DUI Lawyers,,DUI Laws,Penalties

Archive for June, 2007

If you’re a parent, you should be wary once your kids start to think of driving. After all, these are the people who will likely get into a very dangerous vehicular accident than adults and even seniors. But it doesn’t mean you should stop your kids from doing so. What you can do is to take note of these safety measures about teen driving:

1. Show him how it’s done. As they say, the best teacher will always be experience. If you want to teach your kids the right way to driving, then you have to let him experience it with you. When you’re going to a mall or traveling on a vacation, allow him to sit beside you. Obey traffic rules and don’t go over speed limits. Learn to respect other vehicles and pedestrians. Most of all, avoid talking on the phone.

2. Enroll him in a reputable driving school. There are just some things that you can’t possibly teach him. Thus, it’s highly ideal if you can enroll your teen to a well-established driving school in your area. Majority of these schools don’t only have lectures about how to drive safely and the proper ways to deal with accidents, but they will also experience simulated driving. There shall also be examinations to test their knowledge and readiness in driving their car out on the streets. If you want him to get the most out of his training course, you may pick those schools that also have defense driving training. These are courses wherein facilitators teach students how to deal with harsh weather conditions and vehicular accidents.

3. Avoid letting him drive at night or when in parties. As much as possible, you should put limit in his driving time. Don’t let him drive at nighttime, especially when he’s out with his friends or attending a party. There’s a huge possibility that he’s on a drinking booze, and if he is, he’ll likely meet an accident, if not, get arrested for DUI. He may also be influenced by his friends to go speed racing, which will surely place your kids in grave danger. It’s even ideal that you’ll be the one to pick your children after their drinking session, to ensure that no one gets to drive a vehicle drunk. Definitely, your teen will understand this setup if you can just be objective and open about it.

4. Let him drive. He will never learn unless he drives. Thus, permit him to drive the car, while an expert, perhaps you, sits beside him. This way, he’ll be conscious with his driving ways. You can also provide him feedback, which he definitely needs from time to time. You can both look for a place where there are less or even no vehicles around, so all of the road will be yours.

5. Always remind him to wear his seatbelts. Majority of the injuries happen because drivers are not wearing their seatbelts. Your children may not fully understand why you have to keep on repeating things to them, but if it’s the only way to make sure that he stays safe, then do it.

Despite the fact that Americans have been campaigning against drunk driving since the early eighties, there are still those who excuse themselves from breaking such a serious law. For this reason, police are constantly vigilant for those who may be operating a vehicle under the influence. Yet, this is not to say that if you are arrested for such a thing that you are necessarily drunk. Each case is different, and unique. If your case is one of the exceptions, you may require a DUI lawyer.

The great thing about having a DUI lawyer is that he knows exactly what must be done and how to go about doing it -properly. As the DUI lawyer has experience with this specific form of case, he will be able to do his job expediently while giving you a feeling of relief knowing that someone is on your side.

One of the first things that the DUI lawyer will look for is whether you were in any way deprived of your constitutional rights. This can mean something as simple as not being read your Miranda Rights, or being arrested without being first given a breathalyzer test. This may also apply if there were any known discrepancies with the breathalyzer or other means of determining your blood to alcohol level. For instance, maybe a model of breathalyzer was utilized which has proven to be defective, often giving readings that are much higher than they are in reality. Your DUI lawyer will be looking for just this sort of discrepancy.

The simple fact is that the police have a specific protocol to follow and if they do not it may infringe upon your basic rights, and this is unacceptable. Due to the complexity of drunk driving laws, there are many aspects that a DUI lawyer will look at to see if not only your rights were upheld, but also that the procedures that the police utilized to apprehend you were legal, and that every aspect leading up to and beyond the arrest was correct within the eyes of the law.

Many may find this a bit scandalous, thinking that DUI lawyers are simply “cons freeing the guilty.” However, the truth of the matter is more complex. Challenging the law and police procedures keeps the police “more honest.” At the same time those charged with DUI are simply exercising the rights granted by our constitution and subsequent, lesser laws.

Further, while a great many drunk drivers are certainly guilty, the fact is that there is a minority of cases in which the innocent are charged wrongfully. Such a case existed in Grand Rapids, Michigan in 1993. A man who was medicated was given an especially powerful dose by his caregiver, which affected his driving, unbeknownst to him. By weaving on the road he attracted the attention of a peace officer, who rightfully pulled him over. Yet, not being a doctor, the officer mistook the driver for inebriated, and so arrested him. Don’t let this be you.

Penalties in Minneapolis for Driving Under Influence (DUI) are very tough and can affect you very badly for the rest of your life. Possible negative consequences are loss of job, difficulty in landing a new job and higher insurance costs. That’s why you need to contact the DUI Attorney Minneapolis right away.

Those arrested under DUI charges face the prospect of jail time, loss of driving license and substantial fines. Even when your license is being renewed, you may have to pay an expensive surcharge for the same.

Contact Your Lawyer Right Away

You should contact DUI Lawyer Minneapolis right away after you have been charged with DUI offense. While the negative effects cannot be wished away completely, hiring a qualified DUI Attorney Minneapolis can still minimize them. Your lawyer will understand the negative effects you may probably face and he or she will fight for your case and rights aggressively. Many people charged under DUI have been successfully defended by their DUI Lawyer Minneapolis.

Positive Blood Test – You Stand a Chance

Even those tested with positive blood tests and high breath have benefited from the services of DUI Attorney Minneapolis. They make every effort to get your charges reduced, dismissed while trying to protect your drivers license at the same time. Even in the case of suspended driver’s license, your lawyer may help you get an occupational license during the trial period. Your DUI Lawyer Minneapolis may also help you get the DUI offenses expunged from your criminal history.

Defense Starts Early

Your defense starts right at the investigation stage, where the DUI Attorney Minneapolis makes sure that every mistake made by authorities is found out and a strategy may be developed for you to win. There have been instances when law enforcement officers illegally stop, detain and arrest you without any proper reason. Your DUI Lawyer Minneapolis makes sure these frivolous charges are dismissed right away. Even if the case goes to the bench or jury, the lawyers use solid arguments to question the field tests conducted and incriminating statements against you. These techniques have been successfully used in numerous DUI cases in Minneapolis.

Overzealous Legal System

The current prosecution environment is overzealous due to which the authorities arrest even innocent people at times in the present legal system. A qualified DUI Attorney Minneapolis therefore, is a must to prevent government from taking away your privileges, rights, freedom and very importantly, your money.

Vigorous Cross Examination

A jury trial is often recommended by DUI Lawyer Minneapolis as they can make a significant difference in the courtroom. Your lawyer will start by getting the police report copy and help you find out what options do you have against the charges. The vigorous cross-examination of the police officers by your lawyer helps you question the accuracy of their judgments. Your blood alcohol content test is also put under severe scrutiny so that every possibility of securing your release can be availed.

You can be sure that even if your breath test is on the higher side, you still stand a chance. For successful defense, you need your lawyer to be exceptionally experienced and detail oriented so that they can find practical solutions to your complicated problems. While choosing your DUI Attorney Minneapolis, you can easily find out whether the lawyers have a reputation of being responsive and hardworking or not, and you can decide accordingly. Every Driving Under Influence case is different than the other, which means every DUI case and situation need a separate and detailed study.

If you are unfortunately involved in a DWI / DUI case in Minneapolis and require the services of an experienced and competent DUI Lawyer Minneapolis or DUI Attorney Minneapolis, you can call or contact us any time

South Carolina was known as having some of the most lenient punishments for driving under the influence (DUI) in the country. As the number of alcohol-related fatalities in automobile accidents climbed, however, the state legislature decided that enough was enough and passed sweeping changes to South Carolina’s DUI laws in 2008. These changes came into effect February 10, 2009.

Under the 2009 changes, penalties for DUI convictions are determined based on the driver’s blood alcohol content (BAC) level. The higher the BAC, the more severe the possible punishments. An outline of these changes is provided below.

First DUI Conviction

The court cannot suspend the fine for a first-time conviction or offer a lower amount than required by state law.

BAC 0.08-0.09

2-30 days in jail OR 48 hours of community service $400 fine

BAC 0.10-0.15

3-30 days in jail OR 72 hours of community service $500 fine

BAC 0.16 and above

30-60 days in jail OR 30 days of community service $1,000 fine

Second DUI Conviction

In overhauling the DUI laws, the legislature removed the possibility of performing community service in lieu of jail time for second-time and subsequent DUI offenders. The court also may not suspend the fine for second-time offenders, but it may lower the fine to $1100. Second-time and subsequent offenders also will be required to serve minimum mandatory jail time and are subject to suspension and surrender of their vehicle registrations and license plates.

BAC 0.08-0.09

Mandatory minimum 5 days in jail May be sentenced up to 1 year in jail $2,100-$5,100 fine

BAC 0.10-0.15

Mandatory minimum 30 days in jail May be sentenced up to 2 years in jail $2,500-$5,500 fine

BAC 0.16 and above

Mandatory minimum 90 days in jail May be sentenced up to 3 years in jail $3,500-$6,500 fine

Third DUI Conviction

BAC 0.08-0.09

Mandatory minimum 60 days in jail May be sentenced up to 3 years in jail $3,800-$6,300 fine

BAC 0.10-0.15

Mandatory minimum 90 days in jail May be sentenced up to 4 years in jail $5,000-$7,000 fine

BAC 0.16 and above

Mandatory minimum 6 months in jail May be sentenced up to 5 years in jail $7,500-$10,000 fine

Fourth and Subsequent DUI Conviction

BAC 0.08-0.09

Mandatory minimum 1 year in jail May be sentenced up to 5 years in jail

BAC 0.10-0.15

Mandatory minimum 2 years in jail May be sentenced up to 6 years in jail

BAC 0.16 and above

Mandatory minimum 3 years in jail May be sentenced up to 7 years in jail

Refusal to Take a Breathalyzer

Anyone suspected of drunk driving who refuses to take the breathalyzer will have his or her license automatically suspended for six months (under the previous law, it was three months). Anyone who has a BAC reading of 0.15 or greater also automatically loses his or her driver’s license for six months. The length of license suspension time increases with each subsequent DUI conviction. For example, a second-time offender who refused to take the breathalyzer each time will have his or her license automatically suspended for nine months.

Felony DUI

A felony DUI may now be charged in any alcohol-related accident that causes great bodily injury or death to another person where the injury or death is caused by the actions of the impaired driver. “Great bodily injury” is defined under the statute as injury that “creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.”

The fines for causing great bodily injury range from $5,100-$10,100. Jail time can range from a mandatory minimum of 30 days to 15 years.

Drivers convicted of felony DUI in accidents that led to the death of another, however, face much more severe penalties: up to $25,000 in fines and up to 25 years in prison. Judges must impose the mandatory minimum sentences and may not offer probation to those convicted of felony DUI.

Mandatory Counseling

Even first-time offenders now must successfully complete an Alcohol and Drug Safety Action Program certified by the Department of Alcohol and Other Drug Abuse Services as a condition of their sentence for a DUI conviction. Before enrolling in a program, each DUI offender is evaluated to determine whether an education course, treatment or both are necessary. DUI offenders are required to pay for the program out of pocket, which may cost up to $2500. Those who fail to enroll in an acceptable program within 30 days of their conviction may be held in contempt of court.

Underage Drinkers

Drivers under 21 years of age who are convicted of DUI will have their driver’s licenses suspended for six months for a first time conviction. If they are convicted of DUI a second time within five years of the first conviction, they will lose their licenses for one year.

Drive Carefully

Before getting behind the wheel, consider South Carolina’s harsh punishments for DUI. If you have been arrested for DUI, be sure to consult an attorney for advice.

Most times when people are arrested for driving under the influence, the first thing they want to know is how to get out of a DUI charge. Since DUI is a criminal offense, so there’s really no easy answer.

If you’re arrested and charged with DUI, you’ll have to go through a criminal trial and administrative hearings concerning your driving privileges, if you’re not able to make a plea bargain. Trying to handle all of these proceedings by yourself is probably the fastest way to lose your criminal case and your driving privileges at the same time. And you could quite possibly be spending time behind bars.

If you make the mistake of choosing an attorney who doesn’t specialize in DUI, you’re risking your freedom and reputation, since being convicted can result in a harsh jail sentence in many states. Working with an aggressive attorney who knows and specializes in DUI and understands the subject inside and out is the best way to successfully defend yourself against a DUI charge.

Prepare for Your Case – Right from the beginning, most people start thinking about how to get out of their DUI charges. First of all, off you want to get out of your DUI, you should talk with your attorney and find out if a plea agreement is available. In some states, you may be able to plead guilty to a lesser charge and be subjected to lesser penalties. If you can’t arrange a plea agreement, your case will proceed to trial and you’ll be facing the full range of criminal penalties if you’re convicted of DUI charges.

Your Criminal Trial – If you weren’t able to make a plea agreement, your criminal trial will be scheduled to proceed. The best you can make at this stage of the process is to make absolutely sure you’re working with a fully qualified and experienced DUI lawyer. When you have a lawyer that specializes in DUI on your side, you’ll have access to expert witnesses and specific information that can make a big difference during your trial. Expert witnesses can help you by refuting testimony or showing that chemical test results were invalid or unreliable. Your lawyer will have access to many of these types of witnesses, since he’ll have had extensive experience in the field of DUI law. Your lawyer will also know where to look for information that could further assist you during your trial, such as decisions made in previous cases. If, due to financial restraints, you’re fighting this battle with a public defender or a lawyer who doesn’t specialize in DUI defense, you’ll lose out on these benefits and your struggle will be all uphill.

Administrative Hearings – You’ll most likely be required to attend administrative hearings that are held to determine the status of your driving privileges after you have been arrested for a driving under the influence charge. Driving is something most people take for granted, but each state considers it a privilege and not an absolute right, which means that it can be taken away at any time. Some states allow you to appeal a license suspension so that you can continue to drive up until your criminal trial takes place. For example, you may need to drive to get back and forth from your job. Your attorney can work with you concerning this matter to prepare for the appeal hearing. Your attorney can also speak on your behalf during this hearing so that you have a better chance of getting your driving privileges reinstated, even if the restoration is only of a temporary nature. Your lawyer, if he specializes in DUI defense, will know what to say and how to handle your case because of the experience he has in the field of DUI law.

Sentencing – If you’re convicted of driving under the influence, there is no way to get out of the DUI itself, but there is a way that you can minimize the damage and penalties that are placed upon you. Your lawyer can speak out on your behalf before sentencing takes place so that the judge can hear and consider all of the circumstances in your case. This can go a long way towards reducing the severeness of any punishment imposed.

For example, your attorney may let the judge know that you have a disability or that you’re responsible for caring for an elderly parent and therefore must remain out of jail and also be able to retain some, maybe limited, driving privileges. If your lawyer can convince the judge that your incarceration would create a hardship for others, the judge may be lenient and sentence you to other penalties such as alcohol education, community service or probation instead of jail time. Don’t go it alone – Working with a DUI attorney is the best answer to the question of how to get out of a DUI. Experienced professionals have a high degree of knowledge and a great deal of experience in handling DUI cases, so they know how to best present a defense for your specific situation, insuring the minimum punishment. Of course, no one can absolutely guarantee that you will win your case, but having an experienced, aggressive DUI lawyer on your side can make the difference between winning and losing.

If you think that driving under the influence of alcohol is still the most dangerous thing you can do behind the wheel, think again. Recent statistics show that driving while talking on a cell phone is just as deadly.

Millions of drivers worldwide talk on their handheld phones daily. So why is it a problem? Cell phones are a proven distraction and according to the National Highway Traffic Safety Administration (NHTSA) in the United States, cell phone use accounts for more than 25 percent of all police-reported traffic accidents. And this doesn’t even take into account the thousands of accidents that go unreported.

Of course, drivers who are avid cell phone users do take reports like these with a grain of salt. Wireless-phone proponents contend that talking on a cell phone while driving is just as hazardous (or non-hazardous) as, for instance, changing your radio station or flipping from one CD to the next. And with the advent of hands-free phones equipped with Bluetooth technology, it’s easy to brush off the dangers of driving while talking (on the phone) as a gross exaggeration.

There is no denying the advantages of carrying a cell phone in the car: you can call the office when you’re running late, phone loved ones while stewing in traffic, or call for roadside assistance in case of engine or car trouble.

But just the same, the hazards brought about by using cell phones while driving cannot be readily dismissed. After all, the use of cell phones while driving has already been banned in countries like Australia, Spain, Israel, Portugal, Italy, Brazil, Chile, Switzerland, Great Britain, Singapore, Taiwan, Sweden, Japan, and Austria.

Keeping this in mind, here are some cell phone safety tips that might just prove to be lifesavers:

1. Never read or write text messages while driving.

2. Program frequently called numbers into your phone’s memory allowing you to keep dialing to a minimum.

3. If you must dial when the car is moving, hold the phone at eye level so you will have a clear view of the road.

4. Do not make emotional phone calls while driving.

5. Position your phone within easy reach.

6. Suspend calls in heavy traffic or in bad weather — you need to focus even more under hazardous conditions.

7. Keep conversations short. Inform the person you’re calling that you are in a car, and hang up as soon as possible.

8. If possible, place calls when you are not moving. Pull over where possible.

9. Ask a passenger to help. Have someone else make or take the call.

It’s still a lot better to err on the side of safety.