:the arrest or conviction is an offense, display of acknowledgment of mistake and remorse of the defendant or blood alcohol concentration that is not way above the legal limit.
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Tags: Driving Under The Influence, Driving While Intoxicated, DUI, Dui Laws, DUI Lawyer, Dui Misdemeanor, DWI, Florida DUI, Jonathan Blecher, Miami DUI Lawyer
Posted in Driving Under the Influence
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