Sobriety tests are now as common as DUI arrests. What this means to drivers is clear proof of driving under the influence. While many states have different terms and laws for handling DUI and DWI arrests, one thing is the same across the board. The blood alcohol level limit is 0.08% for all states and districts in the U.S. If you are at 0.08% or over, you can be fined, given jail time, and have your license suspended.

But you might be wondering, are these breathalyzer, blood, and other tests as accurate as you’d been led to believe? After all, the entire case against you is based on a simple test. While some would discount that these tests are in any way inaccurate, it’s still useful to look into the details.

When you are pulled over and the officer suspects your under the influence, he/she can administer more scientific tests such as the breathalyzer. Almost every state has the “implied consent” law where if you refuse to be tested for alcohol levels your license can be suspended. There are other tests too.

“Field of Sobriety Tests”
These tests are the ones we all know, where you’re asked to count from 100 down to 1, or spell the alphabet backwards. Officers also check the eyes, for coordination (walking in a straight line), and cognitive abilities. You might often have to do more than walk in a straight line and say the alphabet, as officers are trained in various ways to test alcohol levels.

Blood Tests for DUI
Blood tests are considered to be the most accurate test of alcohol levels in your body. However, in some cases DUI lawyers can argue the testing via blood, namely if the blood wasn’t handled or preserved properly before and during the testing. In fact,some say if the blood is allowed to coagulate, it can lead to false high readings.

Breath Tests for DUI
Perhaps the most common and well known test, the breathalyzer can be used to test alcohol levels right when the officer pulls you over. The actual science behind the breath test is complex, as it tests the level of alcohol in the air you exhale instead of your actual blood level. This results in a lot of guesswork on the officers part, and gives you the chance to fight the case, as false high readings can and do occur

Urine Tests for DUI
Since urine tests are the least accurate of blood alcohol level tests, they’re rarely used. Since alcohol is in the blood and not urine, it’s less accurate. Usually some assumptions have to be made.

Fighting the DUI with a Lawyer
If any of this sounds complex, that’s because alcohol blood level testing isn’t an exact science. While many will fail the tests and be over the limit, some will not, or there are mistakes made, and that’s enough room for a DUI lawyer to help you plead your case. No matter your situation, if you get charged with a DUI you can fight about more than the alcohol tests. You can also fight, for example, if the officer had the right to pull you over in the first place. In the end, hiring a DUI lawyer can help you out of this situation and perhaps help you keep your license and avoid jail time.

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If you have been arrested for a DUI in California, it is important to discuss your DUI case with a California DUI defense lawyer as soon as possible. A DUI lawyer can take immediate action and help develop your DUI defense. According to California DUI laws, an APS or Administrative Per Se Hearing must be scheduled within 10 days from the date of your DUI arrest. Failure to seek adequate legal counsel can result in harsh penalties for your DUI arrest including:

• Jail time
• Large monetary fines
• Suspended or revoked driver’s license
• Increased California car insurance premiums
• Installation of an Ignition Interlock Device
• Probation
• Participation in a DWI education program
• Loss of a commercial license- if you are a commercial truck driver

Failure to contact a DUI attorney in California is a mistake. California DUI laws and mounting a DUI defense can be complicated. A DUI conviction will stay on your driving record for at least 7 years. A California DUI lawyer can help. Call a DUI attorney today for a free consultation about your DUI arrest.

What is a DUI?

In California it is illegal to drive under the influence of any alcoholic beverage or drug. California DUI laws define “under the influence” as being “unable to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances”. Proof of a DUI can be obtained from the observation of an individual. The officer watches for slurred speech, the inability to walk or blood shot eyes. Additional evidence can be obtained through a Blood Alcohol test. In California it is illegal to drive with a BAC of 0.08 or higher. If your BAC is 0.08 or higher, you can be charged with a DUI even if you are not exhibiting any signs of being “under the influence”.

California DUI penalties

First Offense:

·         The court will sentence the defendant to a jail term for a minimum of 48 hours.

·         Fines can range from $1400 – $1800 and additional court fees are included. All DUI fines must be paid within 45 days or financed to be paid. Some fines may be discharged by community service.

·         A 3- 5 year probationary period will be imposed.

·         Required 10 month license suspension (limited driving may be allowed for school and work)

·         Required attendance of a 3-6 month drug and alcohol program is mandatory

Second Offense

·         Required jail term for a minimum of 96 hours

·         A 3-5 year probationary period

·         $1800 – $2800 in fines and penalties must be paid plus additional court fees

·         18 month driver’s license suspension, drivers may apply for a restricted license 12 months after the DUI arrest

·         The defendant must attend a drug and treatment program for 18 months.

Third Offense

·         Required jail term for 120 days minimum

·         3-5 years probation

·         $1800-2800 in fines and penalties for the 3^rd DUI conviction, plus court costs must be paid

·         A mandatory driver’s license suspension for 18 months to 3 years.

·         A mandatory installation of an ignition interlock device.

Common DUI questions

Is a DUI arrest like a traffic ticket?

No, if you are convicted of a DUI there can be very serious penalties including a suspended license, probation and increased insurance rates. A DUI conviction is either a misdemeanor or a felony. It is important to take your DUI seriously and talk to a California DWI/DUI attorney as soon as possible.

How do I find a good DWI Lawyer?

Find a DUI attorney who has experience in criminal law. Find someone who is easy to talk to and wants to help you with your DUI case. Does the DUI lawyer listen? Did they answer all of your questions? Make sure you find someone knowledgeable about California DWI laws. Beware of a DUI defense attorney who guarantees results. There is no attorney who can guarantee a dismissal of your case.

Do I have to hire a DUI lawyer or can I represent myself?

Unless you fully understand the complexities of California DUI law it does not make sense to try and represent yourself in a DUI criminal case. If you do decide to represent yourself, you will need to file a hearing with the DMV within 10 days of your arrest. A DUI arrest is a serious matter, it is important to talk to a California DUI attorney as soon as possible.

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Defending DUI charges in California can mean the difference between jail time and going home. With DUI (and in some states DWI), you can also expect fines, loss of license, and other charges if you hurt someone while driving.

One of the toughest things to fight can be a DUI charge in California. So how do you do it? The best solution for legal problems is to hire a professional lawyer in your area who knows the laws. This guide highlights how you can defend yourself, but this is only in addition to your DUI lawyer. If you cannot afford a professional lawyer, ask the judge to appoint you one.

Advantages of Mounting a Defense for DUI
Mounting a defense does more than fight charges: it also helps you persuade the prosecution to drop or reduce DUI charges. You might also, as stated, keep your license, avoid fines, and have the potential to be acquitted after a trial. The better your defense, the better your chances of negotiations and acquittal.

What the Prosecution Does in DUI Cases
In a California DUI case, the prosecution will be trying to prove the defendant drove the vehicle while at the same time being intoxicated. You drank ten beers, got in the car, and drove down the road. The prosecutions case will simply be based on a scenario like that.

Opportunities for Defense against DUI Charges
The actual defense for California DUI charges can vary. Usually your lawyer will come up with a clear plan and present it to you, then the court, and either negotiate or go for an acquittal.

One common defense used by DUI attorneys is that you weren’t driving. In most cases, you get pulled over, a cop gives you a test, and if you rate a 0.08% or higher blood alcohol level, you get arrested. The defense rarely can work if you were actually driving the car down a highway, but if you were just sitting in the car behind the wheel and had been drinking, you have an opportunity.

One more common defense is that the officer who charged you with a DUI actually had no reason to pull you over. Or, in some cases the defense will be the officer did not follow correct legal procedures during the arrest. In these cases, the arrest may be suspect and you might get a complete acquittal, because the prosecution has no more case.

There are many other strong defenses, but the probable cause alluded to earlier, where the officer had no reason to pull you over and arrest you, is one of the best. Here, the officer did not follow proper procedure, and again the charges might be dropped.

Hiring a California DUI Lawyer
There are many other defenses which have pages of detail, but your best choice is to hire professional legal counsel, a California DUI lawyer, to handle the case. There are a variety of other defenses, and even the ones mentioned have more details involved. Hiring a California DUI lawyer can, more often than not, result in lesser charges if not dropped charges.

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David Rainey, Puck from MTV’s “The Real World: San Francisco”, has been charged with DUI, child endangerment and driving without a license in connection with an accident on Route 79.

Officials with the California Highway Patrol say that his vehicle left the roadway after failing to negotiate a curve and ended up on its roof in a stream bed after rolling down an embankment.

Puck suffered broken bones in both feet, his right hand and neck, according to celebrity gossip site TMZ. His 8-year-old son, Bogart, reportedly has liver damage and bruising to several of his internal organs.

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Driving under the influence (DUI) charges, along with the same term for  alcohol penalties driving while intoxicated (DWI), are commonplace today. It’s not a laughing matter either, as many studies point out how many driving related injuries and deaths are related to alcohol. It’s a problem, but for the purposes of this article, we’ll go over why it’s such a problem, why alcohol effects your ability to drive and leads to DUI and DWI arrests.

Alcohol and The Brain
Alcohol will reach your brain within seconds. You may have one shot and hit the road, but the alcohol in your bloodstream will effect vision and hearing, muscular ordination, and cause deterioration of judgment.

It does depend on the person and the amount you drink. For instance, a man of 250 lbs will have less effects for taking that one shot or two beers. The 110 lb woman, on the other hand, will feel the effects greatly. It’s dependent on the person, however, how much is drank, the time period, what you eat, and when you get in the car. There is even something to be said for how long you’ve been drinking; if you’re a regular drinker, you may handle the amount of alcohol differently than the 17 year old who’s never drank once.

Limits on DUI And DWI
If you’re a regular drinker, you may think you can handle your alcohol. If you’re not, you may think it’s okay just for a small amount. Making the mistake to drive doesn’t involve how you take the alcohol, but how high the level is in your body. Every state in the United States considers the legal limit to be 0.08%. If you hit that, you’re facing a DUI. Regular drinkers may feel little effects of the alcohol, but if you’re pulled over, it doesn’t matter.

And for good reason. All it takes is one mistake and someone gets hurt.

How the Body Handles Alcohol
This isn’t meant as a science study, but as a way to show you how much you’re body can handle alcohol, how long you should clearly wait before getting behind the wheel, and what you can expect if an officer does pull you over.

Once you take a drink and the alcohol hits your system, it depends on what’s already in you. If you’ve had nothing else to drink (without alcohol) or eat, it’s proven to have greater effects. If you eat a full meal along with your drink, it’s proven to limit the effects of alcohol.

For most people, you can expect 90% of the alcohol you drink to be absorbed into your system within an hour. That’s an average, but it does depend on the quantity of alcohol you drink, the strength of the drink, and what you already have in your stomach.

How Much Can You Drink?
So how much can you actually safely drink? A recent study proposes a theory. You divide the number 3.8 by your body weight in pounds; this is in effect the maximum percentage of alcohol your blood will get with each drink. The average beer, single shot, or glass of wine will add such amount of alcohol to your system. If you weighed 200 lbs and drank one beer, shot, or average glass of wine, each drink would add about 0.02% to your blood alcohol level. Of course, this is just an example and  shouldn’t be taken exactly, but compare your number to the blood alcohol level limit (0.08), and you have a rough idea of what you can drink.

DUI and DWI
If you run into problems with DUI and DWI charges, you might consider lowering your drinking level if not drinking anytime you plan  to drive at all. DUI charges can be very severe, and you must also think of others on the road. If you do make a mistake, hire a DUI attorney who can help you through the process and help with the laws involved.

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Driving under the influence (DUI) in New York is actually termed a DWI (driving while intoxicated), a variation which occurs in separate states. But the basic principle of a DWI, has all the same core laws that others states use. For instance, you can get your license suspended, for multiple charges you can go to prison, and different laws for those under age as well as who hurt or killed someone while driving.

What is DWI in New York?
DWI in New York is considered a crime. You can lose your license, face fines, and quite possibly go to jail. It depends on a variety of conditions, most which will be familiar to you. But, the basic 0.08 rule of being intoxicated is the same across all 50 states, including New York.

The level of abuse is considered by New York law under 5 basic conditions.
-The amount of alcohol you drink
-The amount of food you eat
-The length of time you drink
-Your body weight
-Your gender

Some of those may seem obvious. If you drink 10 beers and drive in New York, you’ll get a DWI or worse. However, what does the amount of food have to do with drinking? This is because of how alcohol is absorbed by your body, and how food can sometimes weaken the effects. If you drank those 10 beers and ate nothing, you would likely be more intoxicated, at least that’s how the laws are.

Body weight and gender are similar, as the amount of intoxication you get from drinking 10 beers does include how big you are; a 300 pound man may be less intoxicated than a 110 pound woman.

There are variations to how intoxicated you can get and how old you are. For example, if you had a .18 or higher alcohol level, that would be considered aggravated DWI and would have stiffer penalties.

The Penalties for New York DWI
There are many penalties for a DWI in New York, and they can get complex. It’s smart to first hire a professional DWI attorney in New York who can plead your case in front of a judge or jury. The more DWI charges you get, as with other states, the bigger the punishments are. Of note is the A-DWI, aggravated driving while intoxicated, which has stiffer penalties. Let’s go over those first.

A-DWI: $1,000-2,500 fine, possible 1 year prison sentence, license revoked for one year
Second A-DWI in 10 years: $1,000-$5,000 fine, possible 4 years in prison, license revoked for at least 18 months
Third A-DWI in 20 Years: $2,000-$10,000, 7 years, License revoked for at least 18 months

Now let’s go over the basic DWI and DWI-Drug violation penalties, which can be less stiff.

DWI: $500-$1,000, 1 year in prison, License revoked for at least 6 months
DWI-Drug: Same as DWI
Second DWI: DWAI Drug: $1,000-$5,000, 4 years prison, License revoked at least 1 year
Third DWI – DWAI Drug: $2,000-$10,000, 7 years prison, license revoked at least 1 year

How do you stop these penalties from occurring? The best move is to drink responsibly, but if you make a mistake, hiring professional DWI attorneys in New York can help. A DWI attorney can help you fight or plea bargain, explain your rights, educate you on the penalties, and help you move on with your life.

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There is no definitive difference between the actual terms of DUI (driving under the influence) and DWI (driving while intoxicated). It’s technically used in the same way in all 50 states, notably with the blood alcohol level of 0.08%. States use these terms in different laws but with the same effect. The 0.08 level is across all 50 states, and states also have laws apply to driving while using any drug along with alcohol. You could have had one glass of wine, but also been on painkillers, and technically even if you’re not over the blood alcohol level, you can be considered driving under the influence.

So there is no clear difference between DUI and DWI, other than the terminology used in different states. Some states use DUI, others DWI, while still others use OUI (operating under the influence).

The major point here is that all 50 states are actively looking to penalize people who drive under the influence.

How does DUI work exactly?

Drunk Driving Laws

As stated, in all 50 states, the blood alcohol level limit of over 0.08 is the same. If you have 0.08 or higher, you can be arrested under the DUI laws of every state. Since state laws can be used to call any drinking to be driving under the influence, some steps are followed to make the case for a drunk driving arrest.

-The person drove the vehicle
-This person’s ability to drive safely was affected by alcohol, drugs, or a combination of both

As you can see, if you’ve shown that you might be driving under the influence even without a high enough blood alcohol level, you can and will often be arrested for a DUI.

There are many ways of using these laws, making it important to have qualified legal representation, a DUI attorney, to plead your case. It happens to many, but this is because almost a third of all driving related deaths are in some way effected by alcohol. That’s why states are even more active in punishing DUI and DWI offenders.

How Do You Defend a DUI or DWI?

The basic laws are the same, but how they are used depends on the courts. For example, if someone was hurt while you were driving, it might be considered a felony rather than a misdemeanor, a much more serious crime. First drunk driving offenses are typically misdemeanors, but if someone was hurt you may be in trouble. Since DUIs can make you lose your license, face fines, and sometimes even go to jail, a professional DUI attorney can help you out of this situation.

How Do You Choose a DUI or DWI Attorney?

You always want someone with experience in this, and many DUI attorneys do. However, some can handle your case better than others, as some attorneys can help you out of possible jail time. In choosing a DUI attorney, you want one familiar with the state laws. You should never attempt to handle a DUI or DWI case by yourself and without a DUI attorney.

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Technically, DUI means driving under the influence of some type drug. That can mean alcohol, prescriptions, or illegal drugs. DWI means simply driving while intoxicated, and in many states, refers to the use of alcohol. The use of the terms can be interchangeable but DWI usually refers more to the severity the drug has metabolized within the offending person’s body.

In Illinois, a person charged with DUI faces two different cases, one before the Department of Motor Vehicles (DMV) concerning their driver’s license which requires an administrative hearing, and the actual accusation for a DUI may require a court case, traffic case, criminal case, or ticket.

Convictions for first time offenders can include heavy fines, jail sentences, DUI school, license suspension, and community service.

According to HG.org, located in Chicago,“Effective January 1, 2009, the judicial driving permit, a hardship license formerly granted to first offenders is abolished for all arrestees on or after 1-1-09. 625 ILCS 5/6-206.1 makes several substantial changes to the implied consent laws.” Whatever term you refer to drinking and driving or drunk driving,  states are clamping down on these type traffic violations.  When you face these kinds of charges, it is no time to handle your case all by yourself. We are here to help you get in contact with a lawyer who can help you understand the subtle differences in the legal jargon of Illinois law, and who specializes in representing YOUR best interests.

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Driving under the influence (DUI), the legal term most commonly used to describe the offense of drunk driving, has been attributed by the National Highway Traffic Safety Administration (NHTSA) of causing 15,387 of the 41,059 deaths by automobile accidents occurring  in 2007. The figure represents 37 percent of the total fatal traffic accidents throughout the United States.

The NHTSA says, “A motor vehicle crash is considered to be alcohol-related if at least one driver  involved in the crash is determined to have had a blood alcohol concentration (BAC) of .01 gram per deciliter (g/dL) or higher. Thus, any fatality that occurs in an alcohol-related crash is considered an alcohol-related fatality.” In 2007, in the state of Texas, there were 1,544 deaths attributed to alcohol which represented 45% of the total that were considered traffic-related fatalities. Non-fatal DUI caused accident statistics are even more startling than the fatality statistics, and they include numerous disabling injuries that have occurred all across our land including places like McAllen, Edinberg, and Mission, Texas.

It is true what some say, it does not pay to drink and drive. With these startling statistics, is there any wonder states are cracking down on the people who drive while drinking? Across the nation, depending on the severity of the traffic violation and including the consideration of a fatality, convictions for drinking and driving can be considered a misdemeanor or a felony, and they can bring a multitude of harsh punishments. With a conviction, a person’s record could permanently brand him or her as a life time criminal. The record is often made public to employers and insurance companies.

Traffic laws have been made to protect the innocent because there usually is an innocent party in most traffic accidents. So, if you are facing a DUI related accident in Texas and have been hurt, disabled, or had a fatality of one of your family members as a result, and you feel like you are the innocent party involved, these types of accidents are too serious and complicated for the average layman to handle by themselves. You will need a legal professional to help advise you on what to do and how to protect yourself. Contact us right now, and we will help you find an attorney in the area where you live that can help you deal with the charges you are facing.

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The state of California, like all states, is tough on DUI offenses, even for the 1st time offenders. The laws are straightforward.

DUI California Penalties for 1st Time Offenders
-Jail time of 96 hours to 6 months
-Fine of $390 to $1,000
-License Suspension for 6 months
-Also must complete Driving Under the Influence Program

The more DUI arrests you get, the stiffer the penalties and the higher the chances of both extended jail time and suspension of license for extended periods. If you get another DUI after you first offense, you typically get penalized the most if it’s within  10 years of your previous California DUI.

DUI Penalties for 2nd Offense
-Jail time of 90 days to 1 year
-Fine from $390 to $1,000
-License suspension of 2 years

After that, technically the fines are the same, but the jail time and license suspensions go even higher. So should you fight these charges or bargain? The best route is to use a professional California DUI attorney who can help you make these decisions. With possible jail time and the effect of losing your license pending, it doesn’t hurt to try.

Trials for California DUI
A DUI attorney should be honest with you about your chances. For one, if you face a jury who believes you are guilty of a DUI, you need to plea bargain. If you lie about this and try to fight it, it really hurts your chances with the jury. Typically, the blood alcohol level tester is involved; if you have a blood alcohol level over 0.08%, you can expect trouble with a jury. California juries, like most, will consider that the proof they need.

However, most DUI attorneys in California have experience in handling juries, mainly because you have a better chance in front of a jury than a judge. Many judges are used to being lied to, which can make it difficult for you to fight the case.

The blood alcohol level may not always be a bad thing. If you can prove the blood alcohol level was close to the limit, you have better standing. If your blood alcohol level was tested to be very high, much higher than the legal limit, you won’t have much chance.

Hiring a California DUI Lawyer
These decisions should be made by more than individuals and families. No two cases are the same. While it’s sometimes best to put the case in front of a jury, you might in fact get a judge will to hear your arguments. Therefore, hiring a California DUI lawyer with the experience needed to fight your case is the logical final step. If you cannot afford a DUI lawyer, ask the judge for help and they will refer you to a lawyer to handle your case.

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