Steps You Can Take to Prevent a DUI Arrest

By A M Smith -

Every story begins the same way. I was out with some friends, we had a couple of drinks, and on the way home I was pulled over by the cops. From there, it usually goes one of two ways, either “he asked me some questions and let me go,” or “he asked me some questions, asked me to get out of the car and after doing some tests arrested me for DUI.” In some cases, the people may have had exactly the same amount to drink. So why did one person get arrested and one person let go? That is what this article will try to explain.

Let me begin by saying I don’t condone drunk driving. It is dangerous to the driver, their passengers, and others on the road, and it should not be done. But, it is possible to drink and drive without being drunk. Where this line is crossed no one really knows for sure (even the breath test doesn’t measure if you are able to drive a car soundly, it just measures the amount of alcohol in your blood or breath). There may be instances where a person has had a drink but is not too impaired to drive a vehicle. It is at those times that this article attempts to address how best to deal with police officers. If you are too drunk to drive, I hope you are arrested for DUI and taken off the road.

Also, before I really get into this, let me remind you that this is not legal advice that should be relied upon without independent consultation with a lawyer. I am from Seattle, Washington, so much of this will be based on what I know of Seattle DUI cases and laws. They may or may not apply in your state, and they may or may not apply even in Seattle. The state of the law changes fast enough that you should consult an attorney before making any important decisions. The information here is helpful guidance to understand where the police are coming from and how best to deal with them.

The first thing to understand is that when the police pulled you over, unless you were really drunk and weaving all over the place, they at that time do not have the authority to arrest you for DUI. At that time you have probably violated some minor traffic law that lets them pull you over and check you out. Although it doesn’t seem fair, and it probably isn’t (since if you aren’t exhibiting symptoms of drunk driving there is no reason to get you off the road), it is allowed. You just have to deal with it. With this in mind, as the officer begins to approach you it is important to focus on providing him with as little information as possible that will lead him to believe you may be under the influence of alcohol.

Now, I am not suggesting that you lie. But, just as the officer has pulled you over for a traffic violation in hopes of busting you for drunk driving (using the rules to his advantage), you can take actions that are well within the law that benefit you. The first thing you must do is be courteous and respectful to the officer. He has a right to ask you for identification and proof of insurance. Give him that information. After that, everything you tell him is at your discretion.

So what do you do if he asks if you’ve been drinking? Easy. Simply say “I would prefer not to answer that question,” and leave it at that. Now, does that make you look guilty? Absolutely not. What it looks like is you know how to exercise your constitutional rights. And don’t worry about what the cop thinks. If he’s asking you questions about your night, he’s already got the idea in his head of giving you a DUI and is just looking for enough information to justify probable cause to arrest you.

What is probable cause? It is a reasonable suspicion that you have committed a crime. Violating a traffic violation doesn’t provide enough information to constitute probable cause for drunk driving. Why give him the information he needs?

So, the officer has heard you decline his questions and asks you to step out of the car to take field sobriety tests. At this point, I would consider flatly telling him you’d like to call your attorney to see if you should consent. In Seattle, for example, field sobriety tests are viewed as a search, and because of that, you can decline them with no repercussions. That is important, as it gives the officer less information to work with. And remember, just don’t talk to the guy. At some point he has to let you go or arrest you for DUI without (probably) enough evidence to constitute probable cause.

Remember, it is important to consult a lawyer before making any important decisions regarding a DUI case. In writing this article, I consulted a Seattle DUI lawyer and discussed these possibilities. But in any event, this general information should help you determine what to do if you are stopped by the police and questioned for DUI.

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

DUI Overview

By Kent Harper -

It may go by a slightly different name from state to state, but it’s universally considered a crime for a driver to operate a motor vehicle while under the influence of alcohol or other drugs. Depending on which state you’re in, it can go by the title driving while intoxicated (DWI), operating under the influence (OUI), and driving under the influence (DUI).

Regardless of the title, these laws make it a crime to drive under the influence of drugs or alcohol when certain conditions are met. One such condition is that the driver’s ability to operate the vehicle safely is undermined by drugs, including alcohol, street drugs, prescribed medication, and even antihistamines. Also, the driver must meet certain impairment levels as established by each state. This is often called the blood-alcohol concentration, or BAC.

It’s common for a law enforcement officer to stop a vehicle if it’s suspected that the driver is impaired in some way. The officer usually conducts what’s called a field sobriety test. The officer may also ask for a chemical test of some kind. Again, the process will depend on the particular state.

The field sobriety test may include physical tests like having the driver walk in a straight line. The test may also be cognitive, like reciting the alphabet in reverse.

The chemical test done at the time of the incident may involve a “Breathalyzer”. This device measures the blood-alcohol-concentration of the driver. Chemical tests can also be done at a hospital and include blood or urine tests.

Although many states allow the driver to elect which test they’d like to take, all states have what is known as “implied consent”. This simply means that when an individual accepts a driver’s licenses, which is considered a privilege, the driver is giving his or her consent to being tested if it is reasonably believed that the driver may be impaired. Also, if the driver refuses to take a sobriety test or a chemical test, implied consent laws impose stiff penalties. These include mandatory driver’s license suspension.

If convicted of driving under the influence, criminal penalties may ensue. The consequences of a DUI conviction include jail time, community service, fines and probation. The severity of the punishment varies from state to state. Other factors may increase the severity of DUI penalties. For example, a history of DUI convictions or having a child in the vehicle may make the punishment harsher.  Additionally, if the driver was simultaneously committing another moving violation, the penalty is often more severe.

If a loved one is arrested for driving under the influence, it is wise to find an attorney skilled at DUI defense cases. The penalties of driving under the influence include jail time and a suspended license. One of the primary tasks of the DUI defense attorney is to analyze the evidence involved. This includes the field test and the results of any chemical tests that may have been conducted. Choosing an experienced lawyer may make the difference between a severe and a less harsh penalty.

If you are looking for an Attorney or Lawyer in Phoenix Arizona, visit: Phonenix DUI attorney

To find a DUI attorney in Las Vegas: Las Vegas DUI Attorney

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

AZ DUI Laws – Consequences of Drunk Driving in Arizona

By J. T. Lawrence -

The AZ DUI laws provide for two ways that someone can be prosecuted for drunk driving in Arizona. The first is if a police officer finds that your driving is erratic and can establish that you have had any amount of alcohol, illegal drugs, or some types of prescription drugs in your system. The second is a “per se” assumption of drunk driving if you have a blood alcohol content (BAC) of .08% or higher.

An arrest, under AZ DUI laws, triggers two separate actions.

The first is an administrative action filed by the Motor Vehicles Department. If you don’t request a hearing immediately, this bureaucracy can suspend your driver’s license for 90 days without any further proceedings.

The second action is handled in criminal court. You have the right to a six person jury. You can also waive this right and proceed with the Judge handling the entire case.

A first time DUI with a blood alcohol level under .15% results in a mandatory 10 day jail sentence. The Judge may, at his discretion, suspend 9 of these days if you complete an alcohol and drug screening program and participate in the recommended treatment. There are also fines and fees totaling $750.

A felony (third time) DUI conviction requires a minimum of four months in prison and tens of thousands of dollars in fines. If you own the vehicle you were driving when arrested, you will forfeit your vehicle as well.

If you are driving with a child under the age of 15 at the time of your arrest, the consequences are quite severe. You will get jail time in addition to enhanced financial penalties.

As you can see   AZ DUI Laws are quite severe. If you’ve been arrested for drunk driving, you should get a lawyer and check out the information at http://www.CriminalDefenseResources.com right away.

Article Source: http://EzineArticles.com/?expert=J._T._Lawrence

Arizona’s New DUI Laws

Thanks to Arizona’s new drunk driving laws, even first time offenders could land themselves in prison. Effective October 2007, the state’s driving under the influence (DUI) laws are recognized as the harshest in the nation.

Although Governor Janet Napolitano signed the bill into law after it was approved overwhelmingly in the House and Senate. However, it was met with some resistance. Opponents felt it unfairly penalized those who were otherwise responsible citizens.

One of the most significant changes is the mandatory 45 day jail sentence for first timers that are found to have a blood alcohol level of twice the legal limit or higher. The current limit is .08%. The new laws classify them as “super extreme” offenders when chemical tests reveal a blood alcohol concentration, or BAC, of .20% or more. Incidentally, refusing to submit to the test, whether convicted or not, results in an automatic one year license suspension.

As tough as that seems, jail time is only the beginning. The newly convicted “super extreme” drunk drivers will be required to install an ignition interlock device in their vehicle. At one time, only repeat offenders were required to have it installed.

According to the Arizona Department of Transportation, this mandatory piece of equipment is designed to connect a breath analyzer to a motor vehicle’s ignition system.

The ignition interlock system, referred to as an IID, will only allow the vehicle to start if the monitor shows the blood alcohol concentration to be below a predetermined and preset level. The ignition is simply disabled if the reading exceeds the specified number.

The IID must be installed and in use for a minimum of twelve months after the DUI conviction and judges have no authority to waive or reduce that period of time. They can, however, order additional time for the device to remain in use.

Because the penalties are so stiff, Arizona attorneys are gearing up to defend more first time offenders in court. Prior to last year, clients didn’t necessarily face jail time, especially for a first offense. They were usually told to expect warnings, fines and probation, or what amounted to little more than a slap on the wrist. Now they expect many will want to present a challenge rather than automatically plead guilty or no contest.

The new law is also written to expedite the whole DUI process for law enforcement. It allows the Motor Vehicle Department to examine their own records for previous DUI offenses. Rather than waiting for the courts to send them, they can now effectively cut through the red tape and reduce turnaround time.

It’s a sobering thought for many Arizona residents and rightfully so. In 2006, there were 315 lives lost and over 59,000 injuries as a result of alcohol related crashes. The economic loss is estimated at upwards of $547 million. Those statistics and the new laws should make anyone think twice before driving and drinking.

Source: http://www.azdot.gov

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

The Legal Price of Drunk Driving

By Joe Bella

Though some find it tempting to represent themselves in a drunk driving legal case, having a competent attorney, familiar with drunk driving cases is really a necessity.  There’s often a chance the case may be dismissed depending on the circumstances.

If searching for a particular attorney for this situation there are state-wide, country-wide, city-wide and zip-code search functionalities online and off.

It’s always so much better not to get in that predicament in the first place.  Bear in mind that if you are convicted in a DUI case, you may lose your license, or get your license and car impounded. You may have to pay a heavy fine or you may land in prison.

The arrests in DUI cases are rising because of new, more stringent laws and regulations that have been introduced in many states.

If you still must select a DUI attorney, be careful.  Select a competent attorney who has some good experience in DUI cases and he will be the best defense tool for you.

Drunk driving cases are also called Driving Under the Influence (DUI), Driving While Intoxicated (DWI), Driving While Ability Impaired (DWAI) etc.

It’s very possible that your alcohol concentration will be measured by way of blood, breath, urine or saliva at the time of arrest.  You may be charged with offense of intoxication, impairment or influence by the law depending on the version of the investigating officer and the eyewitnesses.

Your attorney can explain the consequences to you after assessing your case so you will be prepared to defend yourself against those consequences. The laws vary from one place to another and it may be difficult for you to know the local “law of the land”.  He can help you understand the possibility of license problems, imprisonment, community service etc.  He/She will let you know if there are any special laws regarding underage drunk driving and BAC above the limit.

A drunk driving attorney will be able to manage the whole process for you.  All the proceedings in drunk driving cases may be frustrating and time consuming.  But that’s the price you pay.  Fortunately you have legal assistance able to represent you in court.  Perhaps the technicalities will help you to do it smoothly and come out with lesser punishment.

Learn more about stats, arrests, accidents and legal ramifications involved with drunk driving. http://www.drivingdrunk.org

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