DWI Lawyer

The number of traffic accidents is increasing day by day. These are caused by numerous causes like road conditions and mechanical fitness of the vehicles but the most significant over the years have been driving under the influence of the drugs and alcohol. In order to safeguard against this particular hazard, the states world over have adopted stricter laws for the persons driving under influence of drugs and alcohol

DUI Laws

DUI laws mean driving under influence of alcohol. These laws have been adopted in USA to minimize the number of traffic accidents due to the drunk drivers. The traffic laws have always existed in USA and the punishments have been decided but the new DUI laws have stricter punishments for the violators. These laws also specify the particular blood alcohol level or BAC that would constitute an offence under the DUI laws. These laws vary slightly amongst the different states as the blood alcohol level for conviction is different.

Need For DUI Laws

The previous laws for ensuring traffic rules and traffic discipline were unclear in certain domains and the same have been addressed by the DUI laws. These laws coupled with the clause of implied consent have correctly identified all the anomalies.

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The growing number of traffic accidents worldwide is a cause of alarm for states. Among various reasons contributing to the accidents, driving under influence of drugs is the most glaring and dangerous cause and it can be easily averted. Accordingly the drunk driving laws are implemented throughout the world in general, and in USA, in particular. The record of the people caught under DUI laws is also kept and this is called DUI Record.

What Is DUI Record?

The driving under influence is a serious crime in USA and a proper record called the DUI record is maintained. A person is considered to be a DUI if he fails the field sobriety tests or is clinically tested to have a blood alcohol level higher than 0.08 for adults and zero tolerance or 0.02 for drivers under 21 years of age. Any driver caught under this act may face suspension of license or sent to prison. A record of this is kept by the police and court authorities and helps to determine whether an individual is a first offender or a habitual. The laws of states have varying level of punishments for first offense and repetition and DUI record aids the court in awarding punishments.

How Is DUI Record Used In Courts?

The DUI offenses are dealt at state level in specified courts. Unlike the federal courts that deal with normal offenses, the state courts maintain the DUI record and accordingly this record is used by the courts to award punishments.

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Alcohol is not good for health and this fact assumes even more importance in case of people driving under the influence of alcohol. A number of factors contribute to the traffic accidents like road conditions, mechanical fitness and the ability of drivers. However the most glaring and dangerous factor is the driving under influence, shortly called DUI.

Alcohol Possession

As per law of United States of America, an individual below the age of 21 years is not allowed to possess or consume alcohol and this possession constitutes a crime. Also any person selling alcohol to minors is liable to punishment under the law.

Driving Under Influence

DUI refers to the state of driving under influence of alcohol or narcotics. The driver in this case may exhibit varying levels of blood alcohol and once subjected to field sobriety tests, will fail them. The DUI remains a major source of traffic accidents in USA and have resulted into adoption of Zero Tolerance Laws.

Background To Zero Tolerance Laws

Zero Tolerance Laws are formed and promulgated to deter the underage drunken drivers as a large number of individuals involved in accidents are under 21years of age. Youngsters are mostly in a phase of improving their driving skills and show the tendency of over speeding and this rash driving coupled with drunken driving is a serious road hazard. In order to guard against this drunken driving, the US legislators were forced to develop strict laws that involve severe penalties and also remove the tolerance level. This all led to the adoption of Zero Tolerance Laws Read the full story

Traffic accidents remain a major cause of death world-wide. They not only take lives, but also cause disability and loss of property. A number of factors contribute to the traffic accidents like road conditions, mechanical fitness and the ability of drivers. However the most glaring and dangerous factor is the driving under influence, shortly called DUI.

What is DUI?

DUI refers to the state of driving under influence of alcohol or narcotics. The driver in this case may exhibit varying levels of blood alcohol and once subjected to field sobriety tests, will fail them. The DUI remains a major source of traffic accidents in USA and have resulted into adoption of Zero Tolerance Laws.

Tolerance Levels

While enforcing the traffic laws and implementing DUI, there is a tolerance level maintained. Generally the drivers are subjected to a standard tolerance level of 0.08 % blood alcohol in all states of USA. Anyone showing more than this level is considered to by DUI and charged accordingly.

Zero Tolerance Laws

In USA, it has been observed from studies that a large number of traffic accidents involve DUI by drivers under 21 years. As per the law, no individual under 21 years of age is allowed to posses alcohol. Furthermore, the tolerance level of 0.08% blood alcohol is not applicable to the underage drivers. For the persons under 21 years, blood alcohol levels of varying range from 0.0 to 0.02% are applicable in states and this low level of acceptable blood alcohol is called Zero Tolerance Laws. Read the full story

DUI stands for driving under the influence of drugs, alcohol and any other controlled substance. It is a serious offense as the person driving after the ingestion of these substances poses a threat not only to himself, as well as to people in the vicinity. The person invoved will need legal representation to explain all to him the charges and implications surrounding DUI. The laws and punishments may vary from person to person.

Variation Of DUI  Charges:

The laws surrounding these charges will vary according to the locality where this offense occured. It may also depend upon the case details, which include the threat posed to the people in the vicinity, and how much of the threat was realized. It also depends on the previous DUI record of the person. The person’s behaviour with regard to the authorities, and how he performed in the field sobriety tests will also be taken into account.

Probable Cause:

It is a legal tool which allows law enforcing agents to temporarily detain a person based solely on suspision of criminal activity. The legal action taken upon suspision is based on the person’s behaviour, actions or activities. The details of the probable cause will be analyzed by the court or consultation offering DUI advice.

Implied Consent:

It is also a legal process in which the accused may sign a contract if he willfully agrees to participating in a regulated activity.

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DUI stand for driving under the influence of alcohol, drugs, or any other controlled substance. It poses a threat to the person’s own life, as well as the well being and lives of the people in the vicinity. It is a serious offence world wide and entails serious penalties. Occasionally however, a person may hire a DUI attorney to legally represent him/her. They are specialized in all the legalities surrounding DUI laws and will form a suitable defense for the person.

Responsibility Of Your DUI Attorney:

It is often possible that the police officer charges a DUI offender with more than one violation of vehicle codes to make the case against you stronger. The prosecution will then ask you to plead guilty to DUI in return for dropping other charges. This is to make the prosecution’s case stronger; particularly where the convict has a low BAC (blood alcohol level) and the state’s attorney does not have much to stand on. Your lawyer must explain to you what the charges are and what the prosecutor’s reason was for making those charges.

How Should Your DUI Attorney Analyze Your Case:

The attorney must ask you all sorts of question to analyze the minute details of the event. This is to ensure that the police officer did not behave inappropriately when you were pulled over. Your lawyer must focus on three points in particular. He must ask about the incidents of the time you were pulled over, any field sobriety tests conducted afterwards, and any breathalyzer, blood or urine samples collected at the scene.

Incidents At The Scene Of DUI:

The lawyer should question the police officer’s motive for pulling the car over and whether or not it is mentioned in the report. Read the full story

You might have been convicted for DUI or you may be in the middle of being proved guilty for DUI. In each case, you would like to contact a DUI lawyer. However, there are certain guidelines; if you follow these properly, you may be able to prevent the same situation.

Sign up for Free DUI News Letter on Internet

The primary step in view of above us to get yourself registered with some of the free of cost DUI newsletter on internet. This will provide you an opportunity to get hold of the latest information and other helpful details concerning to DUI conviction, DUI records and DUI regulations.

Refuse Primary Alcohol Screening Test

If you have been caught for DUI for some reason then you should refuse the DUI official demand of taking you for PAS (Preliminary Alcohol Screening Test). Normally, the officer tries to convince you in every possible manner that it is mandatory. You must not fall prey to officer’s arguments, as this is not the mandatory test that you have to go for. This test is taken by the police department to collect strong evidence against you. On the other hand, your main purpose is to prevent your DUI charges by staying away from the additional proof which the official manage to acquire, if you agree to go for the Preliminary Alcohol Screening Test or PAS.

Do Not Go for Field Sobriety Tests

You better stay away from the Field Sobriety tests. These tests are utterly performed on voluntary basis. If you don’t agree, nobody can force you. You must not be bothered with the officer’s arguments. You must ignore these. Here, majority of officers try to deceit you by telling that if you pass the tests, they will allow you to leave. This actually has never occurred. Even the officer, who is performing these tests on you, won’t be able to pass himself! It is therefore, highly recommended for not offering them the proof that they may apply later in court not in your favor. Besides that, it is common practice by the officials to overstate the actual finding and also file them on the police report to proof that you were extremely drunk while arrested. Read the full story

The offense of driving under the influence of alcohol or other drugs imposes many severe penalties on the convicted driver. Among all the penalties, there is a sobriety test which DUI offender is subjected to go through under certain circumstances. Let’s have a look on the DUI laws for the sobriety test.

Implied Consent Laws

The laws of DUI require every suspected DUI offender to compromise various tests like breath test, blood alcohol concentration testing for checking the level of alcohol in the offender’s blood. Denial by the offender of taking these tests implies stricter penalties on the offender. These penalties are more severe than the sobriety test if they took it.

Consequences for the Denial of DUI Tests

According to the implied cones t laws, a person applying for driver’s license or have obtained it in a particular state has submitted his/her implied consent to undertake tests to check blood alcohol concentration (these tests include blood, breath or urine tests) if the officer requires them to participate in these tests. This also includes field sobriety tests. If the person denies participating in these tests then he/she has to face certain strict penalties. These severe penalties include:

• Jail imprisonment
• Huge fines
• Suspension of driver’s license
• Revocation of motor vehicle registration
• Insurance surcharges

In addition to all these penalties, if the driver has been caught for the DUI offense then he/she has to face even more severe penalties. Read the full story

Field Sobriety Tests (FSTs) are the tests performed by the traffic police officers along road side to monitor the drivers being drunk. These are often known as Standardized Field Sobriety Tests. Soon after their application some other non-standardized tests were made part of the FSTs by police officers or their departments.  There is a range of no-standardized tests but all these variants are designed to gage physical and mental conditions to drive.

The FSTs are designed to confirm the suspicions of the officer that the driver may be driving drunk. The police officers, using these tests can enhance their assertions about susceptibility of the driver drunken. Out of FSTs, horizontal gaze nystagmus test, one-leg test and the walk and turn are tests which facilitate the officer to assure his assertions.

The Horizontal Gaze Nystagmus (HGN) Test

The widely used test to judge the driver whether he is under drug’s influence or not is the HGN Test. The driver is asked to concentrate on an article. It may be a pen or a flashlight. The object is then moved in a vertical to and fro and the driver is supposed to track the object by his or her eyeballs. The police officer monitoring the eyeball movements makes a judgment about the state of mind of driver. If the eyeballs do not follow the movements of article he is supposed to be guilty.

One-Leg Stand Test

One-leg stand test is another standardized test to monitor the condition of the driver about his drunken stats. The test is performed away from the road where no traffic is passing by. The driver is told to stand on one leg and pick the other leg approximate 6 inches above the surface area maintaining his or her arms on their sides.

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