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The latest in DUI Defense READ MORE
May
3

DUI Law

by DUI Defense

Traffic citations are an unsettling experience, and that includes DUI. You should consult a DUI attorney if you need legal advice. Additionally, if you need information on DUI laws in other states, you should seek out specific answers to your questions from resources in those states. What many people don’t realize is that there are two separate cases when dealing with a DUI citation. The first case is the criminal case, which most of you will be familiar with. The criminal case is generally located in the local courthouse in the geographical area where you were pulled over. At the criminal trial, the prosecution will present its evidence, call witnesses, and make its argument about why you are guilty of DUI. The second case, which many people are unaware of until they receive a DUI citation, is the civil administrative case. The local licensing agency will decide whether to suspend your license and for how long. You must request an administrative hearing within a very short period of time in order to be entitled to one. In some instances, your license will already be automatically suspended; in others, your request postpones the suspension until the conclusion of the hearing.

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May
3

DUI

by DUI Defense

At its most basic, a DUI is an acronym for driving under the influence, where as DWI is driving while intoxicated. To put it another way, a DUI the intoxication maybe due to drugs, both legal and illegal, versus a DWI where the intoxication is a result of alcohol only. The real difference really depends upon a state’s legal definition of each.Some states actually consider a DUI a lesser offense compared to DWI. Often the BAC or blood alcohol concentration level of the accused is what will determine if the lesser charge will be issued. Other states don’t even have a DUI charge, just DWI. Minnesota is an example of one of these. In those states that have a zero tolerance stance, there is essentially no difference in the charges of a DUI and a DWI. It comes as a surprise to some that you can be charged with a DUI if you were under a heavy dose of pain killers just as easily as if you were high on illegal drugs. There have been increasing cases of people being charged with a DUI when the intoxication was due to the effects of mixing alcohol and prescription drugs, or just prescription drugs on their own. They may have passed the breathalyzer, but failed the field sobriety test and then arrested on suspicion of DUI. In other words a drug related DUI does not depend upon if illegal drugs, over the counter medication, or prescription drugs were the source for the intoxication.

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May
2

DUI Record

by DUI Defense

Getting a DUI is an excruciating experience. It is a criminal offense in all 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.
Administrative license suspension process and Criminal 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. 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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May
2

DUI

by DUI Defense

Driver’s license restriction is one of the most common punishments for DUI conviction. Statutory chapters that set guidelines for the granting of driver’s licenses generally also provide the circumstances under which they can be revoked. With such statutes in place, license revocations have primarily become a simple state administrative agency matter, occurring automatically upon conviction of a DUI offense. If any chemical tests determine your blood alcohol level is high, your driver’s license will immediately be taken by the officer at the time of your arrest. Since the DMV is considered a civil arena, your due process rights have been determined by the courts not to apply. The officer will issue a temporary license which will allow you to drive while awaiting a hearing date. If the DMV assigns a hearing date after days, which they commonly have to do because they are overbooked, you should receive a written extension so you can continue to drive until the hearing, even after your Temporary license has expired.

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May
2

Florida DUI

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 . 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 two hundred and fifty dollars is imposed for a first time conviction on being charged with DUI in the state of Florida. Fines may go up to five hundred dollars based on levels detected during analysis. Fines can be extremely hefty, starting at five hundred dollars and going up to one thousand dollars or more if the person’s blood sample indicates an alcohol level exceeds the limit . DUI laws are increasingly strict and penalties harsher when the accused has been a frequent offender.

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May
2

Consequences of DUI

by DUI Defense

Most road accidents occur due to operation of a vehicle under influence of alcohol in the state of Florida. Authorities and law enforcers have made an effort to try and contain the problem with introduction and enforcement of rigid rules and stiff penalties. With such extreme measures, it is expected that DUI cases may diminish over the years. Under regular circumstances, people caught driving a vehicle with a certain alcohol present in their blood sample, urine or breath, are qualified to be booked under DUI. In certain circumstances, there are drivers who might not oblige and undergo a DUI test. These drivers may be charged with another DUI offense and are liable to be punished by the Florida state law.

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May
1

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.

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May
1

DUI Breathalyzer

by DUI Defense

While drinking and driving is never a good idea, there are just way too many things that can go horribly wrong, people should also know enough information to protect themselves from a false reading during a breathalyzer test. The fact that there are a number of ways that a breathalyzer can be wrong during the testing process shows that the information these machines provide is not always reliable. This information can be used as a way innocent people can protect themselves against false prosecution of drunk driving. Here are a five ways that a breathalyzer can be wrong.Without regular calibration, many breathalyzers lose the ability to give accurate readings. The calibration process is meant to train the breathalyzer’s sensor so that it can detect accurately the amount of alcohol that is sent through the machine. It is important for those administering a breathalyzer test to observe a test subject for twenty or more minutes so that everyone involved that the test results are not thrown off because of any residual alcohol left in the subject’s mouth. The problem with testing a subject too soon is that the machinery assumes that any alcohol found in the breath of the subject comes from the lungs and therefore is a reading of how much alcohol is in the bloodstream. It is possible for a subject to have left over alcohol in their mouth that would give a false reading on a breathalyzer when their blood alcohol rate is not really over the legal limit. One of the more common defense attorney strategies put in use to show the fallibility of a breathalyzer test is to put forth the strategy of retrograde extrapolation. Most breathalyzer tests take place at police headquarters, sometimes more than an hour after the traffic stop. What the theory of retrograde extrapolation attempts to prove is to backtrack from the time of the test to estimate what the true blood alcohol level was at the time of the citation, which would often be less.

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May
1

DUI Penalties

by DUI Defense

The penalties for DUI cases differ from state to state. The penalties that might be sentenced on you largely depend on two things, the type of DUI charged to you and your current criminal record. If you have previous DUI offenses, this can affect the gravity of your sentence. If you have a clean felony record, the following punishments will apply to you. For first time DUI offenders with a BAC high than the required amount, you will be sentenced to a jail time. Your time in jail isused for alcohol consultation, evaluation, and treatment. You will also be fined, excluding jail costs. Your driver’s license will be suspended for 90 days and you might be put under probation for five years. Community service might also be imposed, plus you will be required to have an ignition interlock device for a year. For second time offenders of regular DUI, the penalties are basically are a little higher. The minimum time you are to spend in jail is 30 months. However, the court may suspend two months if you complete the alcohol consultation, evaluation, and treatment. You will be under probation for five years. Community service is mandatory, and you will also be required to have an ignition interlock device for a year after your license has been returned.

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May
1

DUI Charges

by DUI Defense

DUI charges are incurred when a person is caught drunk driving. It is a record that the person has been charged with an offense, but it does not necessarily mean that they were found guilty. If a person is the found guilty, it will be entered into their criminal record and become a public record. The record of a charge is kept by the police, as it will be useful in future investigations. So it is useful, but in itself it proves nothing. So, what leads to DUI charges. To be charged, a person needs to be driving under the influence of alcohol. This means that the individual has consumed a quantity of alcohol considered to be sufficient to impair his or her judgment, and is driving a vehicle. It is important to note that the person’s driving can be perfect, and they can still face this charge. This happens when the police press charges. They can only do this if there is a record of a person’s blood alcohol levels, so other tests do not count.Following a successful conviction for DUI charges, many first time offenders will be required to attend meetings or special classes. In some cases, a breathalyzer may be attached to their car’s ignition to prevent the car from starting when they have consumed alcohol.

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