DUI Lawyers,,DUI Laws,Penalties

Archive for March, 2009

When a police officer pulls you over for suspicion of driving/drinking under the influence (DUI), the first question he/she will generally ask is how much you had to drink today/tonight. Most people assume it’s safe and in their best interest to comply with an officer’s request and answer any of his/her questions. However, the best thing you can do for yourself is to not say a thing. While you are obligated to give the officer your driver’s license and proof of insurance, you don’t have to say anything further. You don’t have to say anything when you’re on the side of the road or when he/she has arrested you for suspicion of DUI. You shouldn’t say anything else other than to request a DUI attorney. There’s no reason for you to answer the cops’ questions without your attorney present.

However, if you feel like you need to unburden yourself to an officer, do it politely and pleasantly. Never argue with the cops. Remember that what you do is just as important as what you say; cops will watch your body language so they can use it against you in court. The majority of people think they are innocent and end up ruining their case by talking to the cops during the DUI arrest. Save any arguments for your court date. If you feel you must answer the cop’s questions during the arrest, make sure you do it truthfully. If you lie, it can damage your credibility in the court’s eyes. However, it is generally always best to simply tell the police officers that you would like to speak with a lawyer and will not be answering any more questions until you do.

Under no circumstances should you reveal your recent activities to the cops, whether you give it to them willingly or when questioned by the police. Those activities may actually hurt you worse than you think. You should also never tell the cop who pulled you over that you’ve had “one or two beers” because this is probable cause for suspicion of DUI. When you’re quiet, your legal representation has a much easier fight in court.

Many times an arresting officer will try to make “small talk” but what you say then can also hurt you. Believe it or not, what he/she is doing is trying to find out if you are intoxicated. When people drink, they often slur their words. The officer is looking for this. He’s also trying to smell your breath for alcohol. These signs will be used as evidence against you in a court of law.

Remember that anything you give to the cop during the DUI arrest will be used in the case against you. From the moment you are pulled over, do not give out any information. Statements you make out of court make it difficult for the DUI lawyer to save you from jail time or fines, possibly both. Remember that answers to questions asked by the arresting officer is evidence, something he/she wouldn’t have otherwise. It’s perfectly fine to take the fifth during the DUI arrest.

DUI laws seem to be constantly changing. At any given point, multiple state legislatures may be debating new laws that change how drunk driving is charged, how evidence is collected and what penalties are handed down for convictions.

Consider, in the first three months of 2009:

Two states passed new DUI laws (Utah and New Mexico) New DUI laws went into effect in two other states (Illinois and South Caroilna) Eight states are currently debating changes to their existing DUI laws (Oregon, Rhode Island, Kentucky, Kansas, Wyoming, Louisiana, Maryland, West Virginia)

With drunk driving laws changing so rapidly in so many states, what can you expect if you get pulled over?

During your traffic stop

A police officer must have “probable cause” in order to pull you over on suspicion of drunk driving. Reasons for a traffic stop may include:

Erratic driving, such as swerving in and out of lanes Failure to stop at a stop sign or red light Illegal turn Driving with headlights off Stopping in the road for no reason

Once you have been pulled over, a police officer may ask you to perform field sobriety tests (such as the one-leg stand test). The officer may also ask you to submit to a breath test. Using a small machine, such as a breathalyzer, you breath into a tube and the machine uses the breath sample to gauge blood alcohol content, or BAC.

Some of the new DUI laws being considered are making it easier for police officers to get the search warrants needed for a blood sample, used to determine blood alcohol content. Some states are also increasing the penalties for anyone who refuses a breath test.

DUI Penalties

The penalties for drunk driving vary widely from state-to-state. In general, drunk driving sentences for first-time offenders will include:

Jail time Fines Driver’s license suspension

Some states DUI punishments may also include:

Ignition interlock device use Community service Alcohol rehabilitation program Vehicle seizure

The penalties for a DUI conviction increase, sometimes dramatically, for multiple DUI arrests. There may also be additional penalties for anyone that refuses a breathalyzer during a DUI traffic stop and is later convicted.

Most of the new state DUI laws increase the punishments for DUI convictions, whether it’s a first-offender or someone with a history of drunk driving.

The most common changes include increasing fines and jail time, but the use of ignition interlock devices is also on the rise.

Ignition interlock devices must be rented, installed and monitored at the driver’s expense. Once installed, the devices require the driver of the car to pass a breath test or the car will not stop. Typically, the driver must also pass additional tests while driving.

The devices also have built-in features, such as digital cameras, to prevent tricking the machine or altering test results.

In many US states, DWI is used as an alternate term for DUI. Driving in Canadian County, though, while under the influence of alcohol can trigger either a charge of DWI or DUI, which are two different types of offenses in Oklahoma. DUI lawyers in the state are well-versed in the differences of these two cases, in addition to a third type of drunk driving case, known as APC.

Oklahoma is among the states that have the “per se” law, which means that a case may be filed against a driver based solely on the individual’s blood alcohol content, regardless of the actual capacity to drive. In essence, a driver whose blood alcohol content or BAC reaches .08 percent triggers a charge of DUI.

The penalties for DUI conviction in Oklahoma include fine and imprisonment of up to one year. There is also the possibility of having to go through alcohol treatment if the BAC reaches at least .15 percent, as well as the installation of ignition interlock devices on all the driver’s vehicles and community service of up to 480 hours.

In contrast, DWI is considered a lighter charge in Oklahoma, being filed against drivers with a BAC below .08 percent. As such, a guilty verdict for DWI usually brings in lesser punishments, but they may as well be severe.

Lastly, Actual Physical Control or APC is a closely related charge to a DUI. Driving in Canadian County or in the other areas within the Oklahoma jurisdiction is not a requisite, though, as opposed to DUI. It is even usual for parked drivers to be arrested as long as they are under the influence of alcohol and/or drugs, and are in a position to readily drive or operate the vehicle should they want to.

It is best for anyone arrested for drunk driving in the state to have Oklahoma DUI lawyers explain the subtleties of such cases and provide assistance in navigating its complex judicial system.

RESOURCE BOX:

Drivers facing a charge of APC, DWI, or DUI driving in Canadian County may seek legal advice and representation from Atty. James Todd. Also practicing in Cleveland and Oklahoma Counties, the lawyer is a former police detective and felony prosecutor, enabling him to examine a DUI case from both perspectives. He is among the fine Oklahoma DUI lawyers listed on the national directory of DUI defense attorneys, 1800DUILaws.com. Contact Atty. Todd by visiting http://www.1800duilaws.com or call 1-800-DUI-LAWS.

One of the largest expenses you will incur when you become a driver is car insurance. For teenagers just starting to drive the cost of insuring your vehicle can often be more than the vehicle costs to buy. While you are never going to buy genuinely cheap insurance, there are things you can do to reduce your costs such as undertaking driver education.

A great way for teenagers to learn to drive properly is to take advantage of driver education courses that are held in school. The real advantage of learning to drive this way is the closed environment that the course takes place in, and with simulated traffic conditions, you will get hands-on driving experience while avoiding the heavy traffic you might find on the highways.

Classroom teaching will cover all the driving laws and the theory of driving and at the same time it will cover the rights and responsibilities that goes with driving. The student needs to understand all the technical aspects of driving such as managing intersections and moving in traffic, as well as the meaning of all the road signs. Some courses will even teach students how to check their oil level and change a flat.

A good deal of this type of training will focus on driver safety; you will cover areas such as how to drive in different weather conditions, and what activities are unsafe while you are driving like using a cell phone. Defensive driving will also be part of your tuition; you will learn how to steer out of a skid and what to do if you spin the car.

One very important part of the course is designed to impress on teenagers just how serious it is not to drive while under the influence of drink or drugs; first they will get a talk from a teacher, followed by a film demonstrating the effects of driving under the influence. It is the film which has the most impact on young people leaving these courses with the right attitude towards DUI’s.

Another important topic covered is keeping your vehicle in good shape, and how this can help you avoid causing danger to themselves and other drivers. If they are involved in an accident, they are taught what to do, but the focus is mainly on preventing them in the first place.

Overall, the main objective is to get the students to graduate with the right attitude towards driving safely, showing them that they can’t afford to be irresponsible or too overconfident as these types of behaviors are dangerous in themselves.

The education classes play an excellent role in developing safer drivers, which is why they are recognized by the insurance companies who will often quote reduced rates for car insurance. For teenagers it is a way of learning the right way to behave on the highway, and save some money at the same time.

If you are ever pulled over and arrested under suspicion of DUI then it’s important that you get yourself a reliable DUI lawyer. Choosing the very best DUI attorney will help to fight against your case. A conviction of DUI doesn’t just cost you money, but it also puts stress on your relationships, and also damages your commitments. It’s essential that you find yourself a reliable DUI attorney because they will be able to make sure your case goes as smoothly as possible.

It can of course be very difficult to choose legal representation which will be able to fight against your case, this is especially true if you’ve never actually had need for an attorney before. This will take much more effort than simply choosing a firm out of random from the phone book. You need to choose a law firm which has enough experience. You may find this easier by contacting your local state bar association, however be aware that you will not be able to get reviews from other clients because of confidentiality.

There are lawyers who specialize in all sorts of cases, it’s important that you choose one with specialist knowledge in DUI cases. These will know everything about the law and be able to fight your case as strongly as possible. The right DUI attorney will even be able to argue against breathalyzer or blood alcohol tests. The DUI laws change depending on the state and that’s why it’s important to choose a lawyer from the state where you were arrested. When choosing representation it’s a good idea to ask about their experience.

Don’t focus too much on experience as it’s also very important to choose a lawyer who will be able to put you at ease. Most DUI lawyers will offer the first consultation for free, and this will give you a chance to get to know them and find out what they will do. Choose a DUI attorney who makes you feel comfortable and that you trust.

Any good attorney should be asking lots of questions about the situation, including your background. These factors can dramatically change your case. If you have a job which would be affected by a criminal conviction then you might avoid plea-bargaining. You must answer all of these questions honestly, remember that the DUI lawyer is working for you and needs to know the truth to find the best way to get you off. Before the attorney can prepare the best plan for you they first need to know everything about your circumstances. The mere threat of criminal charges is very stressful for anyone and that’s why your DUI lawyer should help you to deal with this problem. Good legal representation will be able to defend you and have plenty of experience.

Lawyers don’t come cheap, so don’t forget about the costs that you will have to pay. You need to make sure you know exactly how much they will cost before you choose one. These costs can vary depending on different attorneys. By choosing carefully you should be able to get the best value for money. Court costs and all other associated costs are expensive and so you will no doubt be looking for affordable DUI legal representation.

Here we have considered the problems that one may face at the time of DUI conviction. When someone gets involved in such a case, consulting a DUI lawyer can be the right course of action. There are various challenges that you might have to overcome. For all such things you can trust a criminal lawyer who can present your case well.

At The Time Of First-Time Conviction, You May Have To Go Through Following Hearings:

*  Imprisonment of up to one year can be sentenced to the convict.

*  Imprisonment may further add up to six more months in case any child under 16 years of age was there in your vehicle.

*  You may have to pay a fine of up to 2,500 dollars. This fine may add a minimum of  500 dollars in case your Blood Alcohol Concentration (BAC) level is found above 0.16. Further, this fine will add up another 1,000 dollars in case any child under 16 years of age was there in your vehicle.

*  Your license can be canceled for a minimum of one year.

*  The vehicle registration can be suspended.

*  You may have to do community service for a minimum of 100 hours if your BAC is found above 0.16. This punishment of community service would further go up to 25 days in case any child under 16 years of age was there in your vehicle.

No doubt one has to go through such trials when they are found guilty of such cases. But a DUI lawyer gives advice regarding your case. S/he will be the right person to guide you and show you the right direction. It is therefore important to seek a DUI lawyer who can handle the whole case.

At The Time Of Second-Time Conviction, You May Have To Go Through Following Hearings:

*  Imprisonment of up to one year is possible, and within this 5-day period or 240 hours of community service is mandatory. Imprisonment will add up to two more days if BAC is found above 0.16.

*  Imprisonment of up to 1 to 3 years if any child under 16 years of age was there in you vehicle. This case is also referred to as felony aggravated DUI.

*  You may have to pay a fine of up to 2,500 dollars, which will add 1,250 dollars if BAC is found above 0.16.

*  Driving license and vehicle registration may be suspended for minimum 5 years.

*  Your DUI lawyer is the best person to represent you when you are faced with the difficult questioning sessions in court. A lawyer would be able to handle all this with ease. 

At The Time Of Third-Time Conviction, You May Have To Go Through Following Hearings:

*  Your imprisonment time period will be extended from 3 to 7 years.

*  Imprisonment of at least 90 days will be added if your BAC is above 0.16.

*  Imprisonment of up to 1-3 years will be given if any child under 16 years of age was in your vehicle.

*  Fine of up to 2,500 dollars will have to be given, which will add 2,500 dollars more if BAC is above 0.16.

*  A mandatory fine of 25,000 dollars would have to be paid if any child under 16 years was in your vehicle.

*  License would be suspended and vehicle registration would be canceled.

DUI lawyer can help you in times when you need them the most. There are numerous attorneys who can actually assist in cutting down the imprisonment period by presenting the case in a positive context. Then, there are DUI attorneys like Michael T. Norris and John W. Callahan who can save one from a severe DUI charge.

or your friend has been held by the authorities for DUI offense in Florida, you must contact a lawyer immediately. DUI/DWI offenses are already categorized as either misdemeanor of felony charges. You also have to take note that DUI offenses differ from one state to another.

Handling the case of DUI is very complicated because the laws are changing. DUI does not only focus on alcoholit also applies to the use of controlled substances.

Many drunk driving cases can carry significant penalties, including jail or prison time. If you feel you have been falsely accused of DUI, we urge you to contact a qualified attorney immediately so that he can build your best possible defense.

It is important that you choose a criminal defense lawyer who primarily dedicates their practice to DUI defense, because they know the DUI laws and drunk driving consequences in your state.

The offenders for DUI should be provided with a good criminal defense lawyer who habitually performs the drunk driving defense and should be a qualified DUI lawyer.

It also conveys that the lawyer has practiced good counseling for those who are held for DUI offense and DWI for many years and comprehensively understands the problems associated with drunk driving arrests and charges.

Since the Department of Motor Vehicles has asked police to take licenses of a driver upon a drunk driving arrest (administrative license revocation), some persons are immediately interested in getting their drivers licenses back.

Meanwhile, the issue of a drinking problem or substance abuse is a subject that the DUI, DWI or drunk driving offender may be faced with. There is a good possibility that the drivers license could be gone for as much as years? It will depend upon all the circumstances of the situation.

A good defense attorney will closely examine the facts in your particular case and will determine your best and most effective defense. These breathalizer tests are far from infallible, and an experienced defense attorney can often throw the credibility of the results into question.

You should seek a consultation with more than one drunk driving defense lawyer on the phone or in person about the facts of your case. Your lawyer will need to review field sobriety tests, the initial police stop, the arrest and any breath or blood testing to determine where to find weaknesses in the prosecution’s case against you.

Your lawyer will also observe if the chemical test was appropriately monitored under the conformation of the law. He will also subpoena the maintenance and calibration records of breath test machines used in your case.

He will summon the officer’s training records to make sure that his client has been properly treated in the use of breath test machine. Then he will obtain an independent Lab test of any blood sample to be sure the test result provided by the police is accurate, and that the sample is properly preserved, and has not been contaminated.