DUI Lawyers,,DUI Laws,Penalties

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Driving under the influence can mean driving under the influence of drugs, alcohol, or both types of substances. No matter what type of substance is used in an offense, driving under the influence can cause serious injuries and property damage. In most states, DUI (or DWI as it is called in some states) is a misdemeanor charge. But, this can change if aggravating factors are present or if you’ve had multiple convictions within a specific time period. Aggravating factors can include injuries or property damage caused by DUI accidents, having a child in the vehicle while the offense is being committed, or having a blood alcohol level that is considered extremely high. Being knowledgeable about the consequences of DUI accidents can help you to better understand DUI law and perhaps help you avoid serious criminal charges.

Bodily Injuries – In many states, special provisions exist in the DUI laws that allow judges to impose harsher penalties if you’ve caused bodily injuries as a result of a DUI accident. These bodily injuries are often serious and can include broken bones, collapsed lungs, and even paralysis in the more serious accidents. These increased penalties make it possible for you to receive longer jail terms, increased fines, longer probationary periods, longer license suspension or revocation periods, and increased requirements for insurance and alcohol treatment and evaluation. These increased penalties are in place to deter drivers from driving under the influence and keep the roads safer from DUI accidents.

Fatalities – Some states have provisions that allow prosecutors to charge drivers with vehicular manslaughter and driving under the influence if any fatalities occur as a result of an accident caused by a driver charged with DUI. Many factors can influence how a DUI offense is charged including blood alcohol concentration levels, other crimes committed during the same offense, number of prior DUI convictions, etc.

Criminal Charges – If you are arrested for DUI, you will be charged with driving under the influence. This is a criminal offense and you will need to go through a criminal trial where a prosecutor will attempt to show that you are guilty of the crime. If you are convicted, you can face a number of penalties that vary from state to state and may also be dependent upon any special circumstances regarding your case.

Administrative Penalties – When you’re arrested for driving under the influence, you’ll experience administrative penalties through your state driver licensing agency. Some states offer a hearing process that may allow you to get your license back until your trial, but this can be a difficult task to accomplish. Hiring a qualified lawyer who specializes in DUI cases may be your only chance for getting your license back if that’s even an option in your state. A skilled attorney can represent you during administrative proceedings and speak on your behalf, possibly minimizing your penalties.

Criminal Penalties – The criminal penalties for driving under the influence can vary quite a bit from one state to another. Most states can impose penalties that include jail time, fines, court costs, probation, suspension or revocation of driving privileges, ignition interlock device installation, alcohol and drug education programs, and additional insurance requirements for DUI offenders. These penalties are imposed based on many factors including prior convictions, aggravating circumstances, and other information from each individual case. Some states are stricter than others when it comes to imposing penalties for driving under the influence. A first offense in one state may get an offender some community service time, a license suspension, and mandatory participation in an alcohol education program while a first offender in another state may spend several days in jail, have a longer license suspension, and have to attend more alcohol education classes. The hashness of penalties for driving under the influence begin at the first offense and escalate if you accumulate additional convictions.

DUI Attorneys – Hiring a lawyer who specializes in DUI cases is one of the best things you can do if you have been charged with driving under the influence. You’ll have better access to the resources you need to defend yourself and you’ll also have a legal professional on your side that can help you prepare for your criminal trial. No case is ever a sure thing, but having a DUI lawyer on your side is one of the best ways to achieve a successful outcome.

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.

When it comes to dealing with the consequenses a DUI arrest, experience counts, especially when choosing a DUI lawyer. Although the penalties for a first time DUI conviction are serious, they can be life altering for the person who faces the court with a prior DUI conviction. Choosing the right DUI lawyer can have a significant effect on the outcome of your case. Unfortunately, many people lack the experience necessary to find the most qualified and skillful DUI representation possible.

DUI Penalties Are Serious – Among the penalties for DUI are the loss of the driving license, steep fines, and incarceration. The length of DUI related jail time has increased dramatically over the past decade, as have the fines. In some areas, a DUI can result in the forfeiture of your vehicle. You’ll probably also see that a DUI conviction will substantially raise your car insurance rates for years.

Because of the severity of the penalties, it is essential to engage the services of an experienced, aggressive DUI lawyer. There’s a great deal of specialization in the legal field, and a DUI lawyer can guide tou thru the court system and help sift through mandatory and subjective penalties, working towards the best outcome.

Why Choose A DUI Lawyer? An experienced lawyer, specializing in DUI cases, is aware of the complexities that are part of all DUI cases. For example, it’s debatable about how well roadside equipment is able to reliably and consistently make the sensitive measurements upon which the arrest is based. A knowledgeable DUI lawyer will know that certain health issues can affect the results of the tests used to detect that you’re driving under the influence. There are numerous bits of specialized, important knowledge that DUI lawyers have that can help you, which is why finding the right lawyer is so important.

We Make Finding Your DUI Lawyer Fast And Easy – Most people have little experience in choosing quality representation and during the crisis of a DUI, they can feel overwhelmed by all of the options, or feel pressured to make a quick decision. This can result in a poor or harsh outcome to the case. There’s no need to let that happen.

We make finding a DUI lawyer much easier for you. We’ve done the research for you so you’ll be making an informed decision when searching for a lawyer with the specialized, knowledgeable legal representation you need to assist you in managing your DUI case.

By informing you of the many options available, we can help you to feel greater confidence in making the decision of which DUI lawyer you will choose to represent you. When you’ve been arrested for DUI, it’s serious situation, and experienced, effective representation by a specialized DUI attorney is an essential part of obtaining the best possible outcome.

When an officer pulls a driver over in the dark evening hours, he or she is on the alert to see if the driver is under the influence. He or she begins observations when approaching the car.

As the driver rolls down the window, the officer is checking to see if the driver smells of alcohol, if the eyes are watery or bloodshot, if the driver is having trouble retrieving his or her license, and if the driver’s speech is thick or slurred. If the officer does not have reason to believe the driver is under the influence, he or she must allow the driver to drive off. The officer cannot order the driver out of the car to complete the field sobriety tests unless he or she has probable cause to continue the investigation.

Smell of alcohol

The smell of alcohol may be in the car even if the driver is not the one who’s been drinking. If there is a passenger, the passenger may have been drinking. If the driver has been in a bar, he or she most likely smells of stale cigarette smoke and alcohol, even if he or she had nothing to drink.

Blood shot, watery eyes

Blood shot, watery eyes may have several causes. The driver may be operating on very little sleep, may have worked all day at a computer terminal, may be suffering from a cold or allergies, or may look as he or she always does. Remember that the officer has never seen the driver before and has nothing to compare his or her observations to.

Trouble with finding the license

People organize wallets in many different ways. Some don’t separate their credit cards from their driver’s license. And some people couldn’t find their license if they were stone sober in broad daylight. This factor alone says nothing about the driver’s state of sobriety.

Slurred speech

While an officer may associate slurred speech with driving under the influence, it may also be a side effect of certain medications or medical conditions. Remember the officer has never spoken to the driver before and therefore, has no idea how his or her voice "should" sound. If the topic comes up in court, the officer should be questioned on how many other times he has spoken to the driver (none) and how the driver’s voice was different from his or her usual speaking style.

While the officer may assert that some or all of these factors are indicative of intoxication, an experienced attorney knows there may be an innocent explanation.

For this and more information on criminal law and drunk driving go to:

www.gottrouble.com/legal/criminal/drunk_driving/index.html

Driving under the influence is a rapidly growing problem in the United States. Many states have enacted tougher DUI laws to prevent the problem from growing further and to help people understand the serious consequences of driving under the influence. A major problem for many people is that they don’t know the laws or don’t understand how serious DUI is if they are convicted.

A Review of DUI – DUI is a criminal offense in all 50 states. It’s often a misdemeanor offense, but can be a felony under certain conditions. Several prior convictions can mean a felony charge in most states and some states have terms that outline aggravating factors that can result in a misdemeanor charge being elevated to a felony charge. Some of the more prevalent aggravating factors are having an extremely high level of blood alcohol concentration, driving under the influence with a child in the vehicle, or causing property damage or serious bodily injuries while driving under the influence.

Many states have two ways in which a DUI case can be prosecuted. One of these is based on the physical impairment of the arrested individual. In this instance, the prosecutor focuses on trying to prove that you were too impaired to safely operate a vehicle at the time of the arrest. Testimony may come from law enforcement officials and focus on your appearance, performance of sobriety tests, driving behavior, and other factors that may show you should n’t have been driving. The second way is often known as the per se DUI theory. This is where the prosecutor will base his case on the results of chemical testing done at the time of your arrest. If the test results show that your BAC exceeded the state’s legal BAC limit, then the prosecutor can show that your were guilty of DUI even if you didn’t appear to be impaired.

Reviewing Administrative Penalties – In most states, you’ll lose your driving privileges if you are arrested for driving under the influence, even if you are eventually found not guilty of the charge. That doesn’t seem fair, does it?

Some states have an appeals process where you can appeal your suspension in writing and then get a hearing to determine the status of your driving privileges. If you don’t have a qualified, experienced DUI lawyer to represent you during your appeal hearing, you may lose out on the opportunity to get a temporary license that you can use to drive until your trial date. This means you won’t be able to get to work, drive yourself to medical and dental appointments, pick up your kids from school, or do any of your normal daily activities that require driving.

Reviewing Criminal Penalties – Since DUI is a criminal offense, there’s a wide range of criminal penalties available. In most states, these penalties can include jail time, fines, court costs, alcohol and drug education, alcohol treatment, ignition interlock device installation, community service and probation. The sentencing will depend on a variety of factors, including the number of prior convictions, aggravating circumstances present in your case, and other circumstances. If you have a qualified DUI attorney, he can speak on your behalf prior to your sentencing and ask that the court be as lenient as possible. If you have accumulated several convictions, however, it is unlikely that you will be sentenced to anything other than the maximum penalties allowed by law since you have broken the law several times.

Reviewing Benefits of DUI Attorneys – You’ll gain many benefits when working with an attorney who specializes in DUI defense. These benefits include better access to expert witnesses, more specialized knowledge of DUI law, and more experience defending people charged with DUI offenses. Going it alone or working with a public defender or non-specialist lawyer can mean you may not be getting the best possible defense. Choose to work with a DUI attorney and you’ll have a much better chance of winning your case and being able to move on with your life.

Operating an automobile safely is difficult enough under the best conditions, but add the effects of alcohol or other mind altering chemicals and the task can become nearly impossible. A large portion of traffic deaths and serious accidents are caused by alcohol or drug-impaired drivers, although because of their loose state, many of them survive the incidents without serious injury. This has led all 50 states to establish strict laws concerning drivers who operate vehicles while under the influence of drugs or alcohol. In some states, violation of these laws is called DUI, or driving under the influence. Other states refer to this violation as DWI, short for Driving While Intoxicated.

Many state DUI laws were developed in response to federal highway funding mandates. In order to qualify for federal road maintenance revenues, individual states were compelled to define a legal age for alcohol consumption and laws defining the legal level of intoxication (alcohol blood level) for drivers. Most states established a legal drinking age of 21 years, although some allowed the consumption of low-alcohol beers and wines at age 18. Later federal highway mandates encouraged all states to agree to a uniform drinking age of 21.

If a law enforcement officer observes suspicious driving behavior, they can legally perform a traffic stop of that vehicle. A strong odor of alcohol, slurred speech or general incoherence can lead to a field sobriety test to roughly determine intoxication. A DUI charge cannot be issued through suspicion alone, however.

If the driver fails to demonstrate the capacity for rational thinking and motor skills during these field tests, the officer can then ask permission to perform a blood alcohol content test, commonly abbreviated BAC. In a DUI case, the test must show a percentage of alcohol in the driver’s bloodstream over a legal limit. In many states, this legal limit for DUI is .10% BAC, although many states have adopted a lower .08% BAC.

The legal blood alcohol level for drivers under the legal drinking age can be as high as .02% or as low as absolute zero. If any driver demonstrates a BAC over the legal DUI limit, he or she can be charged with a DUI immediately and booked into a holding cell for at least enough time to become sober again. Some law enforcement officers may use a special breathalyzer to determine BAC, which is seen as less invasive than the standard blood test. Because a person’s BAC lowers over time as the alcohol is processed by the body, police officers must gather evidence quickly to establish a DUI charge. DUI suspects may also refuse to take a BAC test or call a lawyer for legal protection from interrogation.

Many states have a progressive DUI policy, which generally means that a first-time offender may not receive the maximum penalty allowed under the law. A judge can use some discretion when sentencing those convicted of DUI, especially if the accused pleads guilty and demonstrates remorse for his or her actions. Generally speaking, a first DUI conviction could lead to a revoked driver’s license for up to a year, a substantial fine and/or community service, and several penalty points when your driving rights are eventually restored. More serious DUI penalties could include prison time, court-ordered alcohol rehabilitation and a lifetime suspension of your driver’s license.

If you or someone you know is charged with a DUI or DWI and need legal help; there are many resources on the web. One resource that I would recommend is http://www.handelonthelaw.com