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The latest in DUI Defense READ MORE
Jan
24

Tips After Your First DUI Charge

by DUI Defense

Though few state courts are exactly alike, how the officer acts during a drinking and driving arrest is made, how courts punish you for drinking and driving, and how you can rebuild your life are relatively similar. A drinking and driving offense can be called a DUI, DWI, or OWI, meaning that you are driving under the influence, driving while intoxicated, or operating while intoxicated. In most cases, these laws mean the same thing. If you just got pulled over for a DUI charge, and you’re unsure of what’s next, this guide is for you. While it does not promise to save you from doing jail time, facing large fines, or license suspensions, it can help.

-What to Expect From the Officer
The police officer who pulls you over is just doing his or her job. Crying, yelling, getting physical, saying too much, being verbally abusive – they never work and can be used against you. The officer can pull you over after suspecting you’ve been drinking. If you’re swerving in and out of lanes, run a stop sign, fail to signal while turning across multiple lanes, even if you’re just speeding – these will get you pulled over for simply breaking the law, and if you happen to be drinking it’s even worse. You can expect the officer to ask you some questions. If he or she believes you’ve been drinking, your BAC (blood alcohol content) will be tested. If you fail this test, or if the officer has definite suspicion you’ve been drinking and driving, you can be arrested and charged.

-What to Expect in Court
You need a DUI attorney the moment you get arrested. Do not say anything else you get a lawyer, but allow for tests to be made if needed. Your attorney will represent you in court, do most of the talking, advise you on how to plead, and perhaps get you a lesser charge. The judge in a DUI case is hard to please: judges see cases like yours on a daily basis. That means you need to prove to them what you think happened. If you admit immediately, or if you decide to fight the charges, you need to consult with your attorney. Make no decisions on your own.

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For More Information Visit: http://www.duilawdefense.com
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Jan
24

DUI Court Process

by DUI Defense

Your first time in Court is called an Arraignment. Your next court date is called a Pre-Trial or Status Conference. You may also have court dates for Motions or Trial. This is your first time in Court and it’s where you are formally told about the charges against you. In the case of DUI, you may already know what the charge is before you even enter the Courtroom. However, there can be additional charges that you were unaware of like infractions for bad driving or additional criminal charges the prosecution filed after your arrest for DUI. Depending on Jurisdiction, you will either be mailed a Hearing Notice or you will have to look on your citation (about 1/3 from the bottom) where it says Mandatory Court Appearance for your court date and time. Arrive a few minutes early. Most courts will have a computer printout of all the people scheduled for court that day, called a docket. These printouts are generally in plain sight near the courtrooms. Next to your name will be a courtroom number. That’s where you need to go. If you get confused or can’t find your courtroom, ask at the Court Clerk’s office – they are generally very helpful. Once you get to the right courtroom, be prepared to wait. Most Courts will have either a video or a paper that explains your rights at arraignment. If it’s a paper, they will want you to sign your name – saying that you understand your rights. Eventually, you will be called up in front of the Judge. Don’t Panic. This is not your time to explain what happened – there will be ample time for that later. All the Judge wants to know at Arraignment is whether you understand the charge(s) against you and whether you want to plead Guilty or Not Guilty. That’s it.

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

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Jan
23

How to Find DUI Checkpoints

by DUI Defense

There are two simple ways to find out where police and other officers make their scheduled check ups: First, by using media and second, by using your own skills. Knowing how to use today’s technology in your advantage can help drivers increase their awareness regarding DUI Checkpoints. Nowadays, it is easier to find it because of the advancements and accessibility of technology. Tri-media, which include television, radio and print, can be useful when it comes to getting second hand information straight from source. The internet is also a reliable and an easy replacement tool to get information which is also offered by the tri-media communication. Drivers must be well aware of all the traffic advisories and news by tuning in to television. News programs often announce the location of DUI checkpoints in order to provide convenience to the police and the community as well. Another useful medium is the print media, most especially the newspaper. Some authorities announce updates through newspapers because it is the easiest and the most effective way of communication as it reaches a lot of people, even in the earliest time in the morning. The last in the trio is the radio which can be considered as a friend of many drivers. Announcements that are made using the radio programs will be easily pick up by its target audience that is why tuning in for possible advisories is a must. The new media, which is the internet, is the last resort of getting information through technology. There are websites that provide information regarding the schedules and locations of DUI checkpoints.

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

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Jan
23

DUI Classes

by DUI Defense

DUI Classes are different from state to state. The counselor will go over the negative aspects of alcohol and drugs. In California the dui classes are around 2 hours once a day each week. If all programs are the same, then it alternates from one two hour group meeting the first week, and a 15 minute face to face meeting the second week, and so on. You also get to watch movies that are related to drugs, alcohol, and drinking and driving. The cost for DUI classes is about $1,400 for a second offense dui, and slightly lower for a for a first offense. You are able to make these in payments as you go along in the program. Because you are forced to enroll, you don’t really have much choice in avoiding this fee. The business that runs the DUI Classes will be the ones collecting the money from you. The DUI classes can be somewhat strict. If you miss three classes in a row, you will be terminated from the program and lose all the money you paid them. You are allowed to miss a certain number of classes before you are terminated. It is around 10 total classes. If you miss more than the number of days, you will be terminated and also lose all the money you paid the place.

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

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Jan
23

Driving After a DUI

by DUI Defense

The DMV will suspend your license within ten days of your DUI arrest if there is evidence that your BAC is over a .08, or if you refuse to submit to a lawful test of your blood, breath, or urine. This guide will detail how a DUI attorney can help you get your hardship license back in both scenarios. While you continue to drive, the DUI Attorney will prepare for your administrative hearing. During that time, the DUI lawyer will obtain the police reports, affidavits, breath test inspection and maintenance logs, and all the stuff necessary to prepare for the formal review hearing. If your Florida DUI attorney can successfully argue that the police lacked probable cause for to arrest for DUI, or that the Officer did not substantially comply with the rules regulating the blood, breath, or urine test, then the administrative suspension will be set aside, and your full driving privileges will be restored. However, if the suspension is sustained, the hardship license will be taken away, and a period of “hard” suspension will begin. A “hard” suspension is a period of time during your regular license suspension when, no matter what your DUI Attorney says or does, no hardship license will be issued. You cannot drive (legally), period.

Full Article

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

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Jan
20

Tips After Your First DUI Charge

by DUI Defense

Though few state courts are exactly alike, how the officer acts during a drinking and driving arrest is made, how courts punish you for drinking and driving, and how you can rebuild your life are relatively similar. A drinking and driving offense can be called a DUI, DWI, or OWI, meaning that you are driving under the influence, driving while intoxicated, or operating while intoxicated. In most cases, these laws mean the same thing. If you just got pulled over for a DUI charge, and you’re unsure of what’s next, this guide is for you. While it does not promise to save you from doing jail time, facing large fines, or license suspensions, it can help.

-What to Expect From the Officer
The police officer who pulls you over is just doing his or her job. Crying, yelling, getting physical, saying too much, being verbally abusive – they never work and can be used against you. The officer can pull you over after suspecting you’ve been drinking. If you’re swerving in and out of lanes, run a stop sign, fail to signal while turning across multiple lanes, even if you’re just speeding – these will get you pulled over for simply breaking the law, and if you happen to be drinking it’s even worse. You can expect the officer to ask you some questions. If he or she believes you’ve been drinking, your BAC (blood alcohol content) will be tested. If you fail this test, or if the officer has definite suspicion you’ve been drinking and driving, you can be arrested and charged.

-What to Expect in Court
You need a DUI attorney the moment you get arrested. Do not say anything else you get a lawyer, but allow for tests to be made if needed. Your attorney will represent you in court, do most of the talking, advise you on how to plead, and perhaps get you a lesser charge. The judge in a DUI case is hard to please: judges see cases like yours on a daily basis. That means you need to prove to them what you think happened. If you admit immediately, or if you decide to fight the charges, you need to consult with your attorney. Make no decisions on your own.

Full Article

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

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

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Jan
20

Driving After a DUI

by DUI Defense

While the array of penalties one suffers from a DUI arrest is overwhelming, the first penalty the accused often suffers, often as quickly as ten days after the initial arrest for DUI, is the loss of the ability to drive due to a suspended license. The DMV will suspend your license within ten days of your DUI arrest if there is evidence that your BAC is over a .08, or if you refuse to submit to a lawful test of your blood, breath, or urine. This guide will detail how a DUI attorney can help you get your hardship license back in both scenarios. How a DUI Lawyer can help you get your hardship license if your BAC was over a.08. Your DUI Lawyer can request a formal review of the suspension on your behalf, provided you hire him with within ten days of your arrest. When the DUI lawyer requests that hearing, he can obtain on your behalf a hardship permit that lets you continue to drive pending the outcome of your hearing. This is the first opportunity to get a hardship license, and it will be good for additional days.

While you continue to drive, the DUI Attorney will prepare for your administrative hearing. During that time, the DUI lawyer will obtain the police reports, affidavits, breath test inspection and maintenance logs, and all the stuff necessary to prepare for the formal review hearing. If your Florida DUI attorney can successfully argue that the police lacked probable cause for to arrest for DUI, or that the Officer did not substantially comply with the rules regulating the blood, breath, or urine test, then the administrative suspension will be set aside, and your full driving privileges will be restored. However, if the suspension is sustained, the hardship license will be taken away, and a period of “hard” suspension will begin. A “hard” suspension is a period of time during your regular license suspension when, no matter what your DUI Attorney says or does, no hardship license will be issued. You cannot drive (legally), period.

Full Article

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

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Jan
20

DUI Laws

by DUI Defense

Sure, you know that you will go to court as a result of your DUI conviction. You know that you are going to face fees, fines, community service, and possibly jail time. But what are the other consequences of being convicted of a DUI? Are you ever truly going to be over this conviction, or will it haunt you for the rest of your life? One of the most immediate consequences you will face after you DUI conviction and court case involves your car insurance provider. While you will likely lose your license for a period of time, when you are ready to get it back you will need to have proof of at least liability coverage before the courts will grant you the right to drive. Most of the major car insurance providers will not offer car insurance to those who have been convicted of driving drunk. So what can you do to get your license back? You will have to search for a high-risk car insurance carrier. If your current provider will keep you, you will be charged as a high-risk driver. Either way, you will pay more for your car insurance.

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

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Jan
20

DUI and Record

by DUI Defense

Getting a DUI is an excruciating experience. It is a criminal offense in all 50 states in the US. Many consequences resulting from a DUI can make it intolerable. It continues to affect your life in the long run. Your criminal record plays a major role in this. In this article we will examine how a DUI affects your record through a DUI process. Getting arrested for a DUI: Once you get arrested for a DUI, you will be involved in two processes.

1. Administrative license suspension process
2. Criminal process

-Administrative license suspension process:
Immediately after a DUI arrest, your driver’s license gets suspended. This happens even before you go to court. In order to get your license back, you must request a DMV administrative hearing within a short period of time after your arrest. This is different from your court hearing. This hearing is held to determine your driver’s license suspension.

-Criminal process:
The criminal process involves around fines, penalties, sentencing and probation. After your DMV hearing you are required to attend the court hearings such as arraignment or preliminary hearing, pre-trial conference, suppression hearing, trial and sentencing. There are three types of DUI charges one can be charged with such as misdemeanor, felony and vehicular manslaughter. Misdemeanor charges are a crime less than a felony. Those charged with this offense could serve a year in a county jail along with fines. A felony is charged when someone is injured due to DUI. This offense could land the offender in the state prison for more than a year and must pay fines. A vehicular manslaughter is a felony charge involving death due to DUI. This offense lands offender in state prison.

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

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Jan
19

DUI vs DWI

by DUI Defense

If you are arrested for drunk driving, there are a few things that you need to understand about your case. People can commonly confuse DUI and DWI but there is a definite difference between the two of them. If you are involved in a case such as this, you should consider contacting your Austin Jail Release Lawyers as soon as possible so they can begin working on your case immediately. Both DUI and DWI are acronyms for other sets of words which are driving while intoxicated and driving under the influence. DWI or driving while intoxicated is the more severe of the two types of charges that you could receive. A DWI means that you are above the legal intoxication limit. This means that when the police pull you over, they will most likely give you some type of breathalyzer test in order to measure your BAC. BAC or Blood Alcohol Concentration is the amount of blood to alcohol you have in your system at the moment that you take the test. The legal BAC is .08%. If you are above this BAC then you are considered legally drunk and will be arrested if you are pulled over and tested. If you are arrested for a DWI, your license is automatically suspended because you are driving while over the legal limit. Once you are taken in to jail and booked, you will have a bail hearing to determine what the amount of your bail will be. If you haven’t had any prior criminal history, then they could possibly let you off with a lower bail or on your word that you will come back to appear in court. If you have had a prior criminal background or are considered a flight risk then they will probably give you a higher sentence depending on the situation and circumstances. They will also assign you a trial date that you will be required to appear.

Full Article

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

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