Monday, November 16, 2009

DUI Lawyers In Colorado

Any person that has been arrested in Colorado for a charge of driving under the influence would be wise to have a Colorado DUI/DWI lawyer working for them. This lawyer will make sure that your rights are not violated in any way and that you will get the fair treatment in court that you deserve. This is especially true if you believe that you are innocent of the charges against you.

Although it may seem that a case of drunk driving is straightforward, it is not as easy to prosecute as you might think. In Colorado, the arresting officer does have to give you a sobriety test to prove that you cannot drive your vehicle safely. A blood alcohol test can also tell how much alcohol you have in your system, but the prosecuting lawyer has to be able to prove that the arresting officer did everything by the book. For example, you should have been properly advised of your rights and the Breathalyzer was working properly. This is where a Colorado DUI/DWI lawyers experience comes in handy and they will know exactly what to look for.

A Colorado DUI/DWI lawyer knows all the steps needed so that the judge will take a critical look at the prosecution’s case against you. Each case is unique and has individual circumstances, which means that you may not get off with the charges. However, having a lawyer on your side makes things easier and you may get a reduced penalty. This is because the lawyer you choose will insist on seeing the names of all the witnesses that may be called so that they can prepare the right questions to ask.

A Colorado DUI/DWI lawyer will also want to see any information or material that the prosecution has that could attest to your innocence. He/She will also want to have tests done to make sure the equipment was working properly and proof that you were advised of your rights.

Monday, November 2, 2009

DUI Lawyers In California

In California the law states that it is unlawful to drive a vehicle with a 0.08 percent or more blood alcohol level. If you are facing a charge such as this, the best thing you can do for yourself is hire a California DUI/DWI lawyer. You will find that in doing this you will take a large amount of pressure off your shoulders and you can concentrate on other things while your lawyer does all the work. When you are stopped, you can’t refuse the Breathalyzer test, but that doesn’t mean you are automatically guilty. There are many factors that will be considered by a good lawyer once you get to court.

When taking the Breathalyzer, there are factors such as dental work trapping alcohol in the mouth, which can cause a false reading. Also, speeding in itself is consistent with being sober as well as being under the influence and if you do a field sobriety test a good California DUI/DWI lawyer can use this to help your case. In the right hands, your case may be dropped from court, or your penalties may be significantly reduced because of working with a skilled DUI/DWI attorney.

In California, you can refuse to take a field sobriety test. The police will not tell you this, but you can refuse it without any consequences. After you have been arrested, they will tell you that you have a choice of chemical tests that you can take. Your California DUI/DWI lawyer will examine the procedure that was taken in doing those tests to see if the right procedures were taken on your behalf. If he/she finds anything amiss, it can be used to help your case in court.
A California DUI/DWI lawyer can help you immensely when it comes to a drunk driving charge and will examine your case in detail to find out if there is something they can use to get your case dismissed or to help you if you find that you have to go to trial.

Monday, October 26, 2009

DUI DWI Information & DUI DWI Lawyers In Arkansas

When you are faced with a DUI/DWI in Arkansas, the best thing you can do for yourself is contact an Arkansas DUI/DWI lawyer. This is the first thing that you should do to ensure you get the justice that is due you in a court of law and a good lawyer will see that you do. These people deal with the courts on a daily basis and know the ins and outs of court procedure and can make it work in your favor. In Arkansas you will have to take to a Breathalyzer test and although you can’t refuse this, there is also the factor of human error as well as an error with the machine that can be disputed in court.

There is no blood alcohol calculator that is completely accurate and an Arkansas DUI/DWI lawyer can use this to your advantage. There are many factors that come into play with these samples such as the consumption and the burn off rates of the alcohol. Your gender will play a roll into this as well. Since males and females burn off alcohol at different rates, their metabolism is different.

You will find that your lawyer will use any health issues to your advantage. He/She will check such things as how much food you consumed before drinking and the amount of time that elapsed from the time you drank to the time you were stopped. As you can see, there are many advantages to having a lawyer when you are facing DUI/DWI charges.

An Arkansas DUI/DWI lawyer will choose from the smallest to the largest of details to use in court to help you fight this charge. He/She knows the court system very well and is not intimidated by it. Arkansas has it’s own legal limit for drinking and although this may sound very clear-cut, in the hands of a good lawyer there are many reasons you may walk away from the charge free and clear or at least with a greatly reduced sentence.

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DUI Lawyers In Alaska

If you live in Alaska and you’re facing a DUI/DWI charge, the best thing you can do is seek legal advice. This is a serious charge and a lawyer can help you in many ways, but most of all they will be sure that you get a fair trial. An Alaska DUI/DWI lawyer knows that there are times when procedure is not always followed correctly by the authorities and knows where to look to find out if you have been advised of your rights or other procedures from the time you were stopped for DUI/DWI.

Engaging the services of an Alaska DUI/DWI lawyer will take the stress off you while going through this procedure. You can know that your trial is in the hands of experts that know what to look for and how to follow-up on laws that could work to your benefit. Alaska lawyers will look into such things as the conditions of the roads at the time of the arrest or if a blood sample was given at the hospital. They will consider if you were misled into giving that blood sample without a full explanation of why you were giving it. A good lawyer will object to this being used as evidence in a court of law.

In Alaska, it is against the law to refuse a Breathalyzer test when you’re stopped for a DUI/DWI but a good lawyer knows this also goes against the Fifth Amendment and will use this to your advantage if necessary. It is a traumatic time going through this kind of event but with a good lawyer behind you it will make things so much easier to know you are in expert hands. It is imperative that you contact a lawyer as soon as you’re charged so that your lawyer can help you through the process step by step.

Wednesday, October 14, 2009

DUI DWI Information & DUI DWI Lawyers In Arizona

If you have been arrested for a DUI/DWI it doesn’t have to ruin your life. When you put your trust in an Arizona DUI/DWI lawyer you will find that most of the worry and stress is lifted from your shoulders and it will give you the assurance that you need to know that someone capable of dealing with such matters is there for you. The most important thing you can do for yourself is contact legal help.

When you get an Arizona DUI/DWI lawyer he/she can review your case for defects. They can work to suppress evidence and examine such things as calibration and maintenance records concerning the Breathalyzer machine. They know what to look for to make sure you have received the rights you are entitled too. A good lawyer can have blood samples of blood independently analyzed. They can also obtain witnesses that may help strengthen your case.

An Arizona DUI/DWI lawyer knows how to make the proper motions to force the prosecutor to prove that all the steps that were used in your arrest were done properly. If they can’t prove this, then it weakens the case against you. You will be getting a lawyer that knows the procedures of the courts and can guide you through the legal system with your best interests in mind. They will gather information that the prosecutor has which could show that you are not guilty of this charge or it could result in a lighter sentence. They will also make the prosecution prove that you were advised of all your rights.

When you’re going through a traumatic time such as facing a DUI/DWI charge you really need the help of an experienced legal professional. This will not only take the pressure off you, but it will also improve your chances of you winning your case. An Arizona DUI/DWI lawyer can do this for you.

DUI DWI Information & DUI DWI Lawyers In Alabama

When you are charged with a DUI/DWI in Alabama, then you need to seek the help of an Alabama DUI/DWI lawyer immediately. It doesn’t matter if it’s your first offense or your fourth, you need legal help to fight this. Lawyers know the law and they know if you were advised of your legal rights from the time the police stopped your vehicle to the time of your court appearance. If this is your first offense, then it is important that you get legal advice so that your lawyer can fight to get you acquitted. A first offense goes on your record and with each additional offense the punishment will get harsher. So you can see the importance of having someone there that knows the intricacies of the law. A lawyer will see what you may overlook. They know there are technicalities that can be used and that the authorities that have charged you with the DUI/DWI must take the proper procedures.

When you retain an Alabama DUI/DWI lawyer you can be assured that your chances in the courtroom have improved. They will make sure that you receive the proper treatment and that protocol has been followed. The lawyer will fight for you at the trial and this could make the difference of winning or losing your case. With a DUI/DWI it is too important a case to lose. In Alabama, every DUI/DWI goes on your record and after four convictions you can receive the maximum of 10 years in prison. So it is well worth it to have someone who understands the law fight this charge in court for you.

An Alabama DUI/DWI lawyer knows what to look for when he is defending you and will make sure he/she has covered every possible aspect of the trial for it to come out in your favor. There are many things that you wouldn’t think of but an Alabama lawyer does. It can put your mind at rest knowing that you are in good hands of people that know what they are doing. It is a very daunting experience to have to go to court and the lawyer will investigate all aspects of the case before this event. He/She will assess your individual case and will advise you whether or not you should plead guilty or innocence.

Thursday, October 1, 2009

Nashville DUI Attorney: Finding Your Way Out of DUI Trouble in Tennessee

If you or someone you know has been pulled over and accused of a DUI, you are probably wondering what to do next, and what will happen next.

You are no guilty just because you have been charged.

Many people assume the police always do their job, and always do it well. This is no effort to insult law enforcement generally, but things do happen, and the benefit of the doubt never legally falls in favor of the state. The evidence can sometimes be insufficient to convict you, for instance, if the officer did something outside the rules, or if he stopped you without reasonable suspicion. Tennessee law holds that the officer must have reasonable suspicion that a crime is being committed to pull you over. One cannot be pulled over simply because the officer thinks you might be intoxicated - he needs an articulatable (sp) reason. Swerving out of your lane, disobeying traffic laws, and speeding are just a few examples of legitimate reasons to pull you over. You cannot be legally pulled over on a hunch or for even swerving within your own lane.

Unreasonable searches and seizures are prohibited by the Fourth Amendment of the Constitution. Often times, if the facts are otherwise indicative of intoxication, it is the protections of the Fourth Amendment that can result in your charges being dismissed or reduced.

As well, breathalyzer machines must be maintained in certain ways, and certain steps followed, in order for the test results to count against you. The unit used to conduct the test must regularly maintained. You must have been monitored for a period of time prior to the conduction of the test. As well, the test must be validly consented to. If any of these are not satisfied, it is possible that the results of the blood alcohol content (BAC) test could be deemed invalid. Often, this is the state's key piece of evidence against a defendant. A good DUI lawyer familiar with Tennessee law will be sure to inspect, investigate and research every ounce of evidence against you in an effort to defend your rights and keep unconstitutional evidence from being used against you.

As you are being pulled over, recall: there is no moral or legal rule that you ought to give the state any evidence they can use to convict you. No matter how nice he might seem to be, the officer isn't your friend. He's doing his job, and his job is to find law breakers and arrest them. He can often only do this when alleged lawbreakers essentially "turn themselves in" by offering evidence for the state to use against them. You don't need to do the officer's job for him!

Nashville is the second largest city in Tennessee. DUI Lawyers are plentiful, but finding the right lawyer for your case is an extraordinarily difficult process. You must find someone who is experienced, knowledgeable and aggressive. Your rights, and your freedom, depend on it.

Thursday, September 17, 2009

Colorado Stated DUI Laws

If you are pulled over for drunk driving in the state of Colorado, you can be charged based on one of three reasons. Most people are charged based on their blood alcohol content level (BAC). Anyone driving with a BAC of .08% or higher is guilty of DUI. However, Colorado also has a lesser offense, known as DWAI or Driving While Ability Impaired, which allows someone to be charged when their BAC is .05% or higher. Additionally, the state's per se laws allow officers to charge drivers with DUI based on driving patterns alone.

If you are charged with DUI or DWAI in the state of Colorado, you will want to get in contact with a lawyer quickly, because you only have seven days after your arrest to file the necessary paperwork with the Colorado Department of Revenue to request a driver's license hearing. If you do not request the hearing, your license will be suspended.

First time offenders who are guilty of a Colorado DUI can expect to face the following consequences. You will pay a fine that is between $300 and $1,000. You will also spend up to 1 year in jail, but this is typically closer to 5 days. Public service is also required and your license will likely be revoked for a year. DWI convictions have more lenient penalties.

Saturday, August 22, 2009

DUI Accidents:: A Thoughtless and Pointless Waste

Approximately 30 percent of all Americans are expected to be involved in a drunk driving accident in their lifetime. More than 10 percent of Americans aged 12 and older drove under the influence of alcohol at least once in 2001 and that nationwide. A rough average of 59 people is killed every hour in a drunk driving auto accident. (Proner, 2007)

Drunk Driving is one of the leading causes of fatal automobile accidents in the United States. According to the National Highway Traffic Safety Administration (NHTSA), nearly 40% of total traffic fatalities are alcohol-related incidents.

Life is precious and those who are not killed by the negligence of drunk drivers, though fortunate, may be left with life-altering injuries that could prevent them from their previous way of life. These auto accident injuries may be severe enough to prevent a person from returning to work or engaging in recreational activities he was once used to. Sprains, ruptured disks, fractures, paralysis and brain damage are some of the debilitating injuries that haunt victims even for years after the accident.

Drunk driving is a criminal offense, punishable by fines, jail time, and revocation of license. Drunk drivers are charged with driving under the influence or driving while intoxicated, which includes the use of alcohol and drugs that impair the ability to operate a motor vehicle properly. This includes common illegal drugs, such as cocaine and marijuana, as well as over-the-counter drugs and prescription medications that warn against use while driving.

Victims of car accidents where the negligent driver is charged with “Driving under the Influence” (DUI) could be entitled to punitive damages in addition to compensatory damages. Negligent drunk drivers, on the other hand, may serve time in prison or have their licenses revoked and pay huge amount of fines, but pain and trauma suffered by the victims due to the drunk driver’s negligent actions remain, unchanged, without direct remedy available. No amount of penalty or compensation can make up for personal damage, but that is the closest a victim can resort to.

A drunk driver is held liable for paying compensatory damages, actual and general ones, which include medical expenses and loss of future wages; pain and suffering damages for the emotional distress the accident has brought upon the victim and his or her family; and punitive damages to serve as punishment for his or her negligent actions. In some cases, the establishment that provided alcohol to the drunk driver may also be held liable.

It is important for a victim to seek California legal service, talk to an experienced attorney, and file an auto accident or injury case as soon as possible after a drunk driving accident. In many states, the statute of limitations for filing these cases is two years from the time of the accident, but varies in others. By the time the statute of limitations expires, in most cases, the victim will not be able to pursue a case and obtain compensation for incurred injuries.

Saturday, August 15, 2009

Pittsburgh PA DUI Information

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.

DUI Stops and Party Admissions

The burden of proof for a crime in the United States is on the prosecution. Many DUI defendants shoot themselves in the foot because they don’t understand the concept of evidentiary party admissions.

Miranda rights are something we see all the time on television and in movies. The repeated droning of “You have the right to remain silent…” is such that most people don’t think about what is really being said. When a police officer says the Miranda rights warning to you, he or she is saying you have the right to remain silent and ANYTHING you SAY may be used against you. This is because anything a defendant says is admissible in court.

You’ve been out on the town and are driving home. The tell tail red lights go on behind you. The officer starts asking you questions. In most cases, you should answer them courteously. That being said, you should also answer briefly and avoid “talking up” or arguing the officer in question. Why? Well, anything you say will be used against you.

There is a classic video on the web of a man who has been pulled over for drunk driving. All of the classic field sobriety tests are administered and he passes them without a hitch. Still, he is obviously hammered. The female police officer compliments him and suggests he can probably dance well to. The gent starts dancing and she asks him if he is professionally trained. His answer?

“No, I’m just drunk!”

Do you think this statement was raised in court? No, it wasn’t. Why? Because you can bet he took a plea deal because he would’ve been crushed at court. The entire episode was caught on television. Once the jury stopped laughing, they would’ve found him guilty and a harsh sentence would’ve been handed down.

Now, what if he didn’t say anything? Well, he passed all the tests so the best the officer could do is arrest him for driving while impaired and then seek out a blood test. He would then plead out on something less severe. It would still be painful, but not massively so.

Make no mistake. I am not suggesting you should drink and drive or there is any way to get around a conviction. That being said, the burden is on the government to prove a crime. Don’t do their job for them by making statements that make their case.

DUI Arrest – Understanding Your Prosecutor

A DUI arrest leads to a criminal case. This means you face the possibility of doing time in jail, probation, fines and administrative penalties like the loss of your license. The person who will be in charge of representing the government against you is the prosecutor.

A DUI is often the first real experience many people have with the criminal justice system. It is not a fun experience. Most defendants come into the system thinking justice is the goal of the court system. It is, but the means for getting to a “just result” is something very surprising to the average person.

In the sterile world of law school, the prosecutor is supposed to go for a just result. They are supposed to review the case objectively in relation to whether a crime has been committed and in regard to whether a charge should be levied. They are also supposed to be open minded towards dropping the case at any time evidence comes forth that points to the innocence of the defendant. Prosecutors in the real world rarely act this way.

The first thing most defendants in a DUI case say is they can’t believe how vicious the prosecutor in their case is. Instead of going for a just result, the prosecutor seems to be taking things personally and going after the defendant like a tiger. This is because the prosecutor’s reputation is based on getting convictions. If they want to move up in the chain of command, they have to produce results. If they want to run for political office, they need to be “strong on crime.” This means you are not a person to them. You are a mark to be made on their belt of convictions.

Does the defendant have anyone in their corner? Yes. They usually have their family, but their not much good in court. The only other person on their side is their defense attorney. If the prosecutor is coming at you like Attila the Hun, you want an attorney who is going to be returning just as much fire and perhaps even more. Ideally, your defense attorney should treat the case like they are the one on trial.

So, how does any of this end up in justice being done? Well, the general theory is if both sides battle like mad dogs, a just result will ultimately be reached. It sounds like a nice theory, but we all know what happens when people with lots of money go on trial. They can hire great defense attorneys who can often win the case. If you are arrested for a DUI, you need to be taking the same approach. If you’ve been spending for a rain day, you should consider this to be it.

Understand your prosecutor is fairly simple. They want to convict you for a DUI and any other charges that can strap on to your case. Spend the money to get a great DUI defense attorney. You need to fight fire with fire!

DUI Cases – The Merits of the Breathalyzer or Lack Thereof

The tests used to determine drunk driving issues have become so familiar that few really think about them. The breathalyzer, for instance, is accepted as a carte blanche way for determining blood alcohol levels. Ah, but is it?

The breathalyzer has been with us in one form or another since the 1920s. Of course, it wasn’t called a breathalyzer at that time. The “breathalyzer” name was actually a particular product that was offered by…wait for it…Smith & Wesson. Yes, the gun maker! Much like Coke, the name slowly came to be used for the entire range of products that measure blood alcohol content via the breath.

The first effective device was known as a drunkometer. The device was the size of a shoe box and the offending person blew up a small balloon. The air in the balloon was then passed through an acidified potassium solution. If alcohol was present, the solution would change color. The more alcohol present, the more the color changed. It was an effective test, but not much good when it came to proving whether someone had consumed enough alcohol to be impaired. I won’t even get into the question of how color blind police officers were impacted!

Modern breath analyzers use various forms of chemical analysis. They do not actually determine the exact amount of alcohol in a person’s blood. Instead, they make an estimate based upon alcohol molecules that are present in a particular breath. Yes, an estimate. When a person is found to blow .07 [legal] or .08 [DUI], the figure is not exact. Given the fine margins, it seems a very questionable practice particularly when you consider how the law works.

In most states, the result of the breathalyzer has immense impact on the determination of guilt. If you are found to be above the stated blood alcohol content level under law, then the person is presumed in court to be legally impaired per se. The burden is then on the defendant to prove the analyzer results are wrong. This is an important switch for a device that isn’t all that accurate.

How accurate is the breathalyzer? Well, it depends on a host of issues. It can be affected by the temperature, the calibration, the administration abilities of the officer and so on. Most interesting, the person being tested can increase the reading by holding their breath. Alternatively, hyperventilating or exercising strenuously for 30 seconds will reduce a blood alcohol content reading by as much as 25 percent!

The breathalyzer is a standard testing device used in traffic stops where drunk driving is considered a possible issue. It is important to understand, however, that these devices are not absolute accurate and can be successfully challenged in court.

Wednesday, July 29, 2009

A Guide to Hiring the Best DUI Defense Attorney

Many people who are arrested for a DUI feel that they should fight their case on their own, however, if you've been arrested for a DUI, one of the first things you actually should to do is hire a DUI defense attorney to help you with your case. A DUI attorney is aware of the latest drunk driving laws and procedures. So if you do decide that you want the help of an attorney, below are a few things to think about:

* Does the attorney focus solely on DUI law? A big no-no is to hire a defense attorney who doesn‘t specialize in DUI law. An attorney who is familiar with DUI laws should be very experienced in this area and be aware of updated DUI laws and information.

* What associations is the lawyer affiliated with? A DUI attorney should be affiliated with and be an active member of at least one association.

* What kind of experience does the attorney have in DUI law? Hire an attorney who has a good amount of experience, but do keep in mind that simply because a lawyer has years of experience, doesn't really mean they're good at what they do. Ask the attorney how many cases they’ve won.

* Do you feel comfortable trusting this attorney? When you're talking with this attorney, do you feel comfortable talking to them? Does the firm treat you with respect? Does the attorney talk down to you? Always trust your gut feeling.

Do the attorney’s fees include all services? The attorney should be able to explain exactly what he/she will do for you and inform you of any extra charges for other services.

Maria Palma is a freelance writer dedicated to helping people with their DUI in San Diego. Make sure to hire a dedicated and experienced San Diego DUI lawyer. Read Maria's San Diego DUI blog.

Thursday, July 16, 2009

Your Rights In a DUI

Driving while either intoxicated or drunk is dangerous and drivers with high blood alcohol content (BAC) are at increased risk of car accidents, highway injuries and vehicular deaths. Prevention measures evaluated include license suspension or revocation, impounding or confiscating vehicle plates, enforcing open container bans, increasing penalties such as fines or jail for drunk driving, mandating education for young people, and lowering legal BACs. Also discussed are safety seat belts, air bags, designated drivers, and effective practical ways to stay sober.Volunteer to be a designated driver. Never condone or approve of excessive alcohol consumption. Intoxicated behavior is potentially dangerous and never amusing. Don't ever let your friends drive drunk. Take their keys, have them stay the night, have them ride home with someone else, call a cab, or do whatever else is necessary - but don't let them drive! There are about 25,000 deaths a year, be careful with your friends and family in the car.

It is an unfortunate occurrence, however, in some cases, DUI rights are overlooked when you are arrested and charged for driving under the influence. Overlooking a person’s DUI rights is far too common and we are at a place in society where DUI rights are considered to be generally non-existent.

Regardless of why you are arrested or what you are charged with, you are innocent until proven guilty and your DUI rights should be continued, exercised and protected.

The most basic of your DUI rights is the right to representation (a lawyer or attorney). In many cases, the police will not acknowledge your right to representation, the protection of unlawful search and seizure, and more. The DUI rights have changed considerably, mostly due to public pressure, but they still exist. It is really important that if you are charged with a DUI that you insist on exercising your DUI rights. This will help increase your chance for a fair trial as well as prevent potentially embarrassing and catastrophic social and economic consequences.

If you are charged with driving under the influence, the best thing you can do is let the police know that you know what your DUI rights are.

You can refuse a handheld breathalyzer test and a field sobriety test. Your DUI rights also allow you to refuse to answer any questions including answering how many drinks you consumed.

However, DUI rights do not allow you to refuse your identity and they do not allow you to decline field testing at the jailhouse. When you are booked, ensure that you exercise your DUI rights and make a phone call to a friend, loved one who can find you a lawyer, or to the attorney themselves.

There are plenty of attorneys who specialize in DUI laws that are the best suited to represent you if you are charged with a DUI. Driving under the influence is a serious offense and can lead to many charges being laid against you, other than just DUI in some cases. A specialist lawyer in DUI law is the best person capable of representing you and ensuring that you get a fair trial.

Driving under the influence charges can be expensive and the consequences can be long lasting. Not only do you face criminal charges, you will also be fined, have to pay an attorney and maybe even lose your license. There are also long-term consequences to be charged with driving under the influence, and that can include severely raised insurance premiums or no insurance at all. While having an attorney is an additional expense, it is one you can ill-afford not to have – it could save you a great deal of time, money and heartache.

Your DUI rights are important – they are designed to prevent you from being charged falsely. In order to properly discuss your DUI rights, you should contact an attorney who specializes in DUI laws to help you.

Friday, July 10, 2009

DUI Phoenix Arizona – Be Sure To Find An Aggressive Lawyer For Your DUI

If you are accused for a DUI in Phoenix Arizona, is critical for your freedom to hire a DUI lawyer. Finding the right lawyer can help you to avoid devastating consequences to your future life. If you will try to beat yourself a DUI accusation, probably this will be the worst decision you can bring. Only a professional Phoenix DUI lawyer will be able to reduce your sentencing and fines. Take your crime seriously, because you can get jail time, probation, DUI classes, your driver license will be suspended and probably you will lose your job. And do not forget about heavy fines you must to pay for your crime.

I think these reasons are enough for anyone to hire a lawyer. But take care and try to find a good one, because an unqualified lawyer is like having no lawyer all. Remember you have just only one chance to defend and save your life, and only an aggressive counsel can help you in this.

First, you need a specialised Phoenix DUI lawyer. This lawyer knows all the litter loopholes and can help you to get out of your DUI accusation. Probably you must to pay a little more to hire a specialised DUI lawyer, but on the long term you will save much more money.

Second, a skilled lawyer knows how to exploit mistakes made by cops when at the time of your crime. No matter what mistake was, if there is any kind of mistake he will know how to use this in your favor. There is a little known guide focused on the subject of beating a Phoenix Arizona DUI. This guide describes all types of situations and things a lawyer can use in order to avoid all the bad consequences that come with a DUI charge. Beating a DUI will be easier than you ever think if you hire the right lawyer who knows these hidden facts about DUI crime.

Tuesday, July 7, 2009

Alabama DUI Lawyer

DUI lawyer has the expertise to find holes in the prosecutions arguments, to challenge their evidence and, overall, to give you the best possible defense. Through a DUI lawyers help, charges against you may be dropped or your punishment be lightened.

DUI lawyers can be of great help and benefit to those individuals who have been charged with a DUI. The law takes no prisoners when it concerns drinking and driving, so its always smart to have Dui lawyer you can be proud of.

If you've been charged with Driving Under the Influence, otherwise known as a DUI, you should seek legal counsel immediately. DUI lawyers offer vital defense expertise and the only means by which you can beat the charges. DUI lawyers thrive to help their clients that are facing DUI charges out of jail.

DUI lawyers are available to bring light to the court case. DUI lawyers are an essential tool for clients throughout the entire court case. DUI lawyers and attorneys who specialize in DUI law are preferable to those without this specialty. DUI lawyers and attorneys who specialize in DUI law are preferable to those who do not keep up with the changes in DUI law.

If an individual is convicted while driving under the influence, it is important, even vital, that the individual contacts and works closely with a DUI lawyer. After an individual is charged with a DUI offense, they should immediately start looking for a DUI lawyer.

Your DUI lawyer should be expertly familiar with all the intricacies and nuances involved with DUI offenses. As DUI lawyers, knowing the law is their profession and job.

A DUI lawyer may help calm your fears and get your life back on track. It may make sense to have a DUI lawyer advise you on how you should handle your charges, plea at your trial and deal with the aftermath.

A DUI lawyer can help to navigate the court system and help sift through mandatory and subjective penalties, working towards the best outcome for the client, as well as help to make sure that the conviction itself meets legal standards.

However, because of the seriousness of the crime and the lasting consequences that are often the result of a DUI, it is probably worth every penny and every minute to meet and work with a DUI lawyer.

Often, because driving under the influence laws differ from state to state, most DUI lawyers are educated on the exact laws and consequences that result from a DUI in the individuals specific state.

To find an Alabama DUI Lawyer, please visit lawyersdirectoryworld.com

Wednesday, July 1, 2009

What Are the Penalties For a Felony DUI in San Diego?

you've been charged for a DUI in San Diego, it can be considered a felony if you caused an injury or death to another driver or passenger, have a prior felony conviction, or refuse to submit to a chemical test. However, if you had three or more DUI convictions within the past 7 years, you could also be charged a felony DUI. In San Diego County a felony DUI is considered a misdemeanor charge and it's likely that the charge will go on your criminal record. In San Diego there is a ten-year "washout" period when it comes to felony DUI convictions. What this means is that if you've been charged with felony DUI within the past 10 years, the current drunk driving charge can be viewed as a felony DUI no matter if you've injured someone or not.

Here are a list of possible penalties for a felony DUI in San Diego:
1. A jail sentence lasting 6 months - 1 year
2. Mandatory minimum term of incarceration: 48 consecutive hours, or 10 days of community service
3. Fines from $390 - $1,000
4. 4-year license revocation
5. Vehicle may be impounded for six months and you could be required to have an ignition interlock device put on your car up to three years
6. Alcohol or drug program for 18-36 months if you haven't already attended one

Due to the severity of a felony DUI charge, we highly recommend contacting a San Diego DUI lawyer for counseling.

Understanding Minnesota DUI Law

Minnesota as DUI laws that (Driving under Influence) are among the toughest in the country. The recent lowering of the legal limit of BAC from .10 to .08 has made it even tougher. Just like drunk-driving laws also called DUI or DWI laws that exist in other states, Minnesota DUI arrest also involves two separate cases. The first case is that of a criminal court case wherein drunken driving punishment is meted and the second case is sought by the Minnesota Department of Public safety- if the person charged with DUI is proved guilty it can have adverse affect on his Minnesota driving privileges. The third charge will be levied if the driver refuses to undergo the chemical test after being arrested for drunk driving. This constitutes a separate and different criminal offense - over and above the first two cases. This is how tough DUI laws are. Under Minnesota DUI law, the driver who has been arrested for breaking the law has the right to consult his DUI defense attorney if he has one before taking the necessary test for to determine BAC level. If the driver arrested under DUI charges does not know of any DUI defense layer, the police provide the driver with a directory of DUI lawyers so that he can choose one from it. Under Minnesota DUI law, the criminal court punishment for driving under the influence could involve a jail sentence of up to 90 days plus fines, mandatory alcohol education courses that includes the effects of DUI and mandatory education on the consequences of DUI on the driver's license. Under Minnesota DUI law the penalties and punishment for first time DUI offender could include a jail term of up to one year as well as a fine of up to $3,000.

Treatment for a second time offender under Minnesota DUI law is harsher. And if the 2nd time offender has done it within ten years of the previous DUI offense, then the punishments include a jail term plus a fine of up to $3,000. The punishment is quite harsh and higher for the third DUI offense within 10 years. The vehicle the driver was driving under intoxication is impounded immediately and a much higher jail term is sought. Under these circumstances alcohol abuse evaluation has to be obtained as a rule and the driver will have to prove that he is not an alcoholic. Finally under Minnesota DUI laws, a fourth time DUI offense within ten years is considered a felony. This means if proven guilty a jail term of three years and a fine of $14,000 or more. Looking at all the above facts, one must hire an efficient and competent Minnesota DUI Lawyer as soon as he can after being arrested. Until the lawyer arrives on the spot, he should handle everything with patience and politeness with the police or officer who has made the arrest to avoid aggravating the case.

Get Help With Your Orange County DUI


When people go out to drink, they don't really think about the possibility of being arrested for drunk driving. You go out for a fun night and next thing you know you're being pulled over for drinking and driving.

The unfortunate thing is that many people who are arrested for a DUI don't take it seriously enough. The consequences of what may seem like a harmless couple of drinks could be tragic and deadly.

If you've been arrested for a DUI in Orange County, don't think of your arrest as just a minor offense. A DUI is a traffic violation that should be taken seriously, especially if you value your driving privileges. The one thing you don't want to do is to try and defend a drunk driving case all by yourself. There are many factors involved in a DUI case that only an experienced DUI lawyer is knowledgeable about including current DUI laws, processes, and court procedures. Besides, an experienced lawyer is highly resourceful and can decipher which aspects of your case would require further investigation.

If you are charged for drunk driving in Orange County, you're looking at the possibility of a jail sentence, high fines and penalties, driver's license suspension or revocation, mandatory DUI classes or rehabilitation, and insurance cancellation or increase. If you hire a Orange County DUI attorney to help you with your case, he/she can help you save your license and even get your sentence reduced.

What Are the Penalties For An Orange County Felony DUI?

Your DUI in Orange County could be considered a felony drunk driving charge if you caused an injury or death to another driver or passenger or have prior felony convictions.


California Vehicle Code Section 23153 states:
“Any person who, while under the influence of intoxicating liquor, or under the combined influence of intoxicating liquor and any drug, drives a vehicle and when so driving does any act forbidden by law or neglects any duty imposed by law in the driving of such vehicle, which act or neglect proximately causes bodily injury to any person other than himself, is guilty of a felony.”


Penalties for a felony DUI in Orange County could include:
1. A jail sentence lasting 6 months - 1 year or longer
2. Mandatory minimum term of incarceration: 48 consecutive hours, or 10 days of community service
3. You could subject to extensive fines up to thousands of dollars including penalty assessments and victim restitution funds
4. DMV can suspend or revoke your driver's license
5. Vehicle may be impounded for six months and you could be required to have an ignition interlock device put on your car up to three years
6. Mandatory attendance of an alcohol or drug program


Due to the severity of a felony DUI charge, it's highly recommend that you contact a Orange County DUI lawyer for counseling.

Thursday, June 25, 2009

What are the Legal Prices of DUI?


DUI (driving under the influence), DWI (driving while intoxicated), OWI (operating while intoxicated) all refer to the offense of drunk driving -- a dangerous trend that takes lives, invites stiff fines, punishment and penalties. An officer can charge you under the DUI laws if you violate traffic rules. The violations may range weaving, swerving, and drifting to braking erratically.Though some find it tempting to represent themselves in a drunk driving legal case, having a competent attorney, familiar with drunk driving cases is really a necessity.
There's often a chance the case may be dismissed depending on the circumstances.It's always so much better not to get in that predicament in the first place. Bear in mind that if you are convicted in a DUI case, you may lose your license, or get your license and car impounded.

You may have to pay a heavy fine or you may land in prison. The arrests in DUI cases are rising because of new, more stringent laws and regulations that have been introduced in many states.If you still must select a DUI attorney, be careful. Select a competent attorney who has some good experience in DUI cases and he will be the best defense tool for you.

Your attorney can explain the consequences to you after assessing your case so you will be prepared to defend yourself against those consequences. The laws vary from one place to another and it may be difficult for you to know the local "law of the land". He can help you understand the possibility of license problems, imprisonment, community service etc. He/She will let you know if there are any special laws regarding underage drunk driving and BAC above the limit. A drunk driving attorney will be able to manage the whole process for you.

Friday, June 19, 2009

How DUI in Pennsylvania affects You?


Do not be fooled:
Law Enforcement Officers, Prosecutors and Judges are not looking out for your best interests when you are charged with Driving Under the Influence (DUI). These people are under tremendous pressure from their superiors to make more arrests, get more convictions and hand out stiffer sentences. An offense that may have been overlooked a few years ago may be zealously prosecuted in today's world. Any time you, a friend or a loved one is charged with DUI, you must take it very seriously!
When you are charged with DUI, or convicted, you are at risk for any or even all of these outcomes:

1. Jail time
2. Criminal record
3. Loss of driver’s license
4. Possible loss of your job
5. Large fines
6. Increased insurance rates
7. Required dependency treatment
8. Points against your drivers license
9. Drivers license surcharges
10. Other punishments that result from a DUI charge or conviction


Pennsylvania DUI Penalties
Implied Consent Laws: Laws demand drivers assumed of driving under the influence to concede to breath, blood, or urine testing for alcohol content are known as "implied consent laws." Rebuttal carries penalties that can include mandatory suspension of a driving license for up to a year.Blood-Alcohol Concentration: In Pennsylvania, any driver with a blood-alcohol absorption - or BAC - above .08 percent is measured “per se intoxicated” under the law. Under this statute, this evidence is all that is required for a driver to be convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).
Zero Tolerance Blood-Alcohol Concentration: In all states, “zero tolerance laws” focal point on drivers not of legal drinking age. In Pennsylvania, persons under the age of 21 operating a car with a .02 percent blood-alcohol level or higher than are subject to DUI penalties.Enhanced Penalty Blood-Alcohol Concentration: In some states there is a more severe punishment for those convicted of DUI with a for the most part high blood-alcohol content at the point in time of arrest; this is commonly .15 to .20 percent above the legal limit. Enhanced penalty laws are not utilized in Pennsylvania.
Administrative License Suspension/Revocation Penalties: These penalties are minimum mandatory penalties obligatory on drivers with a blood-alcohol concentration above Pennsylvania’s maximum tolerable level of .08 percent or drivers subject to the implied consent laws (see above) for refusing to submit to breath, blood, or urine testing for blood-alcohol content. Penalties involve suspension or revocation (meaning transitory or permanent removal) of the driver’s license by the DMV (Department of Motor Vehicles). In Pennsylvania, for the foremost DUI offense the mandatory suspension is 90 days; for the second offense, one year; for the third offense, three years.

Vehicle Confiscation:
The penalty of vehicle confiscation for DUI conviction – either everlastingly or temporarily - is a risk in some states, typically for repeat offenders. This is not a penalty option in Pennsylvania.
Ignition Interlock: An ignition interlock device attaches to the condemned DUI offender’s motor vehicle and requires the driver to complete a breath-test before the vehicle will start. While this penalty for DUI conviction is a option in some states, this is not an option in Pennsylvania.Mandatory Alcohol Education and Assessment/Treatment: Alcohol tutoring and prevention program, treatment for alcohol abuse, and judgment of a person for possible alcohol or drug craving can be required for DUI offenders in Pennsylvania. These steps are often recommended instead of serving a sentence of incarceration or paying fines.

Monday, June 15, 2009

Know the consequences of DUI arrest in Pennsylvania

1. Charging Process:After the police officer decides to charge you, he or she will prepare a criminal complaint and an affidavit of probable cause (usually a brief summary of the incident in narrative form) and file it with the local District Judge in whose jurisdiction the offense is alleged to have been committed. This process can take anywhere from a couple of days to several weeks depending upon the officer. The District Judge mails the complaint to you usually via certified and regular mail. Beware, the District Judge will issue a warrant and have you physically arrested if you fail to acknowledge service of this paperwork. In rare circumstances, usually when a driver is from out of state or country, an officer will actually prepare the paperwork while you are in custody following the arrest and you will be taken in front of a District Judge who will set bail. This is called a preliminary arraignment. In either case, you will receive written notice that a preliminary hearing has been scheduled and an order requiring you to get fingerprinted and photographed. It is this process that initiates a criminal history.

2. Preliminary Hearing:This is a crucial hearing in your case. The preliminary hearing is not a trial. The principal function of a preliminary hearing is to protect an individual's right against arrest and detention without probable cause. At this hearing, the Commonwealth bears the burden of establishing a prima facia case that a crime was committed and you are probably the one who committed it. It is not necessary for the Commonwealth to establish that your are guilty beyond a reasonable doubt at this stage. The preliminary hearing is critical to a defendant because it can be used as an opportunity to “discover” facts about your case and set up important pretrial motions for litigation later on in the process. Never agree to waive your preliminary hearing until after you have had the opportunity to speak with an attorney.

3. Arraignment:This is the date set after your preliminary hearing, about 30 to 60 days after your hearing. You can usually waive your appearance without prejudice to your case. It is primarily an event to advise you of your of rights and deadlines for pretrial motions. If you have an attorney, he or she will advise you of these rights.

4. Pretrial Conference:This is generally a housekeeping day in which your attorney discusses your case with the District Attorney, often in front of a Judge, and attempts to negotiate the best possible plea bargain or sets a date for trial. It is also an opportunity to speak with the court about pending pretrial motions. It will happen about 6 weeks after arraignment. The date is set by the Court.

5. Suppression or other Pretrial Motion Hearings:The Court may suppress some or all of the evidence against you if your constitutional rights have been violated. Your attorney will file motions to suppress. It occurs anywhere 6 weeks to 3 months after the pre-trial conference.

6. Trial:Under the new law, you no longer have an absolute right to a jury trial in first offense DUI’s and trial will occur before a Judge – known as a bench trial. In other cases, trial is to a jury of twelve. Trial dates are usually scheduled at the pretrial conference and within two months of the date a jury is selected.

7. Sentencing:The Court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea entered. Sentences may include jail time in a State or County prison, in-home detention, treatment (including inpatient), community service, alcohol safe driving classes, counseling, fines and costs. Creative sentencing practice is of paramount importance in DUI cases.

Friday, June 12, 2009

DUI Penalties for Commercial Driver's License Holders in Maryland

If you hold a CDL, it is important that you know the law and act quickly to protect your CDL or you may find yourself with no CDL and no right to work driving a commercial vehicle.

At the Traffic Stop
When you are pulled over under suspicion of DUI or DWI, roadside sobriety tests may be issued and you may be asked to submit to a breath or blood alcohol test. You have the right to refuse to take the test, but in most cases the penalty for failure to submit to a test is equal to or greater than the penalty for being found DUI or DWI. If you are found to have a blood alcohol level in excess of the legal limit (0.08 or 0.04 if you were in a commercial vehicle) or if you refuse to be tested you will be arrested and the arresting officer will take away your driver's license. Your CDL will be taken whether you were driving a commercial vehicle or not. When you are released, you will be given a temporary driver's license that is good for 45 days.

After the Traffic Stop
If your CDL has been taken, you cannot legally drive a commercial vehicle until it is returned to you. Your temporary driver's license allows you to drive a personal vehicle, but not a commercial vehicle. In order to get your CDL restored, you must file for an Administrative Hearing, and the sooner the better. If you file for the Administrative Hearing within 10 days after your stop, your temporary license will be extended until the date of your hearing, if that date lies outside the 45-day duration of the temporary license. If you file your request after this 10-day period, you will not receive an extension of the temporary license, so you may be without any driver's license once the temporary expires. If you file your request after 30 days following the traffic stop, you will not be granted an Administrative Hearing and you will suffer the consequences of a DUI/DWI charge.

Penalties for DUI/DWI
If you either do not receive an Administrative Hearing or the hearing goes poorly, your license will be suspended, you may be asked to pay a fine, and you may be sentenced to jail time. If you were driving a commercial vehicle when stopped, your CDL will be suspended for 1 year. If you were driving a personal vehicle and it was your first DUI, your license will be suspended for 45 days following the hearing. If it is your second offense, your license will be suspended for 90 days. If your blood alcohol content was found to be 0.15 or higher or you refused to be tested, your license may be suspended for 1 year.

Protect Your License
If you want to protect your CDL and your livelihood as a commercial driver following a DUI-stop in Maryland, you have to act quickly. Not only should you request an Administrative Hearing as soon as possible, but you should consult with an attorney experienced with handling DUI cases in Maryland. An attorney with experience on both sides of DUI cases as prosecutor and defense attorney can help you assemble a strong case and reduce or eliminate penalties from your DUI stop.

Tuesday, June 9, 2009

Penalties for Drunk Driving in Nevada

A first-time offender faces up to six months in jail or up to 96 hours of community service while dressed in distinctive garb that identifies the offender as a violator of Nevada’s DUI laws. A first-time offender is also subject to a fine ranging from $400 to $1,000. These offenders must also pay for and attend an education course on alcohol abuse. The driver’s license revocation period is 90 days. First-time offenders with a BAC of .18 or greater will be placed in an alcohol treatment facility for up to one year.
A person who commits a second DUI within seven years of the first conviction faces up to six months in jail or six months in residential confinement, which is the equivalent of house arrest. These offenders are also subject to pay a fine between $750 and $1,000 or perform an equivalent numbers of hours of community service while dressed in distinctive garb that identifies the offender as having violated Nevada’s DUI laws. Second-time offenders will also be placed in an alcohol treatment facility for up to one year. The driver’s license revocation period is one year.
A person who commits a third DUI within a seven-year period faces one to six years in prison and must pay a fine of $2,000 to $5,000. The driver’s license revocation period is three years.

Survival Tips:
1---Do not answer any questions other than name and address.
2---Do not agree to perform roadside tests.
3---Do not agree to have your eyes tested.
4---Do not agree to blow into a handheld breath tester.
5---Do consent to a breath or blood test, if you are asked to take one.
Be polite. Produce requested documents.

What It Mean by a Las Vegas DUI Citation?

Today, it is not necessary that a person be drunk to receive a las vegas DUI citation.
United States began to toughen their DUI laws in response to public outcry. Today, it is not necessary that a person be "drunk" to receive a las vegas DUI citation. If your breath or blood test shows an alcohol concentration of .08% or more within TWO (2) hours of operating the vehicle, you are presumed to be too intoxicated to safely drive within the State of Nevada. You may not think that you are intoxicated and those around you may not think that you are intoxicated. However, you may be considered intoxicated for any the purpose of driving. That is, you may have enough alcohol and/or controlled or prohibited substances in your system to be considered too intoxicated to drive. If you are convicted of DUI, you will suffer harsh penalties.
DUI DRIVING SYMPTOMS: The list of symptoms which follow include the probability that the driver is intoxicated. For example, the research indicates that the chances are 65 out of 100 that a driver who is straddling a center or lane marker has a blood-alcohol concentration of .10 percent or higher (the research was conducted before blood-alcohol levels were dropped to .08 percent).*Turning with Wide Radius 65, * Straddling Center or Lane Maker 65, * Appearing to be Drunk 60, * Almost Striking Object or Vehicle 60, * Weaving 60, * Driving on Other Than Designated Roadway 55, * Swerving 55, * Slow Speed (more than 10 mph below limit) 50, * Stopping (without cause) in Traffic Lane 50, * Drifting 50, * Following Too Closely 45, * Tires on Center or Lane Maker 45, * Braking Erratically 45, * Driving Into Opposing or Crossing Traffic 45, * Signaling Inconsistent with Driving Actions 40, * Stopping Inappropriately (other than in lane) 35, * Turning Abruptly or Illegally 35, * Accelerating or Decelerating Rapidly 30, * Headlights Off 30 .

Police Take Covert Breath Samples to Detect DUI

Police Agencies across the country are using hidden breath sniffers to sneak samples of your breath for DUI arrests. The secret portable breath testers are hidden in flashlights and ticket books.

According to a law firm of San Diego DUI Lawyers and Drunk Driving Attorneys, there's a hidden breath testing device being used on unsuspecting drivers who are being involuntarily tested for DUI. That's right. This is no gimmick or urban wives' tale, it's a little known fact that Police Officers across the country are using covert and cleverly hidden Passive Alcohol Sensory Devices, also known as PAS, that are disguised in flash lights, pen caddies, and ticket book holders.In an attempt to detect drunk drivers, or make a DUI arrest on a minor driver under age 21 who needs only a .01% BAC to be above the legal limit, the officer will wave the flashlight or object within 10 inches the driver's face and mouth to capture a sneaky electronic whiff of their breath. They will then peek at the hidden breath test device to read the results, which typically provides either a positive or negative reading as to the presence of alcohol. Grants & Donations are a source of Hidden Breath Testers MADD, an acronym for Mothers Against Drunk Driving, is a well known and influential political activist group persistent and vocal in lobbying for stricter DUI laws, increased enforcement, and more severe punishment for drunk drivers. MADD strongly supports and encourages the use of Passive Alcohol Sensors, and through grants, has provided PAS devices in bulk to several police agencies that lacked the funding to purchase the equipment. Manufacturer and Distributor of Covert Breath SamplersPAS International is one of half a dozen manufacturers and/or distributors of covert breathalyzers. PAS markets the "PAS IV Sniffer" flashlight at a retail price of $799, and a "PAS Clipmate" Model ticket book model for $449 each. Their website caters the to law enforcement market.Passive DUI Sniffing is SneakyThe passive hidden alcohol sensor defies the rule and belief that preliminary alcohol screening tests administered via a portable device are voluntary for adults. Obviously, secret samples obtained from these devices are not dependent on your consent or voluntary participation.SanDiegoDWI.com is a comprehensive DUI Defense advocacy website providing public service information presented on behalf of San Diego DUI Lawyer G. Cole Casey.

Know about attorney in DUI cases

DUI prosecutions are motivated by issues that are not based upon constitutional fairness or equity. Like all attorneys, they are bound by ethical duties and a high standard of “fair dealing” with all litigants in our adversarial legal process.

DUI prosecutions are motivated by issues that are not based upon constitutional fairness or equity. Like all attorneys, they are bound by ethical duties and a high standard of “fair dealing” with all litigants in our adversarial legal process. Often, the heat of battle causes these officials to become both political and competitive. When this occurs, justice does routinely suffer at the hands of a prosecutor’s vanity or ego, or outright criminal misconduct.
Lawyers must periodically stand for election. Many are first appointed to their posts by the governor of their respective state to act as the county or state attorney given the responsibility for accusing and prosecuting crimes within their jurisdiction. When it is time for re-election rolls around, an opponent seeking to replace the prosecutor may investigate the actions of the incumbent in dismissing cases, reducing cases or noteworthy cases at trial. A high profile trial can end the tenure of a successful and diligent state or county attorney. Los Angeles County, California is probably the best known place for this to occur in the United States. Hence, the pressure to “win” will always loom over the lawyer’s office. Case dispositions are public records, for mostly all criminal cases. Combing the prior files for unusual or inexplicable outcomes favoring persons charged with DWI can be a large part of an opponent’s political attack on the current office-holder.
This political tension, coupled with attorneys’ inbred desire to “win”, creates a rocky slope for defense attorneys to negotiate as the case goes to trial. In the late 20th century and in the current century, numerous states have passed legislation that intends to create a crime for prosecutors within the state to reduce or dismiss a DUI-DWI charge. Kentucky and Oregon have such statutes, and many cases are needlessly tried due to the legislative edict that threatens any prosecutor who negotiates a marginal case with becoming a criminal defendant from doing so. Such legislative overreaching is an improper misuse of the legislative process, and a constitutionally a questionable practice. To say that every DUI-DWI case made by the officers of these states is a good, solid case is ludicrous and yet such laws are politically expedient.Like other jobs, relationships are built and experienced DUI lawyers can approach an ethical and principled district attorney or state’s attorney with a proposal for a reduced charges or dismissal of charges in a pending DUI case. Knowledgeable attorneys in the drunken driving defense field will know which prosecutors to trust and which ones not to trust. Being able to find a “winning” defense or a flaw in the prosecution’s case, and then to be able to use that as a negotiating tool to avoid the risk of trial is generally limited to DWI lawyers who work in this field on a daily basis. Some prosecutors would listen to the presentation once and immediately “fix” the problem by amending the accusation or information or possibly by locating an essential witness whose name was not known prior to the conversation with defense counsel. They know no loyalty and will not have moral compass. They want to win more than they care about fairness, much less their tarnished reputations in the future. Criminal defense lawyers who handle criminal law matters every day quickly learn who these people are, and never trust them with any pre-trial “disclosures”. Other prosecutors are highly honorable people who will “do the right thing” when confronted with a loser of a case, based on some latent flaw or defect in the case.

Saturday, May 30, 2009

How to Find a DUI Lawyer

If you have been arrested for DUI, it is essential to find a good lawyer to defend you. Lawyers cost money (they will run you at least a few grand), but it is not a good idea to attempt to navigate the law and the court systems on your own. Hire a professional so you can fully understand your rights and the ins and outs of the case.

Where to Find One
There is no shortage of DUI lawyers, so finding a local one should not be a problem.

1----Online directories: There are plenty of searchable databases on the Internet where you can find DUI lawyers in your area.
2----Offline directories: Check your local yellow pages for DUI lawyers in your town.
3----Word of mouth: Has anyone you know had to hire a criminal attorney? Ask them about their experience.
4----Direct observation: If you have the time, you can observe lawyers practicing in public cases to find one you would like to defend you.

What to Look For
While a lawyer may not be hard to find, you probably don't want to hire just anybody. Here are a few things to look for when choosing an attorney:

1---Are they a criminal lawyer? You want to hire a lawyer that specializes in criminal cases; if possible, they should specialize in DUI specifically.
2---How much experience do they have? Look for how long they've been practicing, what law school they graduated from, etc. If they are "AV-rated," that is a good sign.
3---Will they get results? It's all well and good if the attorney has been practicing for fifteen years, but if they haven't won a case, that may not be a good omen. Look for a lawyer with a good track record.

Conclusion
A good lawyer can use their expertise and experience from past cases to successfully defend you—or possibly reduce your sentence—in a DUI case. Choosing a DUI attorney is not a decision you should take lightly!

Denver DUI Attorney

East or West of Denver:

Take Interstate 70 (east or west) toward Denver. Exit Interstate 70 onto Interstate 25 southbound. Take I-25 south to the 6th Avenue exit.
Take 6th Avenue heading east (away from the mountains) for approximately one mile. You will pass Broadway which runs one way to the south. The next street will be Lincoln which runs on way to the north. Take a left on Lincoln.
Remain on Lincoln for 100 yards, then, take a right on 7th Avenue. Take your first left on Sherman Street. We are at the corner of the next intersection, at 8th Avenue & Sherman Street. Our building has looks like a gold cube, as it has gold reflective glass.
North or South of Denver:Take Interstate 25 (north or south) toward Denver to the 6th Avenue exit. Take 6th Avenue heading east (away from the mountains) for approximately one mile. You will pass Broadway which runs one way to the south. The next street will be Lincoln which runs on way to the north. Take a left on Lincoln.
Remain on Lincoln for 100 yards, then, take a right on 7th Avenue. Take your first left on Sherman Street. We are at the corner of the next intersection, at 8th Avenue & Sherman Street. Our building has looks like a gold cube, as it has gold reflective glass.

Useful Tips and Advice

If you are pulled over by Denver police and you are charged, or are concerned about being charged, with DUI:

1---Choose to take a breath test — It does not look good to a jury if you refuse to take the breath test. Naturally, the jurors will have the suspicion that you were hiding something when you refused. It is better to let your criminal defense attorney attack the reliability of the breath machine results. Please remember this important legal point: If you refuse the breath test, the District Attorney can tell the jury that you refused. But, and this is very important, if you refuse to speak to the officer, the District Attorney will never be allowed to tell this to the jury.

2---Choose not to perform the Field Sobriety Tests — It is almost certain that the officer will fail you on these tests. If the police officer has reached the point of making you get out of the car, he is likely intent on arresting you anyway. The field sobriety tests are voluntary, and since doing them will only produce additional evidence for the prosecutor in your case, you should decline to do them.

3---Do not speak to the police officer — Being pulled over is intimidating, and you will likely feel that you have to respond to the officer's questions. However, you have a constitutional right to remain silent. This means that if you didn't say a word to the police, the prosecutor would not be able to tell this to a jury. The best way to handle the situation is to hand the officer your driver's license, registration, and proof of insurance without saying a word.

4---Decline to take the hand held breath test — Denver area police will not invest the time to arrest you and take you to the station unless they are convinced that you will be over the limit. This is why they will ask you to blow into a small device while you are still at the scene of your traffic stop. The results of this test, called a "PBT," are not admissible as evidence in court. However, while the jury is prohibited from knowing the results, the prosecutor could nonetheless tell the judge what the result was at the time of sentencing in your case. A bad test result will not be mentioned in court if you refuse to take it.

5---Be respectful to the police officers — It is best to remain silent altogether. However, whether you speak or not, be respectful at all times. Aggressive or impolite behavior will look bad to the judge later in court. Further, the prosecutor could argue to the jury that you were acting out as a result of being under the influence and having impaired judgment.

Interventions

Drunk driving is a public health concern in the United States, and reducing its frequency may require an integrated community-based approach utilizing sanctions and treatmentsSeveral intervention programs have been developed, such as the Paradigm Developmental Model of Treatment (PDMT), a program encouraging a paradigm shift in the offender's view of oneself and the world.

SR-22

An SR-22 is an administrative form that attests to an insurance company's coverage, or the posting of a personal public bond in the amount of the state's minimum liability coverage for the licensed driver/ or vehicle registration. SR-22s are typically filed with the respective State's DMV, and in some States must be carried by the licensed driver, or in the registered vehicle (particularly if the licensee has been cited for coverage lapses, DUI or other administrative infractions). SR-22s may attest coverage for a vehicle regardless of operator (owner liability coverage), or cover a specific person regardless of the specific vehicle operated (operator liability coverage).
The form is required in 49 States and the US District of Columbia in order to register a vehicle for usage on public roads (with the notable exception being New Hampshire). It is also required to redeem a license which has been suspended due to coverage lapse in these required States. These States also, generally, require that the issuing insurance company provide the relevant State's DMV with timely updates as to the status of such coverage. (e.g. expiration/cancellations)

Driving While Impaired courts

These innovative courts use substance abuse intervention with hard-core repeat offenders who plead guilty to driving while intoxicated. Those accepted into the diversionary program are required to abstain from alcohol. Some are required to wear a device that monitors and records any levels of alcohol detected in their bloodstreams.

Booking and charging

If it is determined after arrest that the person's blood alcohol concentration is not at or above the legal limit of .08, they will probably be released without any charges. One may, however, still be charged with driving under the influence of alcohol on the basis of driving symptoms, observed impairment, admissions and/or performance on the field sobriety tests. And if there is suspicion of drug usage, a blood or urine test is likely, or at least the testimony of a specially-trained officer called a Drug Recognition Expert (DRE). Assuming sufficient evidence of impaired driving from drugs, the arrestee may face charges of driving under the influence of drugs or the combined influence of alcohol and drugs.
Most of the time, the driver will either be kept in a holding cell (sometimes referred to as the "drunk tank") until they are deemed sober enough to be released on bail or on his "own recognizance" ("O.R."). A date to appear in court for an arraignment will be given to them. If they cannot make bail or is not granted O.R., they will be kept in jail to wait for the arraignment on remand.

Chemical test

At the police station, the arrestee will be offered a chemical test of breath, blood or, much less frequently, urine. Breath test results are usually available immediately; urine and blood samples are sent to a lab for later analysis to determine the BAC or possible presence of drugs.
If the arrestee refuses to submit to chemical testing, they will usually be booked for driving under the influence; there will be no evidence for filing the second charge of driving with .08% blood alcohol content. In some cases the arrestee may be charged with DUI even after passing a breathalyzer test if he or she refuses also to take subsequent urine or blood tests. However, the refusal will carry increased penalties on the driving under the influence charge (typically a longer license suspension and/or an increased jail sentence), and the act of refusing may be admissible in court as evidence of "consciousness of guilt". In some states, refusal to submit to a chemical test can result in an automatic suspension of driving privileges, regardless of whether the suspect is convicted of DUI. In an increasing number of jurisdictions, if the suspect refuses to take a chemical test the police in some states may restrain the individual and forcefully withdraw blood. This is particularly common in situations involving an accident with injury or death. In some jurisdictions this may require obtaining a warrant from a judge. Some commentators, such as Brown University's Jacob Appel, have criticized the role of medical personnel in this process. According to Appel, "If physicians acquiesce today in the removal of a resistant patient's blood, soon they may be called upon to pump the contents of an unwilling patient's stomach or even to perform involuntary surgery to retrieve an evidentiary bullet."
While chemical tests are used to determine the driver's BAC, they do not determine the driver's level of impairment. However, state laws usually provide for a rebuttable legal presumption of intoxication at blood alcohol levels of .08 or higher (see blood alcohol test assumptions).
Breath and urine tests can only estimate the BAC at the time the test is taken, which can be different than when the vehicle was actually operated.

Probable cause to arrest

If the officer has sufficient probable cause that the suspect has been driving under the influence of alcohol, they will make the arrest, handcuff the suspect and transport them to the police station. En route, the officer may advise them of their Miranda rights and their legal implied consent obligation to submit to an evidentiary chemical test of blood, breath or possibly urine.
Laws relating to what exactly constitutes probable cause vary from state to state. In California it is a refutable presumption that a person with a BAC of .08 or higher is driving under the influence. However, section 23610(a)(2) of the California Vehicle Code states that driving with a BAC between .05 and .08 "shall not give rise to any presumption that the person was or was not under the influence of an alcoholic beverage."

Romberg's test

Romberg's test is a neurological test that is used to assess the dorsal columns of the spinal cord, which are essential for joint position sense (proprioception) and vibration sense.
A positive Romberg test suggests that ataxia is sensory in nature, i.e. depending on loss of proprioception. A negative Romberg test suggests that ataxia is cerebellar in nature, i.e. depending on localised cerebellar dysfunction instead.
It is sometimes used as an indicator for possible alcohol or drug impaired driving and neurological decompression sickness When used to test impaired driving, the test is performed with the subject estimating 30 seconds in their head. This is used to gauge the subject's internal clock and can be an indicator of stimulant or depressant use.

Field sobriety tests

The officer will administer one or more field sobriety tests (FSTs). FSTs are "divided attention tests" that theoretically test the suspect's ability to perform the type of mental and physical multitasking that is required to operate an automobile. The most commonly administered FSTs include:

*horizontal gaze nystagmus test, which involves following an object with the eyes (such as a pen) to determine characteristic eye movement reaction. A sober person should be able to smoothly track the object with their eyes. In an intoxicated individual the eyes will jerk as they follow the object.
*walk-and-turn (heel-to-toe in a straight line).
*one-leg-stand.
*modified-position-of-attention (feet together, head back, eyes closed for thirty seconds; also known as the Romberg test).
*finger-to-nose (tip head back, eyes closed, touch the tip of nose with tip of index finger).
*recite all or part of the alphabet (a common myth is that the alphabet must be recited backwards, however, this is never done during an FST, as many sober people are unable to do this.).
*touch each finger of hand to thumb counting with each touch (1, 2, 3, 4, 4, 3, 2, 1).
*count backwards from a number such as 30 or 100.
*breathe into a "portable or preliminary breath tester" or PBT.

Although most law enforcement agencies continue to use a variety of these FSTs, increasingly a 3-test battery of standardized field sobriety tests (SFSTs) is being adopted. These tests are recommended by the National Highway Traffic Safety Administration (NHTSA) after studies indicated other FSTs were relatively unreliable. The NHTSA-approved battery of tests consists of the horizontal gaze nystagmus test, the walk-and-turn test, and the one-leg-stand. In some states, such as Ohio, only the standardized tests will be admitted into evidence, provided they were administered and objectively scored "in substantial compliance" with NHTSA standards (ORC 4511.19(D)(4)(b)).

FSTs are more effective at determining the level of impairment than they are at estimating the driver's blood alcohol concentration (BAC). However, studies question whether the tests increase the officer's ability to judge either. In 1991, Dr. Spurgeon Cole of Clemson University conducted a study on the accuracy of FSTs. His staff videotaped individuals performing six common field sobriety tests, then showed the tapes to 14 police officers and asked them to decide whether the suspects had "had too much to drink and drive". The blood-alcohol concentration of each of the 21 DUI subjects was .00, unknown to the officers. The result: the officers gave their opinion that 46% of these innocent people were too drunk to be able drive. This study showed the possible inaccuracy of FSTs. Cole and Nowaczyk, "Field Sobriety Tests: Are they Designed for Failure?", 79 Perceptual and Motor Skills Journal 99 (1994).

An increasingly used field sobriety test involves having the suspect breathe into a small, handheld breath testing device. Called variously a PAS ("preliminary alcohol screening") or PBT ("preliminary breath test"), the units are small, inexpensive versions of their larger, more sophisticated instruments at the police stations, the EBTs ("evidentiary breath test"). Whereas the EBTs usually employ infrared spectroscopy, the PAS units use a relatively simple electrochemical (fuel cell) technology. Their purpose, along with other FSTs, is to assist the officer in determining probable cause for arrest. Although because of their relative inaccuracy they were never intended to be used in court for proving actual blood-alcohol concentration, some courts have begun to admit them as evidence of BAC.

Investigation

The officer will typically approach the driver's window and ask some preliminary questions. During this phase of the stop the officer will note if they detect any of the following indicators of intoxication:

*odor of an alcoholic beverage on the driver's breath or in the car generally
*slurred speech in response to the questioning
*watery, blood shot, and/or reddish eyes
*flushed face
*droopy eyelids
*difficulty in understanding and responding intelligently to question
*fumbling with his or her driver's license and registration
*the plain-view presence of containers of alcoholic beverages in the vehicle.
*admission of consumption of alcoholic beverage

If the officer observes enough to have a reasonable suspicion to legally justify a further detention and investigation, they will ask the driver to step out of the vehicle.

Typical DUI investigation and arrest

Following are common procedures when a law enforcement officer has reason to suspect a driver is intoxicated.

Reasonable Suspicion to stop
There are several situations in which the officer will come into contact with a driver, some examples are:

* The driver has been involved in an automobile accident; the officer has responded to the scene and is conducting an investigation.
*The driver has been stopped at a sobriety checkpoint (also known as roadblocks).
*The police have received a report, possibly from an anonymous citizen, that a described car has been driving erratically. The officer should verify the erratic driving before pulling the driver over. In some cases, the driver will no longer be in the vehicle.
*The officer on patrol has observed erratic, suspicious driving, or a series of traffic infractions indicating the possibility that the driver may be impaired. This is by far the most common reason for stopping a suspect.
*A police officer has stopped a vehicle for a lesser traffic offense, notices the signs of intoxication, and begins the DUI investigation.

The following list of DUI symptoms, from a publication issued by the National Highway Traffic Safety Administration (DOT HS-805-711), is widely used in training officers to detect drunk drivers. After each symptom is a percentage figure which, according to NHTSA, indicates the statistical chances through research, that a driver is over the legal limit.

Turning with wide radius-------------------------------------65
Straddling center or lane marker----------------------------65
Appearing to be drunk----------------------------------------60
Almost striking object or vehicle----------------------------60
Weavin-----------------------------------------------------------60
Driving on other than designated roadway-----------------55
Swerving---------------------------------------------------------55
Slow speed (more than 10mph below limit)----------------50
Stopping (without cause) in traffic lane---------------------50
Drifting-----------------------------------------------------------50
Following too closely------------------------------------------45
Tires on center or land marker--------------------------------45
Braking erratically----------------------------------------------45
Driving into opposing or crossing traffic--------------------45
Signaling inconsistent with driving actions-----------------40
Stopping inappropriately (other than in lane)--------------35
Turning abruptly or illegally----------------------------------35
Accelerating or decelerating rapidly-------------------------30
Headlights off----------------------------------------------------30

If the officer observes enough to have a reasonable suspicion to legally justify a further detention and investigation, they will ask the driver to step out of the vehicle.
Reasonable suspicion requires less evidence than probable caus, but more than a mere hunc. A rule of thumb is that reasonable suspicion requires 25 % proof, and probable cause requires more than 50 % statistical chance. Therefore, if there is probable cause for arrest for DWI, as suggested by the research and examples used above, then there is reasonable suspicion to stop a driver.
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