An aggravated drinking and driving case is different than a regular DUI case. First, it can be considered an aggravated DUI,DWI, or OWI (driving under the influence, driving while intoxicated, operating while intoxicated, depending on the state definition).

An aggravated DUI is a felony charge.

How do you get an aggravated DUI?
-You have multiple DUI violations
-You’re caught drinking and driving with an already suspended license
-You’re driving with minors in the car, such as your children or as a school bus driver
-You hurt someone severely while drinking and driving
-You’re drinking and driving and have no insurance

Defending an aggravated DUI is perhaps the most difficult of all drinking and driving cases. Even if this is only your first DUI violation, all states punish those who risk others while driving, hurt children or pedestrians or other drivers, and who put others in danger by not having valid insurance or license.

The best way to defend an aggravated DUI is to hire a DUI attorney in your state. Since each state has different laws for an aggravated DUI, you want someone local and familiar with the laws.

Say you are arrested for a DUI while driving with minors in the car. Or you had been drinking and someone in the car was severely hurt. Depending on state law and how the attorney fights the case, the prosecution may ask for a Class 4 felony or Class X felony.

A Class 4 felony can, for example, result in 1-3 years in state prison. A Class X felony is even bigger, with 6-30 years in a state prison. Again, this depends on how the state laws are written. Most states do and can consider an aggravated DUI a felony, and they also consider regular DUI cases as misdemeanors.

How do you fight in court against an aggravated DUI?
An attorney can do many things. This includes plea bargaining. If you hurt someone severely, you face major punishments. However, there might be questions in the case, things which prove the other driver made mistakes too. Your attorney will fight for a lesser charge in most cases. This is something you cannot do by yourself.

There are other ways to defend the case. You might want to fight the entire charge. Perhaps you were not driving, or you hadn’t been drinking, or the officer arresting you made mistakes. There are many ways to bargain for a lesser charge, if not plead not guilty and win the case. It varies, however, as aggravated DUI cases are hard to disprove.

The best thing you can do is take the first step and hire a DUI attorney who can educate you on your options, your best strategy, and how to win.

Ready to get Help?

Complete our Free Case Evaluation form and a DUI Lawyer will review your case for Free!

How do you defend yourself in court after getting a DUI? Should it be with a lawyer or without?

Really, hiring a DUI lawyer is not an option; even if you cannot afford one, an appointed lawyer is simply a must for DUI charges.

Why is having a lawyer behind you so important? Let’s go over 5 reasons you need a DUI lawyer to for your case.

License Suspension
If you are arrested for a DUI (also called DWI and OWI in other states in the U.S.), you can expect an immediate license suspension. Defending against this can be very hard, unless you know DUI and criminal law. For example, did you know if the officer who arrested you made mistakes, such as never reading you your rights (called the Miranda), the prosecutions entire case could be in jeopardy? If the officer who arrested you broke laws in seeing you were drinking, or never read you your rights, the case can quite simply be thrown out. But you really need a DUI lawyer in this instance.

Fines
Fines for DUI charges can very high. In fact, if this is after a second or third DUI violation, or if you hurt someone while driving, the fines can be just the beginning. However, with the money at stake, you should consider hiring a DUI lawyer.

Jail Time
Jail time may be the biggest punishment for DUI charges. You can expect jail time if you hurt someone, have multiple DUI violations, or if you’ve been caught repeatedly driving with a suspended license. Again, without a DUI lawyer to help plead your case, you likely won’t know how to negotiate with the prosecution for a lesser charge.

Judge or Jury?
Should your DUI trial be in front of a judge or a jury? This depends on the case, and a good DUI lawyer will make a better decision based on the case. You might want a jury if the case in question regards the validity of the BAC (blood alcohol content) test, or if you have never broken any laws before. Judges who’ve overseen many DUI cases likely won’t give you much sympathy for your DUI. It just depends on who you’ll be testifying in front of and how you plan to fight the charge.

How do you plea?
The last part of this may be the most important. Should you plead not guilty, fight the case on the basis of how the officer arrested you or the validity of the BAC test? Should you plead guilty to a lesser charge? Having a DUI lawyer to help makes these decisions much, much easier.

As you can see, in most cases having a lawyer or no lawyer is clearly in favor of hiring one. It can save you time, money, and jail time. Even if you have law experience, it does not replace someone with years experience in helping drinking and driving offenders.

Ready to get Help?

Complete our Free Case Evaluation form and a DUI Lawyer will review your case for Free!

Drunk driving is one of the most common crimes in the U.S. today, with literally thousands of new arrests across every state in the country every single week. You can sometimes get away with drinking driving, but once you’re caught, expect penalties.

What kind of penalties for DUI violations do you typically get?
Say this is your first DUI offense. You had a few drinks with friends, didn’t feel like calling a cab, and got behind the wheel. Once you start driving, you are breaking the law. Once you get pulled over, once your blood alcohol content (BAC) is tested with a breathalyzer or other sobriety test, you can be arrested, put in jail until you sober up, and then expect stiff penalties.

The penalties depend on the state. However, all states use the 0.08% limit; if you’re there or above, you can be arrested. Also, if it’s clear you are under the influence and you are not over the limit, you can still be punished to the full extend of the law.

If you’re arrested in California for your first DUI, for example, you can expect a license suspension, fines, and possibly jail time. California, like all states, punishes even one DUI very hard. Why? Tens of thousands of people die every year are related to drinking and driving. Sometimes it’s the driver, other times the pedestrian crossing the street, or maybe the driver you hit and killed. It’s simply one of the most dangerous killers in the U.S.

What if you get a second or third DUI?
Let’s look at the California example again for this question. If you get a second DUI charge, you can expect to be fined, license suspension for up to 2 years, and jail time up to one year. You also will likely be forced to take classes.

If this is your third DUI violation, just take those punishments and multiply them. With a third offense, your license can be suspended in California for up to 3 years and you can also expect lengthy county jail time. After a fourth of fifth offense, you will likely spend an even longer time in state prison.

What if you hurt someone while driving?
Since DUI charges are designed to keep drinkers off the  roads, it’s important to note how many people die when offenders break the law and decide to drive. In each state, thousands of drinking and driving accidents occur every year. And many are not only hurt–some are also killed. Alcohol is a leading cause of death in general, not just for drivers, but drinking and driving has historically been a major killer.

If you hurt someone while drinking and driving, the laws vary by state. Typically, it’s called an aggravated DUI, which is a felony charge. If you drink and  drive one time, hurt or kill someone, or drive a minor in your car after you’ve been drinking, the penalties are very severe. In some cases, if a a death is involved, you might face manslaughter charges.

How can you get help with a DUI case?
Hire a professional DUI attorney who can help you fight the case, get a plea bargain with the prosecution, and handle the judge.

Ready to get Help?

Complete our Free Case Evaluation form and a DUI Lawyer will review your case for Free!

Driving while intoxicated (DWI), a term used in many states as interchangeable with DUI and in some cases a different charge, is one of the biggest causes of deaths in the United States. Every year, thousands of people are killed in DWI cases. And not just drivers running off the road; you also hit other cars, pedestrians, and if you’re driving with family or friends in the car, they’re in danger too.

The main guideline for DWI arrests is the BAC, blood alcohol content, which when 0.08% or more is considered a DWI and illegal. In some cases, you can only have a drink or two, get intoxicated, and be arrested for a DWI even if you are not over the limit. Also, under age drinking and driving, minors under 21 getting behind the wheel, is treated as a DWI with just about any BAC, from .01 to .02%.

What does drinking and driving do to you?
Just one glass of wine combined with driving a car can be a dangerous proposition. Alcohol hits people in different ways; there are few safe ways to drive after drinking.  Drinking leads to poor vision and hearing, makes you clumsy, and makes you lose sound judgment and self-control.

Even if you drink all the time and have a high tolerance, it really doesn’t matter in the eyes of the law. Problem drinkers can be fine one second and dangerous the next. All that matters is any drinking of alcohol combined with driving can be  lethal, and at points illegal.

How do you know when you can’t drive?
Getting a DWI is about making mistakes from the outset: deciding you can get behind the wheel. Your BAC involves how fast the alcohol is absorbed into your bloodstream and how fast it leaves. These can vary from person to person. There is no definite time limit for when you can and can’t drive. As it’s different for different people, drinking should be followed by a cab ride home or a designated driver.

What happens if you’re pulled over by an officer?
Typically, you can expect to be tested for alcohol upon being pulled over. There must be a clear reason for the officer to pull you over. The most common DWI test is the breathalyzer, as it’s one of the most reliable. Other times you might get a blood test. Urine tests are rarely used because alcohol gets in your blood, not your urine.

If you’re pulled over and fail the standard tests for alcohol, you will be arrested. At that point, you need to know your options.

How do you defend a DWI charge?
You need a DWI lawyer to handle the case. This is not the end of the world in most cases if it’s your first time, but you still face potential license suspension, fines, and possible jail time. If this is your second or third DWI, or if you’re driving with a suspended license, you can expect very stiff penalties from all states.

A professional DWI lawyer can help you from day 1 by explaining your rights, how you might plea, and what to fight. If you’ve been charged with a DWI, don’t try to defend yourself; hire an experienced lawyer.

Ready to get Help?

Complete our Free Case Evaluation form and a DUI Lawyer will review your case for Free!

Defending a DUI is complex in any state, especially if you want to fight the DUI by the case made with the arrest. This means you are appealing to how the officer arrested you.

Michigan police officers act about the same as officers in other states during a DUI arrest. There are different names for drinking and driving, from DUI to DWI to OWI, and there are different ways they are punished. But the basic BAC, blood alcohol content, is the same 0.08% in every state in the country.

How do you defend a DUI arrest? What happens if this is your second or third DUI? What if you feel the officer made mistakes in arresting you? This guide offers answers.

Defenses for a Michigan DUI Related to Arrest
If the Michigan officer arrested you in the wrong, all evidence gained from that arrest can be considered “inadmissible” in court. If the officer had no reason to pull you over, give you a breathalyzer test, and he arrested you, you can argue this in court.

Probable Cause for Michigan DUI
If the officer had no reason to pull you over, as mentioned above, there is no probable cause. There are many reasons an officer might pull you over in the wrong. You could claim many things, from race to type of car, and argue in court. If the officer pulled you over for reasons beyond believing you were doing something wrong, finds that you’ve been drinking, and gives you a breathalyzer test, state law says there may be no probable cause and therefore no case to take to court.

The Miranda Warning for Michigan DUI
If you are pulled over, tested for alcohol via a breathalyzer or other test, and arrested, you still might have a case. Michigan officers, like all police in the country, are required to follow protocol when it comes to making an arrest, namely explaining your rights in a Miranda warning. The Miranda is the classic speech you hear on TV shows–you have the right to remain silent etc–and it’s actually how things run. If an officer arrests you and gives no Miranda, you have a case against  the charges as your rights were never explained.

Who Can Fight the Michigan DUI for You
In any case, you likely won’t know how to win in court. For instance, how can you plead probable cause if you have no legal experience? Reading the laws is good, but it is no substitute for having a professional Michigan DUI lawyer to help. A DUI lawyer is a must in almost every drinking and driving case. He or she can defend against the DUI in many more ways than listed here, such as the validity of the BAC test.

Your rights are important, so hire the right DUI lawyer to help.

Ready to get Help?

Complete our Free Case Evaluation form and a DUI Lawyer will review your case for Free!

Field sobriety tests have been developed and standardized by the National Highway Traffic Safety Administration (NHTSA), and police officers through out the United States have been using these tests for years to determine if drivers are driving under the influence of any type of alcohol or drug. Dallas police officers routinely use a field sobriety test to evaluate whether or not Dallas drivers are driving while intoxicated (DWI) on Texas roadways.

Field sobriety tests include three basic components: the horizontal gaze nystagmus, walk and turn and the one leg stand. These test combined with other evidence which is collected by the Dallas police officer including a driver’s physical appearance (blood shot eyes, slurred speech, in ability to walk) and their erratic driving before the traffic stop can give the officer a good idea of whether or not a driver is DWI.

Drivers may refuse to take a field sobriety test, but if a police officer has gathered enough information to convince him he has probable cause to arrest a driver, he may decide to arrest the driver for DWI with out performing a field sobriety test. Drivers, under Texas Implied Consent Laws, have already given their implied consent to submit to a chemical test (blood, breath, urine) if they are asked to do so by a Dallas police officer. Refusing to submit to a chemical test can result in an immediate suspension of a driver’s Texas license.

The field sobriety test, when performed correctly, can be an effective tool for identifying intoxicated drivers, but it does have limitations. Many drivers who are tired, over-weight, elderly or have other physical or mental impairments may have difficulty properly performing the field sobriety test.

Horizontal Gaze Nystagmus

For the horizontal gaze nystagmus test, the Dallas police officer measures the driver’s nystagmus or the involuntary movement of the driver’s eye as it tracks a light or pen. Drivers who are unable to follow the light in one fluid motion may have consumed alcohol or drugs, or they may have a neurological disease or congenital eye defect.

Walk and turn

The next part of the field sobriety test includes the walk and turn test. Dallas police officers may have drivers put their hands to their sides and walk heel to toe for 9 steps and turn and retrace their steps. Drivers who can not walk a real or imaginary line with out falling may be intoxicated. Other conditions may also affect a Dallas driver’s ability to perform this test including inappropriate footwear, communication barriers, poor weather conditions and a driver’s weight or age.

One leg stand

The final step in the field sobriety test is the one leg stand. Dallas drivers are asked to stand straight with their arms at their side and their feet together. Next they are required to raise their leg approximately 6 inches off of the ground. Falling, swaying or raising their hands to maintain balance may indicate the driver is intoxicated.

Finger to the nose

Dallas police officers may have several other non-standard tests which they can use to test for intoxication such as counting backwards or the finger to the nose test. The finger to the nose tests requires Dallas drivers to lean their head back, close their eyes and press their finger to their nose.

Hiring a Dallas DWI lawyer

Being arrested and charged with a DWI can lead to an automatic driver’s license suspension. To save your driving privileges you may need the help of a Dallas DWI lawyer. DWI lawyers in Dallas can file the proper paperwork for your Administration License Revocation hearing which must be done with in 14 days after the date of your DWI arrest.

Dallas DWI attorneys have the skills necessary to find the weaknesses in the prosecutor’s DWI case. Do not fight a DWI charge alone. DWI law can be complex, but a Dallas DWI criminal defense attorney can help you build a solid DWI defense.

Ready to get Help?

Complete our Free Case Evaluation form and a DUI Lawyer will review your case for Free!

If you’ve ever heard of someone getting a DUI, or experienced it yourself, you likely know the penalties for drinking and driving can be very tough. Why? Drinking and driving is one of the leading causes for death in the United States, and is involved in a high number of driving related deaths in U.S. every year.

It’s important not to drink and drive at all. Every state has the blood alcohol content (BAC) level at 0.08 percent, so never drive after drinking even if you feel fine. Drinking anything and driving not only increases of getting a DUI arrest, but also getting into an accident.

One of the stiffest penalties involved in drinking and driving is the aggravated DUI.

What is an aggravated DUI?
An aggravated DUI is different for different states, and not all states use it, instead using other terms or simply making DUI penalties as misdemeanors and felonies. For our purposes, let’s consider that most states consider an aggravated DUI to be from: repeat drinking and driving violations in a short time period, an accident occurring  while driving intoxicated, and other problems which may come to be after drinking and driving.

If someone gets hurt–if you hit someone while drinking and driving–it can be considered a major crime and an aggravated DUI. This happens more often than you might think, as thousands of deaths every year are related to an aggravated DUI. If you’ve been drinking, decide to drive later at night, and hit someone walking and hurt or kill them, you can expect felony charges.

Defining Aggravated DUI in More Detail
Let’s define situations in more detail where you might get an aggravated DUI.

-Multiple convictions over a period of years
-Driving on a suspended license
-Driving with a minor
-Injury or death occurs
-No valid insurance
-Driving in school zone

So let’s explain those penalties. They vary from state to state, and not all states using aggravated DUI have the same charges. In most states, you can expect an aggravated DUI for multiple convictions in a short period. If you’ve had three DUI convictions in one year, you can expect felony charges. If you’re driving without a license, it can be considered an aggravated DUI. If you drive your kids while drunk, it will heavy punishment including an aggravated DUI; or if you drive a school bus while dunk, you can face punishments including aggravated DUI.

Only a few states do not punish drivers with aggravated DUI penalties. This may change soon.

What do you do after an aggravated DUI?
Hiring a good DUI lawyer is your first step. You need someone to help you, as the penalties can be extended jail time, permanent license suspension, and very large fines. It depends on what exactly you did. But if it involves a death, you cannot go without a DUI lawyer. This could mean a very long sentence in prison. The important thing is to not get into this situation.  Avoid drinking and driving because it puts others in danger.

Ready to get Help?

Complete our Free Case Evaluation form and a DUI Lawyer will review your case for Free!

Did you know that one third of deaths in the state of New York directly involved impaired or intoxicated people? That means one third of deaths are a direct result of alcohol. It happens beyond driving, of course, but it’s clear driving fatalities are high, and they are high because people drink and drive.

Once you drink alcohol and your blood alcohol content increases, the chances of getting into an accident are incredibly high. According to the state of New York, if your BAC (blood alcohol content) is 0.08% or over, you have four times greater chance of causing a crash.

Another disheartening fact is of drivers under the legal drinking age, who are the most likely of all drivers to be in alcohol related crashes leading to death.

Let’s go over some more details so you can protect yourself and others from being more statistics.

Will you be caught for a DWI?
A DWI is the New York State version of the DUI for most other states, where your blood alcohol content is 0.08% or higher and you drive a vehicle. The chances of being caught for a DWI are “greater than ever before” says the state of New York DWI guide. How so? Officers are not only trained to be effective in catching drivers driving while intoxicated, but they also are out in force using special equipment to catch drinking drivers.

What else are they doing?
There is the New York State STOP-DWI program, used in every county. This is funded by DWI fines, and involves programs for enforcement, prosecution, adjuration, and education. It’s a clear sign New York is serious about both punishing and helping drinking drivers. Since thousands of deaths are related to DWI cases, it’s clear why New York is doing this.

What happens if I’m stopped for a DWI?
If you are stopped by an officer, you will likely be tested. This includes the “breath screening test,” basically a breathalyzer, and possibly other field sobriety tests. If you are over the limit, 0.08% or above in all 50 states, you will be arrested and asked to take a chemical test. You can expect to be fined, get your license revoked, get higher insurance premiums, and possibly be punished with a jail sentence. If you get multiple DWI arrests, you can expect the penalties to be even stiffer, including large fines, longer jail time, and extended license suspensions.

I am drinking under age–does that change things?
Being under the drinking age of 21 does change things. If you have a license, that will typically be suspended for a DWI charge. If you are arrested for a DWI in any of the 50 states, you can expect a 1 year suspension. If you get a second or further DWI charge, your license can be revoked for longer than a year, or until you’re 21.

Do I need a DWI lawyer in New York?
Since this is only scratching the service on DWI questions you may have, you should consider hiring a professional New York DWI lawyer to help you with the case. Just knowing the laws is not enough; you need an expert on handling these kinds of cases. A DWI lawyer might be able to help get your license back, if not avoid jail time.

Ready to get Help?

Complete our Free Case Evaluation form and a DUI Lawyer will review your case for Free!

Illinois uses the term DUI (driving under the influence) for drunk driving offenses. Other states consider this to be a DWI, while still other states such as New York consider DUI and DWI separate penalties under state law.

For Illinois drivers facing a DUI offense, the best decision you can make is to consult legal counsel. This guide can help, but it doesn’t not take the place of qualified lawyer. Hiring a DUI lawyer may cost you money, but in Illinois, it’s a must as the laws can be complex.

What is BAC?
BAC is blood alcohol content, which, if 0.08% or over, is considered to be a DUI. You are legally drunk and if you’re driving, you’ll be arrested.

The laws on DUI are clear: you must be behind the wheel and driving the vehicle in order to be given a sobriety test. If you’re blood alcohol content goes 0.08 or higher, you will be arrested and later face charges. How you can fight the charges is complex: you could plea; you could claim the charges are wrong. Before that, querying several Illinois DUI lawyers can actually save you time and money in this process. You can fight to get your license back, for example.

If you have a lesser BAC, say .05%, you can still be considered to be driving under the influence. Some  people, it’s  been proven, are effected by alcohol differently than others. A 100 pound woman my drink less than a 250 pound man, but be just as impaired.

What happens  when you’re pulled over?
If you’re BAC is high or if you are clearly impaired, you will be arrested. Before that, you will be given a sobriety test. If the officer feels you are impaired by drugs or alcohol, your license will immediately be suspended for 180 days under Illinois law, you will have  to “dry out” in jail and post bail when you are sober, and you’ll have an arraignment. If you are in this position now–and just getting out of an Illinois jail–it’s definitely time to start querying lawyers. Query several if possible.

What happens during  the trial?
You will go to trial, with a lawyer or without, but having one is important. This is where you can plea bargain or look to profess innocence. However, if you are convicted, your license will be suspended for 1 year, and 2 years if you’re under 21. You may also be fined and spend time in prison if you’re an adult.

What happens if I get more than one Illinois DUI?
If you get multiple DUI arrests, you can expect stiffer penalties. Your license can be permanently suspended, you can face major fines, and you can spend extended periods in prison.

How do I get an Illinois DUI lawyer?
Searching online is a very good start, as you can see who’s experienced and who’s not. Write a short list of potential Illinois DUI lawyers and try to call each of them. Be sure they specialize in DUI law, do not handle too many cases or have help if they do, and that you can afford them.

Ready to get Help?

Complete our Free Case Evaluation form and a DUI Lawyer will review your case for Free!

Drinking and driving is a life and death matter in the United States. Did you know alcohol leads to a death every 30 minutes? An alcohol related injury on the road happens every two minutes. Worst of all,  most  DUI charges are for repeat offenders, and the majority of drivers whose licenses are suspended continue driving. Indiana considers drinking and driving violations as OWI, operating while intoxicated. Most states use DUI (driving while intoxicated) or DWI (driving while intoxicated), if not both in certain cases.

How much can you drink before being over the legal limit?
First, the legal limit in all 50 states is 0.08% BAC. BAC stands for blood alcohol content. If you are pulled over in Indiana, you can get a sobriety test. If you are over the limit or obviously drunk, you will be arrested.  The best choice you can make is to not drink and drive, to have someone else give you a ride who is sober, if not taking a cab.

Also, since studies have proven on alcohol’s effects on the body can be different, sometimes even one or two drinks can lead to breaking the BAC limit. A woman of 120 pounds is likely to have a higher BAC than a woman or man of 240 pounds who drank the same amount. Also, if you eat food or drink water, this can lower your BAC in some cases. If you drink on an empty stomach, you have a higher chance for being over the limit. Lastly, it also depends on when you drink and when you decide to drive. While this requires study, the longer you wait, such as staying the night at a friends instead of driving, the better chance you have of being okay to drive later.

Be warned: simply waiting or eating does not make it okay to drink and drive.

What are Indiana OWI penalties?
Indiana considers OWI penalties via the BAC rate of .08%, and also gives license suspensions, fines, and jail time for OWI charges. If you are found guilty the for your first OWI penalty, you can expect an Indiana court to suspend your license for anywhere from 90 days to 1 year.

Habitual defenders are prosecuted further, with much longer license suspensions, fines, and the potential of long jail time. Also, if you hurt someone while drinking and driving, even if it’s your first time, you can expect to lose your license for some time, face even longer jail time, and receive high fines.

What do you do after and OWI?
Hiring an Indiana OWI lawyer can help you with stiff penalties. You need someone schooled in Illinois OWI law, as each state has different definitions. The best method is to simply avoid drinking and driving, as even a .06% rate, which is under the legal limit, doubles your chances of being in an accident.

To hire an Indiana OWI lawyer, search online for firms with experience, who are within your budget, and who can educate you on your choices.

Ready to get Help?

Complete our Free Case Evaluation form and a DUI Lawyer will review your case for Free!