It is a scary statistic that car crashes are the leading cause of teenage deaths. Over one third of those are alcohol related.
If you feel that you may be able to plea bargain a DUI charge to a reckless driving charge, then hiring a lawyer is going to be your best option. Not only is plea bargaining an art form of sorts, but your attorney’s preexisting relationship with the prosecutor can also make things go more smoothly.
Did you know that many DUI charges are invalidated because the arresting officer didn’t follow proper procedure? Let’s talk about everything that happened when you were stopped so that we can determine if your arrest was even valid.
If you have been cited for a DUI, then hiring a good attorney is critical in order to minimize the consequences you face. He or she will be able to at least secure for you a good plea deal, which will result in less jail time and fewer fines.
So what exactly does a police report entail when it comes to DUI cases? This is a written record both of your arrest and the surrounding evidence that will be used in court. This report is also forwarded to the state Department of Motor Vehicles.
It’s important to understand that when it comes to DUI cases, there are several different types of plea bargains. This includes pleading guilty to a less serious offense than you are charged with, the dismissal of one charge in exchange for a guilty plea on another, and agreeing to a reduced sentence.
One of the benefits of hiring a DUI attorney right from the start is that they will be able to examine your case and the evidence that’s available and find elements that might be challenged in court. This includes everything from traffic stop protocol to the proper administration of testing procedures.
Driving under the influence is an even more serious concern for people under the age of 21. Most states have laws that establish a zero tolerance for younger drivers who have any amount alcohol in their system.
Your ability to drive after a drunk driving conviction often comes down to whether you have a license and insurance. After a conviction, many auto insurance companies will cancel your policy.
Under the law, an adult who has a blood alcohol content, or BAC, of 0.08 percent or above is considered guilty of a DUI (driving under the influence). This is the case no matter how sober the driver feels at the time and even no matter how well he or she happened to be driving.
One benefit of hiring a lawyer for your DUI case is that they can help you to plea bargain, particularly if the evidence isn’t airtight. For instance, if the BAC is close to 0.08 or if the field sobriety tests were inconclusive, your attorney may be able to get the charge reduced to reckless driving.
If you do get your license revoked for a DUI there is the possibility of obtaining a Restricted Drivers Permit (RDP). This is a complex process and involves proving that it is an undue burden for you not to drive to work, school, medical appointments or AA meetings.
No matter what the penalties for a DUI conviction – fines, community service, jail time – your DUI attorney can fight to get your sentence or punishment reduced. A DUI attorney knows things about the law that you don’t, and that can help.
While the potential punishment from a DUI conviction varies around the country, it is common to expect fines and court fees in the hundreds of dollars, even approaching $1,000.
Did you know that even a blood alcohol level of 0.03% causes a sense of euphoria, with impaired judgment and coordination? A blood alcohol level above 0.08% (the legal limit) can lead to a sedated state with impaired comprehension and delayed reactions.
When you set your case for trial following a DUI charge, in many cases you may either request a bench trial heard by a judge or a jury trial heard by a group of your peers. Either way, you will be required to attend every day of your trial.
There are many times when just about everyone has “mouth alcohol” (the presence of alcohol in the mouth) even when they have not been drinking. It can be caused by mouthwash, normal bodily events bringing alcohol up from the stomach, even certain hernias can create the effect. If you have not been drinking but have been cited, seek legal advice and guidance.
The limit for legal intoxication is typically when a breath, blood or urine test registers a blood alcohol content of 0.08%. However, minors under the legal drinking age may be declared ‘under the influence’ at a lower BAC (blood alcohol content) percentage.
So how exactly does plea bargaining work in DUI cases? This is a process by which your lawyer and the prosecutor work to reach a compromise. Basically, the defendant enters a guilty plea in exchange for a reduced charge, fine, or jail sentence.
According to a study, using your mobile phone while driving is just as dangerous as driving while intoxicated, causing drivers to miss traffic signals and have a slower reaction time to driving conditions.
One way to defend against a DUI arrest is to show that the officer didn't have a valid reason to pull you over initially. If your DUI lawyer can prove that, a court may throw out the arrest.
In a DUI case, it’s critical that you appear in court at your appointed time. If you miss your date (even if it’s for a good reason), a warrant will be issued for your arrest and this will most likely add to the penalty phase of your action.
So what’s the difference between a felony and a misdemeanor DUI? Basically, misdemeanor charges means that there was no injury or property damage involved in the infraction, with the penalty being up to 6 months in jail. In contrast, a felony may entail as much as 3 years in a state prison.
“Nystagmus” is one type of field sobriety test administered during a suspected DUI stop. Here, the officer will position an object such as a pen 12 inches away from the driver’s face and move it from side to side while watching their eyes. Essentially, the officer is looking for involuntary jerking or trembling of the eyeballs.
