Visitor Comments RSS FeedDWI and DUI Attorneys – Call Them First!
If you have been arrested for driving while impaired or driving under the influence, you need to make your first call count by calling your Minnesota DWI and DUI attorneys. In this case, you haven’t a moment to spare. These offenses are criminal charges, and could cost you more than a fine, you could go to jail.
The seriousness of DWI and DUI charges are a fact. You need a criminal defense law firm and their team of specialists, DWI and DUI attorneys. Even if the evidence against you is very strong, it is possible to negotiate a more favorable result if you work with experienced attorneys. Having your attorney present immediately may improve your chances for dismissal, or they can help you get a better outcome than if you went alone to plead guilty.
By having your DWI and DUI attorneys on board from the beginning, your case will be handled properly. Without a good defense, you may end up in jail, lose your driver’s license or full privileges, and have your vehicle forfeited. On top of all that, your insurance rates can skyrocket.
In Minnesota, there are several things you should know if you are ever pulled over for DWI or DUI charges. Most people do not plan to drive impaired or under the influence of drugs or alcohol, but it does happen and you should be prepared, and know what to do if it does ever happen.
- First and most important, call your DWI and DUI attorneys. Have their number in your wallet or car with other important papers so you can find it quickly.
- Do not talk to anyone other than your attorney, no matter how helpful they seem to be. This applies to police investigators and insurance representatives. You could jeopardize your case and your freedom.
- Do not discuss your case with anyone other than your attorneys. Otherwise your friends and family could be asked to testify against you.
- Do not go into court without your DWI and DUI attorneys. Do not waive or consolidate any hearings. Instead, ask the judge for a continuance to hire your attorneys. It might be your only chance, so make that call immediately.
- If you must go to court without an attorney, do not make any statements and do not talk with the prosecutor. Instead, ask the court to appoint a public defender for you if you cannot afford to hire one.
In Minnesota, blood alcohol levels of .08 are considered DWI/DUI. Your Minnesota DWI and DUI attorneys understand the criteria for DWI/DUI convictions, and the four levels of penalties. Even the least serious level can mean jail time, and the most serious can result in 7 years in jail and a $14,000 fine plus other penalties.
Driving DWI or DUI is extremely serious and dangerous. If you think you have an alcohol or drug problem, do not drive, and get help! Not only can you ruin your own life, you may even take the life from an innocent victim. It is a criminal situation you do not want to be in, but if you find yourself facing the judge, be sure you have your attorney with you immediately.
The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
A Few Points Worth to Know About Kentuckyâs Dui Law
What Is Kentucky’s DUI Law? What Does It Mean?
DWI/DUI is an abbreviation of driving while under the influence of intoxicants (alcohol) or of any substance or substances which impair driving ability. Other substances can include illegal drugs, prescription drugs, inhalants such as glue, gasoline, spray paint etc., and/or over the counter medications. Kentucky’s DUI law has an “Illegal Per Se” provision. “Illegal Per Se” (On the face of or by itself) means it is illegal to drive with a blood or breath alcohol content of 0.08 or higher.
Highlights of Kentucky’s DUI Law
Here are highlights from Kentucky law on driving under the influence (KRS Chapter 189A). Legal terms associated with drunk driving in Kentucky.
‘Per Se’ BAC Level: .08
Zero Tolerance BAC Level: .02
Enhanced Penalty BAC Level: .18
Implied Consent Law: Yes
License Suspension 1st Offense: 30 days
License Suspension 2nd Offense: 1 year
License Suspension 3rd Offense: 2 years
Mandatory Jail Time after 2nd offense: Yes
Mandatory Alcohol Education: Yes
Mandatory Assessment/Treatment: Yes
Possible Ignition Interlock: Yes
Possible Vehicle Confiscation: Yes
Hardship License while license suspended: No
Open Container Law: For driver and passenger
These are highlights of the main provisions of Kentucky law pertaining to drunk driving. Other factors can increase the penalties for drunk driving, such as if an injury or death occurred, or if a child was endangered.
Source: KRS Chapter 189A
Another Important Fact to Know: 90% of DUI arrests occur between 10PM and 3AM.
How Can I Clear My DUI Record?
you may have some options available to clear your record. Your first option after a DUI conviction is to seek a new trial from the court. If there was an error in the admission of evidence at your trial or some other procedural problems, your attorney can ask the court for a new trial. If the judge grants your request for a new trial, you will be allowed to present your entire case again, this time before a new jury. If you’re found not guilty after your second trial, then your record will be cleared and the legal effect would be as if you never were convicted. If the judge refuses to grant you a new trial, or you lose at your second trial, you may be eligible to appeal your DUI conviction. If there is an error of law at your trial, or the jury completely disregarded the facts, you may have grounds for an appeal. An appeal involves filing briefs with the court and an oral argument-you will not be required to appear or participate in the appeal. If your appeal is successful, your conviction will be reversed, and your record will be cleared.
The Truth about Lawyers – Even though lawyers are the brunt of a lot of jokes out there, they really are in the legal industry to help you. You could hire one of the most expensive lawyers out there to represent you for your DUI case, and you will still pay less money to him than you would to the court system. If you had the option to pay a certain amount of money to the court, have your license taken away, have to go to jail and spend a weekend at a conference where they describe to you how bad drinking and driving is… OR, pay a lawyer a smaller amount of money, have a good chance of keeping your license, have a better chance of having the DUI dropped and to stay out of jail, wouldn’t that be better?
Dui Charges
A DUI charge is definitely confusing because there are actually multiple things that you could be charged with when you get a DUI. it’s very important that you take the time to read through all of the available information online so you know what exactly you are charged with and what your rights are.Depending on the jurisdiction, this criminal offense may also be referred to as driving while intoxicated ( DWI ), driving while impaired (also DWI ), operating a motor vehicle while intoxicated ( OWI ) or operating a motor vehicle while intoxicated ( OMVI ).DUI charges are usually based on a person’s BAC or blood alcohol concentration and may be determined by the administering of a breath, blood or urine test (which is usually conducted if drugs are suspected).There are 2 main things you need to be concerned with about your DUI charge. The first is the criminal charge and the second is the actions the DMV will take against your license due to your DUI offense. Understand that they are 2 separate charges and you need to deal with each and not just the criminal dui charge.If convicted you will also be required to get what’s known as an sr22 insurance policy as a condition for the DMV to reinstate your drivers license. SR22 insurance policies are simply high risk auto insurance policies that cost alot of money. There are alot of bad deals out there when it comes to sr22 insurance policies so you’ll want to be careful of the small companies that prey on people that get DUI offenses.The penalties for DUI / DAI / DWI convictions vary according to many factors, depending on the blood alcohol level, the number of prior convictions, the age of the accused (in the case of underage drinking), and the status of the driver’s license at the time of the arrest. And can include a combination of:Suspension of driver’s licenseRevocation of driver’s licenseProbationCommunity serviceSeizure of your vehicleHigh risk insurance requirementFinesjail timeSuspension of your license platesMandatory alcohol education programsInstallation of an ignition interlock system on your carCriminal recordCRN evaluationA DUI conviction may also carry indirect penalties, such as increased automobile insurance rates and limitations on future employment opportunities. Of course, employment opportunities may be naturally limited by the transportation problems created by a DUI license suspension, but increasingly the conviction itself may preclude work in certain fields or with certain companies.The powerful lobby of organizations like MADD bringing constant publicity to the issue, and the growing ease with which employers can conduct criminal background checks, that impact is spreading beyond fields directly requiring a clean driving record.
DUI in Nashvile, Now What?
Being charged with a DUI is a scary and stress situation that can leave you with many questions about where to go and what to expect. First, it is import to seek professional legal advice from a lawyer. The penalties for a DUI are stiff and a lawyer can help you get a lighter punishment or even get your case dismissed.
Of all the people charged with a DUI in Nashville each year, only 15 make it all the way to trail to have their case decided. Many cases are settled in a few months of the charge, while only a fourth to a third make it to court. The cases that make it to criminal court may take a year to be settled.
Your first court appearance is about a month after you have been charged. You first court appearance is called the Settlement Docket. On this day, up to 100 other defendants are appearing for court. This is when the court sorts through all the cases, settle some, and schedule others for their next court date. Many DUI’s will move on to the next court date.
The next court date is your actual trail. Most DUI trails are settled at this point. If you do not have a skilled DUI lawyer at this point, you should consider getting one. Your trail will either be settled here or sent over to the Grand Jury.
In Nashville, less than 10 percent of cases make it criminal court on their first offense. Those receiving their second offense have a 25 percent chance of making it to criminal court. If sent to criminal court, it may take several months before the trail.
Those convicted of can receive harsh punishments. Those with their first offense may receive 25 hours in jail, the loss of your license for up to a year, probation, a fine, and safety school. You may also have to perform community service picking up garbage, and you will have to wear a vest that states you are a DUI offender.
Those receiving their second offense will have to spend 45 days in year, loss their driving privileges for two years, probation, a larger find, and safety school. The third offense gets even harsher. You would spend 120 days in jail, loss of license for 3 years, an even large fine, safety school, and treatment.
The best way to bet a DUI is simply to not drink and drive in Nashville, TN (or anywhere). It is dangerous and if caught, the punishment can be harsh. If you are charged with a DUI, it is advised that you receive legal counsel from a DUI lawyer in Nashville who understands the local laws.
Dui Law – Under New Arizona Dui Law Convicts Get More Time
Phoenix, Arizona – The new Arizona DUI Laws quietly took effect on September 26, 2008. The revised law has been so quiet that it has gone all but unnoticed in the media.The new law piles on the amount of jail time for a first conviction for extreme DUI. Under the old law, a person convicted of having an alcohol concentration of .150 or greater would be sentenced to at least 30 days in jail. Of the 30 days, all but 10 days in jail could be suspended. This was the sentence that most people would get. No longer.Now, under the new law, Judges are powerless to suspend any of the 30 day sentence. This means that the minimum jail sentence a person convicted of extreme DUI in Arizona will get is 30 days.For second offense convictions it gets even worse. Now a judge must put the second offender in jail for 120 consecutive days. The Arizona legislature simply eliminated a judge’s ability to suspend 60 days.
Many believe that the reason for the legislature’s action is that they simply don’t trust judges to do what will make state politicians look good, especially in an election year.Not only does this mean more people will be doing more time in jail, it also means that the system will be further burdened. In an already crowded criminal court system, DUI lawyers will have to fight more cases to help their clients avoid a jail sentence that can be life-altering to say the least.Time will tell whether these new Arizona DUI penalties are effective at reducing the numbers of drunk drivers and DUI related accidents. One thing is for certain, it is not good to be charged with DUI in Arizona, especially in an election year.
Maryland Dui Law â What are the Penalties?
DUI laws vary by state, so it is important to understand the laws specific to where you have been charged when going about your defense. Most states assess different penalties depending on your level of intoxication. The state of Maryland is no exception.
There are three different types of drug and alcohol related charges you can be convicted of in Maryland. The penalties are more severe for your second offense than they are for your first offense.
In order to determine whether or not you are intoxicated, the police officer will perform a series of field sobriety tests on you. If he suspects that you are impaired, he will ask you to submit to a breath test. If you refuse the breath test, your license will automatically be suspended for 120 days and it will be considered an admission of guilt in court.
If your blood alcohol level (BAC) is between .07 and .08, you will be charged with Driving While Impaired (DWI). The penalties for a first offense DWI are:
· Maximum 2 months in jail
· $500 fine
· 8 points on your license
· Suspension of your license
The penalties for a second offense DWI are:
· Maximum one year in jail
· $500 fine
· 8 points on your license
· Suspension of your license
If your BAC is .08 or greater, you will be charged with Driving Under the Influence (DUI). The penalties for a first offense DUI are:
· Maximum one year in jail
· $1,000 fine
· 12 points on your license
· 45 day suspension of your license
The penalties for a second offense DUI are:
· Maximum two years in jail, minimum five days if both convictions are within a five year period
· $2,000 fine
· 12 points on your license
· 90 day suspension of your license
You do not need to be drunk to get a DUI. You will be charged with Driving Under the Influence of a Controlled or Dangerous Substance if you are impaired by something other than alcohol or common non-prescription medication. This covers impairment from illegal drugs as well as prescription medication that inhibits your ability to drive.
The penalties for a first offense are:
· Maximum one year in jail
· $1,000 fine
· Suspension of your license for up to a year
The penalties for a second offense are:
· Maximum three years in jail
· $3,000 fine
· Revocation of your license and referral to the medical advisory board
The penalties for each of these offenses are greater when you are transporting a minor. Your first and second convictions will be misdemeanors. On your third conviction, all subsequent DUI infractions will be felonies.
If you have been charged with a DUI, you have ten days to request a hearing with the Motor Vehicle Association (MVA) to keep your driverâs license. If you fail to request your hearing in this time period, your license will automatically be suspended.
A DUI conviction may also cause problems with your insurance company. Many insurance carriers will either drastically raise your rates or possibly cancel your policy once they become aware of your conviction.
It is important to consult an experienced DUI attorney immediately after youâve been charged. He will be able to help you deal with hearings and insurance company issues. Proper representation will greatly increase your chances of reducing your sentence. A good attorney can sometimes get you a Probation Before Judgment (PBJ), which would keep your DUI offense off of your driving record so that your insurance company will never know about it.
If you have been charged with a DUI offense in the Baltimore, Maryland area, please contact the law offices of Jimeno & Gray, P.A. today to schedule an initial consultation.
DWI and DUI Attorneys
DUI charges are a serious offense. There’s no doubt about it. Most charges stemming from driving under the influence of alcohol and/or drugs will result in a stiff fine, loss of your driver’s license, and even a stint in jail. If you’re arrested for DUI it’s a good idea to obtain legal counsel from one or more DUI attorneys.
Driving under the influence means that while operating your vehicle you were either impaired due to the consumption of alcohol and, or in combination with, drugs. It can also mean that your Blood Alcohol Content (BAC) exceeded a .08. To convict you of a DUI charge the police officer needs only to prove one of these elements of the offense.
The first part of the offense is driving while impaired. The presumption is that you are impaired, you cannot safely drive your car. If you were unable to operate your vehicle in a safe and legal manner and it can be showed that you were impaired by either alcohol or drugs. The officer will bring into evidence your physical state, the things you said, how you were driving and the results of any Standardized Field Sobriety Tests that you performed. These tests were developed by the National Highway Safety Administration and are very effective in allowing an officer to be able to determine that you have a BAC of .10 or mroe. If the sum total of the officer’s observations provide him with probable cause to believe you operated the vehicle while impaired, you’ll be arrested and charged.
The second part of the offense involves your Blood Alcohol Content, or the amount of alcohol in your blood, breath, or urine. If your BAC is at or above .08, there is probable cause to believe that you’ve committed the DUI offense whether you or anyone else feels that you were truly impaired. The BAC is determined by a breath, blood or urine test.
There are several ways that DUI attorneys can do you a lot of good if you’re charged with this offense.
A DUI lawyer speaks the language of the court. Many court terms have legal definitions that don’t necessarily coincide with the common usage of the word. The court room may lead you into a confusing jungle of terminology that prevents you from making your best defense.
DUI attorneys are also knowledgeable concerning DUI laws, case law, and various types of defenses. Laymen typically don’t do well in the criminal justice system because of a lack of this specialized knowledge.
DUI attorneys are also experienced in applying the law. There are many ways to defend against the charge but the defense must be crafted not only with a logical argument or series of arguments but also within the context of proper courtroom procedure. The prosecutor must prove beyond a reasonable doubt that you were operating a vehicle while under the influence of alcohol and/or drugs. DUI attorneys can win a case by creating enough doubt in the minds of the judge or the jury that the legal standard of beyond a reasonable doubt can’t be met. Chances are, you can’t accomplish this without the assistance of a DUI attorney.
The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
DUI Laws Across Country Changing
DUI laws seem to be constantly changing. At any given point, multiple state legislatures may be debating new laws that change how drunk driving is charged, how evidence is collected and what penalties are handed down for convictions.
Consider, in the first three months of 2009:
With drunk driving laws changing so rapidly in so many states, what can you expect if you get pulled over?
During your traffic stop
A police officer must have “probable cause” in order to pull you over on suspicion of drunk driving. Reasons for a traffic stop may include:
Once you have been pulled over, a police officer may ask you to perform field sobriety tests (such as the one-leg stand test). The officer may also ask you to submit to a breath test. Using a small machine, such as a breathalyzer, you breath into a tube and the machine uses the breath sample to gauge blood alcohol content, or BAC.
Some of the new DUI laws being considered are making it easier for police officers to get the search warrants needed for a blood sample, used to determine blood alcohol content. Some states are also increasing the penalties for anyone who refuses a breath test.
DUI Penalties
The penalties for drunk driving vary widely from state-to-state. In general, drunk driving sentences for first-time offenders will include:
Some states DUI punishments may also include:
The penalties for a DUI conviction increase, sometimes dramatically, for multiple DUI arrests. There may also be additional penalties for anyone that refuses a breathalyzer during a DUI traffic stop and is later convicted.
Most of the new state DUI laws increase the punishments for DUI convictions, whether it’s a first-offender or someone with a history of drunk driving.
The most common changes include increasing fines and jail time, but the use of ignition interlock devices is also on the rise.
Ignition interlock devices must be rented, installed and monitored at the driver’s expense. Once installed, the devices require the driver of the car to pass a breath test or the car will not stop. Typically, the driver must also pass additional tests while driving.
The devices also have built-in features, such as digital cameras, to prevent tricking the machine or altering test results.
California Dui Expungement: What are the Benefits?
If you’re arrested and charged with a DUI in the state of California, it is highly likely that the incident will go on your criminal record, or “rap sheet”. However, there is the possibility that you can get a DUI charged expunged. An expungement has different definitions in every state, but generally it is a formal process of deleting or clearing a DUI charge from your record. However, due to the drunk driving laws being different in each state, it’s important to consult with a drunk driving defense attorney to get help with your DUI case.
In the state of California you can get the DUI charge expunged after completion of probation. However, keep in mind that a DUI charge or conviction in California will not necessarily be removed permanently from your criminal record. Furthermore, if you have a second DUI charge within ten years, the first DUI incident could still be used as prior conviction. For example, if DUI #1 is expunged but later the person is charged with another DUI (#2), it will still be considered a second offense. Benefits of a DUI Expungement in California
So what then are the benefits of a DUI expungement if it can’t be completely removed from your record?
1. The current case will be dismissed by the court
2. You do not have disclose the DUI charge when applying for a job with a private employer. However, if applying for any government or state-related position, it must be disclosed.
Dui Guilt Myth — Chapter 9
CHAPTER 9
“I NEED TO CHOOSE A LAWYER–WHAT QUESTIONS SHOULD I ASK?”
So now you have been released. Do not wait. Now is the time to hire a lawyer who can guide you through the complex and ever changing field of DUI law. The process of preparing your case—the investigation, the motions to suppress evidence, the analysis of evidence, and more—needs to get started right away.
It is difficult to pick a lawyer, not only because there are so many out there, but also because—since you are not a lawyer yourself—you do not know what a good one looks like. What is worse is that many consumers fall prey to myths and misconceptions about lawyers and they wind up picking an attorney who is not qualified to meet their needs. Here are a few of the most common myths.
Myth #1: “All lawyers have the same experience and training.”
We already touched on this myth in chapter 1 but it is worth mentioning again. Even if a lawyer has practiced law for decades, even if he or she has a fantastic resume, even if he or she has argued cases before the Supreme Court, there is no substitute for expertise in DUI law and experience defending clients who have been arrested for DUI.
Myth #2: “If a lawyer advertises that he takes DUI cases it is because he has experience in DUI law.”
This myth is similar to the first, but it is different in an important way. You may know how important it is that the attorney has experience in DUI law, but you might assume that, because an attorney takes DUI cases, he or she has the necessary experience. As a consumer, you know that advertising is often misleading. This is no less true when it comes to advertising for lawyers.
Myth #3: “The State Bar determines whether a lawyer can advertise as a DUI lawyer.”
The reality is that there is no requirement that a lawyer must meet before the State Bar permits a lawyer to advertise as a DUI attorney. The only thing is needed is a license to practice law.
Myth #4: “All law firms will take my case to trial.”
As strange as this may seem, many law firms are not committed to taking your case as far as it needs to go reach the best outcome for you.
Myth #5: “All lawyers carry Malpractice Insurance.”
Malpractice Insurance is not required of attorneys. This means if your lawyer does not carry this coverage and he makes a mistake, you may be out of luck. It a lawyer does not carry malpractice insurance, it does not mean that he or she is confident that it will never be necessary. More likely it means that the lawyer cannot afford it.
Myth #6: “Calling a Lawyer Referral service or using internet sites that offer to find you a lawyer service is the way to find a competent lawyer.”
Lawyer Referral Services and internet sites are a nice idea, but they are far from perfect. Many do not adequately screen the attorneys they refer clients to.
Myth #7: “Lawyers who have a big ad in the Yellow Pages or a TV commercial must be successful because they can afford this advertising.”
Just because a lawyer is on TV or has a big two-page yellow page ad does not mean he or she is successful or qualified. All it means is he or she shelled out a lot of money to make people think that. TV stations and yellow page companies do not care if the lawyer is competent; all they care about is that the check clears. Is that the way you want to decide who is going to protect you and your family?
Here are a few questions you should ask in order to make an informed choice of who will represent you.
• “How many years have you been in practice?”
This will tell you much about the attorney’s potential experience. But, also ask what they have done all those years.
• “How much experience do you have representing persons who are charged with DUI?”
You should leave the attorney’s office confident that you have spoken to someone who has real expertise and experience in DUI law.
• “Do you have real experience handling a case like mine?”
You do not want a lawyer who sees your case as a new experience that he or she would like to try. You want someone with the experience necessary to do the job for you.
• “How many cases have you taken to jury trial?”
Your case might need to go to trial in order to get the outcome you deserve and it is imperative that your attorney have trial experience if it is required.
• “Who in the office will actually be handling the case and what are their qualifications?”
• “Are you covered by a legal malpractice insurance policy?”
There is really no two ways about this. Your attorney should have malpractice insurance. Malpractice insurance is just as much insurance for you as it is for your lawyer.
• “Have you ever been disciplined by the State Bar?”
You do not want a lawyer with a long disciplinary rap sheet and you deserve to know if your lawyer has been disciplined in the past.
• “What are all the potential legal costs, including investigators, experts and the like?”
The lawyer should be honest with you about what your case might cost. You want to be secure that the lawyer is not luring you in with promises of unrealistically low fees and costs.
•”What challenges do you see in my case?”
The lawyer should be able to explain to you what he or she sees as the challenges you face and what they could mean for the ultimate result.
• “How will you keep me informed about my case?”
You must feel comfortable with the attorney’s commitment to communicate with you. You should know if you would really be kept informed of developments in your case.
• “What will be the final outcome of my case?”
A good attorney will not promise you a specific result, because it is always impossible to be certain how a case will turn out. Any other answer is dishonest and unethical. A good attorney can only promise to do his or her best job in defending you.
Now you have decided on a lawyer who has offered to take your case. You have paid good money and you have entrusted the lawyer to help you. Now you need to tell your lawyer everything about your case. Everything. A common complaint among defense lawyers is that they learned a critical fact that they needed to know, not from their client, but from the prosecutor or a witness. Withholding information can only increase your chances of being convicted. But no matter what, having found an experienced attorney to represent you, you should rest assured that you are well prepared for the next phase of the process: the trial.