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The latest in DUI Defense READ MORE
Jan
27

DUI Conviction

by DUI Defense

DUI or driving under the influence of alcohol or other intoxicating substances is illegal in the United States. Most states have set a legal BAC limit at 0.08 percent making it illegal to drive at or above that set limit. If a person is caught driving with that BAC level, he can get arrested. Then he can get convicted of DUI if he is found guilty on those charges. The law considers DUI conviction seriously and therefore the punishments can be severe. Even first time offenders are subject to jail time, driver’s license suspension, ignition interlock device and heavy fines. This article informs you about DUI penalties, it’s after effects and remedies available to the convicted. Penalties can be severe depending on the charge and varies from state to state. DUI conviction can be classified into misdemeanor and felony. Normally a DUI is a misdemeanor. A felony offense is charged when a person has several prior DUI convictions, injured another individual, caused property damage, and has high BAC level. A person with a felony charge has to face severe penalties than those with misdemeanor charge. Generally, the penalties for a DUI include, hefty fines, jail time, driver’s license suspension, probation, community service, installing ignition interlock device and in an extreme condition, impoundment of vehicle may occur.

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Jan
26

Defending Against DUI Charges

by DUI Defense

Getting charged with Driving Under the Influence (DUI) is extremely serious business, so defending yourself effectively against these charges is of paramount importance. No one likes the idea of having to hire a lawyer, but in this case doing so just might protect you against serving jail time, losing your job, and other possible consequences. Here are some tips for choosing an attorney.–Opt for a DUI specialist. Hiring your family attorney to represent you in this case is not a good idea. You definitely want to select someone for whom DUI is the focus of their practice. Why? Because the attorney will know how to maneuver effectively through the court system, will be up to date on all the latest laws, and will know how to best protect you. That kind of experience is worth its weight in gold; so never settle for less.–Choose someone with a great record. Not all DUI lawyers are considered equal, either; so do your research carefully. Check the internet, visit different attorneys’ websites, and be sure to check with the bar association for your state to verify every candidate’s status. Too many disreputable lawyers just herd you through the system to expedite your case rather than take the time to thoroughly go over the details and determine a strategy that’s best for you. So make sure you conduct interviews, and then select someone you can trust with your future.

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For More Information Visit: http://www.duilawdefense.com

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Jan
26

DUI Driving Facts

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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Jan
26

DUI Attorney Fees

by DUI Defense

Violating DUI laws in Florida is a serious offense and must be taken really seriously. Penalties and consequences if you are convicted of violating the DUI law could include fines, loss of license, vehicle immobilization, community service, increase of insurance rate, and even imprisonment. Do not take this into passing. It is best to immediately consult with an attorney when you are arrested. You have ten days to make an appeal to prevent your license from being revoked indefinitely or permanently.

Range of fees

Are you reluctant to seek immediate legal help because you are afraid of the exorbitant fees? Do not worry. The fees are sometimes minimal, and just goes up depending on how severe your violation is. There fees range from as low as $500 dollars to thousands in cases of repeat offense.

Charging methods

Lawyers charge their clients differently. Some lawyers charge by the hour. Some will charge an initial fee to cover all the initial legal steps – reviewing the police report and the file from the district attorney and appearing on your first hearing. If, at that stage, charges are dropped against you, then that is where the fees end as well. Additional hearings would mean additional charges. Other attorneys charge a fee to handle your case all the way to trial. If they are able to negotiate and dismiss the case, you pay them for everything, anyway.

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Jan
26

Evaluation Process of a DUI

by DUI Defense

If a person has been repeatedly arrested because of DUIs then most states in the US will carry out an evaluation. An evaluation is done to assess if there is an alcoholic problem in the person. Extraordinary high doses of BAC on a regular basis indicate alcoholism and hence a proper rehabilitation program or DUI program maybe advocated. Here is a brief rundown on the evaluation process carried out.

Questions typically asked

There are certain typical questions asked in an evaluation process in a DUI case. Questions such as if time is lost from work because of drinking, if drinking is resulting in an unhappy family life, or if the trigger for drinking is because of having a shy or reserved nature etc. maybe asked during an evaluation. There may also be other questions asked such as if the reputation of the person is being risked because of drinking, if a drinking session results in a surge of guilt, if drinking is causing financial problems etc. Sometimes, a person may turn to bad company because of drinking. If family duties are being neglected because of drinking or if it is causing a lack of drive or ambition, then these are all telltale signs of an alcoholic problem.

What are DUI programs?

DUI programs are basically meant for habitual DUI offenders. Depending on the concentrations of BAC in the blood and the number of times the person has broken the law, the period of DUI will differ. The DUI programs help people to reduce their offences by addressing the root cause of the alcoholic problem. There are several DUI programs across states in the US. For example, Wet Reckless is a program that includes offenders with large concentrations of BAC and who have been driving recklessly repeatedly. Then there are 18 month DUI programs, which are mainly for second time offenders while 30 month are for people who have offended thrice or more.

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Jan
25

Florida DUI Information

by DUI Defense

DUI or Driving Under Influence laws may have different interpretations for different states. Most rules and regulations are similar save a few exceptions. Usually, drinking and driving is a very severe offence in most states and can attract severe charges if an individual is convicted under DUI. Florida has some strict DUI laws and regulations. DUI refers to destabilized driving ability or driving with a high UBAL (unlawful blood alcohol level). Every person operating a motor vehicle gives an implied consent to take a chemical breath test when suspected of drunk driving by a police officer. There could be blood tests and urine tests carried out for ascertaining level of alcohol in blood and urine. Some specific tests are performed if the person is involved in an accident or if suspected of vehicular homicide. An immediate penalty of $250 is imposed for a first time conviction on being charged with DUI in the state of Florida. Fines may go up to $500 based on levels detected during analysis. DUI laws are increasingly strict and penalties harsher when the accused has been a frequent offender.

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Jan
25

DUI – How Many Drinks Does It Take?

by DUI Defense

One frequently asked question is how many drinks does it take to put someone over the legally admissible blood alcohol content (BAC) for driving. This is a very complicated question as there are many factors that come into play. These can include your body type, weight, sex, the time period over which you imbibed your drinks, etc. Of course, the simplest and most obvious answer to this question is to never ever drink and drive and you won’t have a problem. This article and its author admonishes you to you never drink and drive and always have a designated driver whenever ANY alcohol is being consumed. You will be safer by doing so, and so will those who share the roads with you. If you have been arrested for DUI or a similar charge, you need to find the best DUI lawyer you can find to help defend you.

However, to answer the question, we’ll offer some thoughts here. Remember, this is certainly not an exact science, but there are some rules of thumb that might aid you in determining whether you are likely to be over the limit. In all states, the legal limit is .08 BAC. In general, a 100 lb. person can ingest ONE serving of alcohol (a 12 oz beer, 1oz of 100 proof liquor, etc) before reaching this legal limit. Some will be over the limit with just one, and others will go over the limit (and even over the .1 limit of other states) with only two servings of alcohol.

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For More Information Visit: http://www.duilawdefense.com

For More Information Visit: http://www.duilawdefense.com

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Jan
25

DUI – Are You at Risk?

by DUI Defense

Some groups are more likely that others to be involved in drunk driving and accidents involving alcohol, and drunk driving takes a terrible toll on our nation’s youth and children. While in the end it is the responsibility of each individual to not drink and drive, and while individual people within these groups are often not part of the problem, from a public safety and public policy standpoint, it is good to know the groups most likely to be part of the problem in order to focus prevention efforts. The National Highway Traffic Safety Administration collects data on drunk driving topics and publishes them for public and state/local government use. Following are some of the highlights from a 2003 report.

- Men are nearly twice as likely as women to have a BAC of.10 or higher when there is a fatal vehicle accident.

- DUI/DWI driving will touch the lives of 1 in 3 people during their lifetime.

- NHTSA calculates that alcohol related crashes kill someone every 30 minutes on average, and injure someone every two minutes.

- During 2002, nearly a quarter of all teenage drivers (15-20yrs) who died in car accidents had been drinking alcohol.

- During 2002, 22% of the car accidents where there were children (0-14yrs) who died involved alcohol.

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Jan
24

Difference Between DUI and DWI?

by DUI Defense

The use of two different terms leads many people to wonder, “What is the difference between DUI and DWI?” Are they two different terms referring to the same thing, or are they separate and distinct crimes? The terms both refer to the same crime: operating a vehicle while intoxicated or under the influence of drugs or alcohol. DUI stands for Driving Under the Influence. DWI stands for Driving While Intoxicated or Driving While Impaired. Note that these terms don’t refer simply to driving while drunk – they also cover operating a vehicle after using illegal drugs. However, some states to make a distinction between the severity of the crimes. In some parts of the US a DUI is considered less serious than a DWI – the reasoning being that there is a distinction between being simply “under the influence” and actually being “intoxicated.” It implies a difference in the level of impairment caused by the drugs or alcohol on your coordination and motor skills. Other states treat both DUI and DWI exactly the same way. There is a legal limit for intoxication and anyone caught driving over that limit will be treated in the same way – however, the punishment dealt out by a judge may still be influenced by the level of intoxication.

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Jan
24

DUI Costs

by DUI Defense

Being convicted of driving under the influence is a serious criminal offense. This conviction can come with license suspensions, fines, jail time, increased insurance rates, and societal repercussions. If you have been convicted of a crime you may have to relay this information on job or housing applications, which can hinder your chances of being hired or being approved. Not only are there these related consequences, but there is the overall staggering cost that is often associated with a DUI trial and conviction. By knowing what the costs are you are more likely to avoid risking your wellbeing by getting behind the wheel after drinking. Furthermore, if you do find yourself arrested with a DUI charge you can be better prepared to seek assistance and keep costs down by knowing what to expect.

Costs Commonly Associated with a DUI

There are many expenses that can add up following a DUI conviction. While some are obvious and some are more subtle, prolonged costs, they can all add up to a staggering amount in no time. These common DUI costs include:

-Fines: Often a conviction will require the individual to pay a certain legal fine for the DUI offense; much like a traffic ticket requires a financial punishment.

-Court Costs: DUI cases often involve multiple court visits and court hearings. The court and judge’s fees associated with this can certainly add up.

-DMV Fees: After your license is suspended you have to get it reinstated, which comes with a fee. In many cases you will have to have a provisional license which requires another reinstatement cost once that provisional period is over.

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