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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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Chapter 10 DWI Lawyer Bob Keefer: DUI Guilt Myth

 

                                                           CHAPTER 10

 

“MY CASE IS GOING TO TRIAL—HOW DO I PREPARE? “

 

You do not have to know everything about the trial process and how to argue your case—that is what an attorney is for. This chapter is simply meant to help you understand the basics of what the trial process looks like and the kinds of arguments that work in your favor.

 

Arraignment

 

The process begins with an arraignment, which will be the first time you appear in court. At your arraignment you will receive a copy of the police report and the District Attorney’s charges against you. Your lawyer will enter a plea of not guilty for you, and then dates are set for motions, pre-trial conference and trial.

Pretrial Motions

After your arraignment, the process of arguing your case will begin. After your attorney has thoroughly reviewed the facts, the next step is to file pretrial motions. A motion is a document that your attorney files on your behalf asking the Court (i.e. the judge) for a certain action. There are several different types of motions, each with a different goal. But filing successful motions, no matter what the specific type, will help you and your attorney to shape the trial process in a way that benefits your case.

• Motion to SuppressWhen the prosecutors begin preparing their case against you, they start by collecting all the evidence that supports their claim that you were breaking the law. However, just because they have collected it and want to present it at trial does not mean that it is automatically admissible. There are strict legal requirements that determine whether a piece of evidence can be presented at trial. An important part of making your case is arguing that the evidence that the prosecutors want to present at trial does not meet these requirements and therefore cannot be used against you.

A motion to suppress asks the court to “suppress” or exclude certain evidence from a trial because it was obtained improperly or illegally by the police officer. For example, a motion to suppress might argue that the officer did not have probable cause to pull you over. This motion would need to argue that the officer’s belief that you were committing a crime was not “reasonable.” This means that the officer’s justification for pulling you over must be something he actually saw. An anonymous tip, for example, would not be enough. If this motion were successful, all evidence that was made possible by pulling you over (which is nearly everything) might also be suppressed.

 

A motion to suppress might also question the results of the BAC tests that you took at the police station. Recall the discussion in chapter 6 about the various factors that can make the tests unreliable. Any of these reasons might be used as a basis to argue that the test results should be suppressed.

 

•Discovery Motion

 

This type of motion asks the prosecutor to release additional evidence. Discovery is based on the idea that the defense is entitled to all the information that will be used by prosecutors in their attempt to convict. Most of the time the prosecution will simply give your lawyer the evidence, making a discovery motion unnecessary.

There is an informal discovery process that happens between the prosecution and the defense, without the judge getting involved. Each side provides the other with a list of the information that they would like to be given. The kinds of evidence that your attorney will receive in this informal discovery process include things like the names and addresses of prosecution witnesses, statements made by you, relevant evidence seized or obtained as part of the investigation, results of scientific tests, and all written or recorded statements of witnesses whom the prosecutor intends to call at a prospective trial.

However, if either side refuses to provide a piece of evidence that the other side requested, then a formal discovery process begins. This process requires filing motions so that the judge can decide whether to order that the prosecution give your lawyer the evidence you want.

 

• Motion to strike prior DUI convictions.

 

This motion asks the Court to make it so that any prior DUI convictions from the last ten years are not taken into account when deciding a sentence. As you might expect, the penalty goes up with each additional DUI you get.

 

However, there must be a reason to file the motion. Something must have happened that led you to and your attorney to believe that the officer’s past conduct should be called into question. The motion must provide a specific fact so the judge can decide if there is sufficient reason to look into the officer’s past.

 

The more of these motions that are successful—suppression, discovery, strike prior DUI convictions, pitches—the more likely the case against you will simply be dismissed without a trial. If not, your case proceeds to a pre-trial conference.

Pretrial conference

A pre-trial conference is an opportunity for the prosecutor and your attorney to discuss various options to resolve your case without a trial. The district attorney will offer a plea deal that you will consider with your attorney. If you choose to take the district attorney’s offer, or to have your attorney counter with an offer of your own, your case may be resolved at this stage. If not, then you are set to go on to a jury trial.

Trial

The U. S. Constitution guarantees each criminal defendant the right to a speedy and public trial. Because of busy trial calendars in many courthouses, the right to a speedy trial has been given specific guidelines, which vary from State to State. These guidelines set time limits on how long you have to wait before your trial. If you are still in custody, you probably will not have to wait as long as you would if you were released on you own recognizance. If your lawyer needs more time to build your case, do an investigation or file motions, he or she can request that these time limits be extended. However, this decision to delay the trial is ultimately up to you: only you can waive your right to a speedy trial.

 

The jury trial is a hearing in which all of the evidence is presented to 7 for a misdemeanor or 12 jurors for a felony, with the judge presiding. The trial will have witnesses from both sides, including the officer or officers who observed you from the time you were stopped until you were released from jail, as well as expert witnesses who will testify regarding the tests that were taken at the police station. You may also testify if you and your lawyer decide it is a good idea, and you may also call other people, such as passengers, who will testify on your behalf.

The process of selecting 7 or 12 jurors from a large pool of potential jurors is called “voir dire.” Both sides—your lawyer and the district attorney—want to choose jurors who will be most sympathetic to their case. In voir dire, both sides are allowed to ask questions of potential jurors and each side is allowed to “challenge,” or reject, a certain number of potential jurors without having to provide a reason. The idea behind the process is that, if both sides are allowed to challenge potential jurors that they believe are biased against them, the jury will be fairly balanced when all is said and done.

Once the jury is selected, the trial will officially begin with each side offering opening statements. The opening statement that your lawyer makes to the jury provides an overview of your version of what happened. It is a story that your lawyer will attempt to persuade the jury of by providing evidence, questioning witnesses and poking holes in the prosecution’s version of events. But before your attorney can present your case fully, the prosecutors must present theirs. In a jury trial, the prosecution always presents its case first. In a certain way, this works in your favor because the jurors—like the rest of us—are more liable to remember what they heard last. Finally, once all the evidence has been presented and all the witnesses have testified, both sides will present closing arguments. The jury will then be given its instructions as to how to weigh the evidence presented to them, after which they will begin deliberation. Once the jury finishes deliberating, all that is left is for them to present their verdict.

Expert Witness Testimony

At some point during the trial your lawyer will probably decide to call an “expert” to testify. Experts can be called to testify about the chemical tests, field sobriety tests, accident reconstruction, and other scientific aspects of your case.

 

Chemical Tests: Experts can discuss flaws with breath, blood and urinalysis tests. For example, the breath machine was not properly calibrated or fermentation occurred in the blood and a higher alcohol reading resulted.

Field Sobriety Tests: Field sobriety tests are not considered “scientific,” but the results can work in your favor if your lawyer calls an expert witness to testify on your behalf. If you performed reasonably well on the field sobriety test—displaying good balance, coordination, attention and reasoning—the expert can use your performance on the field sobriety test to support the opinion that you were not under the influence at the time of driving. If you showed signs of physical impairment but not mental impairment, the expert will testify that, because alcohol always affects your mind before your body, the physical impairment was probably due to something other than alcohol.

 

Alcohol Level at Time of Driving vs. at Time of Testing: The use of BAC tests at trial is based on the assumption that, if a person was impaired at the time of the test, they must have been impaired at the time of driving. In other words, the assumption is that the BAC falls as time passes. Experts can be called to rebut this assumption in certain cases. Under certain circumstances the BAC could actually be rising, which means it is higher at the time of the test than when driving. Since this is an extremely technical area, an expert is essential to explain it to the jury and raise reasonable doubt as to whether the person was over the legal limit at the time of driving.

 

Accident Reconstruction: If there was an accident before the arrest, an expert in the field of accident reconstruction may be used to reconstruct the events of the accident based on facts in the case. The accident reconstruction expert can testify regarding the mechanics of the accident, and give his or her opinion regarding whether or not the accident was the fault of the impaired driver, the other party, or would have been unavoidable regardless of impairment.

www.BobKeeferLaw.com

 

By: Bob Keefer

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When it comes to auto insurance premiums, we all have some control over how rates can affect us. You have the opportunity to assume more of the risk with higher deductibles, just carrying liability coverage on older cars, getting discounts for not receiving speeding tickets, in general just being an overall good driver.

However, for some avoiding such incidences seem to be difficult so if this applies to you don’t freight, there is still hope for obtaining insurance.

With all the things that can effect your insurance premium getting a DUI has got to be one of the toughest things that can follow you for a long time. We’re talking several years to come. This is because you’re now classified as a “high Risk” driver. That puts you into a whole new category.

So to the question of how long does a DUI affect your auto insurance rate? For approximately 3 years per incident. Unfortunately being classified as a high risk driver you now bare the mandatory requirement that you carry what’s referred to as an SR22 insurance policy for 3 years.

Do you know what an SR22 insurance policy is? Well if you don’t know, it’s a policy reserved for DUI drivers when they get their drivers license back. This is the highest risk policy an auto insurance company can cover on an individual. Be careful to watch for notifications from your current insurance carrier because some major carriers will drop you as a customer after a DUI conviction once placed on your driving record. This is part because some carrier won’t insure “High Risk” policies to drivers with that status.

However, you still need auto insurance coverage right? And you still can but at about 2-3x the regular rate for high risk or DUI insurance coverage. Typically in the auto insurance industry to may need to seek out smaller companies for that kind of insurance. You can still get an affordable rate though; you just may have to do more shopping around to compare rates and services than most.

Unfortunately, when it comes to the regulating these high risk SR22 insurance policies there really are none in place for what insurance carriers can charge for DUI Insurance. So you’re practically at their mercy. Companies still want your business and you can find coverage if you get dropped from your current carrier. Even if you didn’t get dropped, expect your premium to drastically increase. Just take the opportunity to compare the rate.

Find yourself the best deals on high risk auto insurance by comparison shopping from quality agents in your area. You can also ask your carrier for assistance for DUI Laws in your area as well as DUI Lawyers or just research and locate ones on your own. Just get reliable information to protect yourself. That doesn’t cost you anything but time and you never know you just might find a lower rate. Just don’t drink and drive and you can avoid all of this matter?

By: Laura Buckley

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The possibility of being arrested for drunk driving is something people don’t give much thought to when they go out to have a few drinks.  Many people have a couple drinks and next thing you know they’re being pulled over for driving under the influence.  Unfortunately, most people who are arrested for drunk driving don’t take it seriously enough.

What people don’t realize is that alcohol affects them considerably.  Yes, even one or two drinks can mess with your ability to concentrate on the road.  The consequences of what may seem like a harmless couple of drinks could be devastating at worst. 

If you’ve been arrested for drunk driving, don’t make the mistake of viewing your arrest as a minor offense.  In fact, a DUI is a traffic violation that should be taken seriously.  The one thing you don’t want to do is to try and defend your DUI case on your own.  There are many factors involved in a DUI case that only an experienced lawyer is knowledgeable about including updated laws and procedures.  Besides, an experienced lawyer is highly resourceful and knows that aspects of your case would require further investigation. 

If you are charged and convicted for drunk driving, you’re looking at the possibility of a jail sentence, high fines and penalties, driver’s license suspension or revocation, mandatory DUI classes or rehabilitation, and insurance cancellation or increase.  If you hire a DUI defense lawyer to help you with your case, he/she can help you save your license and even get your sentence reduced.

By: Maria Palma

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When you think of Nevada you most likely think of Las Vegas, and when you think of Las Vegas, certain things always come to mind: the blur of the neon lights, the monstrous scale of the strip, and the cacophonous, smoke filled casino’s where day is night and night is day and the alcohol is free for anyone who gambles long enough. Las Vegas may be just one of many Nevada cities, but the people who come to play and stay in Las Vegas may be at a higher risk for DUI than people visiting, say, the Hoover Dam.

With more than enough out of state tourists, Nevada uses harsh DUI laws to crack down on anyone caught drinking and driving within its borders. Although many states’ DUI laws are very similar, Nevada breaks the mold when it comes to blood alcohol testing, using harsh laws to ensure that a person arrested for possible DUI is always given a test to determine what his blood alcohol level was at the time of arrest.

Few Tips:

1. If I am stopped by a police officer, I have the right to consult with a lawyer to determine whether to answer his questions, or to decide whether submit to a blood or breath test.

Your constitutional right to speak with an attorney doesn’t allow you to consult with one before deciding whether to remain silent, or before deciding whether to submit to an evidentiary test of your blood or breath. It is only after you answer the officer’s question, and after you submit to the testing, that you can call a lawyer to determine what you should have done.

TIP: Although you are generally expected to answer a police officer’s legitimate “identity” type questions, you should not admit to having consumed any alcohol or any controlled substances. By doing so, especially with the controlled substances, you may be admitting to a felony. When in doubt, don’t talk. You should only agree to take tests that are required by law. Don’t volunteer to take any tests that are not required. Ask if the test is required.

2. I have the right to refuse a test of my blood or breath, even if the officer tells me to submit to one.

Years ago, it was possible to refuse to submit to a blood or breath test, without very much fallout. Today, however, should you refuse to submit to a “preliminary” test of your breath, the officer is permitted to arrest you, if he has “reasonable grounds” to do so, and to force you to take an evidentiary test of your blood or breath. If you are asked to submit to an “evidentiary” test of your breath or blood, and you refuse, the officer can use reasonable force to compel you to take the test.

TIP: Cooperate, but don’t volunteer to take tests. Your refusal to take a test may result in your being charged with an additional charge of obstructing or resisting an officer. Be polite, and if told that you have to submit to a test, then submit to it and fight about it later, in court.

3. If I am stopped and arrested for Driving Under the Influence, I am as good as convicted.

Despite the attitude of many courts and prosecutors, there are defenses to the crime which should be raised by you. Sadly, there are law enforcement officers who are not above coloring the truth and are willing to do so. Also, many officers who investigate DUI cases are not qualified to administer the sobriety tests, and they make serious mistakes in so doing. Remember this: If you plead guilty, you have a 100% chance of being found guilty. If, however, you are willing to fight for your rights, and to contest the prosecution’s case, you will have the best chance of a satisfactory outcome.

TIP: Pleading Not Guilty at the Arraignment does not mean that you cannot change your mind later. For this reason, do not plead guilty until you are satisfied that nothing can be done to improve your legal position. Your attorney will know how to advise you.

4. I can defend myself effectively in this kind of case, if I just let the judge know the facts.

If you have a headache, it is perfectly acceptable to take an aspirin or two. Similarly, a small cut on your may heal perfectly well without your doing anything to remedy it. If your appendix bursts, however, you need to consult an expert, and no one would suggest that you should personally attempt to remove that appendix. If you are arrested for Driving Under the Influence, you need professional help to get past the many pitfalls and adverse consequences. You need a competent lawyer, one who is experienced in the defense of Driving Under the Influence cases, and who is well versed on the law and facts regarding these offenses. Your investment in such representation is essential.

TIP: Hire the best attorney you can afford, one with depth of knowledge and experience in defending other drinking drivers.

By: andy taylor

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Those who’ve been charged with driving while intoxicated know that the immediate aftermath can be chaotic and confusing. The need for proper legal representation is, of course, a priority, but often times the search for a qualified Arizona DUI attorney can only add to what is already a stressful situation. Knowing what to look for in an Arizona DUI lawyer is a matter of doing your due diligence. You want to take the necessary time to find a DUI lawyer with whom you feel comfortable and have confidence in. The Law Offices of Craig W. Penrod, P.C., reminds you to get your ducks in a row and protect your rights in the process by following these helpful tips.

Educate yourself. Before you set about interviewing lawyers, learn all you can about DUI law in your state. By preparing yourself as to the legal process, you’ll be in a better position to interview attorneys and find the one that’s right for you. And you should interview several. Not all DUI attorneys are created equal, and some may have agendas that will hurt your ability to defend yourself. Take your time to find the right advocate for your cause.

Don’t rely on your memory. In some instances if a case proceeds to trail, it can take anywhere from six months to a year or more before the trial actually takes place. That leaves plenty of opportunity for your memory to fail you, so write down everything you remember from the night in question. The smallest details may become vitally important later on, so don’t leave anything out. And that includes witnesses. Was there somebody in the car with you? How about an employee at the bar?  Make sure your attorney is informed of all details.  A qualified attorney will want to make sure that all witnesses have been interviews and disclosed prior to the time of trial.

Consider outside Factors. There are outside factors that can make a person appear to be driving erratically or to be intoxicated when in fact they aren’t. A number of medical conditions or medications can have this effect, as well as vehicular defects.  If you suspect that something is wrong with your vehicle have it checked out.  And if you have a medical condition or are on medication have it documented by a physician.  Again, make sure your attorney is informed of all details.

If you’ve been charged with DUI, doing your due diligence can only benefit your cause. Do your homework, document everything, and find a qualified and experienced DUI lawyer to be your advocate during this stressful time.

By: Craig Penrod

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er 11 DWI Lawyer Bob Keefer: DUI Guilt Myth

 CHAPTER 11

“THE GUILT MYTH”—”PROOF” IN THE DUI TRIAL

At trial, one of the most important pieces of evidence against you is the chemical test that you took at the police station. But consider for a moment that when a suspect takes a chemical test at the police station, the only thing the test actually proves—leaving aside the myriad ways in which these tests can go wrong—is that the suspect is drunk at the police station. And it is safe to say that there are no laws on the books that make it illegal to be drunk at a police station.

So how can you tell that the person was above the legal limit an hour or two before taking the test? The answer is a process called “retrograde extrapolation,” which means estimating what a suspect’s blood alcohol level (BAC) was based on what it is two hours later, given how fast the average person metabolizes alcohol. For most people, their BAC falls over time as the body breaks down the alcohol.

But what if your metabolism is different from the “average person”? Studies have shown that it is relatively common for a person’s metabolism to vary substantially from the norm. And it is not as though we needed a study to tell us this. Every one of us has a friend who can eat twice what we can and still stay thin, or a friend who eats half what we do but is somehow our same size.

Not only does “retrograde extrapolation” assume that everyone’s metabolism is the same, it also assumes that a suspect’s BAC is always lower at the police station than it was in the car. While probably true in the majority of cases, it is not always something you can count on.

In order to be even remotely accurate, chemical tests at the police station must be taken after the suspect has reached what’s called the “post-absorptive” state—a state of equilibrium that is reached when the person is no longer absorbing alcohol into the blood stream. During the “absorptive state,” on the other hand, BAC is often rising. This means that if you test a suspect too soon, the BAC result might actually be higher at the police station than it was in the car.

And what determines when someone has reached the post-absorptive state? Average metabolism! The moral of the story is that if you are tested too early for your metabolism, not only will “retrograde extrapolation” produce an inaccurate result, but it will estimate in the wrong direction!

In response to these difficult issues of proof, many states have tried to simplify matters by passing laws governing how the chemical tests should be interpreted. Many states have laws that say that, unless you can prove otherwise, the BAC result at the police station will be assumed to be the same as it was when driving. These laws are an attempt to fashion a compromise between two facts: 1) retrograde extrapolation is inaccurate (as the defense would point out) and 2) BAC is almost always lower at the police station (as the prosecution would respond). So let’s just split the difference.

The first problem with these laws is that they are based on an untruth. BAC is hardly ever the same at the police station as it was in the car. The second problem, and potentially more important that the first, is that they shift the burden of proof. In our legal system, the prosecution has the burden of proof. In other words, a suspect is presumed innocent unless it can be proven otherwise beyond a reasonable doubt. But when in comes to the question of how to interpret chemical test results in DUI cases, the burden of proof falls on the defense. If you were arrested for drunk driving and your test result registered above the legal limit, it is up to you to prove that the results are inaccurate, as they so often are.

These kinds of laws have been ultimately responsible for countless DUI convictions. But because these laws are based on a basic faith in the unreliable and error-prone methods of breath testing and retrograde extrapolation, among these convictions have been countless people who should never have been arrested in the first place. It is imperative that you find an attorney who knows how to prevent you from becoming a victim of bad luck, which so often can mean the different between a correct and incorrect test result.

 www.BobKeeferlaw.com 

By: Bob Keefer

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