DUI Lawyers,,DUI Laws,Penalties

Archive for December, 2007

If you have thought that driving with a couple beers in your system you are fine, you might want to take a second look. California and Arizona are implementing more strict laws to punish people who drive under the influence.

In the attempt to reduce the number of DUI cases, the states of California and Arizona are putting more strict punishments. Although this might sound like a reasonable attempt, it does not solve much. The focus should be spent on educating people about the consequences of drinking and driving. In spite of my opinion, the new laws are passed.

Arizona has just signed into law that any person who receives a DUI must install an ignition interlock device on their car. This also includes first time offenders. The old law required that only multiple offenders must have the device installed on the car. Keep in mind, this device must be paid by the offender. It must be installed on the vehicle for one year after the offender receives the license back.

On top of that, the state has also signed that first time offenders have to complete more jail time than the previous law.

If you have or have not commited a DUI, you might want to rethink your actions and choices. The laws are getting more strict and the consequences can affect your life. Having an IID device installed in your car not only costs you money, but it is not the only penalty you will be given. You will also have to pay fines, serve jail time, attend a dui program, and other penalties.

DUI laws vary by state, so it is important to understand the laws specific to where you have been charged when going about your defense. Most states assess different penalties depending on your level of intoxication. The state of Maryland is no exception.

Maryland DUI Charges

There are three different types of drug and alcohol related charges you can be convicted of in Maryland. The penalties are more severe for your second offense than they are for your first offense.

In order to determine whether or not you are intoxicated, the police officer will perform a series of field sobriety tests on you. If he suspects that you are impaired, he will ask you to submit to a breath test. If you refuse the breath test, your license will automatically be suspended for 120 days and it will be considered an admission of guilt in court.

Driving While Impaired

If your blood alcohol level (BAC) is between .07 and .08, you will be charged with Driving While Impaired (DWI). The penalties for a first offense DWI are:

· Maximum 2 months in jail

· $500 fine

· 8 points on your license

· Suspension of your license

The penalties for a second offense DWI are:

· Maximum one year in jail

· $500 fine

· 8 points on your license

· Suspension of your license

Driving Under the Influence

If your BAC is .08 or greater, you will be charged with Driving Under the Influence (DUI). The penalties for a first offense DUI are:

· Maximum one year in jail

· $1,000 fine

· 12 points on your license

· 45 day suspension of your license

The penalties for a second offense DUI are:

· Maximum two years in jail, minimum five days if both convictions are within a five year period

· $2,000 fine

· 12 points on your license

· 90 day suspension of your license

Driving Under the Influence of a Controlled or Dangerous Substance

You do not need to be drunk to get a DUI. You will be charged with Driving Under the Influence of a Controlled or Dangerous Substance if you are impaired by something other than alcohol or common non-prescription medication. This covers impairment from illegal drugs as well as prescription medication that inhibits your ability to drive.

The penalties for a first offense are:

· Maximum one year in jail

· $1,000 fine

· Suspension of your license for up to a year

The penalties for a second offense are:

· Maximum three years in jail

· $3,000 fine

· Revocation of your license and referral to the medical advisory board

The penalties for each of these offenses are greater when you are transporting a minor. Your first and second convictions will be misdemeanors. On your third conviction, all subsequent DUI infractions will be felonies.

Keeping your License and Dealing with Insurance Issues

If you have been charged with a DUI, you have ten days to request a hearing with the Motor Vehicle Association (MVA) to keep your driver’s license. If you fail to request your hearing in this time period, your license will automatically be suspended.

A DUI conviction may also cause problems with your insurance company. Many insurance carriers will either drastically raise your rates or possibly cancel your policy once they become aware of your conviction.

It is important to consult an experienced DUI attorney immediately after you’ve been charged. He will be able to help you deal with hearings and insurance company issues. Proper representation will greatly increase your chances of reducing your sentence. A good attorney can sometimes get you a Probation Before Judgment (PBJ), which would keep your DUI offense off of your driving record so that your insurance company will never know about it.

If you have been charged with a DUI offense in the Baltimore, Maryland area, please contact the law offices of Jimeno & Gray, P.A. today to schedule an initial consultation.

Having San Diego DUI lawyers on your side means that they can represent you at any administrative proceedings that take place. One of these proceedings may be a hearing about the status of your driving privileges. So, since license suspension is a standard administrative penalty any time anyone is arrested for DUI in New York, San Diego DUI lawyers can help you by representing you during the DMV hearing that is held. You may be able to get a temporary or restricted license that you can at least use to get to work or school while you are waiting for your criminal trial.

Since DUI is a criminal offense, there are also penalties that can be imposed if you are convicted. If this is the case, your San Diego DUI lawyers can speak on your behalf prior to sentencing. Your attorney may ask the judge to grant you leniency based on any number of factors including disability, illness, having a new child at home, having to earn an income to support your family, or having to care for sick parents or children. The judge will consider this information when preparing for sentencing so while there is no guarantee that he or she will be lenient, it is still a good idea to have your San Diego DUI lawyers speak on your behalf so the judge will have all the information needed to make the right sentencing decision.

Having San Diego DUI lawyers offers many benefits for anyone who has been charged with a DUI offense. Your lawyer can help you fight the charges in criminal court, helping you retain your freedom. Your San Diego DUI lawyers can speak on your behalf before criminal sentencing takes place to create a chance for leniency during sentencing.

For more resources about drunk driving lawyer or about drunk driving chart or even about San Diego dui attorney, please check out these links.

If you are arrested on suspicion of DUI, the most important thing that you can do to lessen your chance of being convicted is to hire a DUI lawyer. Choosing the right DUI lawyer can make or break your case. Considering all of the costs of a DUI conviction, not only financial but also time commitments and emotional stress, it is well worth the effort to seek out the counsel of a skilled DUI attorney.

It can be tricky to pick a lawyer who will be able to fight your case most effectively, especially if you’ve never had a reason to hire a lawyer before. Choosing the right attorney is a bit more complex than just opening up the phone book and picking a law firm at random. You want to hire the most experienced attorney you can find. You can begin by contacting your state bar association, but be aware that because of attorney-client privilege, client reviews are not available within the legal profession as they are for many other professions.

Look for a lawyer who specializes in DUI cases. They will know all of the ins and outs of the law, and be able to fight against the admission of your blood alcohol tests or breathalyzer results. Finding a DUI lawyer in the state in which you were arrested is crucial if you want to defend yourself in court. Do not be afraid to ask your potential lawyer about their specific experience working with defendants in DUI cases similar to yours.

It is important to find a DUI lawyer who is not only experienced, but who also makes you feel comfortable with the procedure. Many attorneys offer no-obligation consultation visits, during which time they will explain what they plan to do in your specific situation. Pick a DUI lawyer who puts your mind at ease, and who you feel comfortable trusting with the outcome of your case.

Your attorney should ask a lot of questions about your background and the situation. Both can make a huge impact on the strategies used to fight your case. For example, you may wish to avoid plea-bargaining if any criminal conviction will affect your current job. Be prepared to answer questions about the circumstances of your DUI charge honestly, because your attorney needs to understand exactly what happened before preparing a defense strategy.

Your chosen DUI lawyer should understand that criminal charges bring a lot of stress to their clients’ lives, and should show interest and dedication in helping you deal with this tricky situation. A good DUI lawyer will aggressively defend your case and have both experience and positive results to show from cases similar to yours.

Don’t forget to ask about the costs associated with retaining a lawyer. You’ll want to know how much it will cost before retaining them to handle your DUI case. The costs can vary widely between attorneys, but overall it is well worth these costs if your DUI attorney is able to fight your case successfully. Though you certainly want an affordable lawyer, especially in light of the court fees and other financial costs associated with a DUI, you should be less concerned with the fees than in the lawyer’s expertise fighting DUI cases.