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
articlesbase.com/health-and-safety-articles/dui-sometimes-bad-things-happen-to-good-people-146015.html

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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
articlesbase.com/health-and-safety-articles/legal-help-for-dui-139954.html

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This time I was not drunk, but my breath smelled like alcohol, and even though I passed the sobriety test I was still arrested. Later I refused to take the breathalyzer. What are my chances of winning this case and is it possible to get my license back if I get a drunk driving lawyer?

Your chances of getting your license back and beating the charges are good. Evidence against you is the smell of alcohol and refusal to take the breath test. Evidence in your favor (especially if it was recorded) is you passed the field test. Also, the police have to had a reason to pull you over. You will have to take the case to a jury trial. If you go before a judge only, they probably will find you guilty. You will need a good attorney. A good attorney will cost a lot. It’s well worth the money depending on the circumstances. I recommend one that specializes in DUI cases. A good way to find an expert attorney in any case is to ask someone affiliated with the courts and the local police.
I recommend you use the following site to help you find a good attorney. It’s a great site that rates lawyers and gives you info on what they specialize in. It’s relatively easy to use but just because an attorney is not listed in the site does not make them a bad attorney.

http://www.martindale.com/secure/MyMartindale.aspx

Good Luck!

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Duration : 0:0:46

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Duration : 0:0:49

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Well I have been to Korea and I happen to know that the only way to drive is if you are a civilian or an E7 or above. Taken that you are posting this in a military section I am going to take it you are military. Personally yes you should be able to contact SOFA and they should help you through the process but on the other hand I think you should of known better….

Not very good leadership so even if you get off by the Korean govt. I hope the military will deal with your consequence…

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Duration : 0:2:11

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There are a number of things a defense attorney can do, but there are a few things you should know before I give an academic answer with a few possibilites:

First, I am not a lawyer yet, I’m in law school and cannot legally offer legal advice. The only thing I can tell you is that you should talk to a lawyer.

In that vain, you should talk to your lawyer before making public statements like the one above. It may be possible that this statement could be admissible against you in court.

Also, when I say you need to talk to a lawyer, you don’t have to stick with your lawyer. You can get a new lawyer. I’m not advocating for that, and there are serious downsides to changing lawyers. If the lawyer is court appointed, you can talk to the judge about why you want a new lawyer. Talk to your lawyer first, they will tell you the potential problems with taking this action and what a different lawyer may or may not do differently.

If you’ve hired your own lawyer, you can always fire your lawyer, but again, talk to your lawyer first because, just as in the court appointed case, there are issues your lawyer will discuss with you before you take such an action.

Now academically, there are a number of different possible actions a defense lawyer may take in a DUI case. For example, actual guilt isn’t enough, the state must be able to prove it beyond a reasonable doubt. Your lawyer doesn’t have to put on a case at all and can simply argue the prosecution didn’t prove their case. This is an option, for example, if there is some problem with the test or other evidence. Alternatively, even if your lawyer thinks you will lose the case, they may be trying to get a deal so that the penalty will be lower. Depending on the state, there may be several different types of DUI charges and there may be several different possible penalties. Your lawyer may be trying to get you a deal so your penalty won’t include jail time, or won’t involve losing your license, or something else.

Remember, these are just possibilities, I’m not suggesting a legal strategy, only your lawyer can do that. I’m also not saying that the “right” thing to do is to plead not guilty or to plead guilty, that’s a decision that is solely up to you and should be made with the help of your lawyer.

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Ask one of the older guys who has done this a million times.

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