Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here DUI and Driving With a Suspended License Charges Should Be Taken as Different. »
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- It common for a driver to be caught while driving under the influence (DUI) of drugs or alcohol (generally described as DWI, DUI or drunk driving) and at the same time driving while having suspended license or recently reissued license, or DWLS, in Florida. In such cases the lawyer will have to file two charges in the information, one for driving with suspended license (DWLS) and one for DUI. Both of these charges are served in separate while defendant take these to court for trial. It also mean that the jury that take trial for DUI case will not hear the case or judge the case related to the driving with a suspended license (DWLS). For each case jury will be different for hearing.
It is because of the reason that charges of one case are different with the other. As the evidence related to driver suspended license, such as his driving history, have not concern with evidence related to DUI.
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Common DWI or DUI Penalties »
If you are caught for a DUI, you will definitely face some penalties. The penalties for DUI are different in different states. In some states, even a first time mistake can take you to the jail for some time along with the loss of license and a fine. In other states the felony DUI charges can be held for 3 to 5 years in state prison and can be extended if injury is involved. The underage drinkers are charged harsher penalties and that for people are charged when they are with minor passenger, some charges are handed down.
Overall, the penalties for DUI may include imprisonment, fines, probations and alcohol programs like a stay in rehabilitation centre, and more over Alcoholics and Narcotics Anonymous etc. For any of the DUI charges you definitely had to have skilled attorney, especially in chances where you may be dragged to jail.
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Why You Should Never Drink and Drive »
Leaving the legal issue aside, the question is whether or not to drive after consuming any amount of alcohol. Many researches have shown that impairment due to drinking begins long before a person reaches the blood alcohol concentration level set by the government to be guilty of drunken driving.
The Legal Limit
The legal limit for drunk driving is a blood alcohol concentration (BAC) level of 0.08, in all 50 states. This means that a woman weighing 120-pound can reach a 0.08 BAC level after only two drinks, whereas a man weighing 180-pound can reach 0.08 after only four drinks.
A drink can be any drink having some amount of alcohol, be it one shot of liquor, or a five-ounce glass of wine or one beer.
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What Happened to the Presumption of Innocence? »
This happens in most countries of the world, an illegal charges by the State forces the accused to prove himself innocent. However, in America, the presumption of innocence has always been a fundamental part of our rights as a free people.
This basic protection that has been given against the power of the government has been recognized as flowing from the 5th, 6th and 14th Amendments to our Constitution. As said by the United States Supreme Court, “The principle that there is a presumption of innocence in favor of the accused is the undoubted law, axiomatic and elementary, and its enforcement lies at the foundation of the administration of our criminal law.” Coffin v. U.S., 156 U.S. 432 (1895).
So what has happened to this presumption of innocence in a case of drunk driving? Can we consider this as another example of “the DUI exception to the Constitution”? So let us take a look at how this fundamental right has been slowly eroded by our DUI laws….
So now Let us assume that you have been arrested for drunk driving, and a reading of .09% blood-alcohol concentration (BAC) is shown by breathalyzers. By the breathalyzer you will be charged probably with two crimes:
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Due Process and Automatic DUI License Suspensions »
So last night you were stopped by the cops and then they arrested you for drunk driving. And just after the Breathalyzer showed that the reading of a blood-alcohol level was .12%, the officer take away your driver’s license and gave you a piece of paper on which it was mentioned that your license was immediately suspended.
Here several questions comes in your mind that you might be wanted to ask, you may ask that what happened?. Are they allowed to do that? I thought I was believed to be innocent, and it is necessary for the state to prove my guilt that should be beyond a reasonable doubt before that they can punish me. And I remember something about "due process": Are they able to suspend my license for DUI before giving me a chance to defend myself?
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What is the DUI Exception to the Constitution? »
Here on this website we will tell you about the other side of the story….
For years we had hear about the “slaughter on the nation’s highways”, we have also read tragic stories of people dying as a result of fatal hit by drunk drivers.
Pressure groups such as MADD have gained wild success in fomenting public hysteria and, and no politician could ever had such courage to oppose them, they have been pushing through ever stricter DUI laws and most harsh punishments. As a result of all these things, we are given a repeated assurance that the number of “alcohol related” traffic fatalities have continued to decrease dramatically.
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Approach a Lawyer Quickly in a DUI Arrest »
REQUEST TO TALK TO A LAWYER AS SOON AS POSSIBLE! It’s your right to talk to a lawyer, and to get a lawyer there during interrogation. If you can’t afford an attorney, one will be provided to you.”
If you’re held and taken into detention on DUI – Drunk Driving accusations by San Diego police, your right to talk to an attorney won’t be given until AFTER you present yourself to the required chemical examines performed at the Police Station or any medical facility where you have been transferred. Failure to put forward to a blood or breath alcohol examination, or “chemical test refusal”, once in detention, will impose penalty of an automatic forfeiture which means suspension of your driving license as stated by California’s “implied consent” laws.
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FAQs About Drunk Driving »
Here I have tried to give the answers to some frequently asked questions about drunk driving. After reading that you might understand few aspects of drunk driving.
How High the drunk level should someone possess before he can be convicted of driving under the influence?
To drive a car while a person is “impaired” by the effects of alcohol or drugs also including prescription drugs is considered to be illegal. What it means is that there must be enough alcohol or drugs in the body of driver which would have been preventing him from thinking clearly or driving safely.
This level is reached by many people well before they’d be considered “drunk” or “stoned.” In all states, a person is considered to be guilty of a DUI (driving under the influence) or DWI (driving while intoxicated) who has a blood alcohol content (BAC) level of .08% or above.
In spite of all the facts, in almost all states drivers under the age of 21 are considered to be driving under the influence of alcohol if they are having their BAC at or greater than .01% or .02%, depending on the state.
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San Diego DUI Record Expungement »
In this article I will explain you the details of DUI record expungement. Here I have written some benefits of DUI Expungement, its qualifications and FAQs about DUI Expungement.
DUI Expungement Qualifications.
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It is needed that your DUI conviction must not have resulted in a prison sentence, although if you have incarcerated in a city or county jail or detention center then you your eligibility for expunging your case will not be disqualified.
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It is required that you must not have any pending criminal charges or current court cases.
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It is needed that you have successfully completed your probationary term and you have met all terms of your sentencing, you are not currently in custody, and have since been lawfully abiding.
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If you have never been placed on probation for your DUI, then your offense will be eligible for expungement after one year from the date of your conviction.
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FAQs about San Diego Drunk Driving »
When San Diego police arrested me for DUI, they took over my driving license. How can I have it back?
In normal cases, an expert San Diego DUI attorney can help you in showing to DMV Officials there was no solid ground for your license suspension or annulment, and it can be returned to you. If you don’t call for an “admin per se” hearing with the DMV within 10 days after your drunk driving arrest, the DMV will give back your driving license at the ending of the suspension term ( i.e. four months if this is your first case), provided you give a 125-USD which is a re-issuance fee and show insurance documents. The reissue fee is 100-USD if you were under 21 when you got arrested for DUI according too San Diego’s Zero Tolerance Law for driving under the influence.
What is the difference between the DMV driving license suspension or cancellation for DUI arrest and the driving license suspension or cancellation brought down by the judge of criminal court during hearing?
The DMV driving license suspension or cancellation received at a DUI arrest is an administrative and civil thing whereas the suspension or cancellation as a result of a conviction in criminal court becomes a criminal penalty.
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