Drunk Driving and Implied Consent Law

By James Witherspoon -

All states have set a legal blood alcohol content, above which you can be charged with driving while intoxicated or driving under the influence. Additionally, most states have “implied consent” laws under which law enforcement officials can arrest you for driving drunk even if you refuse to submit a breath or blood sample.

Although some argue that implied consent laws violate your rights against self-incrimination and illegal search and seizure, the justice system has argued that driving is actually a privilege, not a right, and therefore it can be taken away from you. Additionally, because drunk driving has proven to be so dangerous, they believe that it is better to remove drunk drivers from the road without expressed consent rather than allow them to remain a hazard on the roads.

Thus, when you get in the car and turn on the ignition, you are “consenting” through your actions to subject yourself to drunk driving tests should police tell you to pull over. If the circumstances, such as your inability to drive safely, suggest that you are driving while intoxicated, then law enforcement officials can act on implied consent laws and request that you submit a sample for chemical BAC testing.

If you still refuse to consent, the police cannot forcibly extract a sample unless you have caused a serious accident. However, they can still arrest you for “per se intoxication,” meaning that although the police do not know your exact BAC, they have reason to believe that you are a danger to yourself and others due to drunk driving.

After this, your license can be revoked for 180 days. If you have a previous DWI or DUI conviction, this can jump to a 2-year license suspension.

If you have been charged with drunk driving, you are still innocent until proven guilty, and you are still afforded certain rights.

To help you protect these rights as well as handle your charges, you should contact an experienced Dallas criminal defense attorney from the Lassiter Law Offices today.

James Witherspoon

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Military DUI Charges

By James Witherspoon

Military service members are held to higher standards than the average civilian in many different ways. When it comes to conduct and following the law, there is little room for error. Servicemen and servicewomen are expected to always abide by the law and to never put their fellow soldiers or civilians in danger. When a service member behaves recklessly or breaks the law, he or she may be arrested and charged in a military court.

Military DUI is a specific type of DUI charge that is reserved for members of the military who are on a military base and or on active duty. A service member who is caught driving while drunk may be arrested and charged with a Military DUI. It is important to know that the military law regarding drunk driving is much different than state law. While most states have a legal limit of 0.08% BAC, a military court can convict a serviceperson for having any level of alcohol in their system. If the court believes that the individual had been drinking enough to be impaired, he or she may be convicted of Military DUI.

Penalties and Consequences

Because the military abides by strict codes above and beyond civilian law, a these DUI charges can have greater consequences than a civilian DUI. If convicted, the service member may be penalized with a prison term and costly fines under federal law. Additionally, he or she may be dishonorably discharged from the military, effectively ending his or her military career. Clearly, even a single offense could have drastic repercussions that greatly affect a serviceperson’s professional and personal life.

For More Information

If you are charged with a Military DUI, it is important to consult with a lawyer who understands military law and has the experience to properly defend your case against a court martial.

To learn more about Military DUI charges and criminal defense, visit the website of the Arizona DUI lawyers of Thompson & Volquardsen, P.C. today.

James Witherspoon

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What to Do After a DUI Stop

By Kimberly W. -

Sometimes bad things happen to good people. Maybe you made a poor decision to drink and drive and were arrested for DUI; but maybe it was a bad arrest and you were guilty of nothing more than being at the wrong place at the wrong time. Either way, if you need a Chester County DUI lawyer, you need to contact one who competent, local and intimately familiar with Pennsylvania DUI law. Before even getting to the point of contacting a lawyer, there are some things you should do after being stopped on suspicion of DUI.

First of all, it’s important to determine whether law enforcement officials actually witnessed behavior that led them to believe the accused was driving under the influence. Did police officers see the driver swerving or observe other signs of intoxication? Was the stop made at a DUI checkpoint? Did the accused cause an accident? Obtaining this information is vital since if the officer’s performed an arrest without just cause, it may be possible to have the evidence suppressed and the charges dropped. Some signs that are commonly used by the police to determine if a suspect has been drinking are:

Turning with a wide radius

Straddling the center of a lane marker

“Appearing to be drunk”

Weaving

Speed more that 10 mph below the speed limit

Stopping without reason in the traffic lane

Braking erratically

Persons stopped on suspicion of DUI are not required to answer questions designed to be incriminating. It is appropriate in a traffic stop to respectfully request to speak with your attorney. Do not be belligerent or overly casual with the officer(s), your best course of action is to remain calm and business-like. You may not necessarily be allowed to speak to a lawyer immediately, but by making your wishes known, the police may be less eager to question you extensively regarding your activities prior to being stopped.

You have a right to refuse field sobriety or blood/urine tests to determine whether or not you have consumed alcohol, however, you should be aware that such refusal may be interpreted as a tacit admission of guilt and may carry adverse consequences.

Once you have been formally arrested, Philadelphia DUI lawyer are here to help and on your side. In Pennsylvania, DUI offenses are broken into three tiers based on the blood alcohol level (BAC) of the accused. BAC’s of between 0.08% and 0.10% are in the lower tier, between 0.11% and 0.16% fall into the middle tier and above 0.16% places the accused into the higher tier. Each tier has specific mandatory penalties that are associated with it. In order to fully understand these penalties and their implications, you need to contact a Chester County DUI lawyer who is experienced in dealing with these issues. It may be possible under the Assisted Rehabilitative Disposition (ARD) program, a pre-trial intervention program for non-violent offenders with no prior record, to avoid jail time and have their license suspended for only three months – much less than it would be if you were convicted of DUI.

Phildelphia DUI lawyers
Chester County DUI lawyer

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What to Expect From a DUI

By Jonathan Stone –

When a police officer pulls you over on suspicion of DUI, it can be a very scary situation, and you will want to know how to deal with it properly, both before and after any arrest is made.  But whether you read any further or not, know that finding a good DUI lawyer is the most important step right now to getting yourself back on track!

Chemical Tests such as Breath Test

In many states, implied consent laws essentially force drivers to consent to BAC testing if an officer has suspicion that the driver is under the influence of alcohol.  Refusal to take the test could result in up to a full year suspension of your driver license.  It is recommended that you consent to such tests since even if your BAC is tested above the .08 legal limit, the maximum license suspension is often less than it would be should you refuse to have the test taken at all.  Consult a lawyer for more information on how to approach this situation in your state.  If you do refuse the test, the officer must inform you of the penalties for test refusal.

• The Breath Test: In many states, a breath test cannot be administered by just any person, sometimes not even by the officer.  The person administering the test must be a “qualified person” using approved instruments.

• Blood Test: Depending on which state you are in if blood is taken there could be time limits.  For example, in Maryland, a blood test for police testing has to be taken within two hours of driving and must be administered by a licensed professional.

If You Are Arrested for DUI:
The DUI BAC limit is .08.  Plan on an arrest if you test higher than this.  Other consequences could occur.

• Your license will almost certainly be confiscated by the officer, and you will be given a temporary license. In many states, by law you only have 10 days to request a hearing.  If you do not request the hearing within this time limit, your license is gone for a long period of time.

• You need to find a good DUI lawyer in Baltimore is your best chance of finding the best possible outcome for your situation, and getting yourself back on track.Jonathan Stone is an expert on the practical implications of criminal law. He lives in the Baltimore, Maryland metro area and writes articles for information hubs such as BaltimoreDUIlawyers.org and Virginia DUI Lawyer Virginia Blog.

DUI Penalties – Do We Need to Be Harsher?

By Wayne A. Campbell -

Even as DUI penalties become more harsh, people still drink and drive. Is the answer really stricter penalties when faced with the facts? Or should we take a different approach?

According to an official government pamphlet put out by the Province of Ontario, “there are about 13,000 drinking and driving convictions recorded annually in Ontario.” This number does not take into consideration the number of drunk drivers that are not caught, or, who are caught and manage to get off the charges. According to the Province of Ontario, the majority of the 13,000 annual convictions are first time offenders – perhaps they’ve driven impaired before, but have never been caught. Or perhaps one night, their judgment about their own impairment was – well – impaired and the did something they never thought they would do.

Are harsh penalties truly the answer? Penalties that will wreak financial ruin on many, making them unable to work and earn an income? Or is there a better way to prevent drunk driving in the first place?

Drunk driving is an interesting criminal offense in the sense that it’s an illegal offense often without intent. In other criminal matters, the fact that someone was under the influence of alcohol is taken into consideration with regard to intent. The more alcohol a person may consume prior to engaging in a criminal activity is compared to the intent of a person who was sober and calculating before they committed the offense. It’s recognized that alcohol can be a mitigating factor in determining intent.

Yet, driving while impaired, there is no consideration that a person’s judgment may have been impaired; simply having an impaired judgment and then getting behind the wheel is a criminal offense in most jurisdictions.

Why not prevent it in the first place by making ignition interlocks mandatory in all vehicles? That way, the vehicle cannot be started unless a sober person blows into the ignition interlock prior to the vehicle being started. Years ago, there was a huge outcry from many circles when seatbelt laws came into effect, but for the sake of the greater good, and the fact that seatbelts saved lives, eventually seatbelt laws and safety requirements around seatbelt laws have become to be accepted. So why not legislate that all vehicles also have an additional safety mechanism – an ignition interlock – to ensure the driver is sober?

It may not solve totally the problem of impaired or DUI driving, but if it substantially cuts down on the problem, then isn’t worthwhile?

In the meantime, read my story, and how I wished I had my own personal breathalyzer before I got into my vehicle – not only could I have been prevented from causing major property damage, but also wouldn’t have to endure the dui penalties imposed in Ontario.

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Choosing the Right Criminal Attorney

By Elliot Y.

In the United States, the criminal justice system is extremely complex. This is the reason that it requires specially trained experts – called attorneys and lawyers – to help someone navigate their way through a case or legal matter. When someone is involved in a “criminal” issue, their need for a well-trained attorney is even more significant. This is because criminal cases are capable of putting someone in prison for a long period of time, or even for the rest of their natural life.

If you are someone involved in a criminal matter – whether it is theft, drug possession, drunken driving, or any other number of issues – you must not hesitate to obtain the services of an experienced criminal attorney. Naturally, you won’t want to work with the first person you contact, because not all attorneys are qualified for all kinds of cases. For example, if you are facing a court date for domestic violence, you need to find a practice that has lawyers trained in this work. If, on the other hand, you are dealing with a drug possession arrest you will need to be sure your lawyer understands this issue extremely well also.

Remember that there are different degrees of offense as well; including misdemeanors and felonies, and the attorney you select should also be able to demonstrate a reasonable amount of experience and skill with your particular charges.

Now, before you think that you have all of the time in the world to “shop around” for a good attorney, you must understand that time is, literally, of the essence when getting legal assistance is the issue at hand. This is because some crimes have specific things that must be done immediately. This might be filing different paperwork or making a court appearance, and it is always the attorney who knows the way a specific crime must be handled.

This means that it is essential to identify a firm that has 24-hour access to their attorneys. While some people plan their criminal activities, many people “run into trouble”, and this means they need to be able to reach an attorney at any time of the day or the night. Working with a firm that ensures round the clock service is a good way to be sure that your case will be handled in the best way possible and that no problems will occur without immediate resolution or action on the part of your lawyer.

The Terani Law Firm, a criminal defense firm, provides representation for those accused of drunk driving, theft, embezzlement, and other felonies and misdemeanors. If you’re in need of a California criminal lawyer, contact the Terani Law Firm today.

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A Criminal Attorney Can Help

By Anna Woodward -

When a citizen has been accused of a crime, he or she should find a reputable criminal attorney as soon as possible. There are different kinds of lawyers who specialize in an array of legal matters. Examples include those who deal with business, taxes, real estate, family matters and those who deal with criminal matters.

The legal eagles who deal with business and tax matters are often employed by corporations and wealthy individuals. Business and tax laws are complicated and intricate so it takes a certain type of meticulous and detailed oriented professional to handle these issues.

Real estate lawyers often handle complex contracts, foreclosure issues, title problems and the like. This is also an arena best dealt with by matter-of-fact, introspective pros.

Attorneys that focus on family law will have lots of face time with an array of people so need their legal toolbox to be stocked with social finesse. Custody issues, dissolutions of marriage, grandparent rights, spousal support and other family legal matters will be addressed by law firms that specialize in family law.

A criminal attorney is a different breed. They must be skilled in investigation, which may include hiring a private detective to gather up evidence, adept at witness interview, maneuvering through complex court system mazes and have enough charisma to sway those sitting in the jury box. There are many kinds of crimes that citizens may be accused of. It is imperative that they seek the representation of a talented and seasoned lawyer. Some of the crimes a person may be charged with include:

- Violence: There are many types of violence that a person may find themselves charged with. Murder, manslaughter, terrorist threats, domestic abuse and hate crimes, all of which have serious implications that a lawyer must step in to offer expert advice and guidance as soon as possible.

- Drug and Alcohol: Driving under the influence of either drugs or alcohol can have devastating ramifications to one’s life. Other crimes associated with drugs and alcoholic beverages may include possession, selling, trafficking, and manufacturing.

- Theft: A person may be accused of stealing a variety of property, both tangible and intangible. Examples of tangible goods commonly stolen include money, jewelry, electronics equipment, tools, automobiles and art. Theft may occur during shoplifting, burglary, armed robbery or purse snatching. Intangible goods that may be stolen include intellectual property, such as ideas, formulas or company secrets. White collar crimes that fall into this category include embezzlement and computer hacking to gather private information.

When a citizen finds themselves accused of any sort of crime, they need to seek the guidance of a reputable criminal attorney as soon as they possibly can. If they can’t afford one, the courts will assign a public defender to their case.

There are many crimes that a Beverly Hills criminal attorney can help address. For more information visit http://www.gunsberglaw.com

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DUI and DWI Part 1 – Booking, Arrest, and Bai

By Ken LaMance

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ARREST

An “arrest” in strict legal terms occurs when a person has been placed under police custody and no long feels they have the freedom to move around or leave the area. An arrest occurs when you are under the authority of the officer. Therefore, an arrest has occurred if you are handcuffed or if you are placed in the back of the police car; but it also could have occurred without the use of any physical restraints at all. If the officer tells you that you are under arrest and at that moment you feel you cannot leave the area, legally speaking, you are in fact under arrest, even without those restraints.

Once the police officer pulls you over he can arrest you if he actually observed you committing a crime, if he has probable cause to believe that you committed a crime or if he has a warrant for your arrest.

Officers will pull over drivers on suspicion of DUI/DWI when they observe that person driving erratically, but these arrests also occur when an officer pulls people over for speeding, expired registration tags, broken headlights/taillights. Some arrests occur after unfortunate accidents or at sobriety roadblocks or check points.

Once the officer has pulled you over, he will often administer a breathalyzer test or have you conduct some “field sobriety tests.” If you blow a.08% blood alcohol level or above, most state laws consider this result sufficient cause for arrest. If you blow below a.08% blood alcohol level you may still be arrested if the officer suspects that you are so under the influence that your ability to drive is impaired. (If the officers do not have breathalyzers, they may issue a test via urine or blood sample once they take you to the police station for booking.)

Some officers are not equipped with breathalyzers and conduct a variety of “field sobriety tests” that they have been trained to administer. These tests include things like walking a straight line or standing on one foot. These tests are not designed to humiliate you, but to determine whether you are fit to drive.

If you think that your arrest was not properly conducted, it could be that the procedure was done unlawfully.

BOOKING

Once you have been arrested on suspicion of DUI or DWI the officer will take you to a central location where you will be “booked.” Booking is an administrative process during which the police officer will record specific information and perform other administrative tasks.

These administrative tasks include:

• Recording the suspect’s personal information
• Recording the facts and circumstances of the suspect’s alleged crime
• Searching for and records any information on the suspect’s possible past criminal activities
• Photographing and fingerprinting the suspect
• Searching the suspect, confiscating any personal property (i.e. wallets, purses, jewelry, keys, etc.) and inventorying it for return upon the suspect’s release
• Placing suspect in holding cell at the police station or in a local jail where they will be held unless they are released on bail

BAIL

This process is generally available for those who wish to pay money in order to be released from custody. As a requirement of your release you must promise to appear for all scheduled court proceedings; this includes your arraignment, preliminary hearing, pre-trial motions and the trial.

Bail may be available immediately after booking. If not, it will be up to a judge or magistrate to decide whether to allow the suspect to be released on bail.

The amount of the bail payment can be a set amount or it could be based on the suspect’s past criminal record (and prior DUI/DWI offenses), the seriousness of the suspect’s offense in this instance (are there any injuries? property damage?), or even the suspect’s ties to the community (i.e. family, employment, community).

If you or your family cannot afford the bail payment you can contact a bail bond agency which will post a bond on behalf of the individual with the promise that the entire amount will be paid should you (the suspect) fail to appear as you promised. The bond agency will charge a fee for this service, usually around 10% of the bail amount.

Sometimes a judge will decide to release a suspect on their “own recognizance,” without the need for any bail payments, but with some restrictions attached. Such restrictions would include an order to remain in the area while the case is proceeding. The judge will consider the factors listed above to make this determination.

If you are released on your own recognizance and do not appear at your court dates you can be arrested immediately. A word to the wise – attend ALL your court dates.

Ken LaMance is the Corporate Counsel for LegalMatch.com in South San Francisco, California. LegalMatch ( http://www.legalmatch.com/ ) is fast, free, and confidential. LegalMatch is America’s original attorney/client matching service and is not a referral service. When a consumer presents their issue to LegalMatch, our system matches the consumer’s case to LegalMatch lawyers in their city or county based on the specifics of the consumer’s case, lawyer’s location, and area of legal practice. LegalMatch also offers a number of useful resources like an online law library, tips, law blog, and forums on nearly every topic.

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Driving Under the Influence – Options For Your DUI Case

By Dave Smythe

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Driving under the influence in California is often referred to a DUI (Driving Under the Influence) or DWI (Driving While Intoxicated). DUI has been described as “drunk driving” which can be misleading. You do not have to be drunk to be legally impaired. In the state of California if a person has a blood alcohol percentage or BAC over.08 percent then you could be charged for DUI. Driving under the influence of liquor or drugs is unlawful and can be a very rough time for anybody to go through.

In California there are two basic “drunk driving” laws. Vehicle Code sections 23152(a) and 23152(b)

In section 23152(a) it states that it is illegal to for somebody who is under the influence of an intoxicating beverage or under the combined influence of an alcoholic beverage or drug to drive a vehicle.

In section 23152(b) it states that it is unlawful for any person who has a.08 percent or more by weight to drive a vehicle.

If charged with DUI, you can either be charged with a misdemeanor and a felony. A misdemeanor charge occurs when a person is charged with drunk driving and no personal injury or property damage happens. One-year jail time may occur. A felony charge is when injury occurs and several years of jail time could be served.

Being in this type of position can be tough for anyone but knowing your rights is something that that can be very helpful. In any criminal case you always have the right to remain silent. The right to remain silent does not mean you don’t have to cooperate. You must still cooperate with the officer wheaDriving under the influence in California is often referred to a DUI (Driving Under the Influence) or DWI (Driving While Intoxicated). DUI has been described as “drunk driving” which can be misleading. You do not have to be drunk to be legally impaired. In the state of California if a person has a blood alcohol percentage or BAC over.08 percent then you could be charged for DUI. Driving under the influence of liquor or drugs is unlawful and can be a very rough time for anybody to go through.

In California there are two basic “drunk driving” laws. Vehicle Code sections 23152(a) and 23152(b)

In section 23152(a) it states that it is illegal to for somebody who is under the influence of an intoxicating beverage or under the combined influence of an alcoholic beverage or drug to drive a vehicle.

In section 23152(b) it states that it is unlawful for any person who has a.08 percent or more by weight to drive a vehicle.

If charged with DUI, you can either be charged with a misdemeanor and a felony. A misdemeanor charge occurs when a person is charged with drunk driving and no personal injury or property damage happens. One-year jail time may occur. A felony charge is when injury occurs and several years of jail time could be served.

Being in this type of position can be tough for anyone but knowing your rights is something that that can be very helpful. In any criminal case you always have the right to remain silent. The right to remain silent does not mean you don’t have to cooperate. You must still cooperate with the officer when they ask for your drivers license, insurance etc.

You should not admit anything. Anything you say can be repeated back to the judge or jury if your case goes to trial. You should ask to speak to an attorney immediately. You also should submit to blood or alcohol tests if this is your first driving under the influence. But if your drivers license is already revoked you may have nothing to lose refusing to submit.

Knowing your rights and selecting the right attorney for your DUI/DWI case is important. Being helpless is one of the worst feelings ever so being prepared if you are ever in this situation may save you time and money.n they ask for your drivers license, insurance etc.

You should not admit anything. Anything you say can be repeated back to the judge or jury if your case goes to trial. You should ask to speak to an attorney immediately. You also should submit to blood or alcohol tests if this is your first driving under the influence. But if your drivers license is already revoked you may have nothing to lose refusing to submit.

Knowing your rights and selecting the right attorney for your DUI/DWI case is important. Being helpless is one of the worst feelings ever so being prepared if you are ever in this situation may save you time and money.

San Diego DUI attorney

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How a DUI Conviction Will Affect Your Car Insurance

By Bob Battle

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If you are convicted of a Virginia DUI, then most likely your car insurance costs are going to rise significantly. This is because with a DUI charge on your driving record, most insurers will classify you as a “high-risk driver.” Not only that, but your insurer may choose to cancel your car insurance policy altogether, and then you’ll have to find new insurance with your permanently scarred record. If your record now shows a DUI conviction and a policy cancellation, you can bet on paying sky-high prices for your new insurance policy.

It is possible that your insurer will never know of your DUI conviction, but not likely. There is a form called the SR-22, which most states require DUI offenders to get from their auto insurers. The SR-22 proves to the Department of Motor Vehicles (DMV) that you carry liability insurance, which allows the DMV to remove your license suspension after a DUI.

Your Auto Insurer May Never Know

There are several scenarios in which your auto insurer may never know of your Virginia DUI. If your DUI is reduced in a plea bargain, or you receive a limited license suspension, then it is possible that your insurer won’t be notified of your conviction.

Furthermore, some states don’t require the SR-22 form. These are Delaware, Kentucky, Minnesota, New Mexico, Oklahoma and Pennsylvania. But if you have previously filed an SR-22 before moving to one of these states, then you will still need to meet the requirements of the state in which the DUI was committed. New York and North Carolina do not require any SR-22 filings whatsoever.

If your auto insurer does not become aware of your DUI conviction immediately, they may still raise your car insurance rates if they discover the conviction, even if it’s several years later.

It is possible that a Virginia DUI might affect your life insurance payments as well. If you file for life insurance with a DUI conviction on your record, the insurer may choose to raise the price of your policy’s premium payments.

If you’ve been charged with a Virginia DUI, you should seek the expertise of a Virginia DUI attorney. An attorney can advise you on the procedures regarding your SR-22 form, and in some cases, may even help you beat your Virginia DUI charge.

Under Virginia law, if you are convicted of DUI in the General District Court, you have a right to appeal and get a new trial in the Circuit Court. Virginia DUI lawyer, Bob Battle, is the only DUI lawyer in the state to guarantee that if you wish to appeal your case, he will represent you on appeal to the Circuit Court for FREE!

Contact Virginia DUI Lawyer Bob Battle to schedule your legal consultation today – 804-673-5600. Or, research your Virginia DUI case further by visiting http://www.bobbattlelaw.com/virginiaduiattorney2/index.html.

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