If you intend to contest any aspect of your drunk driving arrest, you need a good DUI lawyer by your side. There’s certainly nothing in the law that states that you cannot act as your own attorney, but it is not a recommended course of action. Even if you have a good working knowledge of the law, you’re far better off being represented by someone who has the experience and education necessary to provide you with a good defense. Of course, not every lawyer is created equally. If you don’t feel you’re getting an adequate defense for your money, it is your right to find someone else. Here are some of the things your attorney should be interested in, regarding your case.

Your Activities and Consumption

If your DUI lawyer isn’t asking you any questions about what you were doing prior to being arrested, then he isn’t doing his job. This is crucial to the case at hand and may very well be the information that makes or breaks the case. Were you at a bar? A party? Were you sitting home, drinking in front of the TV? While the law doesn’t care where you consumed the alcohol before deciding to get behind the wheel, these details could matter when it comes to determining how inebriated you were at the time — if at all. If there were witnesses in attendance, they may need to be called for interview and possibly to testify on your behalf.

Officer Interaction

This is where the rubber meets the road, so to speak, and it is the very point upon which many a DUI lawyer has found his defense. A police officer must be very careful to uphold a citizen’s rights when detaining them for questioning or sobriety tests. If your rights were trampled during this time, it could be enough to throw out the whole case. Many communities are understandably vigorous when it comes to pulling drunk drivers off the road. However, there is a difference between vigilance and overstepping the boundaries of the law. Your attorney should be very interested in figuring out which happened in your case.

Your Criminal History

While prosecutors are forbidden to bring in prior criminal history to argue a case against a defendant, it is sometimes wise for a DUI lawyer to bring up the lack of one as an argument for their client. If this is the fourth or fifth time you’ve been in trouble with the law, the judge is much less likely to show you leniency than if this is the first time you’ve ever been arrested.

A Gainesville GA DUI lawyer knows the ins and outs of the legal system. Develop your case with the experienced firm at http://northgeorgialegal.com.

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Driving under the influence of alcohol, drugs or both is a serious misdemeanor since it endangers your own life and the lives of other drivers around you. In the state of California, it’s illegal to be driving any motor vehicle when your blood alcohol count is at or above .08. If you’re under 21 years of age, a blood alcohol count of .01 or more is illegal. If you are charged with driving under the influence of drugs or alcohol, you should hire a DUI attorney. This type of attorney specializes in DUI cases and will have a greater chance of getting your case dismissed or your punishment reduced.

DUI Penalties in the State of California

Authorities in the state of California take DUI offenses very seriously. The penalties enforced by the court are no picnic!

The first time you are caught driving under the influence could land you in jail for anywhere from four days to six months. Usually a fine of $390-$1000 is charged plus penalty assessments. In some cases the judge may allow you to do community service instead of paying a fine. Your driver’s license will be suspended for four months or for an entire year if you’re younger than 21. The court will decide if your vehicle will have an ignition interlock device installed or if your vehicle will be impounded. Typically first time offenders are required to attend DUI School for at least three months, and they’re kept on informal probation for up to three years.

If you’re found driving under the influence a second time or more, the penalties for each offense are harder. You’ll be in jail for 90 to 120 days with the possibility of doing 10 days community service in exchange for jail time. You’ll be fined another $390-$1000. Your license will be suspended for one whole year, and your vehicle will be impounded. You’ll be required to attend 18-30 months of DUI School. For a second time offense you’ll be placed under informal probation for 3-5 years, but if this is your third offense or more you’ll be placed on formal probation for the same amount of time.

DUI Court Procedure in the State of California

Once you’ve been stopped and arrested for drunk driving, you’ll need to contact your DUI attorney so he can be with you during your arraignment, your first appearance in court. At the arraignment, you will enter a plea of guilty, not guilty, or no contest. Then your pretrial date will be scheduled.

At your pretrial, your DUI attorney will attempt to negotiate with the prosecutor and obtain a sentence without proceeding to an official trial. If he and the prosecuting lawyer reach an agreement, the judge will sentence you immediately, but if no agreement is reached your trial date will be set.

You may choose whether or not you want a jury trial. The trial will proceed with opening statements made by each attorney, evidence presented and witnesses questioned. The prosecutor will present his evidence first, and then it will be your attorney’s turn. If you choose to use a jury, the entire jury must be convinced of your guilt before they sentence you as guilty of driving under the influence.

Whether you are convicted or not, it’s always best to have a qualified and experienced DUI attorney by your side through the entire process.

A great Sacramento DUI attorney can help you navigate the complicated legal system after you’ve been ticketed. Before you go to court, visit http://www.sacramentodefense.com

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There are few more helpless and frightening feelings than when you are being pulled over on suspicion of driving while intoxicated. Amidst the chaos and fear, however, it is important to remember that you do have rights. And while no one expects you to possess the knowledge of an experienced Arizona DUI attorney in that stressful moment, knowing your rights will go a long way if you are stopped and charged with driving while intoxicated. The Law Offices of Craig W. Penrod would like to remind you not only to seek qualified legal representation in the form of an experienced Arizona DUI lawyer, but to protect yourself at the scene by remembering and applying these helpful tips.

If you are pulled over on suspicion of DUI, you can expect to be questioned and to be asked to perform any number of field sobriety tests. At this point you should immediately ask to call an attorney. Our office has a 24-hour help line that will allow you to seek advice that can help you protect against incriminating yourself at the time of your arrest. If you are denied your right to consult with an attorney at the time of your arrest, it is a violation of your constitutional rights which could result in the dismissal of your case.

When pulled over always remember that you have the right to remain silent. Other than your name and address, you are not required to answer any questions asked of you, as they will no doubt be questions designed to incriminate you. You will be required to produce identification, registration and proof of insurance, and are required to submit to an analysis of your blood, breath or urine. You are not required to do anything else. You are not required to perform physical or field sobriety tests or submit to the “eye” test. If asked to do so, politely decline.

You have the right to refuse any field sobriety tests or other physical tests, and with good reason. The results of field sobriety tests are dependent upon a number of factors (height, weight, medical conditions, weather and lighting conditions, etc.) and not an exact science. Add the stress of the situation and the odds of passing such tests are exceedingly low. Say no to all requests for such tests; it’s your right and by far your best bet.

Remember that your first move when pulled over for suspicion of DUI is to ask to speak to an attorney. If you don’t know the number of an attorney, the officer must provide you with a phone book so that you may find one. Making this one simple phone call will allow you the lifeline you need to know what to do and what not to do at the scene, and how to protect your rights in an adverse situation

My name is Craig Penrod owner of the law office, we are experienced DWI attorneys protect and enforce your rights when you need it most. Learn more about how our Arizona criminal attorneys and Arizona DUI lawyers can assist you in formulating a defense by contacting our office.

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The DUI process for most is usually quite daunting. You have probably never been in trouble before, you probably were caught off guard by the traffic stop and arrest in the first place, and you are probably pretty embarrassed by the whole thing. Despite those feelings, however, you still have to take care of the problem. And that means navigating your way through the criminal justice system.

If you hired a good DUI attorney (which you should do as soon as possible) then hopefully they have at least described to you the general process that goes along with a DUI charge. I’ll to that here too, but I’ll also give you an idea of what happens behind the scenes, and what your DUI lawyer should be doing for you while you are going about your daily activities. I know that it can feel like your lawyer isn’t doing much for you, particularly if you just see them at court dates and it seems like not much is going on, but usually they are working hard for you behind the scenes to get you the best outcome possible.

The pretrial comes after the arraignment, which I’ve described in an earlier post. To summarize, the arraignment is your first appearance before the judge, is the time when the prosecutor has to specifically tell you what you’ve been charged with, and is the time when you enter your plea to the charges (at arraignment this should always be not guilty). As I stated in the previous article, my advice to you would be to hire a DUI attorney before your arraignment, as issues can arise that require the need of counsel. Once the arraignment is done, the court schedules your pretrial hearing, usually about a month down the road.

The pretrial hearing is the second procedural step in the criminal justice process. It, for the most part, is a time to come before the court to let them know how your case is progressing. And several things should have happened between the DUI arraignment and the DUI pretrial hearing. First, your DUI attorney should have asked for, and received, discovery on your case. Discovery usually consists of the police reports, the breathalyzer test reports, the breathalyzer test implied consent forms, and anything else that was gathered at the time of your arrest. This information is important because it will give your attorney an idea of the case the state has against you, as well as any weaknesses in the evidence.

Second, based on what the discovery shows, your attorney should have a chance to speak with the prosecutor about your case to see what the state is offering. If the case is strong against you, the offer is often not great. If the case is weaker, the offer is usually better. And when the offer is received your DUI lawyer should have a chance to point out what they see as the weaknesses in your case, as well as let the prosecutor know how some penalties may specifically greatly affect you.

There are times, however, for whatever reason, that the prosecutor and your lawyer have not been able to speak or the discovery has not yet been given, so a continuance is needed. And often a continuance is granted to give your attorney more time to investigate and negotiate with the prosecutor so that you can get the best deal possible.

If no agreement can be reached and the case is expected to move forward, the court will utilize the pretrial conference to set the remaining schedule for the case. This includes the motions hearing and trial. At the pretrial hearing the parties will also let the court know if they will be filing and motions and when they expect to have them filed by. After this point negotiations may continue, but they often rest on the results of the motions that are filed.

As you might expect, at the DUI pretrial hearing you will not have much to do. Your attorney will do all of the talking, and you just have to show up to show the court that you are still in the area and taking the case seriously. Oh, and if an agreement is reached, it is often at the pretrial hearing that the case is resolved (we’ll talk more about that process later). So, don’t stress too much about the pretrial hearing. As the defendant, you don’t have much of a role in this part of the process.

C. Small is a Seattle DUI attorney and Seattle criminal attorney with CMS Law Firm. The purposes of these articles is to demystify the process for you a bit, give you a little information in case you get in trouble, and show you that I know what I am talking about. If you find yourself arrested and charged with DUI in the Seattle area, give us a call today. We can help you minimize the damage of a DUI and will fight to get you the best result possible.

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Following an arrest for a DUI in Arizona, the Arizona Department of Transportation has the right to suspend your driving privileges. If you successfully completed a breath or blood test and the test results are not available or the results indicate your alcohol concentration is.08 or above, your Arizona driver license, AZ driver permit or nonresident driving privilege will be suspended for not less than 90 consecutive days. If you refuse to submit or do not successfully complete the specified tests, your Arizona driver license/permit or nonresident driving privilege will be suspended for 12 months. You only have 15 days to request a hearing in order to challenge the administrative suspension of your driving privileges.

If your driving privileges are suspended for 90 consecutive days, you will be eligible for a work/school restricted permit for the remaining 60 days if the Arizona Department of Transportation receives evidence indicating you completed an alcohol screening. If your driving privileges are suspended for 12 months, you will be eligible for a work/school restricted permit after 90 days if the Arizona Department of Transportation receives evidence indicating you completed an alcohol screening, installed a certified ignition interlock device and purchased a SR-22 insurance policy.

If your vehicle was impounded for 30 days after your Extreme DUI, Underage DUI arrest or Aggravated DUI arrest you only have 10 days to request a post storage hearing to determine if your vehicle will be eligible for early release. The owner of the vehicle, owner’s spouse, lien holder or other interested party has the right to request a post storage hearing.

Your first Court date will be set to an arraignment after your arrest for a misdemeanor DUI in Arizona. A not guilty plea to the charges should be entered and the case should be set to a pre-trial conference. A copy of all discovery in your case should be requested from the prosecutor assigned to your case. The discovery is all of the information relevant to your DUI case. The discovery should include police reports, crime lab records, videotapes, 911 calls, dispatch calls, interviews, photographs, diagrams, laboratory reports regarding breath, blood, or urine, police officer logbooks, field notes and witness statements. The goal in your case is to develop a strong list of defenses and work towards a dismissal of your DUI charges.

The evidence obtained should be investigated to determine if any valid motions should be filed to limit the admissibility of evidence at trial or have the case dismissed altogether. The investigation should include visiting the arrest scene, interviewing civilian witnesses and Arizona police officers and having your own tests performed. You can also hire an expert to review the evidence in your case to get their opinion. Once the discovery and investigation have been completed you will be in a better position to assess the case and your options.

At your pre-trial conference you can discuss the facts of your case with the prosecutor. A negotiated settlement of the case should be considered. The prosecutor may agree to reduce the charges or make a favorable recommendation regarding sentencing. Sometimes a plea agreement will have enough incentive for you to waive your right to trial and resolve your case. Another option is a plea to the Court and let the Judge assigned to your case determine the sentence for you. At sentencing, you can make arguments and present evidence concerning the appropriate sentence.

Everyone accused of a DUI in Arizona is entitled to a trial by jury. The jury will hear the evidence and determine innocence or guilt. The state has the burden of presenting evidence and proving beyond a reasonable doubt that you are guilty of the DUI charges. After the prosecution has presented all of its evidence, you will have an opportunity to present any evidence beneficial to your case. If a jury finds that the state has not proven its case beyond a reasonable doubt, it should return a verdict of not guilty. If the jury cannot decide, a hung jury may be declared and the case is retried. If the jury finds you guilty you will be sentenced by the Judge.

Jeff Weintraub has been practicing DUI defense in Arizona since 1996. Our objective at Weintraub & Weintraub ( http://www.duiattorneyarizona.com ) is to fight for your rights in a Court of law to avoid or minimize the effects of a DUI conviction.

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If you have been hurt by a drunk driver, you can and should do something about it. One of the worst things you can do is not to call the police. As soon as you suspect that the other person is intoxicated you should back away and gather their specific information if you can do so. In many cases, unfortunately, you may have been injured or otherwise unable to gather this information. Filing a police report is the first step, but you need to do other things in order to protect yourself from costly problems down the road.

Avoid These Mistakes

If you are hurt by a drunk driver, know that each state has very specific laws against driving under the influence of alcohol or drugs. In the state, those that violate this law face potential jail time, hefty fines and they must often pay restitution. Many lose their license because of multiple offenses. As the victim, there are several things you need to do to avoid being further victimized.

Contact an attorney before you do anything else. You will need to file a claim with your insurance company, but allow the attorney to help you through this process. You do not want to deal with insurance companies on your own.

Do not settle the case or claim right away in the hopes of receiving a larger check. If an insurance company claims to offer you a larger check right now, if you settle immediately, call a lawyer.

Collect all of the documentation and records of your losses to present to the lawyer. He or she will help you to get all expenses covered by the insurance company. This should include medical costs, lost time at work, loss of physical health and even pain and suffering in some cases.

Discuss what your options are. Most will have the ability to settle the claim with an insurance company if the company provides substantial coverage for all financial losses you have faced. Otherwise, it may be necessary to take your claim to court for a judge to rule on.

For those hurt by a drunk driver, the results can be devastating. Even if the damage is minor, though, you still have the need to discuss your case in full with your attorney. By doing this, you will have a better opportunity to collect all damages you are owed in full. Do not put off discussing your case with your lawyer either. The sooner you contact this professional, the better you will be at safeguarding your future.

If you have been hurt by a drunk driver in Atlanta, act fast. Get in touch with an extensively experienced attorney at http://www.christophersimon.com.

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It is one thing to play with a loaded gun while drunk in a room by yourself but to do so in public with no concern about the gun going off and killing the person sitting next to you, a child across the street or both is criminal and stupid at the most basic level. Drunk driving is no different–it is a deliberate use of force against others and oneself with a deadly instrument.

It is not as if the drunk driver is not aware of what he is doing. The daily news is full of the sudden and senseless tragedy that has befallen someone’s son, daughter, brother, sister, father or mother because someone else chose to get behind the wheel after getting drunk that day. These stories are repeated hundreds of times a day, every single day and yet hundreds of thousands of thoughtless people will drink, drive and kill or maim someone every year.

There are countless warnings in papers, on TV and in magazines every single day about how many drinks are too many but there is obviously something missing in the message because it seems like it is not getting through to hundreds of thousands of people. This is one more article put out there in the hope that someone, somewhere will read it and decide not to drive drunk and maybe, just maybe, save some precious life.

So what exactly is the definition of “drunk”? What most people don’t realize is that it is possible to be legally considered “impaired” by law even if one has not taken a single drink but has consumed some other substance that adversely affects one’s ability to drive safely. It may be an illegal drug or even a prescription medicine. The police can pull one over on mere suspicion that one is “driving under the influence (DWI)” if for example, one is driving erratically or weaving in or out of traffic lanes.

Many people who “feel OK” after a few drinks and decide to “chance it” don’t realize that all it takes is someone else to cause an accident, even a minor one, to land them in jail. The idiot behind you may cause a fender-bender. Some stupid dog may dash into the street and get under your wheels. A fool kid’s baseball may smash into your windshield. A tree limb may fall onto your car. These are all common events which in the normal course would be taken care of by the insurance companies and all would be well. But if you happen to have had a couple of drinks or more, you could have a jail record to your name for no fault of your own. And that would be the best case. In all likelihood, you would spend thousands defending yourself in court and even more in sharply higher insurance for years. You may lose your job because you can’t drive or find it difficult to get another one. In short, you would ruin your life and those of your loved ones. Is it worth it?

You decide.

Just in case you decide not to drive drunk, call a friend or a cab. And please pass the message along.

For more information on drunk driving, go to DWI in Texas and Choosing A DWI Lawyer.

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One leading cause of death and one of the top causes of debt is driving drunk. Celebration, prom or special events are typically when driving drunk is considered some of the most deadliest times. The alcohol consumed by the drinker can affect other people as well as himself.

Driving under the influence or (DUI) has serious consequences associated with it. Driving drunk can cause the loss of your license. Loosing your license takes away the freedom and privilege of going wherever you want whenever you want. During this time you have to ride the bus or beg someone to give you a ride. In the end it turns out to be a huge a hassle, but not as bad as some of the other consequences.

If you decide to get behind the wheel after drinking you are risking not only your life but the lives of others on the road. If you get in an accident and someone dies the penalty is on you. The result of this could be a guilty conscience and/ or a year or more in jail. If your friend is riding with you and they die, you won’t ever be able to see them again, and could cause some people to have deep depression.

Lastly and least important, are the fines behind it all. Depending on your case the normal fines can be more, but on average it runs about $300 to $1,000. This doesn’t include court fees or attorney fees. Another fee you’ll have to pay is your insurance rates will rise in order to cover some of the damages. Also you will have to pay for any damages of other drivers’ car or hospital bills. This, as you can tell, gets really expensive and will cause huge debt.

The statistics are true, but still won’t keep people from driving after they have been drinking. One thing they always say is that they didn’t drink that much. But it doesn’t take much to get drunk. With one little decision you can save thousands of dollars and most importantly save lives.

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The facts about drunk driving are so horrendous and scary that simply to be aware of them will by itself introduce a measure of sobriety in us and a willingness to do more than just stand by while hundreds of people are killed or injured every year. You can literally help save a life today by simply reading the following statistics, understanding the gravity of the situation and by sharing these facts judiciously with those who you think may also be in a position to help.

1) One in three of us will be involved in an impaired driving accident during our lifetime.

2) One in three 13-year olds drinks alcohol.

3) Kids who start drinking young are 7 times more likely to be involved in a drunk driving accident.

4) More teenagers die in car accidents than from any other cause and one in three of these accidents are due to drinking and driving. The severity of accidents increases with the involvement of alcohol–2% property damage, 4% bodily injury, 22% death.

5) Six thousand people die every year because of teenage drinking and this is more than all other illegal drugs combined. More males than females are involved–26% male teens versus 13% female teens. Alcohol use makes it less likely that these kids will be wearing safety belts–of those that were killed in a drinking and driving accident, 73% were not wearing seat belts.

6) High school students who use alcohol or other illegal drugs are five times more likely to believe that good grades are not important and drop out of school.

7) One person will die every 50 minutes in a drunk driving accident in the United States. That’s 10,839 people this year.

One person is injured every minute in a drinking and driving accident. That’s over half a million people this year, the entire population of Tuscon, Arizona, Omaha, Nebraska, Sacramento, California or Atlanta, Georgia.

9) Every adult in the United States pays $500 every year because of impaired driving.

10) The average habitual drunk driver has driven drunk 80 times before he is caught for the first time. These traffic stops often result in the identification of criminals who are suspected in other crimes.

Remember, today it is someone else’s son, daughter, father, mother, brother or sister who is killed or seriously injured by a drunk driver but tomorrow it could be your turn. No matter what you think, you are not special.

To learn more about drunk driving, please visit DWI in Texas and Auto Insurance Costs.

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Statistics demonstrate that Queensland Police administer approximately 3 million breath tests per annum. 8,032 detected drink drivers or more than one in four in the 2007-08 financial year had at least one previous drunk driving offence in the last five years.

Alarmingly, the 2004 to 2007 crash data shows that drivers with prior drink driving offences were 5.44 times more likely to be a drink driver when involved in serious casualty crashes. It follows that sanctions such as fines or licence disqualifications are not deterring a large proportion of drink drivers from committing further offences.

To combat these statistics, on 6 August 2010, Queensland introduced alcohol interlock legislation, which requires motorists to install alcohol interlock devices where they have been convicted of:

1. A drink driving offence with a breath/blood alcohol concentration of 0.15 or more;
2. Driving under the influence of liquor;
3. Failing to provide a breath/blood specimen for analysis;
4. Dangerous driving while affected by alcohol; or
5. Two or more drink driving offences of any kind within a five-year period.

The interlock devices are designed to prevent a driver who is under the influence of alcohol from operating a vehicle by requiring a specimen of breath before the vehicle will start. Currently the cost of the device is approximately $2000. Motorists are required to have the device fitted to the vehicle and must comply with the requirements for a cumulative period of at least 12 months.

While this new legislation adds additional cost to drink drivers, such cost is balanced against the protection of the community and the opportunity for drivers to obtain their mobility, employment and family commitments.

The day after the court ordered disqualification period ends, the drink driver is required to apply for a new “I” interlock licence. If during the course of the program the driver is intercepted in another vehicle, or starts the nominated vehicle without providing a breath specimen the legislation prescribes a maximum fine of $2800, further disqualification and an order to start the interlock program again.

Drivers are also permitted to opt out of a program, however they will be prohibited from driving a motor vehicle for a minimum period of 2 years (in addition to the disqualification period). Further if intercepted whilst unlicensed they face a maximum fine of $4000 and a further disqualification period of 6 months.

Some exemptions have been built into the legislation to assist the disadvantaged from an otherwise crushing disqualification period.

A criminal lawyer is able to assist you with any issues arising from your drink driving charge or participation in the Alcohol Interlock Program. The consequences of not complying with your obligations could be catastrophic for your employment and family responsibilities.

Criminal law is a unique and complex area of legal practice. It requires an understanding of a myriad of relevant laws, court procedure and an ability to advocate on behalf of your client. Michael Gatenby established Gatenby Criminal Lawyers as a boutique criminal law firm to provide strategic representation for those charged with criminal or traffic offences. We understand criminal practice, its all we do.

When your liberty and reputation is at stake, you should demand a lawyer with the skills and commitment to provide your fearless defence. Visit our website http://www.gatenbylaw.com.au or contact us for advice (07)55800120. We regularly appear in all Queensland Courts and travel interstate

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