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:

Two states passed new DUI laws (Utah and New Mexico) New DUI laws went into effect in two other states (Illinois and South Caroilna) Eight states are currently debating changes to their existing DUI laws (Oregon, Rhode Island, Kentucky, Kansas, Wyoming, Louisiana, Maryland, West Virginia)

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:

Erratic driving, such as swerving in and out of lanes Failure to stop at a stop sign or red light Illegal turn Driving with headlights off Stopping in the road for no reason

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:

Jail time Fines Driver’s license suspension

Some states DUI punishments may also include:

Ignition interlock device use Community service Alcohol rehabilitation program Vehicle seizure

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.

By: Patrick Johnson

About the Author:

Mesothelioma Lawsuit

In recent times, the number of road accidents involving drivers driving under the influence of alcohol has been rising at an alarming rate in Minnesota. This twelfth largest state of the United States of America has had to take a fresh look at the MN DUI and MN DWI laws.

As per Minnesota DWI laws, driving while intoxicated is a criminal offence, and punishable according to the law. During a statistical survey, it was observed that most of the crashes occurred on weekends and late during the night. What was even more alarming was the fact that a majority of these accidents were caused due to drivers, who were driving under the influence of alcohol.

MN DUI and MN DWI norms have become stricter off late and legal officials are becoming more stringent regarding checks and tests of automobile drivers. It is essential that drivers, both young and old, are careful and do not drive under the influence of alcohol.

Minnesota DUI regulations also state that any person below the age of 21 years, found driving with a blood alcohol count (BAC) of 0.01% or higher will be subject to have their license suspended. A higher BAC level could lead to imprisonment.

If convicted under MN DUI or MN DWI norms, there could be monetary fines of amounts varying from $1,000 to $14,000. In cases of more serious misdemeanors, there could be imprisonment of upto four years.

Although there are cases where persons arrested under MN DUI and MN DWI charges have gotten away with only mild reprimand, it is highly advisable to enroll such persons in treatment centers that assist with chemical and alcohol dependency.

Various non-governmental and community based organizations are active in this field, and assist people with alcoholism. These organizations have trained professionals and workers who enlighten people and make them aware of the dangers of driving while under the influence of alcohol.

With over 5,220,393 people living in Minnesota, the state is the twenty first most populated state in the United States of America. It is essential that Minnesota DWI and Minnesota DUI are followed properly and judiciously.

In case anyone needs information regarding MN DUI and MN DWI norms and regulations, there are various law firms and attorneys, who are equipped to give out the relevant feedback and also educate people, particularly young drivers, regarding the evils of driving under the influence of alcohol.

By: Pooja Rai

About the Author:

Sewing

Do not be fooled:

Law Enforcement Officers, Prosecutors and Judges are not looking out for your best interests when you are charged with Driving Under the Influence (DUI). These people are under tremendous pressure from their superiors to make more arrests, get more convictions and hand out stiffer sentences. An offense that may have been overlooked a few years ago may be zealously prosecuted in today’s world. Any time you, a friend or a loved one is charged with DUI, you must take it very seriously!

When you are charged with DUI, or convicted, you are at risk for any or even all of these outcomes:

1. Jail time

2. Criminal record

3. Loss of driver’s license

4. Possible loss of your job

5. Large fines

6. Increased insurance rates

7. Required dependency treatment

8. Points against your drivers license

9. Drivers license surcharges

10. Other punishments that result from a DUI charge or conviction

Pennsylvania DUI Penalties

Implied Consent Laws: Laws demand drivers assumed of driving under the influence to concede to breath, blood, or urine testing for alcohol content are known as “implied consent laws.” Rebuttal carries penalties that can include mandatory suspension of a driving license for up to a year.

Blood-Alcohol Concentration: In Pennsylvania, any driver with a blood-alcohol absorption - or BAC - above .08 percent is measured “per se intoxicated” under the law. Under this statute, this evidence is all that is required for a driver to be convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).

Zero Tolerance Blood-Alcohol Concentration: In all states, “zero tolerance laws” focal point on drivers not of legal drinking age. In Pennsylvania, persons under the age of 21 operating a car with a .02 percent blood-alcohol level or higher than are subject to DUI penalties.

Enhanced Penalty Blood-Alcohol Concentration: In some states there is a more severe punishment for those convicted of DUI with a for the most part high blood-alcohol content at the point in time of arrest; this is commonly .15 to .20 percent above the legal limit. Enhanced penalty laws are not utilized in Pennsylvania.

Administrative License Suspension/Revocation Penalties: These penalties are minimum mandatory penalties obligatory on drivers with a blood-alcohol concentration above Pennsylvania’s maximum tolerable level of .08 percent or drivers subject to the implied consent laws (see above) for refusing to submit to breath, blood, or urine testing for blood-alcohol content. Penalties involve suspension or revocation (meaning transitory or permanent removal) of the driver’s license by the DMV (Department of Motor Vehicles). In Pennsylvania, for the foremost DUI offense the mandatory suspension is 90 days; for the second offense, one year; for the third offense, three years.

Vehicle Confiscation: The penalty of vehicle confiscation for DUI conviction – either everlastingly or temporarily - is a risk in some states, typically for repeat offenders. This is not a penalty option in Pennsylvania.

Ignition Interlock: An ignition interlock device attaches to the condemned DUI offender’s motor vehicle and requires the driver to complete a breath-test before the vehicle will start. While this penalty for DUI conviction is a option in some states, this is not an option in Pennsylvania.

Mandatory Alcohol Education and Assessment/Treatment: Alcohol tutoring and prevention program, treatment for alcohol abuse, and judgment of a person for possible alcohol or drug craving can be required for DUI offenders in Pennsylvania. These steps are often recommended instead of serving a sentence of incarceration or paying fines.

By: andy taylor

About the Author:

Baby Clothing

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.

Maryland DUI Charges

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.

Driving While Impaired

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

Driving Under the Influence

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

Driving Under the Influence of a Controlled or Dangerous Substance

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.

Keeping your License and Dealing with Insurance Issues

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 driver’s 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 you’ve 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.

By: Patricia Woloch

About the Author:

Television for Children

There were almost 200,000 people arrested for DUI in California alone last year. Out of those numbers there were just over 180,000 were misdemeanor offenses and a large portion of those cases were overturned by DUI lawyers.

DUI is an acronym that stands for ‘Driving Under the Influence’. A person is guilty of a DUI if they decide to operate a motor vehicle after the consumption of alcoholic beverages or any chemical or controlled substances. In California, there are a wide variety of laws that involve intoxicated individuals. California has some of the most severe penalties for driving under the influence in all of the United States.

The two major factors in deciding the penalty for a drunken driving offense in California depends on how much alcohol was in your system and whether or not you are a repeat offender. If it is your first DUI offense, then you will most likely avoid jail time, however most counties in California will provide you with an alternative such as trash pick up. If this is your second arrest with a ten year period, then the chances of you going to jail are much higher.

In California you cannot drive a motor vehicle if your BAC (Blood Alcohol Concentration) is over .08%. After you’ve been pulled over, the officer will administer a test giving you the choice of blood, breath or urine. Breath tests are the most common, and the device used to measure your BAC with your breath is called a breathalyzer.

Many times people don’t know when ‘enough is enough’ while they’ve been drinking. Because of this, getting behind the wheel puts them in even greater jeopardy. Generally, a good rule of thumb is to limit your alcohol intake to only one drink an hour. After you’ve consumed an alcoholic drink, follow that with a full glass of water. This will help reduce your BAC and keep you under the legal limit.

If you have been arrested for a DUI offense in California it is very important that you contact an experienced DUI lawyer today. An experienced DUI lawyer will stand up for your rights and help you fight your case.

By: Tim Penn

About the Author:

Bedding Sets

Police are sneaking samples of your breath to detect DUI

According to a law firm of San Diego DUI Lawyers and Drunk Driving Attorneys, there’s a hidden breath testing device being used on unsuspecting drivers who are being involuntarily tested for DUI. That’s right. This is no gimmick or urban wives’ tale, it’s a little known fact that Police Officers across the country are using covert and cleverly hidden Passive Alcohol Sensory Devices, also known as PAS, that are disguised in flash lights, pen caddies, and ticket book holders.

In an attempt to detect drunk drivers, or make a DUI arrest on a minor driver under age 21 who needs only a .01% BAC to be above the legal limit, the officer will wave the flashlight or object within 10 inches the driver’s face and mouth to capture a sneaky electronic whiff of their breath. They will then peek at the hidden breath test device to read the results, which typically provides either a positive or negative reading as to the presence of alcohol.

Grants & Donations are a source of Hidden Breath Testers

MADD, an acronym for Mothers Against Drunk Driving, is a well known and influential political activist group persistent and vocal in lobbying for stricter DUI laws, increased enforcement, and more severe punishment for drunk drivers. MADD strongly supports and encourages the use of Passive Alcohol Sensors, and through grants, has provided PAS devices in bulk to several police agencies that lacked the funding to purchase the equipment.

Manufacturer and Distributor of Covert Breath Samplers

PAS International is one of half a dozen manufacturers and/or distributors of covert breathalyzers. PAS markets the “PAS IV Sniffer” flashlight at a retail price of $799, and a “PAS Clipmate” Model ticket book model for $449 each. Their website caters the to law enforcement market.

Passive DUI Sniffing is Sneaky

The passive hidden alcohol sensor defies the rule and belief that preliminary alcohol screening tests administered via a portable device are voluntary for adults. Obviously, secret samples obtained from these devices are not dependent on your consent or voluntary participation.

SanDiegoDWI.com is a comprehensive DUI Defense advocacy website providing public service information presented on behalf of San Diego DUI Lawyer G. Cole Casey.

By: J. Stafford

About the Author:

Soap Operas

Last night an actor leaving a party in conjunction with the network their TV show is aired on got pulled over after he left and he was popped with a DUI. He was already on probation for 5 years and now this. As it is very unfortunate for him as he may be facing jail time now, it can also be used as a good example of how we all can prevent similar things from happening. It is very easy to simply leave a party in good spirits, but it requires a lot of discipline to actually find a better way to get around the problems surrounding driving while under the influence. DUIs are nothing uncommon here in Los Angeles. In fact, most of the people I know have had some sort of problem with it or know someone close who has. Why do people do such dangerous things? We all would like to answer that. But, first and foremost, isn’t that what we should be asking ourselves? Are we attracting this behavior? Are the people around us attracting this?

According to the law of attraction the answer to whether or not the suspected DUI arrest is attracting this to them self would be yes. Like attracts like. Ever heard the phrase ‘birds of a feather…flock together’? That principle alone can be quite detrimental to one’s own life experience. In my industry I see things daily at work and while not working. It seems that the entertainment business is the only business where people actually get ahead by doing the wrong things. This causes quite a stir, obviously, in most people’s lives who surround themselves with these sorts of people. I am around these people daily and this is why I write. Every day people are surrounded by energy that would be deemed as negative by most people. But, why does it not affect everyone around them? Again, like attracts like. People who are thinking negative thoughts attract negative things similar to what they are putting out there in the Universe.

In my belief, if a person wants to avoid such things as dangerous situations, such as those after a party and needing to head home, then one must surround themselves with the kinds of people who prevent these things from happening in the first place. This is quite obvious, yet, so undervalued in many cases. I see many good people getting into really bad situations simply because they are around the wrong types of people. One case I will mention that involves Driving Under the Influence (DUI) charges is where a group of friends all had DUIs except for one of them. This guy was usually the driver, only not by choice. He developed their mindset and soon got a DUI of his own! Even though he was very careful about these things, he achieved the new ever-popular status as a drunk driver. This was obviously because of what he had attracted to himself as from m understanding it was a fluke of an occurrence where his intoxication was simply stumbled upon by LAPD by chance.

When you go to a party, or even better, are planning to attend a party, try to surround yourself with like-minded people who are advocates of DUI prevention. Even though, it can be very hard sometimes to find a ‘designated driver’ and taxi rates can be quite expensive sometimes, we all need to take mental and physical precautions when it comes to partying not just in L.A. but anywhere in the world. When I go out to gatherings on the town, I usually set up a taxi ride in the form of a carpool. We simply get an L.A. Town car service (their number is on my speed dial) so it doesn’t look like a taxi cab, but is just about the same price. Every day I drive around town and see people getting pulled over and ‘road-tested’ and I want to see every one of you getting home safely and full of high spirits after a great night out in a lot of good company.

By: S. Michael Windsor

About the Author:

Compuer Phone Calls

There’s a growing epidemic these days with the justice system and its jails. To put it simply — jail and prison space is in limited supply, especially in heavy populated states like California. Because of this space problem, DUI busts for first timers and even repeat offenders are often punished using methods other than cell time. This will be a small brief that will cover a few of the methods in the California penal system that is used by many counties as an alternate to using jail.

Hard Labor

The California Dept. of Transportation, often known as Cal Trans, is often the go-to party in a California DUI sentence. Since the overcrowding of jails and the heat coming from the ACLU, more and more trash pickers are found along freeways and beaches. Many California DUI lawyers will push for an alternative to jail time using overcrowding as a leveraging argument if the jail sentence is long, but for a short jail time option, working for Cal Trans would be not as favorable since the work is pretty rigorous and jail time sentences are often reduced for non-violent offenders.

Typically a job working with them involves going out in your prison suit and spending a few weeks (depending on the judge’s criteria and mood) on the freeway picking up trash and debris. The DUI offender would be under supervision from an officer.

Rehab and Sobering Up Prevention

Sometimes California courts will trade off time spent in rehab for jail time. According to state penal code section 2900.5 it equates the two as equal given some circumstances.

In a California DUI sentence, the court will determine the time spent in rehab, but usually it’s around a month or so of program attendance. Much of its beginning programs are a “detox” system, which is a mental and physical purge of the alcohol drug and the immediate mental addiction that is associated with alcoholism. And just like rehab, the transition into a sober living environment can count as jail time too. A sober living environment is the more extensive therapy to address the underlying emotional and lifestyle forces that are attributed to addiction.

Electric Monitoring

The most common secondary punishment that can take away jail time sentencing is the ankle bracelet. It’s also becoming a recognizable tool among laymen due to celebrities toting these around their leg. Lindsey Lohan is a prime example for a DUI offender, although some may remember Martha Stuart talking openly about it on her show (although her case was for insider trading charges).

This piece of electronic gadgetry is simply a monitoring devise that allows authorities to know where the DUI offender is located and if they are obeying their California court sentenced curfew or are at authorized places (home, work and a few stores are usually the only options).

By: Art Gib

About the Author:

Workers Comp Lawyers

DUI laws are getting tougher all across the country. The blood alcohol content (BAC) limits have gone down, and the punishment rates have gone up. Getting pulled over is one thing, but it’s another when you have to get out of the car and discuss things over with the police, especially if they believe you may have been drinking. An exception to this is if you have driven into a sobriety checkpoint. These are set up as roadblocks, and are designed as devices to promote public safety. Make no mistake: driving under the influence of drugs or alcohol is a serious offense. But you do have rights if you are pulled over.

Penalties for DUI include:

• Points off your license

• Fines

• Insurance increases

• Jail time

• Probation

• Possible loss of employment

Being charged with a DUI can be potentially life changing. However, if the police want to charge you, you need to know what your rights are so you can protect them as soon as you are accused of DUI.

Your Rights

• Decline answering any questions until you speak to a lawyer

• Contact your lawyer at any time

• The right to a lawyer being present when you answer any questions

• If you cannot reach your lawyer, you have the right to decline answering any questions at all

• Decline answering any questions if you are taken into custody

• Decline to perform any field sobriety tests (alphabet test, walk the line, eye test, and more).

• Refuse to consent to a search of your car or yourself unless arrested

• May leave if you are not placed under arrest

• Must be advised that you are being placed under arrest

• Decline to give a breath test at the station until you have spoken to a lawyer

Many people have found themselves driving home from dinner or a night out, and then being arrested after having only a couple drinks. While there are definitely drunk drivers on the road who are a menace to others, many innocent people are pulled into the system by harsh DUI laws. It is up to you to know that if and when you are caught up by the authorities and possibly arrested for suspicion of DUI, you still have rights like anyone else.

By: Patricia Woloch

About the Author:

Mesothelioma Asbestos

Driving under the influence can mean driving under the influence of drugs, alcohol, or both types of substances. No matter what type of substance is used in an offense, driving under the influence can cause serious injuries and property damage. In most states, DUI (or DWI as it is called in some states) is a misdemeanor charge. But, this can change if aggravating factors are present or if you’ve had multiple convictions within a specific time period. Aggravating factors can include injuries or property damage caused by DUI accidents, having a child in the vehicle while the offense is being committed, or having a blood alcohol level that is considered extremely high. Being knowledgeable about the consequences of DUI accidents can help you to better understand DUI law and perhaps help you avoid serious criminal charges.

Bodily Injuries - In many states, special provisions exist in the DUI laws that allow judges to impose harsher penalties if you’ve caused bodily injuries as a result of a DUI accident. These bodily injuries are often serious and can include broken bones, collapsed lungs, and even paralysis in the more serious accidents. These increased penalties make it possible for you to receive longer jail terms, increased fines, longer probationary periods, longer license suspension or revocation periods, and increased requirements for insurance and alcohol treatment and evaluation. These increased penalties are in place to deter drivers from driving under the influence and keep the roads safer from DUI accidents.

Fatalities - Some states have provisions that allow prosecutors to charge drivers with vehicular manslaughter and driving under the influence if any fatalities occur as a result of an accident caused by a driver charged with DUI. Many factors can influence how a DUI offense is charged including blood alcohol concentration levels, other crimes committed during the same offense, number of prior DUI convictions, etc.

Criminal Charges - If you are arrested for DUI, you will be charged with driving under the influence. This is a criminal offense and you will need to go through a criminal trial where a prosecutor will attempt to show that you are guilty of the crime. If you are convicted, you can face a number of penalties that vary from state to state and may also be dependent upon any special circumstances regarding your case.

Administrative Penalties - When you’re arrested for driving under the influence, you’ll experience administrative penalties through your state driver licensing agency. Some states offer a hearing process that may allow you to get your license back until your trial, but this can be a difficult task to accomplish. Hiring a qualified lawyer who specializes in DUI cases may be your only chance for getting your license back if that’s even an option in your state. A skilled attorney can represent you during administrative proceedings and speak on your behalf, possibly minimizing your penalties.

Criminal Penalties - The criminal penalties for driving under the influence can vary quite a bit from one state to another. Most states can impose penalties that include jail time, fines, court costs, probation, suspension or revocation of driving privileges, ignition interlock device installation, alcohol and drug education programs, and additional insurance requirements for DUI offenders. These penalties are imposed based on many factors including prior convictions, aggravating circumstances, and other information from each individual case. Some states are stricter than others when it comes to imposing penalties for driving under the influence. A first offense in one state may get an offender some community service time, a license suspension, and mandatory participation in an alcohol education program while a first offender in another state may spend several days in jail, have a longer license suspension, and have to attend more alcohol education classes. The hashness of penalties for driving under the influence begin at the first offense and escalate if you accumulate additional convictions.

DUI Attorneys - Hiring a lawyer who specializes in DUI cases is one of the best things you can do if you have been charged with driving under the influence. You’ll have better access to the resources you need to defend yourself and you’ll also have a legal professional on your side that can help you prepare for your criminal trial. No case is ever a sure thing, but having a DUI lawyer on your side is one of the best ways to achieve a successful outcome.

By: Carson Danfield

About the Author:

SEO Services

er 9 DWI Lawyer Bob Keefer: DUI Guilt Myth

                                                                        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?

Eventually you will want to speak with a number of attorneys who might represent you. This kind of consultation is usually free. The most important thing to remember when speaking with a potential lawyer is not to be afraid to ask questions. The best and most qualified lawyers will welcome your questions and they will take it as a sign that you have done your homework. Remember that when you are interviewing an attorney, the attorney is also interviewing you to see if he or she wants to take your case. A good lawyer would rather represent a truly prepared client, a client who is committed to getting the best legal representation available.

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?”

Most attorneys work with a team. The lawyer that you might be speaking with might not actually be the person who does the bulk of the work.

• “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.

When you look for a potential defense attorney, tell him or her everything that you think is relevant, and then some. Something that you dismissed as a minor detail might make all the difference in your case. Most importantly, be honest. You have nothing to fear. Except in rare cases, if you are talking to an attorney face to face, even before he or she has decided to take your case, you already enjoy attorney-client privilege. This means that nothing you say could ever be used against you. If you ever have any doubt that your communication with the attorney is “privileged,” you should simply ask.

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.

By: Bob Keefer

About the Author:

Parenting Toddlers

Why Grandma Doesn’t Get A DUI!

By Ken P.

I have always heard that liars figure and figures lie, but when I started delving deeply into the data about women and alcoholism I found many figures that just didn’t…well…figure!

For example, when it comes to DUI’s (or DWI’s) the number of arrests never matches any data on the incidence of alcoholism among women as compared to men. The trends are certainly there; in 1977 only 8% of DUI’s were for women, and by 2007 that percentage had doubled to 15%. But that still means that there are 85 DUI arrests for men for every 15 for women in a culture whose youngest generation (the ones proven to do most of the drinking) have a higher usage rate for alcohol among females than among males! I started digging to find out how this could happen.

Here is what I found. The difference is not truly in the number of women who are stopped who could be arrested for DUI. The difference lies in factors involving the policeman making the decision about whether to arrest or not, and his personal biases!

A study by the National Highway and Safety Administration (US DOT Report H5-801-230) shows clearly the real factors involved in Officer O’malley’s decisions. Decisions like, does he put the cuffs on Grandma? How about that cute YUPPY on her way back from Happy Hour to her condo?

Here’s the first quote from the DOT study.

“The officer’s personal use of alcohol is inversely related to his level of alcohol-related enforcement. Patrolmen who drink make significantly fewer arrests than those who do not, and those who drink frequently make significantly fewer arrests than those who use alcohol only occasionally.”

This says that all of us have a better chance of “skating” when stopped drunk if the officer himself is a drinker!

The study elaborates concerning women. It points out that most officers are male, and that they tend to decide not to arrest anybody who is less aggressive, also anybody who looks, acts, sounds, and smells like their wife, mother, grandmother, sister, or the girl next door!

Looking deeper into the stone, what is the most dangerous result of women not receiving the DUI’s they clearly earn? It is this; dui’s are red flags that alcoholism is a problem. Women, because they donnot receive them, are allowed to progress deeper into the disease of alcoholism before they show up on society’s radar screen.

In future writings I will show the same denial among other professionals such as physicians, clergymen, judges and attorneys. When are we all going to stop denying and admit that our women are right now…in this generation…more often alcoholics and addicts than in any other generation? Put another way, do you really believe that the latest starlet with this problem is an exception?

If you are a man living in denial about the alcoholism and/or addiction in a woman in your life, please get help. Call Al-Anon, a support group for family members of alcoholics at 1-888-4AL-ANON or visit www.al-anon.alateen.org right now!

By: Kenneth

About the Author:

Get Mortgage

DUI laws now entail reform which will continue to sweep the nation. In the past it was a few states that took the forefront when it came to arrests and prosecutions. Some instances may have seemed onerous or even is some cases unconstitutional. Yet, despite opposition. Many of these changes in legislation are now law.

Myriad states have been under serious pressure to lower the thresholds for evidentiary prosecution and to raise the bar in regards to ramifications and punishments. Activist groups like SADD and MADD have for many years led the charge for reform and are no longer small groups with a weak cry. In fact, they are well organized and well funded. The type of resources they wield equates to political clout.

It is no secret that politicians whether incumbents or those up for first time election make DUI reform part of their political platform. This is despite opposition by civil rights groups who will argue that many of the changes border on violations of civil rights. Many of the tactics and procedures being used in the majority of the United States by police officers and sheriff departments have been characterized as being Draconian and at minimum onerous.

The opposition has achieved little traction in their efforts to dilute widespread reform as it is has become clearly politically incorrect to appear to condone drunk driving especially when so many states can tout death rates due to alcohol related accidents diminishing at an unprecedented rate. These statistics have been the impetus to quickly attract some of the states that were lagging in DUI reform.

Some states have actually initiated test programs whereby under specific circumstances if a police officer who senses a motorist may be intoxicated to the point they exceed the legal limit (in most states is .08 for Blood Alcohol Content), then the motorist is subject to immediate imprisonment if they do not agree to a field chemical test. The motorist in some scenarios is then taken to the police station whereby a round the clock rotating judge system awaits them. It could be adjudicated that a blood sample be drawn voluntarily or involuntarily.

If the above sounds over the top to you, you are by no means in the minority. Few individuals realize that the majority of states require a series of implied concessions to receive a driver’s license in their state. You have agreed to many of the procedures and potential consequences as a predicate to the issuance of your license.

These laws are sometimes referred to as a violation of the state’s per se laws. In addition, most states are now moving to what is called an actual physical control state. This means any individual, not just the driver, may be prosecuted. The law stipulates that an individual must have exclusive physical power and present ability to operate, move, park or direct whatsoever a motor vehicle.

Types of DUI laws can be complex and confusing. If a person is asleep or simply sitting in a motor vehicle they may be guilty of DUI. It is critical that you research and hire a quality DUI attorney. Do not settle for deals or vague promises of success. The cold truth is that the prosecution is not looking to find you innocent. A skilled and experienced DUI attorney is paramount in order to have a chance for a positive outcome.

By: Adam Hefner

About the Author:

Teeth Whitening

Even though a simple decision to refrain from driving when intoxicated can keep you out of DUI entanglements, a lot of people find themselves wishing they knew more about DUI laws when they are pulled over and arrested for drinking and driving.

Being arrested doesn’t necessarily mean you have to be convicted of the crime though. After all, in our justice system, every person is innocent until proven guilty. Unfortunately, you usually only have a couple days after your citation to appeal for a court hearing. If that grace period passed without an appeal, no amount of complaining will get you a trial date or prevent your license from being suspended.

If you do appeal for a hearing in time, the next step is to locate an experienced DUI lawyer. You will want a lawyer on your side not only because they are more familiar with litigation than the average person on the street, but also because they should know DUI laws inside out. And, since those laws can be confusing and different from state to state, that will be a valuable asset.

A DUI lawyer will also know the best ways to create reasonable doubt in the minds of jurors. No matter what kind of evidence is brought against you, a good lawyer should be able to find areas where your defense can be built.

For example, there are four kinds of evidence that prosecutors usually bring to the fore in DUI cases and a lawyer can combat each type of evidence. The four categories of evidence are physical appearance, driving behavior, the alcohol content in your body and your performance on sobriety tests. A DUI lawyer may point out that fatigue, allergies, or exposure to smoke were the factors that created your red-rimmed watery eyes instead of alcohol. Or he might argue that you swerved a little on the road because you were dodging an animal in the road or fiddling with the radio. He may even contend with the results of a breath or blood test by pointing to equipment and human inaccuracies that could have skewed the results.

No matter which method you lawyer chooses to build your defense, he will be a useful resource in a U.S. court. When you are looking for a good DUI lawyer, you should remember that DUI laws are called by several different names across the country. Consequently, a DWI, OUI, and an OWI lawyer is the same thing as a DUI lawyer. They just go by different names.

By: Art Gib

About the Author:

Children’s Bedroom Paint deas

Police officers hear numerous excuses from those they arrest for DUI. Often citizens feel the need to offer the officer an explanation for why they have been pulled over. This is not your job. You have probably heard the Miranda expression that “anything you say can be used against you in a court of law.” This is true and you bet that officer is going to testify to what you allegedly said. Do you really want your explanation of, “I just had 3 or 4 beers” or your post FST statement of, “I can’t even do that test sober” to be used against you? Anything you tell law enforcement is ammunition to fine you, take your license, make you attend alcohol treatment classes and lock you up. Furthermore, the officer needs to have probable cause to pull you over in the first place. If there was no probable cause to stop your car then your attorney should run a 1538.5 suppression motion to get the evidence thrown out and your case dismissed. Remember, the only reason law enforcement wants to talk to a private citizen is because they believe that you are either one of three categories: (1) a victim, (2) a suspect or (3) a witness. Odds are when they pull your car over that you are a suspect. Politely hand over your license, registration and insurance information. Don’t give them an explanation!

Los Angeles/Southern California criminal defense attorney. Former Deputy District Attorney, now dedicated to preserving your trial rights in Driving Under the Influence (DUI) cases, traffic violations and other criminal cases. I focus my practice on Criminal Law and I place a special emphasis on DUI cases. Educate yourself! Don’t let the police officer and prosecutor be the only ones who are informed! Protect, defend and fight for your rights! Contact me by email: adampostlaw@gmail.com or by phone: (310)739-4612 to discuss your case if you have been arrested for DUI, received a traffic ticket or have been charged with a crime in Los Angeles or anywhere else in Southern California. I am a member of the California DUI Lawyers Association, the California Bar, the Los Angeles County Bar Association and the American Bar Association. Go to my website: www.adamjpost.com

LEGAL DISCLAIMER: This material is for informational purposes only, and is provided as a public service. This public information is not intended to be a source of legal advice. Do not rely upon these materials for legal advice. Seek a consultation with more than one drunk driving defense lawyer on the phone or in person about the facts of your case. Every case is different and contains unique issues specific to each unique set of facts. Hire an attorney to represent you and protect your interests.

By: Adam J. Post

About the Author:

Get a Mortgage

If you’ve been arrested for drunk driving in San Diego, you’re probably wondering: What are the consequences? California DUI penalties are somewhat complex and a drunk driving conviction depends on many factors which may include:

* Any drunk driving convictions in the past

* Refusing a breathalyzer test

* DUI led to bodily injury or death

* Having a child in the car

If you are charged with a San Diego DUI, there are basically two types of criminal charges. You could be charged with 1) a DUI or 2) be charged with driving with a blood-alcohol level at or greater than .08%. There’s a chance you could be charged for both.

What happens to your driver’s license after a DUI?

Your driver’s license could be suspended anywhere from 90 days to a year for a first or second offense –taking into account your prior convictions. If this is your third or fourth offense, there’s the possibility that your license will be revoked for 3-4 years. It’s best to talk to a San Diego DUI lawyer to help save your license.

Other punishments for drunk driving in San Diego include:

* Public work service

* Time in jail

* Mandatory alcohol or drug programs

* Fines up to $1,000

Drunk driving is something you should not take lightly. The penalties are getting tougher, but think about the possibility that you could hurt or kill someone.

Don’t take this information in replace of professional help. I do highly recommend talking to an experienced San Diego DUI attorney to help you with your case.

By: Maria Palma

About the Author:

Free International Calls

Chapter 2 DWI Lawyer Bob Keefer: DUI Guilt Myth 

                                               CHAPTER 2

“WHAT ARE THE COSTS OF A DUI ARREST?”

If you have been arrested for driving under the influence, you have probably realized that the costs of a DUI arrest are great, both emotionally and financially. Emotionally, there is the shame of being arrested, of having to go to court, of dealing with the Department of Motor Vehicles (DMV), and of telling your family, maybe even your boss. The emotional and psychological costs of a DUI arrest are different for everyone, but when it comes to the money, everyone is in the same boat.

 

Even if you decide not to fight the charges against you, your finances will still take a big hit. The initial costs are the fines, penalties and surcharges. If it is required of you, it will also cost money to do the sheriff’s work program. You may also have to pay a fee to choose, within certain limits, when you serve your jail time so that it is the least disruptive to your life. There is also a program fee for enrollment in the alcohol classes and you will have to pay the DMV for reinstating your license.

 

It does not stop there. You may also have to pay for an ignition interlock device if the judge decides it is necessary. An ignition interlock device is basically a breathalyzer that is put in the steering column of your car. Unless it shows that your blood alcohol content (BAC) is below a certain level, the car will not start. Once the vehicle is running, you have to retest every fifteen minutes to one hour.

 

It also costs money when your license is taken from you when you are arrested. You will have a “temporary license,” which still permits you to legally drive a motor vehicle. Then there is a “hard suspension” when you cannot legally drive. If you are like most people, you will probably still need to get around, whether it is to and from work, your children’s school, the grocery store, and so on.

You will not have to pay for gas, but public transportation is rarely free. If your license is ultimately suspended by the DMV, you can apply for a temporary drivers license, but there are fees to pay there too. If you continue to drive while your license is suspended, you will incur additional criminal charges and all the costs involved.

Another cost will be your insurance rates. After the DMV suspends your license, you will need to have a certain kind of insurance for three years before you can get your license back. If you can find an insurance company that provides it—not all do—this type of insurance is usually more expensive, as you would probably guess. Because this kind of insurance is a tell tale sign of a DUI, some insurance companies will refuse to insure you in the future.

www.BobKeeferLaw.com

 

 

By: Bob Keefer

About the Author:

Webhosting for SEO

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.

By: George Kline

About the Author:

When it comes to drunk driving, DUI attorneys have their own vocabulary and oftentimes these terms are misunderstood. It’s important to understand DUI (Driving Under the Influence)/DWI (Driving While Intoxicated) lingo and below is a list of the most common words:

Administrative License Revocation - this is known as a driver’s license suspension. It is administered by a state agency like the DMV (Department of Motor Vehicles).

Arraignment - this is a situation when the DUI offender is told the charges against him/her and is given the opportunity to enter a plea

BAC - Otherwise known as “Blood Alcohol Content”, the amount of alcohol in a person’s body

BAL - Otherwise known as “Blood Alcohol Level” or “Breath Alcohol Level”; Some states allow convictions based on a BAL versus having to convert to blood alcohol level, although blood alcohol tests are more accurate

Breathalyzer - A portable instrument used by law enforcement to measure the BAC (blood alcohol content) of a person who has been suspected of driving under the influence of alcohol

Burn Off - In regards to drinking and driving, this is the body’s ability to metabolize alcohol. How fast alcohol “burns off” and exits the body varies from person to person.

Chemical Test - this is a type of DUI test that determines the concentration of alcohol in a person’s blood

Enhancements - The circumstances in a drunk driving case that could increase the penalties of the DUI offender. Some of these circumstances may include, but are not limited to: driving under the influence with a minor in the vehicle, causing injury or death to another person, or previous DUI convictions

Extrapolation - This is a method of determining blood alcohol level by taking into account the driver’s weight, how old they are, how much alcohol was consumed over a given period of time, and when the driver had their last alcoholic drink.

Felony Drunk Driving - Most of the time drunk driving is treated as a misdemeanor case. However, in some cases like when a person is killed or the driver has had many prior convictions, it is viewed as a felony drunk driving case. The consequence could be a harsher sentence for the defendant.

Ignition Interlock - An instrument that is installed in an automobile which checks the driver’s blood alcohol level. The driver breathes into this instrument and if it detects alcohol above a certain amount, the automobile will not move or start.

Per Se Laws - laws that concede someone is guilty of drunk driving if his/her blood alcohol level is above the legal limit. For most states the legal limit is .08%.

Wet Reckless - A plea in a DUI case that could possibly result in a reduced charge, a lower fine, and no record for a DUI conviction. If the defendant is just over the BAC legal limit, there was no accident or damage caused, or doesn’t have any prior convictions, it is possible to enter a wet reckless plea.

Zero Tolerance - This is the allowable blood alcohol content (BAC) for minors.

By: Maria Palma

About the Author:

Children’s Furniture

DUI (driving under the influence), DWI (driving while intoxicated), OWI (operating while intoxicated) all refer to the offense of drunk driving — a dangerous trend that takes lives, invites stiff fines, punishment and penalties. An officer can charge you under the DUI laws if you violate traffic rules. The violations may range weaving, swerving, and drifting to braking erratically.

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

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

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

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

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

By: andy taylor

About the Author:

Multi-IP Hosting for SEO