According to Mothers Against Drunk Driving a person is killed by a drunk driver in this country every thirty-nine minutes. There were a total of 17,602 alcohol related fatalities on American roads in 2006.

With statistics like these it is no surprise that state governments across our country are enacting tough penalties for citizens whose choose to drink and drive, this includes Reseda. These penalties can include: mandatory jail time, loss of driving privileges, increased auto insurance rates, installation of an ignition interlock device, mandatory attendance of alcohol and drug educational classes, a lifetime conviction on your criminal record, points on your DMV driving record, employment consequences, professional license consequences, the inability to rent
a car, and consequences in unrelated legal proceedings, like divorce or child custody hearings.

While these are tough and often life changing penalties they bow in comparison to the shame and humiliation associated with an arrest and conviction for DUI. With the entire stigma associated with a DUI conviction it is more important now than ever to retain the services of a professional and experienced DUI attorney if you are arrested for Driving Under The Influence.

A professional DUI lawyer in Reseda or Marina del Rey, brings years of experience and expertise to help get your case dismissed. A professional DUI attorney can make sure your rights have not been violated, your blood and alcohol level tests have been properly performed, and ensure the equipment and procedures used to monitor your blood alcohol levels have been adequately maintained and carried out according to the laws of your state.

If you are going to have surgery you want the best surgeon, so if you have to experience a DWI charge in Hermosa Beach, Redondo Beach, or Hermosa Beach, you also want a seasoned and successful California DUI lawyer. In order to protect your interests, your family, and your property you need a professional attorney to help you with your DUI case.

By: Michael Ehline

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Student Loan Consolidation

Your auto insurance after a DUI will be affected for several years due to the fact that you’ll now be classified as ‘high risk’. The first major impact you’ll see in regards to your auto insurance will be the mandatory requirement that you carry what’s referred to as an SR22 insurance policy for 3 years.

The SR22 insurance policy is reserved for DUI drivers when they get their drivers license back and is the highest risk policy an auto insurance company can cover. Not all employers offer this type of auto insurance either and most of the major insurance carriers will likely drop you after your DUI conviction (or whenever they find out about the DUI on your driving record) as they don’t insure ‘high risk’ policies.

To get a high risk policy you’ll most likely need to seek out smaller companies that specialize in these types of policies. These smaller companies are set up specifically to provide high risk coverage and charge as you could have guessed a bit more for their services. In some instances your auto insurance after a DUI can be at least 2 or 3 times what a ‘regular’ policy costs.

The thing to remember about getting auto insurance after a DUI conviction is that there are no laws in effect that regulate the premiums that are charged. What this means is that each company is free to charge whatever prices they want in order to issue you one of these high risk SR22 insurance policies. Knowing this, the best thing you can do is to comparison shop and get quoted on as many policies as you possibly can before deciding on a particular insurance provider.

By: Tim H

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Many of you will be unaware of what will happen after a DUI arrest. Typically, in every state in United states, after a DUI arrest, You will be taken to police station and be subjected to a series of sobriety tests and a breathalyzer test. It is your option to perform both of these tests except in the case of a blood test, which requires a search warrant.

DMV administrative hearing:

Next, your drivers license will be suspended immediately after an arrest and a temporary license is issued in its place. To preserve your right to drive, you must contact DMV and request an administrative hearing within the specified amount of time listed in your notice.

The DMV hearing or an “administrative per se” is held at DMV office before a Driver Safety Hearing Officer of the department. The hearing mainly focuses on the police reports , chemical reports and the testimonial of the witnessess, such as the person who was near you at the time of your arrest and the officer who arrested you. The outcome of the hearing can be positive or negative depending on the evidence as well as your defense.

Arraignment:

The purpose of arraignment is to advise you of your legal rights, to check if you have a lawyer and to appoint one if you can’t afford, to announce the criminal charges against you, to ask how you wish to plead to your charge such as, guilty or not guilty or no contest and to announce future court dates.

The date to when you should attend the arraignment is given in your ticket.

Pre-trial conference:

The pre-trial conference is where your lawyer meets district lawyer to negotiate plea bargain. Your lawyer will collect all the discovery materials that serve as an evidence for your case. This may take several visits to the court.

Suppression hearing:

If your lawyer suspects that your constitutional rights have been violated, he or she will file various motions to suppress evidence against you. Most often, the DUI criminal case will come to an end at this stage, if the plea bargain is accepted. If not, you need to face the trial.

Trial:

A trial takes place at the district court where the jury or a judge will examine all the evidence and witness testimonies of your case to decide whether you are guilty or not guilty. Almost in every state you have a right to a jury trial. In the jury trial, the jurors will decide if you are gulity or not and the judge acts upon it.

Sentencing:

If you are found guilty, the court imposes a sentence at the sentencing hearing which is at the same day as trial. Sentences may include fines, jail time, community service, alcohol classes and ignition interlock device.

By: Jennifer Mann

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Whether you have a DUI in Another State or Your State, it’s important to know that a DUI can stay on your record for up to 10 years. Therefore, don’t dwell on your situation, but focus on getting all of the information that you can in order to help yourself . Your first and foremost Goal is going to be to either expunge (completely remove) your DUI/DWI or Greatly Minimize the Damage to your personal life.

Know this, right after your Drunk Driving Arrest, your drivers license is still valid. Even though you may have been given a temporary or paper license, your DMV record will not have the charge recorded, yet.

Put two and two together. You have a small period of time to get a “clean” Legal License before the damage is done.

If you haven’t been convicted, Consider This Premier Defense Strategy Used by Many High Powered Attorney’s called the “RISING BAC THEORY”.

According to The Information Association, LLC;

The Rising BAC theory (also known as the subtractive retrograde theory) is a very effective defense strategy in some states and less effective in others. It depends o the judge and wheter or not the court recognizes the theory but scientific evidence proves that this is completely accurate beyond a shadow of a doubt.

The idea behind it is due to the passage of time between alcohol consumption (when you last drank) and when it actually shows up in your blood stream. You see, it is only a crime to drive with a BAC of 0.08 or over, NOT to CONSUME enough alcohol to have a BAC of 0.08 or greater.

So, if a person consumes enough of an alcoholic beverage to put them over the legal limit immediately before driving, then they et into a car and drive 10 minutes down the road to their home and go to bed…the alcohol never had time to enter their blood stream to raise their BAC over the legal imit while they were driving.

So even though they consumed excessive amounts of alcohol, the did not drive with a BAC of over 0.08 (which is the legal limit).

They were home before the alcohol had a chance to “seep” into their blood. In essence, no crime was ever committed because the way the law reads, YOU MUT ACTUALLY BE DRIVING WITH A BAC over the legal limit. (0.08)

And it takes time for that to happen….like a couple of hours. So…

The problem comes I with the police officer who pulls you over for suspicion of drunk driving. He keeps you at the scene for an hour or more, and then brings you down to the station to blow into the Intoxilyzer 5000 breath machine. Now it’s been 2 hours since you were actually driving!

If you had consumed alcohol immediately before driving, the alcohol WAS NOT in your blood stream when you were actually driving, but by the time you ended up blowing into the Intoxilyzer Machine (2 hours after you were driving) at the police station, the alcohol has now been fully absorbed into your blood (due to passage of time) and will register on the test.

But you weren’t driving with that amount of alcohol in your blood, you were at the police station with that amount of alcohol in your blood.

So technically the crime you committed was blowing into an Intoxilyzer with a BAC of 0.08 or greater, NOT DRIVING WITH A BAC OF 0.08 OR GREATER! And it’s certainly not a crime to blow into a machine over the legal limit. It’s a crime to drive an automobile over the legal limit.

Do you see the rationale behind this theory? It’s very persuasive and effective!

This DUI Article is not to be construed as Legal Advice in Any Way, Shape or Form. You Should always seek the advice of a competent, qualified, attorney when making any Legal Decision. You should also have access to behind the scenes information so that your best interests are being met at all times.

By: Janet Brooks

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Your Family

Throughout the nightmare of first getting pulled over, the sobriety tests, chemical tests, reading of rights, being handcuffed and placed under arrest, transported, booked, jailed, processed and released, a huge number of factors can get in the way of making a DUI conviction a perfect “clean-cut-and-dried” case. DUI cases are born by the hundreds (even thousands) every day and certainly, not all of them go to full conviction and loss of a drivers license after DUI. Too many factors enter the scenario such as human error, improper following of procedure, insufficient evidence and, of course, clever lawyers that prevent all drunk driving cases from closing. Nevertheless, far too many cases do close resulting in no chance for a license after DUI due to small details that the driver is unaware of and, if exposed in court, would be grounds for a dismissal.

Aside from license suspension after a DUI, probably one of the first notices that you’ll receive is that your auto insurance has just been canceled. After a DUI conviction, many States will require what’s called an SR-22. To alleviate confusion, the SR-22 in itself is not auto insurance. It is simply a form that notifies the state that a driver has the required insurance coverage (or “financial responsibility”). Many insurance companies will still insure a driver after a DUI although it may not be from your original carrier. If the SR-22 file lapses, a license can be suspended again. Many of the former headaches you experienced with your original DUI license reinstatement will come back to haunt you.

Many have never heard of what’s called expungement. Just having a DUI expungement can open the possibility of getting your license back after a DUI. To expunge a DUI usually means also not having to report a DUI on certain applications pertaining to employment or other personal matters. In addition, a properly expunged DUI record is generally prohibited form appearing on pre-employment background checks or other sensitive inquires. Not all criminal records are eligible for expungement, obviously, as several conditions may apply such as past criminal history, the purpose of the expungement, and the severity of the offense for which expungement is being considered. An expungement is usually blotted out from a person’s legal records but not totally obliterated. Nevertheless, to expunge a DUI is practically unheard of and the effects are amazingly positive.

Nowadays, just about any job position imaginable is subject a pre-employment background check. Background checks not only eliminate undesirable applicants but can also snag otherwise lawful citizens into a black hole due to a blemish such as a DUI on their driving record. Even during existing employment, a background check can come back to haunt as many employers conduct regular screenings at certain intervals - and this does not just include drug testing. Just like a credit record is check by a bank regularly, a criminal record may be periodically searched for by an employer as well. This can be especially troublesome if a drivers license is in jeopardy due to a recent DUI.

Consequently, the data that is acquired during a background check may not always be accurate either. Some of the most sensitive information about someone is just a mouse click away and other (legal) operations are willing to sell it to anyone. In cases of getting a license back after a DUI, the history of prior convictions can stay on your record unless DUI expungement is pursued. In addition, even though personal protection laws are being developed to purge these records from public access, many will remain indefinitely unless their owners take proactive action to get them removed themselves.

These are all just a sampling of the implications and obstacles that accompany a DUI. Fortunately, the entire DUI process can be simplified and accelerated, but only if you learn exactly what to do right away. To get started go to: DrivingAfterDUI.com.

By: Kani Oglee

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Trading

DUI is referred to as Driving under the Influence. You might have drunk and driven before and had a dui case filed, and you are in need of clearing it for the purpose of maintaining a clean background records for your employment. This article walks you through how you can clear or significantly minimize your DUI records, get your driver license back (if the case maybe) and save money on vehicle insurance.

Most people don’t realize that they can completely clear the DUI records, or prevent it from showing up on any of the background checks. Maybe you have an older DUI conviction record and are looking to clear it and prevent it from showing up on any of the background and criminal records. A DUI conviction records yields a bad reputation and you must immediately clear it or prevent it from showing up on any of the background searches usually conducted during employment.

Simple steps to clear your DUI Records:

Dui records can be cleared in 2 methods -> by yourself and by using an attorney

Using an Attorney:

If you don’t have the information to clear the dui records on your own you can by using an efficient lawyer who can clear your dui records permanently. In that case you have to choose an attorney who specializes in handling DUI records. Those lawyers represent your state as a DUI/ DWI defense attorney. The attorneys must be certified breath test operator. They also must be a certified instructor of standardized field sobriety tests (SFST). So look out for the best DUI/DWI Defense Law firm in your state. These attorneys help you to get your driver license back and points you to the right auto insurance firm that helps you save money. Even if you choose to go by the help of attorney there are few things you must know before approaching them.

Clearing it yourself:

Learning how to clear your DUI record on your own is not a rocket science. You can fill out few forms and then prevent it immediately from showing up on the public records. After you have done that, you are safe; your employer can’t find your records on any of the public record directories. You can get your driver license back and save money on auto insurance all by yourself by filling out a few forms.

Now you know the methods available to clear your DUI records. Now go and remove that “X” mark from your background records as soon as possible.

By: John S William

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Fetal Development

When it comes to DUI charges, you truly do need the best lawyer your money can buy.

Every state is becoming more strict and most are adding mandatory minimum sentences. Even if it happens to be the first time you have been arrested for driving under the influence, expect your life to change dramatically.

A friend of my family recently had a tragic family event occur and rather than deal with it in the appropriate manner, he chose to drink and drive. We live in the Seattle Washington area and here, the laws regardingdriving under the influence or “DUI”, are very strict. Everyone who was with him that evening decided to take a cab and they were not able to retrieve the keys away from him. A few minutes after they left to hail a taxi, he was pulled over by the police. He now faces a two year suspension of his driving license and possible jail or home confinement with a ankle bracelet monitoring device. Those are just to start with. I was able to attend his first meeting with the DUI lawyer he selected. I told him I wanted to learn more about lawyers and how they handle DUI cases. I also wanted to learn about their fees and mandatory minimum sentences for our specific state, Washington. DUI laws vary according to what state you are charged in.

Each lawyer specializes in the laws in his or her state. It is true that most states now have mandatory minimum sentences for DUI offenders, even first timers. Our friend contacted and met with several lawyers and the minimum cost was around five thousand dollars. If the case ends up in a trial, it could cost even more. This says nothing about the effects on the offenders family, job and social life. In Washington state, your drivers license is suspended before you are even convicted. If you don’t have an attorney, you are looking at very serious consequences that you may not face if you hire the right DUI lawyer.

If you don’t have a very good lawyer that specializes in defending DUI cases, you can almost certainly forget about getting the charges filed against you dropped. You definitely need to find a way to obtain the best lawyer that specializes in this field.

Plan on paying a heavy price both financially and emotionally if you are convicted of driving under the influence. Your only hope is having the very best defense and an expert who wins cases similar to yours. Use the Internet to find the very best lawyer. Search forums and reviews for lawyers in your specific state and or county. The difference between doing this and nothing could mean the difference between incarceration and freedom.

By: Shelby Wallace

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Teen Children

Ohio DUI laws refer to drunk driving as Operating a Vehicle while intoxicated (OVI), Driving Under the Influence of Alcohol (DUI) or Operating a Motor Vehicle while Under the Influence, Impaired, or Intoxicated (OMVI).

OVI arrests trigger two separate cases. The first is with the Ohio Bureau of Motor Vehicles. In this case, you have a limited amount of time to challenge the suspension of your license. This is a bureaucratic, not a judicial, hearing.

The other action under Ohio DUI laws is the criminal case. In this case, the prosecutor will have to prove beyond a reasonable doubt that you operated a motor vehicle while having any amount of alcohol or drugs which impair your physical or mental abilities to an appreciable degree. If you have a blood alcohol level in your system of .08% determined by blood, breath, or urine testing, you are presumed to have been driving under the influence.

The penalties for being convicted of DUI/OVI depend on your prior criminal and traffic records, the level of alcohol in your blood, and the specific facts of the case at hand. Higher BAC levels can double the penalties under Ohio DUI laws.

At a minimum (first time DUI), you will be facing a drivers license suspension, 3 days in jail or 3 day driver intervention program, and a fine of up to $1000.

Multiple DUIs increase the severity of the penalty. For instance, a fourth and subsequent OVI results in a minimum of 60 consecutive days in jail (with a maximum of 1 year), a fine of up to $10,000, mandatory drug or alcohol treatment, vehicle forfeiture, and at least 3 year’s driver’s license suspension. If the Judge feels the case is serious enough, he or she can revoke your license forever.

You should know that Ohio DUI laws state that if you are convicted of a DUI/OVI, you cannot have any conviction expunged from your record. This includes both DUI cases and any other minor criminal convictions in your past or future.

By: J. T. Lawrence

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Potty Training

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.

By: C Dreyer

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As a part of the criminal law, DUI is considered the most advanced, progressive and an intricate area of legal action. The DUI law keeps changing on a frequent basis may be each year or even in a matter of a day. A DUI Attorney needs to have a vast range of experience to match with the current issues that come up.

The ways to find a DUI Attorney

• To start with, the very first step to identify an efficient DUI Attorney is its certification and knowledge acclaimed in the past. You should enquire briefly, the amount of time spent behind the practice of the DUI law and confirm whether the person holds certifications in specializations like DUI, OWI and DWI law. Verify the details on the ever changing drunk driving laws as well as all current updates on the DUI state laws.

• As a capable lawyer, the DUI Attorney must be well informed with the state DUI laws. It’s like knowing the opposition team so well that you do not require any added strategies to face them. Similarly, in case of a DUI lawyer if they know and understand the judges thoroughly, it definitely boosts the chances of winning the case more than it could have in normal cases. Moreover, knowing the prosecutor’s name and having been worked with him in the past is an added benefit.

• Enquire precisely whether the DUI Attorney holds any membership in professional associations like the National Association of Criminal Defense Lawyers or the State Association of Criminal Defense Lawyers. They are supposed to visit regular Legal Education seminars to keep themselves updated with the current regulations of DUI law.

• You should ask your DUI Attorney whether the person have any kind of prior trial experiences on drunken driving cases and the number of positive outcomes among them. These factors determine the future of your case. The records necessarily do not suggest that the lawyer would make you win or loose the case but it stands with a positive and optimistic note.

• Have a brief discussion on the fees structure and confirm the way the DUI Attorney would charges his fees, flat or in an hourly basis. Whether there are any added charges for services like telephone, copy costs, postage and others.

• If you do not know any person who has already been through an OWI and have experienced the work of a DUI Attorney, ask the lawyer for names of such clients who would not mind to share their exposure and knowledge with you. If the DUI lawyer is potential enough, the clients he has served would never add something bad to his name.

• The last thing to consider before appointing the lawyer is to see whether you are really finding enough comfort to discuss things frankly and clearly with the DUI lawyer. The lawyer on the other hand should be encouraging and deliver confidence about winning the case. This sort of attitude on both the ends would evolve a mutual trust and certainly would win cases against you.

By: Danielle Sage

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Beauty Care

We all know that driving drunk is a bad idea. Not only are you putting the lives of those on the road around you in danger when you drive drunk, but you are also risking your right to drive. If you are arrested for DUI in the state of Georgia, you will face strict penalties. Understanding these is important as you proceed through your drunk driving case.

First offenders, which are those who have not had a DUI arrest in the past five years in Georgia, will lose their license for one year after a DUI arrest. Of course, this would make getting to work or school difficult, so the state allows first time offenders to apply for a work permit that allows them to drive to work, school, or doctor appointments. This permit lasts for 30 days, and during that time the offender can complete a Risk Reduction Course and pay $200. This allows the regular license to be reinstated after just 30 days.

Besides the driver’s license suspension, a first time DUI offender in Georgia will pay between $300 and $1,000 in fines, on top of other fees and court costs. At least one day of jail time is required, but a typical sentence is 10 days to 12 months. If the jail sentence is less than 12 months, the offender will have to serve a 12-month probation period. Offenders must perform 40 hours of community service after a Georgia DUI conviction.

Georgia DUI convictions carry strict penalties, even for first time offenders. Hiring a DUI lawyer can help lessen these penalties somewhat, but the best course of action is to never drive drunk.

By: Cary Bergeron

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Debt Consolidation

When Arizona’s new DUI Law took effect in September 2007, it became more imperative than ever for those charged with an Arizona DUI to be able to defend themselves against such charges. A conviction under the new Arizona DUI statute may bring with it stiffer penalties including increased jail time and license suspension. With so much at stake it’s surprising that many drivers do not know their rights when pulled over. Some do not even know that they have rights at all. At Koplow and Patane, we encourage you to learn how knowing your right and keeping them close at hand is the first step to beating a DUI charge.
DUI defense

If you’ve ever been pulled over for suspicion of DUI, you know that it can be a very frightening and intimidating situation. But did you also know that you have the right to remain silent? You may refuse to answer questions. You may refuse field sobriety tests. However, in most situations the law will require you to submit to a chemical test. Moreover, depending upon the situation, you may also be able to speak with an attorney prior to the test. Remember, this may not always be the case, but always request to speak to an attorney. You should also consider getting an independent test of your blood. You may be able to get the test at a hospital emergency room.

One of the biggest mistakes people make when they are pulled over is to submit to field sobriety tests. Field sobriety tests were created years ago in ideal lab conditions that cannot be replicated on the side of a roadway in different weather and lighting conditions. Issues such as height and weight or medical problems may make certain field sobriety tests more difficult for some people. Field sobriety tests are not one size fits all and because they are subjective they are not always accurate.

Knowing your rights when pulled over for suspicion of DUI can turn a potential nightmare into a manageable one. The most prudent course of action is, of course, not to drink and drive. However, if you are pulled over, being polite to the officer and invoking your rights are the first steps in creating a more manageable outcome.

By: Lawrence Koplow

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Symptoms Lung Cancer

The moment you saw those flashing lights in your rear view, you probably started kicking yourself for having that last drink. But even after you’ve made amends, DUI charge is a glaring inconvenience on your permanent record.

The fine, which varies slightly between jurisdictions, can add up to $1,600 after including mandatory fees and assessments. A DUI charge will also get you a suspended license for several months at least, and years of probation.

Many states also require DUI school or DUI classes that will re-teach the dangers of drinking and driving. And depending on the court, additional requirements may include AA meetings, community service, attendance at “victim’s panels.” On top of the fines and possible jail time, DUI record can keep you from getting a good job, send your insurance premiums skyrocketing and make you target for police when the bars close.

While punishment is obviously a part of getting caught, but DUI law still allows you to clear your record and make your past a little more palatable for employers and insurers. In most states, specialized DUI lawyers can help expunge your records or even withdraw a plea and clear it completely.

The first thing to do is start researching local attorneys to find one that specializes in DWI or DUI cases. These specialized DUI lawyers have created an entire industry around helping people clean their records. The most important thing is making sure your chosen attorney is certified as an operator of breath tests, certified as a trainer for sobriety testing. Having these credentials will insure that your DUI attorney will be able to see any mistakes made by police, which could help you walk away from your charges, no matter how long they have been on your record.

Some state DUI laws have restrictions on expunging records. In California, for example, if you’re serving a sentence or on probation, you cannot proceed with expunging a DUI record. But in other states, it’s much easier.

In any case, all a lawyer does is file a motion in court and you and your attorney will need to prove to the judge that it is in the state’s best interest to take the DUI record off your permanent record. If the judge accepts your and your attorney’s logic then, depending on the state, you could be subject to diversionary classes or driving classes. The expunging process will likely incur more fines and attorney fees, but over time, it means you won’t be charged extra on insurance or ever fail a background check.

For more information on clearing your DUI record, visit the aptly named guide Clear My DUI Record for more information.

By: Tim Rasmussen

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Loan Consolidation

A DUI in Tennessee or in any other state is a serious offense. It can have a negative impact on your job, family, and privilege to drive. Hiring an experienced DUI attorney will have a major impact on how your DUI is resolved. A experienced DUI attorney that has several years of Criminal and DUI defense experience in the state where you were charged should handle your DUI case with aggressive skill while making sure that your rights are upheld.

1) What is a DUI?

In Tennessee, and most other states an individual may not drive or be in control of a vehicle if the blood alcohol content is .08 or more. It takes very little to achieve a blood-alcohol level in violation of law.

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).

2) Should I take the breath test?

If you have had no alcohol, the test will prove you have not exceeded the state limits. If you question how much alcohol you have consumed, the breath test may prove disappointing for you. Because of the accuracy of the machines, they are presumed to be accurate and .08 blood alcohol level will get you arrested. You may choose not to blow. Understand that failing to take the breath test as requested by an officer with probable cause, may suspend your license for a period of one year.

DRUNK DRIVING IS A MINOR CRIME.

Maybe 20 or 30 years ago DUI charges were minor offenses. Many veteran attorneys remember the days when drunk-driving charges only carried a slap on the wrist, and fines of $50.00 to $150.00, with no loss of driving privileges. In fact it was a simple walk down to the courthouse paying a small fine and letting the judge reprimand you for a short while. However, those days are long gone!

Now with stricter DUI laws you need a lawyer who will represent your interests to the fullest extent of the law. A drunk driving charge could cost you your ability to drive, and not to mention land you in jail. So, the answer is drunk-driving charges are very serious charges and you shouldn’t take them lightly.

What May Happen if You are Pulled Over

Here is a likely scenario if you are pulled over and you’ve been drinking:

When the officer approaches the car he or she asks will probably ask for your license and registration and then ask “Have you been drinking tonight?”

The police officer(s) may then ask you to step out of your vehicle and perform one of several field sobriety tests or FST’s. These are quick exercises for you, the driver, intended to indicate whether you are in fact intoxicated. This may include simple tasks such as tipping your head back and touching your nose, reciting the alphabet or following a pen with your eyes. All of these examples are very difficult to perform while you are drunk, making them a favorite tool for police officers to use.

If an FST is not performed, the officer(s) is likely to perform a chemical test, which can more accurately indicate sobriety or insobriety. A breathalyzer may be used at the initial traffic stop, or you may be taken back to the station for a blood or urine test.

THE WORST THING YOU CAN DO IS WHAT TOO MANY PEOPLE DO - DELAY OR DO NOTHING!

Way too many people have told me they wished they had acted sooner before important evidence was lost that could have proved fatal in their case. I have encountered many people who decided not to retain a experienced DUI lawyer for one reason or another. However, only to find themselves years later wishing they would have gotten sound advice. It’s unfortunate but TRUE!

Please don’t let this happen to you. If you’re in a situation where you don’t know what to do and you can’t seem to figure things out, then that’s more of a reason to call an experienced DUI attorney that understands that you have a lot of questions and concerns on your mind because having a DUI on your permanent criminal history will ultimately affect your life in one-way or another. However, not doing anything at all won’t change your situation.

By: Todd Daniel

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Baby Showers

Were you arrested for DUI, or was someone close to you arrested on a DUI offense?

First off, we need to talk about your feelings for a second.

If you have been arrested for DUI, you are probably embarrassed or ashamed, maybe a little mad, but most of all, you want to know what to do, what can be done, what you are facing, and if you even have a chance of fighting a DUI case. It is my hope to bust a few myths about DUI defense, and also let you know what can and cannot be done with a DUI case.

Can you fight a DUI?

DUI Defenses generally fall into categories of types of defenses. The best results follow when you leave no stone unturned in coming up with defenses for a DUI case. It is generally not a good idea to “pick one” defense, and aggressively go for that one defense. The better tactic in defending DUI cases comes when you carefully review all of the evidence, line by line, and come up with a strategy.
Forcing the DA to prove you were driving. Intoxication is not enough: the prosecution must also prove that you were driving. This may be difficult if, as in the case of some accidents, the police arrive after the scene, and there is no witnessing actual driving. Forcing the DA to prove Probable Cause. Evidence can be, and will be suppressed, if the officer did not have legal cause to (a) stop, (b) detain and (c) arrest. DUI checkpoints and sobriety roadblocks in particular present many defenses to a DUI, but often the police will stop someone for a non-driving violation, and then use that as a pretext to *fill in the blanks* for probable cause. Case law could not be more clear in many cases — this is not allowed and not proper. Failure to give Miranda warnings. Incriminating statements may be suppressed if warnings were not given at the appropriate time. Implied consent warning defenses. If the officer did not advise you of the consequences of refusing to take a chemical test, or gave it incorrectly, this may invalidate a DMV license suspension based upon a refusal to provide a breath/blood sample. Forcing the DA to prove that you were *Under the influence*. The officers observations and opinions as to intoxication can be questioned … the circumstances under which the field sobriety tests were given, for example, or the subjective (and predisposed) nature of what the officer considers as *failing*. Witnesses, including bartenders or waitresses, can also testify that you appeared to be sober. Breath alcohol testing defenses. There exists a wide range of potential problems with breath testing. Most breath machines will register many chemical compounds found on the human breath as alcohol. Temperature and even the pattern of blowing can wildly cause the breath reading to fluctuate from normal. And breath machines assume a 2100-to-1 ratio in converting alcohol in the breath into alcohol in the blood; in fact, this ratio varies widely from person to person (and within a person from one moment to another). Radio frequency interference can result in inaccurate readings. These and other defects in analysis can be brought out by obtaining the maintenance and calibration records of the machine, or in cross-examination of the state’s expert witness and/or the defense can hire its own forensic chemist. Blood alcohol testing defenses. There exists a wide range of problems with blood testing, also, including the requirement in California that alcohol swabs not be used, that the person drawing blood be a licensed phlebotomist (not just a police officer), that the blood vial have a certain percentage of preservatives and anti-coagulants, that the blood be available for re-testing, that the blood not be exposed to bacteria (in the air or otherwise), that the blood testing machine be maintained and calibrated, that the blood be homogenized, that the vial follow a chain of custody, and that the blood be taken within three hours of driving. Medical issues: Being a diabetic, on Atkins related diets, a person with acid reflux, with eye, knee, neurological or other physical defects, or on medication, can often create a false positive conclusion that someone was under the influence. Testing during the absorptive phase. The blood, breath or urine test will be unreliable if done while you are still actively absorbing alcohol (it takes 30 minutes to three hours to complete absorption; this can be delayed if food is present in the stomach). Thus, drinking “one for the road” can cause wildly inaccurate test results. Retrograde extrapolation. This refers to the requirement that the BAC be “related back” in time from the test to the driving. A number of complex physiological assumptions are made with retrograde extrapolation, and in general, it involves bad science. Regulation of blood-alcohol testing. The prosecution must prove that the blood, breath or urine test complied with state requirements as to calibration, maintenance, etc., and often, it is discovered that a machine had mechanical problems, or tests *off*, making the test excludable and sometimes dismissing the entire case. License suspension hearings. A number of issues can be raised in the context of an administrative hearing before the states department of motor vehicles, including mistakes by the officer.

The thing is, most of your friends do not even know all about the scientific issues involved. They usually just urge you to plead guilty. Even most attorneys are unaware of the complex issues and defenses involved in a DUI case.

A qualified DUI attorney, however, can review the case for defects, suppress evidence, compel discovery of such things as calibration and maintenance records for the breath machine, have blood samples independently analyzed, negotiate for a lesser charge or reduced sentence, obtain expert witnesses for trial, contest the administrative license suspension, and handle a DUI trial with the greatest odds of success.

A good DUI attorney can also help you by handling the Department of Motor Vehicles hearing, which you must request within 10 days of your arrest, saving your license, and can minimize the impact on you from a DUI. In almost all cases, we can appear for you in court, without you ever having to take time off and experience the embarrassment of the court process. We can ask the court to minimize the fees and other punishment in your case, even if your case is not dismissed or reduced.

A DUI can stay on your driving record for life, and also leaves a criminal record (depending on how it was filed, a DUI is either a misdemeanor or a felony). It can expose you to jail time, hefty fines with the court, expensive and inconvenient alcohol schools, and a huge insurance increase that lasts for years, so in almost all cases it is worth it to fight the charges, to avoid a potential conviction (which stays on your record for life in California), and so that you never have to wonder *what if* years later.

By: Robert Louis Miller

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Are DUI laws too tough? Consider the following:

o In Arizona, Illinois, Louisana and New Mexico, first time DUI offenders are required to install ignition interlock devises.
o Arizona has created a “Super Extreme” classification for DUI offenders with blood alcohol content of .2 percent. The minimum sentence for a first time “Super Extreme” DUI is 45 days in county jail.
o In states such as Georgia and Florida, a fourth conviction is automatically a felony offense with a minimum of one year prison time.
o In South Carolina, a fourth time offender could serve seven years in prison.
o Georgia requires all first time offenders to go through a court ordered alcohol dependence evaluation and subsequent counseling that is very strict.

So, are these DUI laws too tough?

Some consider that because there are more than 15,000 alcohol related deaths each year, no law can be tough enough.

But, it’s no secret that DUI laws have gotten much stricter in the past decade, due in large part to the efforts of organizations like Mothers Against Drunk Driving (MADD). The maximum blood alcohol level has dropped from .1 to .08 meaning more people are “caught” driving drunk.

Additionally, police have targets of catching a certain number of people on a DUI during a given shift. They will stop people on minor infractions looking to “catch” a drunk driver - even if his driving wasn’t impaired.

As a result, ordinary people who are not endangering others are getting caught in a web of loosing their driver’s license, paying large fines and increases in insurance premiums, community service, alcohol programs, and even jail.

No one wants another child to die as the result of a drunken driver. But one has to wonder if DUI laws are too tough now.

By: J. T. Lawrence

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Baby Furniture

Have you recently spent the night in the drunk tank because you were driving when you should not have been? Do you think that you have a chance of getting out of your DUI? There are many people that know how to beat a DUI if they have already been through it, but the problem is that most do not know where to find information to help them. Here are some common mistake people make when trying to get out of a drunk driving charge.

1. No Lawyer

There is a huge problem with going to court without a lawyer. The first problem is that if you get a lawyer they will know the judge and the prosecutor and if they are friends this could make your life easier. Even if they just have a mutual respect for each other it can help you out quite a bit. Plus a lawyer will allow you to get the minimum penalty because they can negotiate on your behalf and tell you how to act in court.

2. The wrong Lawyer

The second problem when people try to beat the DUI is that they hire the wrong lawyer. Just about every community, city, and town has that one specific lawyer that is known for getting people out of DUIs. I cannot exactly explain how they do it, but they are out there and it is their specialty. You need to find this lawyer and have him or her by your side so that you have the best shot of getting out of your drunk driving offense.

3. No research

The last mistake that people make is they do not get on the internet and get all the information that they need and that is available for them. There is an absolute ton of information on DUIs and how to beat them if you look. You may have to pay for some of the information, but would you rather pay $50 now or over $2,000 in court costs, lawyer fees, and so on for your DUI?

By: Tom Macinaw

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Face Cream

Drinking and driving is a good way to get in serious trouble. The law is set up to nail people who drink and drive to the wall. Two of the common charges are DUI and DWI, but many people do not understand the difference between them. Let’s take a look at both.

DUI

DUI stands for driving under the influence. The “influence” is usually assumed to be alcohol, but it can be legal and illegal narcotics. The classic charge, however, is for alcohol and is determined by using the infamous BAC level. BAC refers to blood alcohol level. The standard in every state is now .08 percent of BAC. If you are found to have this or a higher level of blood alcohol in your system, you are considered to be driving under the influence per se. This effectively shifts the burden to you to prove that you were not driving drunk.

DWI

DWI stands for driving while impaired. As with a DUI, the impairing substance is commonly assumed to be alcohol, but it can be other substances as well. The DWI charge, however, is not tied into any measurement of the blood in your body. It is more of a subjective determination made by the arresting officers. The issue is whether you have consumed something that is impairing your ability to drive a vehicle. The exact standard differs from state to state.

Of the two charges, the DWI is by far the easier one to contend. The subjective nature of the charge makes it easier to challenge, particularly if there were independent witnesses to the event. A DUI, in contrast, is more of an objective measurement. If you “blow” a .10, you are going to have a difficult time creating reasonable doubt that the measurement is correct. Making things far worse, the DUI switches the burden of proof to the defendant to prove innocence in many ways since you are assumed to be impaired per se given your BAC. Regardless, a good attorney is needed in each situation.

Even a minor drunk driving arrest is going to cost you thousands of dollars in attorney’s fees. It simply isn’t worth it. Don’t drink and drive. Paying $20 for a cab is much better than paying $7,500 for a good attorney.

By: Dirk Gibson

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Divorce Lawyers