By Karen Whitehurst – DUI charges for drunk driving are serious, and resulting convictions can leave a dark mark on your record for years to come. First and second convictions carry serious consequences, but a third conviction can be devastating for the individual who is facing the charges. Knowing your rights and what a conviction could entail if your BAC registered above 0.15 can make it easier to make the right decisions going forward. If you or someone you know has been charged with DUI for the third time, it is highly recommended that you speak with an attorney about your case as soon as possible. You deserve a chance to fight the charges to get them reduced or possibly eliminated entirely. Potential Consequences for a Third DUI Conviction with a BAC Over 0.15 For subsequent DUI convictions in the state of Rhode Island, the consequences you could have to face for a conviction get more and more severe. For blood-alcohol content higher than 0.15, consequences could include:

• Jail time up to 5 years
• A fine up to $5,000
• Highway assessment course costing $500
• Suspension of driver’s license for 3 years
• Mandatory 2 years’ use of an ignition interlock device
• Potential confiscation of vehicle
• Mandatory drug or alcohol treatment course attendance

Many different factors are at play during a DUI arrest that could influence the outcome of your case. It may be possible to challenge your arrest or the validity of the evidence presented against you. Speak with an attorney today to discuss the circumstances surrounding your specific incident. If you or someone you love is facing a third DUI conviction, contact a Rhode Island DUI defense attorney of the Powderly law office today. Article Source: http://EzineArticles.com/?expert=Karen_Whitehurst http://EzineArticles.com/?Conviction-for-a-Third-Drunk-Driving-Charge-for-BAC-Above-0.15&id=5984840

By Jonathan Burgoyne -

Drunk driving is a very sensitive subject to many people. Losing a loved one either to a drunk driver or being the parent of a drunk driver is extremely difficult to deal with. If one causes an accident while drunk, that person experiences intense guilt. Organizations like Mothers Against Drunk Driving, M.A.D.D. have been organized to help victims cope, provide a support community, increase awareness, and fight drunk driving.

The term driving under the influence (DUI) actually refers to more than simply being under the influence of alcohol while driving an automobile. The influence can also be illegal drugs and even some prescription medications can cause impairment and lead to a DUI arrest. DUI also refers to a much larger range of transportation devices than just an automobile. Operating bicycles, boats, airplanes, tractors, and even wheelchairs under the influence can lead to an arrest.

If you are suspected of DUI and are pulled over there are several tests that may be administered. Historically, arrests were made on observation such as the car weaving in and out of traffic. Field sobriety tests, or FSTs can be performed to determine whether one is under the influence. These tests must be performed in accordance with the National Highway Transportation Safety Association, the NHTSA, which has only approved three FSTs. These tests may include walking in a straight line and standing on one foot for thirty seconds.

More recent technological advances have made measuring blood alcohol content, BAC, possible. BAC is a percentage of alcohol in the blood by weight. In the United States it is considered driving under the influence with a BAC of.08% or more. If you are caught driving with a BAC of.15% or more however the charge is elevated from a simple DUI to an Extreme DUI. Extreme DUIs are serious felony offenses and are punishable by time in state prison, large fines, community service, drivers license suspension and possible revocation.

If you or someone you know has been charged with a DUI offense, it is imperative that you act quickly to hire an experienced DUI attorney AZ. If you are a juvenile or your child has been charged with a criminal offense it is even more important to a have an Arizona juvenile defense attorney by your side so that yours or your child’s future is not jeopardized.

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By C Dreyer -

DUI fatalities are a serious problem in the United States, claiming on average more than 42,000 lives each year and resulting in up to 37% of all auto-accident related deaths. While DUI is an important problem, DUI conviction rates vary tremendously based on a variety of factors.

The most important of these factors include whether or not a breathalyzer test was performed, and what the outcome was; whether the subject passed a field sobriety test; which judge is assigned to a case; and quality of legal representation.

The following is an analysis of how these factors affect DUI conviction rates.

1. Breathalyzer Tests

It turns out that in almost one out of four cases, a breathalyzer test will yield a result that is significantly higher than a far more accurate blood alcohol test. Because breathalyzer test results are so variable, they can result in the conviction of an innocent person for driving under the influence. This is why some people refuse breathalyzer tests altogether when stopped for suspected DUI. If the field sobriety test does not indicate impairment, but breathalyzer results indicate a blood alcohol level over the legal limit, it’s important to seek the help of a qualified attorney to avoid wrongful conviction.

2. Field Sobriety Tests

People who fail field sobriety tests face very high DUI conviction rates. Some typical field sobriety tests include standing on one foot for up to 30 seconds; walking heel-to-toe in a straight line, and a horizontal gaze test, which involves following a pen light with the eyes. In some cases, people with specific illnesses, disabilities, or impairments may fail these tests, even when not under the influence.

3. “Lenient” vs. “Strict” Judges

Some judges are more lenient than others when it comes to DUI conviction rates. Lenient judges tend to err on the side of caution in order to avoid convicting an innocent person of DUI, whereas strict judges crack down on everyone, regardless of the strength or merits of the evidence. These judges are hypersensitive to the dangers of DUI, without due regard for the impartiality required in assessing the facts of a particular case.

4. Competent Legal Representation

In addition to a particular judge’s approach to DUI cases, the skill and knowledge of a lawyer are crucially important. A lawyer should know the ins and outs of the different evidentiary rules and procedures, which tests are more likely to yield false results, and other mitigating factors.

What Does This Mean for DUI Defendants?

These factors make it nearly impossible to apply any sort of “average” conviction rate to a particular person’s circumstance. There are simply too many variables that affect a particular person’s chances of being convicted. In all cases though, knowing your rights and obtaining competent representation are the best ways to avoid having your permanent record marred by a DUI conviction.

Without a competent representative to speak on your behalf regarding potentially biasing factors, your chances for being convicted of DUI are far greater. A skilled attorney can consider each of these factors and make the best case to a judge to avoid a DUI conviction.

Experienced San Diego DUI lawyers can explain to you DUI procedures. San Francisco DUI lawyers are very knowledgeable when it comes to criminal law and DUIs.

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By Jonathan L. Stone -

What exactly is drunk driving? There are several different terms used to describe the idea, including DUI, DWI, etc. While each state has its own laws for each criminal offense, and while each state will define DUI and DWI differently, there are some general meanings that can apply all of these terms. Here are just a few to consider.

1. When most people think of “drunk driving” they think of being “over the limit.” In all states, a BAC of.08 or above is considered a DUI or DWI offense, and you can be arrested. The laws do not take into account your tolerance for alcohol in the blood or your safe driving practices. According to this definition, if you’re over the limit, you’re driving drunk.

2. A more stringent rule of thumb is to define “drunk driving” as having ANY amount of alcohol in your blood stream. Those who define it this way say that any alcohol is going to impair you at least somewhat and that if that is the case, you shouldn’t be on the road. For them, this is considered drunk driving.

3. It is also important to remember that alcohol is not the only substance that can put you in a “drunken” state. Various kinds of drugs and medications have the same or similar effects as alcohol and you can be arrested based on this kind of intoxication as well. In some states this fits more under the DWI charge, but again, each state is different. No matter which state you are in, if you are “impaired” due to drugs or alcohol, legal or illegal, you are potentially guilty of a criminal offense.

No matter how you define drunk driving, driving with alcohol or drugs in your system is dangerous. Statistics from the National Traffic Safety Administration show very clearly that you are at a much higher risk of accident or death (as are those around you) when there is ANY alcohol present in the blood stream. It is best to live by the mantra “buzzed driving is drunk driving.” Get a designated driver, call a cab, sleep it off. But don’t get onto the road after you’ve had anything to drink.

If your own safety and the safety of those around you is not enough to convince you of this idea, you should also know that just because you may not have had enough to put you over the .08 magic line, this does not mean that you cannot be arrested for DUI or DWI anyway. If there is any alcohol present in your blood stream and if the officer believes that you pose a risk due to your level of intoxication, the officer can arrest you no matter what the BAC reading is.

If you are arrested for DUI, you need to know your rights and next steps. Contact a competent DUI lawyer as soon as possible to get yourself on the right track.

Jon L. Stone operates www.baltimoreduilawyers.org, a website dedicated to giving you the information you need if you have been arrested for DUI in the Baltimore area. Check out the website to get up to date information on what you can expect and on where you should go to get the best Baltimore DUI attorney possible.

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By James Witherspoon -

Drunk driving accidents are on the rise. Highway patrol, sheriff officers, and police officers are constantly on the look out for those who are being careless in their operation of motor vehicles. With tougher laws against drunk driving, if one of these careless individuals is pulled over and accused of drinking and driving, they face extremely harsh penalties. Those that are assumed to cause an accident due to drinking and driving are immediately charged with DUIs and DWIs and face severe punishments.

There are many options that a defense attorney can pursue in defending a driver accused of DUI / DWI. However, those accused of causing any type of accident while driving drunk will find it difficult to protect themselves from experiencing the life changing consequences that go along with being found guilty.

Hiring an experienced attorney is the first step in even being considered for dropping charges. Innocent until proven guilty is a central foundation for any defense attorney. It can be hard to remember that just because you have been accused of these serious charges, there is no immediate decision that has been made about your guilt until the case has been fought.

There is hope in dismissing charges. If “proof” of drinking and driving was obtained unlawfully, it can result in a case that has no basis for prosecution. There have been many cases that have been dropped due to unclear circumstances regarding the drinking and driving accident. Asking questions and understanding the law will be key in building a defense.

Please visit the website of the San Jose criminal defense attorneys at The Law Office of Daniel Jensen, P.C. if you are interested in learning more about defense options for drunk driving accident charges.

James Witherspoon

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By Taylor Bliss -

Have you recently been convicted of a DUI and looking to clear DUI arrest? If so, you might have realized already how difficult it is to build a case against the charge. To properly defend yourself in court, you need to start doing the right thing right at the very moment when you are stopped by the police officer.

You need to be polite and be cooperative to the arresting officer. You must take into account the time of the arrest, the weather, the road condition and even the flow of traffic. Jot down everything that you can think of that might be relevant to your case, you never know which information can help prove your innocence and clear a DUI record.

To win a trial, you must have two things. You must have a good lawyer and strong evidence showing your innocence. Looking for a lawyer with a proven track record on beating DUI involves money but this effort is cheaper compared to the high car insurance that you’ll need to pay in the future and the difficulty of finding a new job.

The next thing that you can do is to discredit all the evidences gathered against you. You can do this together with your lawyer. You can ask for licenses of the arresting officers and you can look for discrepancies in the charges. The process of your arrest must be reviewed to ensure that you are arrested legally. You must remember if the officer told you your Miranda rights because if this is not done, all the things that you confessed at the time of the arrest cannot be used against you.

Lastly, you need to gather your own evidence as well as witnesses to prove your innocence. You can find witnesses that can confirm your drinking habits as well as your driving attitude. Their statement can help you in the trial to prove your character. These steps will help beat your DUI arrest record.

Clearing your DUI arrest charges and records is not easy. Following the mentioned steps can give you a chance to clear your DUI record. If you are able to successfully do so, you won’t have to worry about finding jobs and will be able to drive again.

Final step, which is most important- Download DUI Process [http://www.squidoo.com/dui-process] now. This is a guide that can save you thousands of dollars hiring lawyer as you can beat a dui arrest record by searching leaks and holes of laws you never know, exposed by the DUI process manual [http://www.squidoo.com/dui-process]!

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By James D Steele -

Your 2nd DUI offense is serious business. Of course, you know that since you’ve already been through this once before. You understand that Criminal Courts are challenging on DUI offenders and also you should be concerned.

If you’re on your 2nd DUI offense may need a good lawyer who understand 2nd DUI offenses. However, 2nd DUI offenses aren’t always tougher to beat than a 1st DUI offense. It all depends on the evidence that the DA has, which like your first DUI offense, may be substantial, or with this 2nd DUI offense can be minimal. However your 2nd offense may have much harsher penalties.

The legal limit in most states for Blood Alcohol Content is.08%. This is the same regardless of whether it’s your 1st DUI or 2nd DUI offense. It makes no difference if you had a prior offense or conviction. If you are found in operation of a vehicle with over.08% BAC, you can be arrested and charged with DUI.

Here is an except from the California Code.

California Vehicle Code �23540

(a) Punishment If any person is convicted of a violation of Section 23152 and the offense occurred within ten (10) years of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153, which resulted in a conviction, that person shall be punished by imprisonment in the county jail for not less than 90 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000).

(b) Whenever, when considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (3) of subdivision (a) of Section 13352, the court may disallow the issuance of a restricted driver’s license required under Section 13352.5.

In general, when you get a 2nd DUI offense, you’re looking at the following:

• Mandatory jail time of 96 hours
• 18 months DUI school
• 2 years driver’s license suspension
• Fines, fees, and costs
• 3-5 years court probation

The best way to deal with a DUI, is not get one in the first place. You need to start taking steps to protect yourself.

If you had a drink and got pulled over, would you know what to do?

A businessman took some clients wine tasting, hoping to land a big account. While wine tasting, he spit the wine out. He got pulled over. The cop smelled booze, arrested him, and handcuffed him in front of his clients. When they tested him later, he blew.01 – almost stone sober. The guy lost the account and had to fight the DUI.

Happens all of the time. If you don’t know how to play the game, you’re toast.

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James Steele

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