by DUI Defense
DUI or driving under the influence of alcohol or other intoxicating substances is illegal in the United States. Most states have set a legal BAC limit at 0.08 percent making it illegal to drive at or above that set limit. If a person is caught driving with that BAC level, he can get arrested. Then he can get convicted of DUI if he is found guilty on those charges. The law considers DUI conviction seriously and therefore the punishments can be severe. Even first time offenders are subject to jail time, driver’s license suspension, ignition interlock device and heavy fines. Penalties can be severe depending on the charge and varies from state to state. DUI conviction can be classified into misdemeanor and felony. Normally a DUI is a misdemeanor. A felony offense is charged when a person has several prior DUI convictions, injured another individual, caused property damage, and has high BAC level. A person with a felony charge has to face severe penalties than those with misdemeanor charge. Generally, the penalties for a DUI include, hefty fines, jail time, driver’s license suspension, probation, community service, installing ignition interlock device and in an extreme condition, impoundment of vehicle may occur. First time DUI offenders may face up to six months in a jail, incur temporary driver’s license suspension and incur large fines. Second time DUI offenders may face up to one year in a jail, may need to attend community service, incur license suspension for a year and incur fines. Third time DUI offenders may face up to one year in jail, incur driver’s license suspension for three years and incur fines. Fourth time and above DUI offenders are charged under felony conviction. They may face up to ten years in jail, incur driver’s license suspension for five years and incur fines.
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Tags: Convicted of DUI, Driver's License Suspension, Driving Under The Influence, DUI, DUI Charges, DUI Penalties, Felony, Ignition Interlock Device, Intoxicating Substances, Legal BAC Limit, Misdemeanor Crimes
Posted in Driving Under the Influence
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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Tags: administrative hearing, Citations, Criminal Case, Driving Under The Influence, DUI, DUI Cases, Dui Laws, Dui Misdemeanor, DWI, Florida DUI, Prosecution, Traffic Citations
Posted in Driving Under the Influence
by DUI Defense
While the array of penalties one suffers from a DUI arrest is overwhelming, the first penalty the accused often suffers, often as quickly as ten days after the initial arrest for DUI, is the loss of the ability to drive due to a suspended license. The DMV will suspend your license within ten days of your DUI arrest if there is evidence that your BAC is over a .08, or if you refuse to submit to a lawful test of your blood, breath, or urine. This guide will detail how a DUI attorney can help you get your hardship license back in both scenarios. How a DUI Lawyer can help you get your hardship license if your BAC was over a.08. A BAC above a.08 gets you a six month suspension the first time, and a year suspension the second time. Your DUI lawyer can request a formal review of the suspension on your behalf, provided you hire him with within ten days of your arrest. When the DUI lawyer requests that hearing, he can obtain on your behalf a hardship permit that lets you continue to drive pending the outcome of your hearing. This is the first opportunity to get a hardship license, and it will be good for an additional forty two days. While you continue to drive, the DUI attorney will prepare for your administrative hearing. During that time, the DUI lawyer will obtain the police reports, affidavits, breath test inspection and maintenance logs, and all the stuff necessary to prepare for the formal review hearing. If your Florida DUI attorney can successfully argue that the police lacked probable cause for to arrest for DUI, or that the Officer did not substantially comply with the rules regulating the blood, breath, or urine test, then the administrative suspension will be set aside, and your full driving privileges will be restored. However, if the suspension is sustained, the hardship license will be taken away, and a period of “hard” suspension will begin. A “hard” suspension is a period of time during your regular license suspension when, no matter what your DUI Attorney says or does, no hardship license will be issued. You cannot drive, period.
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Tags: administrative hearing, BAC, DMV, DUI, Dui Laws, DUI Lawyer, Dui Misdemeanor, DWI, Florida DUI, Jonathan Blecher, Miami DUI Lawyer, Suspension of License
Posted in Driving Under the Influence
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
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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Tags: blood alcohol, Blood Alcohol Content, Civil Case, Criminal Case, DUI, DUI blood test, Dui Misdemeanor, Miami DUI Lawyer, Traffic, Traffic Citations
Posted in Driving Under the Influence
by DUI Defense
When charged with a DUI, some people often forgo hiring an attorney because they feel that there is little an attorney can do or that the penalties are light enough that there isn’t much need for a lawyer anyway. This is dangerous thinking as the strict penalties for a DUI, even for first time offenders. Here are some of the more common penalties.You can get3-5 years of Court Probation. A fine along with court fees and DUI School.You may be ordered to install an Ignition interlock device. DMV points may be added to your record
Keep in mind, these penalties are just for a first time offense. Second and third time penalties are much more harsh. For one, if you can’t pay the fines, perhaps a lawyer could negotiate with the prosecutor in order to secure some community service instead. Also, an attorney could lower the number of hours of DUI School that are required to attend. A lawyer could even get the required jail time converted to work service.
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Tags: BAC, DMV, DUI, DUI Law, dui manslaughter, DUI Penalties, Finding a DUI Lawyer, Jail Time, Miami DUI Lawyer
Posted in Driving Under the Influence
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 AA 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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Tags: breath testing, breathalyzer, Charges, Criminal, DUI, DUI Charges, DUI Law, Felony, Jonathan Blecher, Miami DUI Lawyer, theft
Posted in Driving Under the Influence
by DUI Defense
The use of two different terms leads many people to wonder, What is the difference between DUI and DWI Are they two different terms referring to the same thing, or are they separate and distinct crimes. The terms both refer to the same crime. Operating a vehicle while intoxicated or under the influence of drugs or alcohol. DUI stands for Driving Under the Influence. DWI stands for Driving While Intoxicated or Driving While Impaired. Note that these terms don’t refer simply to driving while drunk. They also cover operating a vehicle after using illegal drugs. However, some states to make a distinction between the severity of the crimes. In some parts of the US a DUI is considered less serious than a DWI, the reasoning being that there is a distinction between being simply under the influence and actually being intoxicated. It implies a difference in the level of impairment caused by the drugs or alcohol on your coordination and motor skills. Other states treat both DUI and DWI exactly the same way. There is a legal limit for intoxication and anyone caught driving over that limit will be treated in the same way. However, the punishment dealt out by a judge may still be influenced by the level of intoxication.
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Tags: Driving Under The Influence, Driving While Impaired, Driving While Intoxicated, DUI, Dui Laws, Dui Misdemeanor, DWI, Florida DUI, Jonathan Blecher
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
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.
Full Article
For More Information Visit: http://www.duilawdefense.com
Tags: Citations, Driving Under The Influence, DUI, DUI Law, Dui Laws, Dui Misdemeanor, DUI Offense, DWI, Florida DUI, Traffic Citations
Posted in Driving Under the Influence
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