Duration : 3 min 4 sec

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Duration : 1 min 10 sec

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Many state DUI laws were developed in response to federal highway funding mandates. In order to qualify for federal road maintenance revenues, individual states were compelled to define a legal age for alcohol consumption and laws defining the legal level of intoxication (alcohol blood level) for drivers. Most states established a legal drinking age of 21 years, although some allowed the consumption of low-alcohol beers and wines at age 18. Later federal highway mandates encouraged all states to agree to a uniform drinking age of 21.

If a law enforcement officer observes suspicious driving behavior, they can legally perform a traffic stop of that vehicle. A strong odor of alcohol, slurred speech or general incoherence can lead to a field sobriety test to roughly determine intoxication. A DUI charge cannot be issued through suspicion alone, however.

If the driver fails to demonstrate the capacity for rational thinking and motor skills during these field tests, the officer can then ask permission to perform a blood alcohol content test, commonly abbreviated BAC. In a DUI case, the test must show a percentage of alcohol in the driver’s bloodstream over a legal limit. The legal limit for DUI used to be .10% BAC; all states have now adopted a lower .08% BAC.

The legal blood alcohol level for drivers under the legal drinking age can be as high as .02% or as low as absolute zero. If any driver demonstrates a BAC over the legal DUI limit, he or she can be charged with a DUI immediately and booked into a holding cell for at least enough time to become sober again. Some law enforcement officers may use a special breathalyzer to determine BAC, which is seen as less invasive than the standard blood test. Because a person’s BAC lowers over time as the alcohol is processed by the body, police officers must gather evidence quickly to establish a DUI charge. DUI suspects may also refuse to take a BAC test or call a lawyer for legal protection from interrogation.

Many states have a progressive DUI policy, which generally means that a first-time offender may not receive the maximum penalty allowed under the law. A judge can use some discretion when sentencing those convicted of DUI, especially if the accused pleads guilty and demonstrates remorse for his or her actions. Generally speaking, a first DUI conviction could lead to a revoked driver’s license for up to a year, a substantial fine and/or community service, and several penalty points when your driving rights are eventually restored. More serious DUI penalties could include prison time, court-ordered alcohol rehabilitation and a lifetime suspension of your driver’s license.

If you or someone you know is charged with a DUI or DWI and need legal help; there are many resources on the web. One resource that I would recommend is handelonthelaw.com.

Chris Ronk
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DUI Penalties Are Serious – Among the penalties for DUI are the loss of the driving license, steep fines, and incarceration. The length of DUI related jail time has increased dramatically over the past decade, as have the fines. In some areas, a DUI can result in the forfeiture of your vehicle. You’ll probably also see that a DUI conviction will substantially raise your car insurance rates for years.

Because of the severity of the penalties, it is essential to engage the services of an experienced, aggressive DUI lawyer. There’s a great deal of specialization in the legal field, and a DUI lawyer can guide you through the court system and help sift through mandatory and subjective penalties, working towards the best outcome.

Why Choose A DUI Lawyer? An experienced lawyer, specializing in DUI cases, is aware of the complexities that are part of all DUI cases. For example, it’s debatable about how well roadside equipment is able to reliably and consistently make the sensitive measurements upon which the arrest is based. A knowledgeable DUI lawyer will know that certain health issues can affect the results of the tests used to detect that you’re driving under the influence. There are numerous bits of specialized, important knowledge that DUI lawyers have that can help you, which is why finding the right lawyer is so important.

We Make Finding Your DUI Lawyer Fast And Easy – Most people have little experience in choosing quality representation and, during the crisis of a DUI, they can feel overwhelmed by all of the options, or feel pressured to make a quick decision. This can result in a poor or harsh outcome to the case. There’s no need to let that happen.

We make finding a DUI lawyer much easier for you. We’ve done the research for you so you’ll be making an informed decision when searching for a lawyer with the specialized, knowledgeable legal representation you need to assist you in managing your DUI case.

By informing you of the many options available, we can help you have greater confidence in making the decision of which DUI lawyer you will choose to represent you. When you’ve been arrested for DUI, it’s a serious situation, and experienced, effective representation by a specialized DUI attorney is an essential part of obtaining the best possible outcome.

Carson Danfield
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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 harshness 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.

Carson Danfield
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                                                                        CHAPTER 9

great many police officers feel they have done their job when they arrest a

person for “mere suspicion” of DUI. In some instances, the arrest may be

warranted, but sometimes it isn’t.

Although you may think that just because your Blood Alcohol Level is below

the state limit, usually 0.08%, that you’ll not be arrested for DUI. Wrong!

Actually, you can be arrested for DUI no matter what level of alcohol is in

your bloodstream. Even if you haven’t been drinking at all, if the police

officer observes anything about you that leads him to believe you may have

been drinking, he can arrest you. And then, it’s up to you to prove your

innocence.

For example, let’s say that you just finished a fine meal at your favorite

restaurant and you had a small glass of wine. An overzealous police officer

stops you for a minor traffic violation and smells alcohol on your breath.

He immediately arrests you for DUI, slaps on a set of handcuffs and hauls

you off to jail.

Once you arrive at the jail, you’re photographed and fingerprinted, then

you’re placed in a holding cell, probably along with some pretty unsavory

characters. You’ll wait there for what seems like an eternity and eventually

you’ll go before a local magistrate who will decide what happens next. He

may just assign you a court date and release you, or he may keep you locked

up until you post a cash bail. If you don’t post bail, you’ll sit in jail

until your court date.

Even when you do get out of jail, it will seem like your troubles are just

starting. As a result of your arrest, your car was towed to an impound lot

and when you go to retrieve it, you’ll be faced with paying hundreds of

dollars in towing, storage and administrative fees.

When your court date finally arrives a few weeks later, you need to be

prepared to fight your case by being knowledgeable about the DUI laws of

your state. If everything concerning your arrest wasn’t done properly,

there’s a good chance you can get the case dismissed and all charges

dropped, thereby keeping your record clean. Even if your case does proceed

to trial, your guilt must be proven beyond reasonable doubt. Again, this is

where you need to be aware of the law and what’s legally required for a

conviction.

Keep in mind that the police officer is not your friend. The judge is not

your friend. This is a money-making enterprise for them and they would

prefer to punish you as much as possible, as quickly as possible so they can

move on to the next poor soul who they’ve managed to catch in their snare.

If you don’t know your rights and speak up, they’ll just dish out your

punishment and move on to the next victim. You will have now been

rubber-stamped as a criminal and you’ll have to live with the consequences.

Carson Danfield
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Physical Impairment Cases – One of the ways a prosecutor can handle a DUI case is by choosing to focus on your physical impairment at the time when you were arrested. Being physically impaired means you that were unfit to safely operate a motor vehicle at the time of your arrest. When the prosecutor handles a case based on physical impairment, he will attempt to prove that you were impaired at the time of your arrest. Law enforcement officers or other witnesses may testify about your driving habits, behavior, and appearance at the time you were stopped on suspicion of DUI. Your results on field sobriety tests may also be introduced to further prove that you lacked the motor and mental skills required to safely operate a motor vehicle. Getting legal assistance for DUI when the prosecutor is focusing on your physical impairment is quite important.

Per Se DUI Cases – Another way a prosecutor can manipulate a DUI case is by concentrating on the results of chemical testing done after your arrest on a DUI charge. The theory behind a per se charge of DUI is that having a blood alcohol concentration level that exceeds a certain limit means you were driving under the influence, regardless of whether you showed any signs of physical impairment or not. In most states, the legal limit is 0.08% for driving under the influence cases. Getting legal help for DUI cases involving a per se DUI is especially important. Testimony concerning chemical testing may be complex, so you’ll need a qualified advocate to sort through all of the information and defend you against the charges. Your lawyer may also have expert witnesses called to testify during your trial to show that the test results were not valid or that testing was not performed properly.

Fighting License Suspensions – You’ll need legal assistance for DUI charges and for handling another part of your DUI case – suspension of your license. When you’re arrested for DUI, your driving privileges are automatically suspended as an administrative penalty. The suspension happens even before you present your defense at a trial. You’ll need a qualified attorney on your side so you have someone who’s qualified to speak for and represent you during any possible appeal hearings that take place. If you have a skilled attorney, you might be able to get a restricted license or a temporary license that will allow you to drive to work, school, and other necessary destinations until your criminal trial takes place. For most people, not being able to drive can really mess up your life – having an attorney help you get your driving privileges reinstated is extremely important.

Sentencing – Getting legal help for DUI is also extremely important even if you are convicted of the DUI charge. The reason is that judges can consider a number of circumstances prior to sentencing convicted offenders, your attorney may be able to convince the judge to impose probation instead of jail or to reduce the penalties imposed against you in some other way. Your attorney can speak to the judge on your behalf and let him know about anything that could work in your favor. This information can include any disabilities you have that could not be adequately cared for in jail, family responsibilities like caring for your children while your spouse works or caring for an elderly family member, or the fact that you are the only source of income for your family. Although you won’t be able to get out of the DUI or erase it from your record, this information might persuade the judge to sentence you to probation and other penalties instead of jail time, if it’s appropriate based on the number of convictions you have and any aggravating circumstances that may be part of your case.

Carson Danfield
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Ok folks, it’s up and running – myduiattorney.org has officially launched, and is looking for DUI attorneys in all 50 states to register for FREE on the website.

Your listing is FREE until you get either 3 phone leads or 6 email leads. After that, it’s OPTIONAL to sign up for a monthly listing – no contracts, no obligations, just $399 a month for a premium listing or $299 a month for a normal listing.

Congratulations Attorney Larry Ruch on being our first DUI lawyer, serving Maricopa and Coconino counties in Arizona!

When you come to www.myDUIattorney.org, simply register using the top navigation tab on the right and we’ll get your listing active within 48 hours. Yes, we track all leads, both phone and email, and we’re hoping to make this directory a tremendous resource for new business for all DUI attorneys out there.

Our FOCUS are the poor souls who have been arrested for a DUI, DWI, or DWAI, and we’re looking for quality lawyers that:

LISTEN to their clients

CARE about helping their clients get through

RESPECT their client’s difficulties and work hard to help them.

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You’re going to find this out as you go along, but whatever this is you’re calling a bail report has nothing to do with what you’re ultimately going to be charged with. I guess my advice regarding that document would be to just ignore it.

There’s never anything for you to sign about an accident. The fact that you didn’t sign anything regarding the accident means nothing and again, if it doesn’t appear on this bail report you’re talking about, that means nothing as well.

Is there any way to fight the DUI?

Of course. You have the absolute right to make the State prove their case against you beyond a reasonable doubt.

Is it likely you will win?

Not very. Especially in your case, but you really didn’t comment on the details of your case. If you submitted to a chemical test (blood or breath), you are very likely going to be found guilty.

The consequences are:

* Driver’s license suspension
* DUI classes
* DUI probation (a lot of people screw this up)
* Increased insurance rates
* Court fines
* Attorney fees
* 24 hours in jail
* And maybe more, but nothing is jumping to mind.

Count on anywhere from $3,000 to $5,000 when it’s all said and done, excluding the increase in your insurance.

Glad it was only a fender-bender. People die in these kinds of crashes quite regularly.

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