DUI Lawyers,,DUI Laws,Penalties

Archive for October, 2007

The Minneapolis Star Tribune has reported that Minnesota has the third-worst drunk driving rate in the nation. In 2006, nearly 42,000 Minnesota motorists were arrested for Driving While Impaired (DWI) or Driving Under the Influence (DUI).

The DWI/DUI charge is very serious and has seen increased law enforcement emphasis around the country. Governments have run extensive media campaigns attempting to scare citizens about the dangers of DWIs and DUIs. It has also helped governments justify increased expenditures on prosecution of this crime. As governments struggle to find new revenue sources, they have turned to DWIs as a cash cow. They raise revenue, increase public safety and keep people tied to the legal system.

There are many penalties that may result from DWIs. Some are directly implemented by the government; including fines, vehicle restrictions and jail time. Others are a result of criminal conviction, such as, employment and insurance problems.

The Minnesota State Statute Section 169a.20 refers to “driving while impaired” as a crime involving driving, operating or being in physical control of a motor vehicle, while “under the influence of alcohol” or “within two hours” of the aforementioned. This code has been updated over time to allow for easier DWI convictions. Minnesota’s legal limit of Blood Alcohol Content (BAC) is .08%. It has continually been lowered over the years.

There are at least four degrees of DWI – fourth degree impairment is a misdemeanor, third degree impairment is a gross misdemeanor and includes an aggravating factor, second degree impairment is a gross misdemeanor with two or more aggravating factors and the first degree impairment is a felony, if first of three convictions was within ten years.

Aggravating factors include the level of intoxication, child involvement and refusal to take a “field sobriety test” or “blood, breath or urine test”. Minnesota is an “implied consent” state – meaning that all drivers must perform a “field sobriety test”, if requested by police officers.

Police must follow certain procedures. Police officers can arrest you – even if your BAC is under the legal limit -on the suspicion of “reckless or dangerous” driving. The commercial motor vehicle BAC is .04%. DWI law also applies to airplanes, ATVs, boats and snowmobiles.

A DWI arrest leads to a parallel legal process of Criminal court proceedings and Minnesota Department of Transportation administrative proceedings. Once a “revocation of driving privileges” has occurred, the State of Minnesota forces the violator to pass through a labyrinth of bureaucratic red tape to return to regular driving.

The Interstate Driver’s License Compact is a system of 44 states sharing DWI information.

Minnesota is a “plea-bargain” state, which attempts to settle most cases “out-of-court”. Repeat offenders receive stiffer penalties. Treatment programs are also an option.

A professional attorney will collect evidence and interview witnesses. A good lawyer can determine whether breath analyzer equipment was functioning properly.

They will know what the prosecutor will emphasize: reckless driving patterns, physical signs of impairment, performance on “field sobriety tests” and alcohol test results.

Find the best criminal defense lawyer. Turn to a professional who knows the law, evidence rules, police procedures and can gauge the probability of success for your case.

The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

It is estimated that alcohol is the cause in 39 percent of vehicle related accidents. It makes for 44 percent of traffic related fatalities in the United States alone. Anyone who is found guilty of killing or injuring someone while driving under the influence of alcohol or drugs is punishable by law. Many US states have truth in sentencing laws i.e. enforcement of strict guidelines on sentencing. This means that if a guilty party is sentenced to ten years, he or she will be in prison for that entire time. This is different from the past when prison time was reduced or suspended

There are specific criminal offenses under this law – driving under the influence (of alcohol or other drugs)-DUI, operating while intoxicated-OWI, driving while intoxicated-DWI, operating a motor vehicle while intoxicated-OMVI, driving under the combined influence of alcohol and/or other drugs, and so on.

DUI is the act of operating a vehicle after consuming drugs or alcohol. It is a criminal offense in most countries including USA. In this article we share some of the most important qualifications for a DUI Lawyer.

A DUI Lawyer’ Qualifications

Investigation

A thorough investigation forms the base of a strong defense. The present or past situation of an accused, family background and life circumstances – all form the platform from where the defense starts their work. Investigations also help in dwelling deeper into the case and collect evidence, witnesses, and documentation. A properly conducted investigation may give a new insight to the case and highlight some hidden clues.

Aggressive Approach

An aggressive DUI lawyer will defend a case strongly. Knowledge of laws, rights and responsibilities as well as representing the accused forcefully – all are part of a winning strategy. A soft-spoken attorney may not be heard in a busy courtroom. Excellent negotiations skills and the ability to fight the case effectively in the courtroom are crucial qualifications for a DUI attorney.

Courtroom Experience

Mere experience as a DUI lawyer is of no good if an attorney does not have exposure to the courtroom drama. A hand on experience in the courtroom is very important during trials. The numbers of cases that go to trial are very few but if a case goes to trial then it is crucial that a lawyer is capable of handling the drama.

Track Record

A DUI lawyer should possess a record of accomplishment. He should have several successful cases in his kitty. Past performance is a sure way of expecting good results in the present. References, testimonials, accreditations, associations, and awards – all are indicators of a good track record and indicate the competency of the lawyer.

Expertise Or Specialization

Specialization in the area DUI criminal law is a must. Though experience is important but it is of no use if the lawyer does not specialize in a particular area. Expertise comes only with relevant experience.

Public Speaking Ability

The DUI lawyer must possess good public speaking ability. He should be confident and bold during courtroom presentations. A good personality will make a mark on the judge.