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.

Full Article

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

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.

Full Article

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

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.

Full Article

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

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.

Full Article

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