DUI was in the spotlight last year as some young Hollywood celebrities were arrested, fined and even jailed for drunk driving. Even if DUI is not a major offense, the damages and dangers it could have brought to the driver and to other people on the road is life changing. However, one cannot avoid making a lapse in judgment once in a while. What can DUI penalties should you expect if you’re case is not resolved favorably? Here are a few scenarios. In order to get the full scope of laws and penalties regarding drunk driving read the Driver’s Manual provided by the local Department of Motor Vehicles. DUI penalties vary from state to state and from the graveness of the penalty. For first offenders, expect a license suspension or restriction and a fine. Expect to pay quiet a large sum of money since the fine will cost about hundreds to thousands of dollars. Plus, there is a cost to getting your licensing back. At some states the arresting officer are allowed to retain your license until you pay the imposed fine. First offenders are also order to do forced community service and to attend DUI classes.

DUI penalties for second and repeat offenders are the same. However, the fines and the provisions for the restrictions are much harsher. Offenders may be prohibited from the driving the streets within the territory for a given period of time. The driving license may be restricted or revoked depending on the graveness of the offense. There is also the possibility of a jail sentence. The term will depend on how grave the DUI offense is. Offenders are also required to do community service and to attend DUI classes, albeit for a longer period of time.

Full Article

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

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

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.

Full Article

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

f 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.

Full Article

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

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.

Full Article

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

If you’re facing a charge of driving under the influence of alcohol or another controlled substance, you may be asking a common question? Is DUI a felony? This answer is not so simple, since DUI laws vary from one jurisdiction to another. In general, DUI cases are handled in state superior court, and each state has its own laws that govern DUI. In general though, a first time DUI is a misdemeanor, with a few caveats. First, even a first time DUI will usually be raised to a felony if someone was injured as a result of a drunk driver, or if there are grounds for believing that the driver was negligent or reckless in addition to being impaired by alcohol.

In the case of serious injury, a DUI is often charged as a felony called vehicular assault. If someone is killed a result of the drunk driving episode, the at-fault driver will likely be charged with felony vehicular manslaughter, or in some cases vehicular homicide, which carries a higher sentence if the defendant is convicted. Another way that DUI is raised to a felony instead of a misdemeanor is when a driver has multiple DUI convictions. This varies by state, but DUI is commonly raised to a felony on the 4th DUI conviction. However, in some states even a 2nd or 3rd DUI arrest may be charged as a felony.

In some cases, blood alcohol level may also impact whether DUI is charged as a misdemeanor or a felony. In most states, the legal blood alcohol limit is .08. If blood alcohol level is considerably above the legal limit, the prosecutor may take this into account as evidence of negligence. Presumably someone who is severely impaired as a result of a very high alcohol intake should know that driving in such an impaired state is likely to result in serious harm to others. With all of this information about when DUI becomes a felony, it may be helpful to define exactly what the terms “misdemeanor” and “felony” mean. In general terms, a misdemeanor is a crime punishable by up to one year in county jail. A felony, on the other hand, is punishable by one year or more in state prison.

Full Article

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