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
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
If you have been charged with a drunk driving offense in Florida, you are probably wondering what you are facing in terms of fines, jail time, and other punishment. Unfortunately for you, drunk driving is nowadays considered to be a very serious offense, even if there is no personal injury or property damage involved. You will be very lucky to walk away from the charge with just a fine, even if it is only your first conviction. If you have already had a conviction, expect jail time for sure. Either way, you will definitely want to hire experienced counsel to minimize the penalties you will face. The minimum fine for a DUI offense on first conviction is five hundred dollars. It can go up to a thousand dollars unless there is a minor involved or you are excessively drunk, which in both cases causes the fine to double. If you are not going to jail, you will definitely be required to perform at least fifty hours of community service. You will also be placed on probation for up to a year. Your car may be impounded for a number of days and your driver’s license will be suspended for several months. If you have already been convicted of drunk driving, expect to go to jail unless your attorney is good. Prison is no fun, and you will be there for several months. Even first time offenders can be sent to jail depending on the specifics of the offense. The jail time is usually on top of other penalties.
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Tags: Driving Under The Influence, Dui Laws, DUI Lawyer, Dui Misdemeanor, DWI, Florida DUI, Jonathan Blecher, Miami DUI Lawyer
Posted in Driving Under the Influence
by DUI Defense
If you are arrested for drunk driving, there are a few things that you need to understand about your case. People can commonly confuse DUI and DWI but there is a definite difference between the two of them. If you are involved in a case such as this, you should consider contacting your Austin Jail Release Lawyers as soon as possible so they can begin working on your case immediately. Both DUI and DWI are acronyms for other sets of words which are driving while intoxicated and driving under the influence. DWI or driving while intoxicated is the more severe of the two types of charges that you could receive. A DWI means that you are above the legal intoxication limit. This means that when the police pull you over, they will most likely give you some type of breathalyzer test in order to measure your BAC. BAC or blood alcohol concentration is the amount of blood to alcohol you have in your system at the moment that you take the test. The legal BAC is .08 percent. If you are above this BAC then you are considered legally drunk and will be arrested if you are pulled over and tested. If you are arrested for a DWI, your license is automatically suspended because you are driving while over the legal limit. Once you are taken in to jail and booked, you will have a bail hearing to determine what the amount of your bail will be. If you haven’t had any prior criminal history, then they could possibly let you off with a lower bail or on your word that you will come back to appear in court. If you have had a prior criminal background or are considered a flight risk then they will probably give you a higher sentence depending on the situation and circumstances. They will also assign you a trial date that you will be required to appear.
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Tags: BAC, Blood Alcohol Content, Driving Under The Influence, Dui Laws, DUI Lawyer, Dui Misdemeanor, DWI, Florida DUI, Jonathan Blecher, Miami DUI Lawyer
Posted in Driving Under the Influence
by DUI Defense
If you are caught drinking and driving, you will face many serious consequences. Not only could your irresponsible actions lead to an accident where you or your passengers are injured or killed, but you could also take the life of another driver or innocent bystander. According to the National Highway Traffic Safety Administration’s Traffic Safety, alcohol impaired driving, thousands people died in drunken driving related crashes. There are many other consequences to being arrested for driving while under the influence. For instance, you can have your driver’s license revoked, pay for the cost of a criminal trial that includes attorney fees as well as a very high fine if convicted.Depending on the seriousness of the charges, such as causing the death of another person, you can receive a long prison sentence. You can also lose your driver’s license for a certain period of time. It is illegal to drive with a blood alcohol concentration at or beyond a level of 0.08 percent. Driving under the influence can seriously affect the amount you pay for your insurance premium. A DUI arrest or conviction will cause a significant increase in your insurance premium. As well, your insurance provider may even terminate your policy. A DUI conviction does not disappear after a certain number of years. It stays on your criminal and driving record indefinitely, except if you have it expunged. Your employer and insurance companies can all view the criminal record. Some employers will fire an employee convicted of a DUI.
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Tags: Driving Under The Influence, dui attorney in miami, Dui Laws, DUI Lawyer, Dui Misdemeanor, DWI, Florida DUI, Jonathan Blecher, Miami DUI Lawyer
Posted in Driving Under the Influence
by DUI Defense
If you are caught drinking and driving, you will face many serious consequences. Not only could your irresponsible actions lead to an accident where you or your passengers are injured or killed, but you could also take the life of another driver or innocent bystander. According to the National Highway Traffic Safety Administration’s Traffic Safety: Alcohol Impaired Driving, Thousands people died in drunken driving related crashes. There are many other consequences to being arrested for driving while under the influence. For instance, you can have your driver’s license revoked, pay for the cost of a criminal trial that includes attorney fees as well as a very high fine if convicted.Depending on the seriousness of the charges, such as causing the death of another person, you can receive a long prison sentence. You can also lose your driver’s license for a certain period of time. It is illegal to drive with a blood alcohol concentration at or beyond a level of 0.08 percent. Driving under the influence can seriously affect the amount you pay for your insurance premium. A DUI arrest or conviction will cause a significant increase in your insurance premium. As well, your insurance provider may even terminate your policy. A DUI conviction does not disappear after a certain number of years. It stays on your criminal and driving record indefinitely, except if you have it expunged. Your employer and insurance companies can all view the criminal record. Some employers will fire an employee convicted of a DUI.
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Tags: Alcohol Impaired Driving, BAC, BAC Test, Driving Under The Influence, Dui Laws, DUI Lawyer, Dui Misdemeanor, DWI, Florida DUI, Jonathan Blecher, Miami DUI Lawyer, Traffic Citations
Posted in Driving Under the Influence
by DUI Defense
The possible implications of a DUI charge can be very serious, even for first time offenders. These implications are both social and legal in nature and can affect the everyday lives of those who have been convicted of this crime. That is why, if you are facing a DUI charge, it is important that you are well prepared to deal with what’s going to happen next so you can obtain the most favorable result of the case for you. Collect all pertinent documents that may serve as concrete evidence to back your case. Examples of these are those documents handed to you by the police officer at the time of your release. You could study these documents for irregularities and discrepancies that may weaken the state’s case against you. You should also keep credit card documents, cell phone records, restaurant receipts, and the like because they can become useful in proving inconsistencies in the blood-alcohol-level tests. Your driving record at the DMV is also necessary for your DUI attorney to be able to study your history. Write down everything you remember about the arrest. Unlike the police, ordinary citizens were not trained to take note of all the details of everything that took place before, during, and immediately after the arrest. If you have been charged with a DUI take time to write down everything you can remember, including everything that friends, family, and other witness can remember about the incident. Some details may seem unimportant, but lawyers and policemen know that these little details may very well be the basis for your guilt or innocence. Therefore, if you don’t want to forget anything months into the trial, it is best to put them down to writing now. Apply for a hearing. There are different rules for filing for the hearing before the DMV and these rules are based upon the blood alcohol content test that you undertook. If you had a breathalyzer test and were issued an Affidavit and Notice of Revocation, you have seven days to file a written request for a hearing. If you took the blood test, the DMV may lengthen the period it takes for you to make a request. The request must be filed in clear and concrete writing and must be submitted to the Department of Revenue. Request to have the arresting officer and/or the investigating officer invited to the hearing. It is only with their presence before a neutral body of administrators that the arresting officer and/or the investigating officer may be objectively cross-examined and questioned. If the DMV subpoenas them but they do not show up to the hearing, there is a good chance that your DUI charges will be dropped. It cannot be emphasized enough that what you need the most is a good DUI lawyer. The moment you are taken into custody by the police, you will need the assistance of a lawyer who can speak for you when investigating officers try to talk you into speaking. A good DUI lawyer also knows how to negotiate with the state prosecutor to have the charges against you dismissed or to bargain for a lesser offense and, thus, slighter penalties.
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Tags: DMV, Driving Under The Influence, Dui Laws, DUI Lawyer, Dui Misdemeanor, DWI, Florida DUI, Jonathan Blecher, Miami DUI Lawyer
Posted in Driving Under the Influence
by DUI Defense
Alcohol testing is essential in the enforcement of alcohol related crimes like DUI and DWI. Alcohol testing methods have been constantly improving to become more accurate and less invasive. This continual progress of alcohol testing is beneficial for both sides of the law. Here’s a list and brief description of the five most common forms of alcohol tests normally associated with DUIs. A field sobriety test is the most basic and inaccurate form of alcohol testing. Field sobriety testing involves basic tasks that measure balance, coordination and response time. Intoxication can generally be clearly identified when conducting field sobriety tests like the one legged stand and straight like walk. Contrary to popular belief, it is very hard to pass a field sobriety test when inebriated. Field sobriety testing is often used in conjunction with a breathalyzer during suspected DUI traffic stops. A Breathalyzer is a portable device that tests an individual’s blood alcohol content by measuring the amount of alcohol in the lungs. A Breathalyzer is blown into by the suspected and gives law enforcement an immediate result. This result isn’t exact, but is a very accurate estimation. Although Breathalyzer testing is more accurate than field sobriety testing, there is still room for error. Breathalyzers must be property maintained and used by law enforcement for an accurate result. Blood testing is another form of alcohol testing often associated with DUIs. A blood alcohol test involves taking a blood specimen from the accused and testing the blood alcohol level directly. This type of test normally occurs at the processing center, after one fails a field sobriety and breathalyzer test. Blood testing is far more accurate than field sobriety and breathalyzer testing, but it is also more expensive. Because of this, other testing methods are more frequently used.
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Tags: Alcohol Related Crimes, Alcohol Testing, breathalyzer, Driving Under The Influence, DUI, Dui Laws, DUI Lawyer, Dui Misdemeanor, DWI, Field Sobriety Test, Florida DUI, Jonathan Blecher, Miami DUI Lawyer
Posted in Driving Under the Influence
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