by DUI Defense
When you are given a citation for a first offense DUI in many states, the penalties for the offense can range greatly based on a number of factors that may influence the judge in charge of your case. Multiple DUI citations are much stricter and more severe. The main factor that influences the penalties for a DUI is the accused’s Blood Alcohol Content or BAC. The potential penalties for a first offense DUI are increasingly extreme depending on which tier your BAC fell into. First offense DUI penalties typically fall into three categories. These categories and their accompanying penalties are, BAC .08-.10, a high fine, ten to sixty hours of community service, imprisonment for up to one year, license suspension for up tp four months and required attendance at a course on driving while intoxicated.
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Tags: attorney, BAC, car, defense, drive, driving, Driving While Intoxicated, drunk, DUI, Jonathan Blecher, law, lawyer
Posted in Driving Under the Influence
by DUI Defense
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 fourth DUI conviction. However, in some states even a second or third 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. 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.
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Tags: attorney, car, defense, drive, driving, Driving Under the Influence of Alcohol, drunk, DUI, law, lawyer
Posted in Driving Under the Influence
by DUI Defense
Contrary to popular belief, when we talk about driving under the influence (DUI) or driving while intoxicated, we are not only referring to driving under alcohol’s influence. Alcohol is not the only drug with the ability to adversely affect one’s driving. Driving can be greatly affected even by the simplest over-the-counter drugs, let alone illegal drugs. One person is injured every minute due to DUI related crashes. One amongst these dies every thirty-two minutes. These people, who are injured or killed, are just like you and me. They are not just numbers, they are people; our very own people. Yet, we underestimate the severity of the consequences of driving under the influence of drugs or alcohol. Driving under influence is in fact America’s most frequently committed violent crime. Perhaps, had those drunk drivers known any better, they wouldn’t have gotten into the car, and passed on those last couple of drinks. Probably the worst part in all this is that drunk driving affects not just the driver himself, but also the innocent pedestrians and other sober, responsible drivers who happen to be on the road at the same time.
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Tags: attorney, car, defense, drive, driving, drunk, DUI, law, lawyer
Posted in Driving Under the Influence
by DUI Defense
Driving under The Influence (DUI) is the act of operating an automobile with impaired senses due to the intake of certain substances such as alcohol, illegal or controlled drugs or substances, etc. Every state has its own standards when it comes to what constitutes DUI and so does insurance providers. Pundits put it this way “after the law has had a go at you for driving under the influence next comes your insurer carrying a bigger stick”. The SR-22 is a form some “DUI convicts” have to fill out to attest to the having insurance coverage and/or a bond (personal and public). Filing an SR-22 depends upon the type of and number of convictions as well as the specific circumstances involving a case. What this means is insurance becomes even more regulated both as to the fact of coverage and even the type of or extent of coverage depending on the seriousness and the number of conviction. Prior to filing the SR-22 an individual cannot take back possession of the plates and/or the automobile in question or use any other automobile without facing the threat of another violation. Most individuals mistake SR-22 as the name or designation of high risk a.k.a. non standard insurance coverage. This is not the case. SR-22 is the form that has to be filled out whereas high risk insurance is the required automobile coverage. Required means either by the court or the type of insurance a particular insurance provider allows for the person convicted of DUI.
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Tags: attorney, car, defense, drive, driving, drunk, DUI, law, lawyer
Posted in Driving Under the Influence
by DUI Defense
Society is becoming more and more aware that drinking and driving isn’t the exclusive concern of chronic alcoholics and the victims of alcohol-related accidents. From DUI checkpoints where everyone is stopped for analysis, to fines and multiple convictions for the repeat offender, this is an issue that affects everyone on the road. No matter what your overall alcohol habits are, drinking and driving is risky business that can land you in jail.DUI stands for “driving under the influence,” usually referring to the influence of alcohol. Driving under the influence of other drugs (legal or not, and in conjunction with alcohol or not) is covered under this umbrella as well. Similar abbreviations include DWI (“driving while intoxicated” or “driving while impaired”), OWI (“operating while intoxicated”) and OMVI (“operating a motor vehicle while intoxicated”). Different cultures view this behavior with varying levels of permissiveness; North Americans as a whole generally disparage drinking and driving. When a person is pulled over for suspicion of driving while intoxicated, the police officer has usually done so after observing erratic driving patterns like swerving, weaving, going too slow or too fast, or failing to observe traffic laws. The officer may conduct field sobriety testing, or he may immediately resort to blood, breath or urine testing to determine blood alcohol level.
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Tags: attorney, car, defense, drive, driving, drunk, DUI, law, lawyer
Posted in Driving Under the Influence
by DUI Defense
Every DUI case comes down to two major pieces of evidence against your client. One is a field sobriety test, and the other is the Breathalyzer test, if your client chose to take it. So as the DUI defense practitioner, you have to be able to defend your client’s performance on the field sobriety test. More importantly, you need to be able to effectively cross-examine the police officers both on the administration of the test and how they grade your client’s performance.An example of an effective cross examination would be to get the officer to admit that he did follow the proper procedure in administering the tests, i.e. he did not follow the Field Sobriety Testing Manual in one or more aspects such as asking the operator if he were injured in any way from the accident that would effect his or her ability to perform the tests. Another effective tool relative to field sobriety tests and cross examination is that the officer has no baseline to assess your clients performance in another words the officer has never seen your client walk, talk, count, balance, or perform any task for that matter so the officer cannot say he failed or passed the tests with any credibility when he does not even know your client. Another point to make on cross is that an accident can be stressful, among other things, and a stressful situation can cause anxiety, nervousness and and lack of attentiveness which can effect ones performance on the field sobriety tests in a negative fashion. Differences in strategy arise between a non-homicide DUI charge and one where vehicular homicide is involved. In your normal drunk driving case, non-motor vehicular homicide, the defense comes down to the field sobriety test, and maybe a Breathalyzer reading. However, in DUI homicide cases, the majority of the clients are taken to the hospital as a result of the accident. There is no Breathalyzer and no field sobriety test, but there is blood work so the big area of defense in motor vehicle or homicide cases most of the time is to exclude the blood results. The major challenge in the DUI homicide case, where obviously someone has been killed, is convincing the jury to get beyond that and look at the facts of the case. Mitigation would come in the form of fault. In some cases the issue of who caused the accident that lead to the homicide is a live issue and if you can show that the victim caused the accident (by their driving) then you may be able to mitigate the harsh feelings toward your clients. In cases where the victims was in the defendant’s car perhaps you can show that the victim had a higher alcohol level than your client and gave the keys to your client so that he or she had to drive. Defending against a blood alcohol reading as opposed to a breath result is more difficult. A blood test is much more reliable than a breath test so it makes it more difficult to defend cases where there is a blood reading as opposed to a breath reading. If you are involved in a motor vehicle case where the government has the blood reading from the hospital you will need to file a motion to suppress the results of the blood tests. Some grounds for such suppression motions would be that the hospital did not receive your clients consent prior to drawing the blood, that your client was incapable of providing consent due to his or her injuries or medication that was given in the course of treatment at the hospital.
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Tags: attorney, car, defense, drive, driving, drunk, DUI, law, lawyer
Posted in Driving Under the Influence
by DUI Defense
One of the main reasons why there continues to be a large number of DUI arrests and DUI related accidents is a lack of proper education. Reading about statistics and knowing about consequences can only go so far. Online drug and alcohol classes improve awareness and reduce DUI’s. By having an interactive online class as opposed to simple statistics and examples, the true impact that a DUI can have on your life and those of others becomes far more apparent. A DUI is not only a legal problem, but can also have serious long term ramifications upon your life and those of others if your careless behavior results in an accident. A car accident caused by someone who is under the influence of drugs and alcohol is even more tragic because the accident could have so easily been avoided. By having people take online drug and alcohol awareness classes you can drive home the point to them that a DUI can be a serious life changing event. When someone is under the influence of drug’s or alcohol their judgement, reflexes, and overall state of mind is affected. Their ability to quickly react to a dangerous situation is limited, as is their ability to make sound judgements while driving. If they are lucky they will be pulled over and face legal ramifications due to a DUI. These ramifications can include jail time, probation, monetary fines, and the loss of their drivers license. Unfortunately not everyone who makes the mistake of drinking or doing drugs and driving is lucky enough to only get into legal trouble. Many car accidents are caused by people under the influence of either drugs or alcohol. In these cases there is a great potential for the driver, passengers, or people in other cars to sustain life changing injuries or even die. This is why it is so important that everyone who drives a car takes an online course about the dangers of doing drugs or drinking alcohol and driving.
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Tags: attorney, car, defense, drive, driving, drunk, DUI, law, lawyer
Posted in Driving Under the Influence
by DUI Defense
Having a DUI conviction on your record will make things harder for you, but not impossible. In fact, if you do some research and find out exactly what your options are, you will be better prepared to make a decision that will provide some light at the end of the proverbial tunnel. Even though the hearing is over, you will still need an attorney to advise you on how to handle things now that you have been found guilty of the DUI charge. It doesn’t end there because so many things can be affected by the conviction. If you are required to do so, you need to make sure you understand the reporting instructions as set by the court. If not, contact your attorney for help. When you are searching for a job, remember that most companies require a valid driver’s license. Without one, you are at a serious disadvantage among the other potential candidates for the same job. Even if you are applying for a job that doesn’t require you to drive, without a driver’s license, you are put at the bottom of the pile. It’s unfortunate that because of one mistake, it has to take such a heavy toll on your future plans. However, if you plan correctly, with the information available, you may be able to take advantage of the help offered to someone in your situation.
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Tags: attorney, car, defense, drive, driving, drunk, DUI, law, lawyer
Posted in Driving Under the Influence
by DUI Defense
Whether you decide to drive after having just a couple of drinks or smoking a small amount of an illegal substance, you’re putting yourself at risk. This doesn’t just mean putting yourself at risk for being hung over the next day. You may end up in far worse shape than this. That’s because some people choose to get high or drunk and then want to get in their cars and drive. When this happens, you may hit someone, crash your car, or maybe do both. On the other hand, sometimes, you’re just swerving or driving erratically enough that the police notice that you must be inebriated or something is the matter. In the end, you may find yourself behind bars and in need of a skilled DUI lawyer in order to clear your name. Drinking and driving never mix, yet so many drivers take this chance every day. What may not seem like a big deal to you can quickly turn into a terrible situation. For example, when you’re arrested for drinking and driving, your entire life becomes at risk because you could find yourself in jail. A good DUI lawyer can assist you in clearing your name. This skilled attorney knows just what to do in order to help you get you out of the trouble you’re in, as well as help protect your future. Making a bad decision doesn’t have to ruin your life. By taking the time to hire a good attorney, you can save yourself a lot of headaches.
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Tags: attorney, car, defense, drive, driving, drunk, DUI, law, lawyer
Posted in Driving Under the Influence
by DUI Defense
A potential DUI conviction in Florida or in any state is at the very end of a long prescribed process. There are many steps and required procedures that must be followed before a DUI arrest can be made, let alone a conviction. Being suspected of or arrested for driving under the influence of alcohol or drugs can be very intimidating, overwhelming, and confusing, which is why it is important to have a basic understanding of how the Florida DUI process works, which all starts when a driver is pulled over. It is true that law enforcement may specifically look for impaired drivers, as in DUI checkpoints, but, most often, a driver is pulled over for a traffic violation, such as speeding, not using the turn signal, or running a red light. In most cases the law enforcement officer won’t suspect the driver of being impaired until they actually observe/speak to them, but it is possible for an officer to suspect a person of DUI based on their pattern of driving. Changing speed erratically, driving excessively slow, or drifting across multiple lanes are all behaviors that stand out to police officers as signs of impairment. A late-night or early morning accident may also raise suspicions of alcohol being involved.
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Tags: attorney, car, defense, drive, driving, drunk, DUI, law, lawyer
Posted in Driving Under the Influence