Treatment Instead of Jail

June 16, 2010 By Leave a Comment

By Christian Shire

DWI Courts

DWI Courts are not as well established or necessarily separated from their sister court, Drug Courts, but they continue to provide a welcome alternative to time spent in jail or more superficial forms of punishment through the criminal justice system. People who are arrested for a DUI offense or commit crimes while under the influence of alcohol with indications that they have a serious alcohol problem either by a history of alcohol-related arrests or a significantly high BAC (blood alcohol content) may get processed through the DWI Court or Drug Court system.

Better Results

The DWI Court was established in recognition that the crime needed to be punished, but at the same time the underlying problem of alcohol abuse and addiction needed to be addressed as well and the court seeks the hardcore repeat offenders. With as many as a 1 in 3 DUI arrests being repeat offenders and over half of fatal car accidents involving a drunk driver, treatment and education is way to fix the problem at its root and keep the community safe. The program seeks to make the offender accountable for their actions and provides the supervision and support necessary to live a healthier lifestyle.

Supervised treatment

After arrest, if a candidate is seen as needing treatment, they will undergo a clinical assessment to see the severity of dependency, medical and mental health status, extent of social and familial support and individual level of motivation to change. Then a treatment plan will be developed according to the needs of the offender and they will then begin treatment under the supervision of the court. This will usually involve frequent and random testing. Since alcohol leaves the body much quicker than other drugs, they have developed a number of creative and effective ways to check other than the Breathalyzer including technology to detect alcohol through voice analysis that can be done over the phone.

Long Term Treatment

The program set out by the court usually involves intensive supervision by a probation officer, counseling, attending AA and 12 step meetings, community service activities, court appearances and can include vocational training. Programs general last for 9 or more months with some courts having an aftercare period with reduced counseling and testing sessions, but regular AA attendance.

Although the DWI Court program is voluntary, failure to follow the rules can result in loss of points within the program, increased length and repetition of treatments and jail time.

Is DWI Court for you? Find out at http://www.choosehelp.com/alcoholism/dwi-court-alternative-sentencing-for-alcoholics.html/

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Filed Under: Arrested, DUI Tagged With: , , , , , , ,

Why You Need Good DUI Attorneys For DUI – DWI Charges

October 23, 2009 By Leave a Comment

By Syn Nuh –

If you have been arrested for driving under the influence (DUI) the first thing you will want to do is find a good DUI Attorney. Under a drunk driving charge you could be facing jail fines, DUI education, an increase in your auto insurance rates, a mandatory ignition interlock device among many other consequences. DUI Attorneys will normally consult with your to review your case free of charge to determine the best strategy to follow for your situation during your first meeting. In some states your license can be suspended if you or your DUI attorney haven’t responded within a few days of your arrest and a skilled attorney will know how and when to respond to prevent this.

An arrest for DUI is a scary experience. Not every arrest should be considered a conviction because for example sometimes the breath testing equipment may not be accurate. Just because you have been arrested for a DUI doesn’t mean you shouldn’t fight for your rights.

Penalties and consequences for DUI arrests are increasing every year. An arrest could mean you face mandatory jail time, suspension or revocation of driver license and driving privileges (some cases for the rest of your life), increased auto insurance premiums, installation of an interlock device, and so on. If your job depends on your being able to drive, a DUI arrest could mean the loss of you current job and prevent you from obtaining future employment. In some situations a DUI arrest could influence the outcome of other non related pending cases such as a divorce or custody of a child. A DUI arrest is also embarrassing to the offender and their family.

Finding a good DUI attorney can be the first step in reducing the charges and sentencing that from getting charged with a DUI. The DUI lawyer will be able to walk you through the judicial system based on his previous experiences.

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Filed Under: About Attorneys, DUI, DUI Court Tagged With: , , ,

Do You Know Where to Turn After a DUI Arrest?

October 22, 2009 By Leave a Comment

By Violet Ebert –

Were you aware that driving under the influence is the number one cause of automobile accidents in the United States? Every year, there are 25,000 deaths and 708,000 injuries as a direct of result of accidents caused by those who’ve had too much to drink. Those are staggering statistics. So what happens when you made the same bad decision in driving under the influence? The answer lies with your Washington DUI attorney.

A DUI arrest is nothing to take lightly. There are severe repercussions that come with a DUI on your record. First off, it can potentially affect both you professional and personal credibility. It can be a severe black mark on an otherwise clean record. A DUI arrest could mean you are not eligible or suitable for a number of jobs. This is especially true if your job involves driving for a living. You can’t exactly drive with a suspended license. A Seattle DUI lawyer can make sure you life isn’t impacted too severely.

Obviously none of this sounds quite appealing, making a Washington DUI attorney even more important. They can hopefully minimize the negative impact of a DUI charge. This can range from suggesting a plea bargain or pleading guilty to a lesser charge, with a less severe punishment. Your Seattle DUI lawyer is the best option you have in knowing your rights and what is the best course of action. Here are the three main items to look out for when searching for a Washington DUI lawyer:

Case History
Their case history means their standing in the courtroom and in society. It also means how many cases they or their firm has won. If your Washington DUI lawyer has not won that many cases, then it probably is a smart decision to find one who has. The last thing you want is an attorney who promises a lot but delivers very little, except a bill at the very end.

Experience
A smart decision is to check the amount of time your lawyer has served in a court of law setting. You can’t underestimate the importance of this. Do you trust your case to an attorney who has never seen a courtroom before?

Price
Price is probably the one issue both parties must be clear on. You want a Seattle DUI lawyer whose price is affordable. Ask about their costs, fees and when you are responsible for payments. Choose a lawyer who is affordable, honest, and upfront with all costs.

Violet is a Seattle DUI lawyer passionate about handling your DUI charge, with ease, speed and professionalism. Trust your case to a dynamic Washington DUI attorney. A Washington DUI lawyer can act swiftly on your behalf.

Article Source: http://EzineArticles.com/?expert=Violet_Ebert

Filed Under: Bail, DUI, DUI Court, Jail Tagged With: , , , ,

Is DWI Probation Supervision Worse Than Prison?

October 19, 2009 By Leave a Comment

By Lawrence Newman –

My job is to protect my clients. Avoiding a term of probation supervision is part of that protection. I do recognize the value of the probation department, and when it is appropriate, their services can be invaluable.

For younger people whose parents can not control them (the out of control teens) NYS has a PINS Program (Person In Need of Supervision) and pre-PINS probation program. These forms of probation are where the child reports to a probation officer who provides the child with resources, supervision, and direction (psychological counseling, drug counseling, job counseling, school counseling). I do feel that probation is a good thing for some adults as well. As an alternative to incarceration, probation supervision allows them to remain gainfully employed and get counseling for their drug/alcohol issues. Tompkins County also has a Felony Drug Court Program which is probation based, and more intense in it’s rehabilitative goals.

Where I have an issue with probation is where it is recommended or the prosecution wishes to apply it to those adults who do not have drug and/or alcohol dependence issues. Some of these people would not benefit from Court Ordered Probation Supervision. I feel in some respects it is a punishment worse than a short jail sentence.

Recently I was in Court, and was watching an attorney and his client go through a plea and sentencing for a DWI. I observed the judge tell the attorney that because of Probation his client could not now get a condtional license at the DMV. The attorney had a look of shock. What he did not know, and what he failed to tell his surprised client was that once the probation department is involved (You are ON Probation or IN Probation) they decide when and if you get your license back. Not the Court and Not the DMV.

Some of the “terms and conditions” of a three year or five year probation:

1. Report to a Probation Officer or have the Probation Officer make surprise (unannounced) visits to your home or elsewhere (perhaps your job).

2. Remain within the Jurisdiction of the Court unless granted permission to leave (No random visits to relatives or friends or potential job opportunities in other states).

3. Be available for questions from your probation officer.

4. You must receive permission (prior consent) from your Probation Officer before you move, change your job, or remain away from home past 12:00am.

5. Refrain from disreputable people or places.

6. Abstain from the use of all drugs (except by prescription), as well as the use of any intoxicating beverages (alcohol).

7. Stay away from all places where (intoxicating beverages) they are sold or served for on-premises consumption.

8. You must submit at any time without notice and without a search warrant to a search of your person, residence, vehicle, or other personal property, leased and/or owned that is not your residence and any area under your immediate control and permit seizure of any contraband.

9. You must be granted permission to obtain any type of driving privilege or license whether conditional or unconditional.

10. You may have to place an ignition interlock device on your car, and at your expense as required by the Probation department.

11. You have to submit upon request with or without prior notice to any appropriate test including breath, blood, urine or saliva for the purpose of determining the alcohol and/or drug content.

12. Undergo an evaluation for alcohol and/or substance abuse and follow through with any treatment and/or counseling recommended, including inpatient and/or aftercare treatment, and shall undergo said treatment for as long as required, all at your expense.

13. Attend and actively participate in and successfully complete counseling/treatment/educational programming/self help group as designated by Probation.

14. Not drive a car without permission of Probation. Must inform Probation of all cars owned or operated and their plate numbers.

15. Work faithfully at a suitable employment or pursue a course of study or vocational training that can lead to suitable employment. You can not quit or change employment without permission by Probation.

16. You are not allowed to own, use, or possess any guns, rifles, shotguns, stun guns, taiser, swords, ballistic knives, gravity knives, weapons, etc.

As to true understanding of the application of the Probation Department’s terms. I have had clients have to decline better employment in neighboring states. I have had client’s have to submit to liver enzyme blood screens with Probation seeking to discover weekend drug use.

In some counties, it is well known that their Probation Departments do not give permission to have a driver’s license for years. So some things can truly be worse than three or four months in prison.

Larry Newman, Ithaca DWI Lawyer http://www.ithacadwi.com http://ithacadwi.blogspot.com

607-229-5184

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Filed Under: DUI, Probation Tagged With: , ,

Don’t Ride Out Your DUI Case Without a DUI Attorney

October 15, 2009 By Leave a Comment

By Chuck R Stewart –

If you are seriously reading this article, chances are you are closely studying important details about DUI for a number of reasons. You or a family member may be facing the grim prospect of a DUI or DWI charge. One of your major concerns is getting the expert assistance of a competent Las Vegas DUI attorney. The most suitable legal counsel is the person who can unravel the legal threads that can be so confusing to the lay person.

DWI and DUI are serious criminal charges that are associated with the operation of a motorized vehicle with alcohol blood level over and above the allowable limit. Each state has different legal limits, so it is important to get counsel that is licensed in the state in which you are charged: not the state you live in. These serious legal misdemeanors can lead to severe consequences that can affect the person driving the motorized vehicle, other victims and the public in general.

Studies have estimated that about half a million Americans are affected in varying degrees as a result of this type of arrest. Consequences vary from minor injuries and deaths from vehicle accidents which also result to up to an astonishing $100 billion worth of direct and indirect losses annually.

We are now witnessing many instances where defense lawyers have had considerable successes in DUI court cases. However, we are also seeing the sustained increase in DUI and other alcohol-related arrests since the 1970s. With the increased vigilance and awareness about the dangers of driving while under the influence, authorities have been implementing stricter rules and regulations to keep us safe from this road menace.

If you have been arrested and charged with a DWI or DUI offense, you will have greater chances at your defense if you get the services of a good Las Vegas DUI lawyer. He can work to get a reduced charge or even a dismissal. An experienced attorney will be able to explore legal options that are most appropriate for your legal defense. He can easily assess if there are possible miscues or mistakes in processing your arrest of which he can capitalize on to get dismissal or favorable concession from the prosecution. There are a lot of instances that the right counselor is able to get an outright dropping of all charges after establishing that there were errors in determining the blood alcohol level of the persons being charged. With these occurrences in the past, it is imperative that you seek the help of a competent defense lawyer as soon as possible.

When you are having your consultation with your lawyer, it is important that you are honest and straightforward with your facts and shared information related to your case. All the information that you share with your DUI defense lawyer will be held in strict confidentiality and will be protected under the client-attorney privilege.

Don’t ever attempt going to court on a DUI or DWI charge without a competent counselor. As long as you get the services of a sharp and experienced defense lawyer, you can explore many legal options that may not even require you to go to an open court proceeding.

Chuck Stewart recently spent time researching law firms with a  Las Vegas DUI lawyer on staff. he was impressed with the Las Vegas DUI attorney on staff.

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Filed Under: Arizona DUI Laws, DUI, DUI Court Tagged With: , ,

DUI Lawyer Costs – What Should You Pay For a DUI Attorney When You Go to Court?

October 14, 2009 By Leave a Comment

By Tom Macinaw –

Are you getting ready to deal with your recent arrest and you know you need a lawyer? Do you want to know what the DUI Lawyer Costs are and how much you should be willing to spend? There are many ways to look at this situation and here is what you should expect. Here are just a few things you should know when you are facing a DUI.

If you are facing a DUI charge you could spend time in jail, on probation, doing community service, without a drivers license, and spend a lot of money for these things as well. This is not to mention that you will probably have to go to a series of classes having to do with drinking and alcoholism.

This is why the DUI Lawyer Costs should not matter too much. Think about it this way, if your lawyer keeps you out of jail and you do not miss any work or lose your job because of this problem, then he or she is worth a few thousand just for that. This does not mean that they will charge you this much.

Most DUI Lawyer Costs are under $1,500 and can be much lower depending on your area and the lawyer you choose. You just want to make sure you get one that will help you the right way and will get you a deal that you can handle and not one that will just get you the regular deal that everybody gets anyway. Click Here Now to discover how to find the Best DUI Lawyer in your area!

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Filed Under: About Attorneys, DUI, DUI Court Tagged With: , ,