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The latest in DUI Defense READ MORE
Feb
18

Driving Under the Influence

by DUI Defense

There are many cases of road accidents where alcohol is the sole reason behind the accident. After witnessing an increase in alcohol related accidents the government of United States has come up with a new law called DUI. Now you may be wondering what is DUI? Well, DUI stands for Driving under Influence. It is one of the most serious driving offenses in the US. A person charge with a DUI may face serious consequences afterwards. If the person is found to have blood alcohol level of above .08 then he/she may be arrested. Also, his/her driving license may get suspended or revoked in case he/she is guilty.Driving under the influence of alcohol is a phenomenon that has been witnessed all over the world. There may be different rules regarding drunken driving in various countries but the punishment remains almost the same in all the countries.

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Feb
3

DRE Protocol Violated Under the Florida Implied Consent Law

by admin

The National Highway Traffic Safety Administration has established a 12 step protocol for the Drug Recognition Expert (DRE). Step one of this protocol is to review the breath test result. Therefore, under the DRE evaluation, a suspected DRUGGED driver must take a breath test to rule out alcohol. The purpose of this step is to determine whether the subject’s apparent impairment is consistent with the subject’s BrAC (Breath Alcohol Concentration).

However, under the Florida Implied Consent Law, the arresting officer’s request for a breath test must be based on “…reasonable cause to believe such person was driving or was in actual physical control of the motor vehicle within this state while under the influence of alcoholic beverages.” This would mean that IF an officer has “reasonable cause” to believe that the driver was under the influence of DRUGS, and NOT ALCOHOL, a breath test can NOT be administered under the Florida Implied Consent Law.

Looking closely at Florida’s DRE protocol and the Implied Consent Law, IF the breath test was NOT voluntary, on what grounds was the breath test administered?

A properly administered breath test would be for the suspect to voluntarily submit to breath testing. This would be a consensual search under the 4th amendment. However, the problem is that this is rarely, if ever, done. Law enforcement typically does not ask for a breath test under a consensual search theory.

If a breath alcohol test is improperly administered under “implied consent”, without “reasonable cause” of alcohol impairment, the accused should NOT be required to provide a breath sample. If they were, step one of the DRE protocol may have been completed in direct violation of Florida Law.

Read more about DRE

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Oct
1

Marijuana DUI

by DUI Defense

Driving under the influence of drugs, or DUID as it is commonly referred to, is a crime which is receiving increasing regulations especially in states that have passed the legislation for medical use of Marijuana. With the decriminalization of Marijuana for medical use it has become top priority for law enforcement agents across the nation to find a way to regulate and minimize traffic accidents and fatalities related to the use of Marijuana.If you get arrested for a DUI Marijuana or DUID it is imperative to seek the aid of a defense attorney, especially one which specializes in these cases. This makes it very difficult for the prosecution in the case to show that a driver is incapable of operating a motor vehicle due to the amount of THC consumed by the motorist. Typically police officers will rely on confessional statements from the defendant if any are made at the scene of the arrest to prove their case in court. In many cases the charges get dramatically reduced to a dismissal or possession charge when using an attorney to defend you for a DUI Marijuana.

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

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Jul
31

DWI First Offense

by DUI Defense

DWI is a very serious offense in all developed and developing countries. The problem is that most people do not realize that this is such a huge problem, until they commit it. Teenagers pose to be dare devils and engage in drunk driving and speeding. Their revelry comes to a full stop once they are charged with DWI and fear starts showing on their faces. In the absence of aggravating factors, the DWI offender gets off a little lightly. He may face the following punishments and penalties: a costly fine, a jail term of less than a week or up to half a year, the offender may have to do community service for as per ordered by the court, and if it appears that the person has an alcohol habit, the judge may order him or her to go in for rehabilitation.

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

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Jul
20

DUI

by DUI Defense

You may not have thought or realized that these terms DUI, DWI can also refer to driving under the influence of either prescription or illegal or drugs. In fact, they can and do refer to a driver who is impaired (under the influence of) by prescription or illegal drugs, as well as alcohol. The person who drives a motor vehicle after using psychoactive drugs is an issue of ongoing concern to authorities. It is an issue of ongoing concern to law enforcement officers, forensic toxicologists, attorneys, physicians and traffic safety professionals in every state in the United States. Some of the things these professionals are concerned about are the documentation and assessment of the impairment displayed by the driver, ways to identify the drug impaired driver on the road, the availability of appropriate chemical tests and the interpretation of the subsequent results. The primary concern in regard to drugged driving is the effect that medication or drugs will have on your as a driver. Driving under the influence of any drug that acts on your brain can impair your reaction time, motor skills and judgment. Driving under the influence of drugs is a public health concern because it puts not only you, the driver at risk, but also your passengers and others who share the road. The drugs and prescription medications that act on your brain can alter your coordination, attention, balance, reaction time, cognition, perception and other faculties that are needed for safe driving. The effects of specific drugs of abuse differ depending on the history of the user, their mechanisms of action, the amount consumed and other factors. You may not have realized that a DUI can be issued and a DUI arrest made for prescription medication. Most people think, in fact it is commonly believed that a DUI can only be issued when the officer believes that you have consumed alcohol or illegal drugs in excess of the legal limits. Any substance, even prescription medication, which can render you incapable of safely operating a motor vehicle, can be the reason for you facing a DUI arrest and DUI charges.

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

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Jul
19

DUI Attorneys

by DUI Defense

In a few days time, your case will come up in front of a jury and believe me; you could receive a harsh sentence in the court. The best possible course of action is to take help from an experienced DUI attorney. Getting away easily after having been charged with DUI is not possible these days as juries wish to make out an example of persons who drive under the influence of alcohol or drugs, and try to deliver harsh sentences as they believe alcohol is the cause of so many grievous injuries and deaths on road.

Never try to represent your case if you have been booked under DUI. There are many technicalities involved with such cases, and you can never hope to interpret and take advantage of any loopholes, is there are any. Even if you are not a serious offender, and have been booked for the first time, you could be stripped of your driver’s license, face a heavy fine, and even face the prospect of prison if the nature of offense is serious. DUI attorneys are well versed in all the laws relating to such cases and know how to present the facts related to the accident in front of the jury so as to give an impression that your offense is minor in nature and that you deserve the lightest of sentences.

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

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Apr
19

DWI First Offense

by DUI Defense

DWI is a very serious offense in all developed and developing countries. The problem is that most people do not realize that this is such a huge problem, until they commit it. Teenagers pose to be dare devils and engage in drunk driving and speeding. Their revelry comes to a full stop once they are charged with DWI and fear starts showing on their faces. In the absence of aggravating factors, the DWI offender gets off a little lightly. He may face the following punishments and penalties: a costly fine, a jail term of less than a week or up to half a year, the offender may have to do community service for as per ordered by the court, and if it appears that the person has an alcohol habit, the judge may order him or her to go in for rehabilitation.

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

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Mar
8

DRUGGED DUI

by admin

DUI. Most people think about someone who drives after drinking alcohol. The same is true for the term DWI or driving while intoxicated. These terms also refer to driving under the influence of either prescription or illegal drugs. In fact, they can and do refer to a driver who is impaired by prescription or illegal drugs, as well as alcohol. The person who drives a motor vehicle after using psychoactive drugs is an issue of ongoing concern to law enforcement officers, forensic toxicologists, attorneys, physicians, therapists and traffic safety professionals all across United States. recent focus is on documenting and assessing drug related impairment displayed by the driver, ways to identify the drug impaired driver on the road, the availability of appropriate chemical tests and the interpretation of the results of urine or blood tests.

Legally prescribed medications can impair a driver. Prescription medication impairment can be as dangerous as alcohol impairment. The primary concern in regard to drugged driving is the effect that medication or drugs will have on a driver. Driving under the influence of any drug that acts on your brain can impair your reaction time, motor skills and judgment. Driving under the influence of drugs is a public health concern because it puts the driver at risk, but also your passengers and others who share the road.

Most illegal drugs and many prescription medications act on your brain and can alter your coordination, cognition, attention deficit, balance, reaction time, perception which are needed for safely operate a motor vehicle. The effects of different drugs differ depending on the history of the user, of course. The quantity consumed and external factors play a role, as well.

Many people think that a DUI can only be prosecuted when and officer believes that you have consumed alcohol or illegal drugs in excess of the legal limits. Any substance, even prescription medication and many inhalant, which can impair safe operation of a motor vehicle, can result in an DUI arrest.

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Dec
3

Most Common DUI Penalties

by DUI Defense

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.

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Dec
3

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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