DUI Lawyers,,DUI Laws,Penalties

Archive for January, 2009

Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) laws vary according to the state of the offense. The most important factor surrounding any of these laws is that the repercussions are generally steep and severe. Due to the rash of drunken driving fatalities in the past half century or so, most states have enacted harsh penalties for anyone caught drinking and driving.

The DUI laws of each state define a level at which an individual is considered intoxicated. Although these levels may vary slightly, for the most part, this level does not exceed .08 blood alcohol content (BAC). Any individual caught driving with a BAC higher than the state has defined as the point of intoxication may be subject to fines, license suspension or revocation, and even jail time. The severity of the offense and the number of DUI convictions are a primary determinant in the severity of the penalty. Initial offenses may carry a penalty of a fine and mandatory attendance at a DUI traffic school or seminar. Repeat offenders may be subject to more severe penalties up to and including permanent removal of his or her driver’s license.

Generally license suspension and revocation occurs for repeat offenders. Most states have implemented a comprehensive system of monitoring the driving privileges for an individual who has had his or her license suspended but who has been granted limited driving rights. These individuals must generally employ the use of a breathalyzer system that has been installed in their vehicle and that locks the ignition if the individual fails the breathalyzer requirements.

Some DUI/DWI convictions can be expunged. Depending on the severity of the conviction and the age of the offender at the time of the conviction, it may be possible to seal the information from public access. In general, this process, and any other issues surrounding a DUI/DWI offense will require the services of an experienced DUI attorney.

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.

If you have been arrested for a DUI in Pittsburgh, PA, you are most likely going to need a proven attorney to defend your rights. Receiving a DUI Pennsylvania can also be referred to as drunk driving, driving while impaired (DWI) or the new driving after imbibing (DAI). DUI laws in PA are can be severe and your only hope can be a criminal defense attorney that specializes in DUI cases.

There are two types of cases that come after receiving a DUI. The first case takes place through the criminal court, they can assign multiple penalties including fines, jail, loss of driving privileges, mandatory alcohol programs, and more. The second case involves the Pennsylvania Department of Transportation, this is the one that can suspend driving privileges.

If you happen to be pulled over on suspicion of drunk driving, you have the right to refuse the breath, blood or urine test, however doing so will automatically result in a one year loss of driving privileges. This is because under Pennsylvania law, if you hold an operator’s (driver’s) license and are in physical control of a motor vehicle, you are deemed to have given implied consent to chemical tests.

If caught, the PA DUI laws specify that your punishment will be related to how much alcohol is in your system. The lowest level is enacted when you’re caught with a blood alcohol level (BAC) of .08 to .099. The intermediate level is .1 to .159. Anything over .16 is punished at the most severe level.

Additionally, the PA DUI laws provide for different punishments based on whether this is your first drunk driving arrest. Each subsequent arrest brings with it more severe penalties. The DUI arrests are calculated within the last 10 years. On a first time DUI, you do not have the right to a jury trial.

Last, when you get arrested for a DUI you can very likely face jail time, a license suspension, probation, community service, alcohol classes, and many fines and fees. Have a great lawyer on your side will drastically reduce these penalties and will allow you to get the best deal possible. Sometimes they can even get you out of the DUI all together and that is by far your best option.

“Alcohol is a hypnotic sedative and nervous system suppressive. Addiction to alcoholism has become a major social problem. Driving under influence of alcohol has become one of the common feature and cause of accidents today. As per studies carried out by NHTSA in 2006, Alcohol-related motor vehicle accidents under influence of alcohol kill someone every 31 minutes and injure someone every two minutes in US alone.

In 2005, 16,885 people died in alcohol-related motor vehicle crashes, accounting for 39% of all traffic-related deaths in the United States (NHTSA 2006).

In 2006 there were 17,941 driving fatalities related to alcohol. This was 41 percent of the total 43,000 fatalities.

An alcohol-related motor vehicle crash kills someone every 31 minutes and nonfatally injures someone every two minutes (NHTSA 2006).

Drugs other than alcohol (e.g., marijuana and cocaine) are involved in about 18% of motor vehicle driver deaths. These other drugs are generally used in combination with alcohol (Jones et al. 2003).

Each year, alcohol-related crashes in the United States cost about $51 billion (Blincoe et al. 2002).

Most drinking and driving episodes go undetected. In 2005, nearly 1.4 million drivers were arrested for driving under the influence of alcohol or narcotics (Department of Justice 2005). That’s less than one percent of the 159 million self-reported episodes of alcohol–impaired driving among U.S. adults each year (Quinlan et al. 2005).

Half of all holiday driving fatalities are alcohol-related.

Most people with DUIs are not alcoholics.

About 80 percent of alcohol-related fatalities are caused by beer consumption.

About two in every five Americans will be involved in an alcohol-related crash at some time in their lives. (NHTSA, 1996)

In 2004, 30 percent of all fatal crashes during the week were alcohol-related, compared to 51 percent on weekends. For all crashes, the alcohol involvement rate was 5 percent during the week and 12 percent during the weekend. alcohol-related crashes tend to be much more serious.

It is estimated that 2.6 million drunk driving crashes each year victimize 4 million innocent people who are injured or have their vehicles damaged.

Male drivers involved in fatal crashes were nearly twice as likely to have been intoxicated (21.8%) than were females (11.2%).

18-20 year olds are responsible for more than 10 percent of the drunken driving trips in America.

More than 2,300 anti-drunk driving laws have been passed since 1980.

In addition to possible jail time and fines, a DUI conviction is cause to have your insurance policy revoked and rates to skyrocket. Many people will be forced to get SR-22 insurance.

Ways to Avoid Driving Drunk:

Get a designated driver.

Drink at locations within walking distance of your home.

Call a cab.

Search for services that will take both you and your car home if you are drunk.

Look for public transportation in larger cities.

Ask the bartender for help and let him know if you are the designated driver.

Offer to pay for a cab or drive friends home if they are drunk.

Drink nonalcoholic beverages.

Life is precious. It is in our hands to curb this menace.”

Shopping around for an Oakland DUI Attorney can be a hard task at hand. If you have some time to look for a lawyer, then one way you can find a reliable and good one is to ask friends and family members that have been in the same situation. This was one way that I was able to avoid the lawyers that were bad. From talking to friends and family, I heard about a lawyer who I was considering to hire, and from experience of friends, they told me that he did nothing and was horrible.

Because you are spending your money on a DUI lawyer, you want to make sure that you are getting your money’s worth. You do not want to pay out a lot of money to find out that your attorney is realtively inexperienced in the DUI defense field. If you are looking for an Oakland DUI attorney, you can search for one and then check his or her credentials on MartinDale.com. Sometimes are you able to find the attorney’s name on the internet along with some reviews and ratings. You can also get recommendations from other attorneys on who might be able to help you the best.

Ask the Oakland DUI attorney how many successful cases he or she has won. Also, another important fact is how many times the charges were reduced because of the attorney’s work. Sometimes the lawyers will have a section on their website stating how many cases they have won, and a brief description of what the client was up against.