Charged with Drunk Driving?

Get your FREE Case Evaluation Now!

Michigan DUI Penalties, Laws, Limits, and Definitions

If you’re ever pulled over after drinking in Michigan, you should know how the state enforces DUI laws. Michigan considers drinking and driving as a DUI, driving under the influence, while some other states use DWI, driving while intoxicated. The words have no difference, but what is different  is how Michigan courts handle DUI charges for individuals.

First, what happens if you do get pulled over? You might have prior convictions and no license, which means you’ll be arrested. You might have been drinking some with friends prior to getting in your vehicle, and hurt someone while driving; this would have some of the worst penalties you get for DUI in all states including Michigan. Or maybe you just got pulled over on a bad day, but feel the officer didn’t handle your arrest correctly.

What are your options after a DUI?

1-Hire a DUI lawyer
2-Plead your case
3-Don’t make the same mistake again

Hiring a Michigan DUI lawyer is quite important for any time when you’ve be arrested for a DUI. No matter the circumstances, you need professional counsel to walk you through the process. And if you’re facing major charges, such as felony charges, you cannot do without a Michigan DUI lawyer who can plead your case.

Sometimes you just make a mistake. The trick is not to make the same mistake again. In every state in the U.S., the more driving under the influence charges you get the worse the penalties are. So what are the penalties for a Michigan DUI?

Limits
First, you should know the limit for Michigan is the same as all other states–0.08% or over is a DUI. If you’re under 21, you get pulled over, and have an alcohol level of over 0.02%, according to the “zero tolerance” law, you can be charged.

Definitions for DUI
BAC is blood alcohol content, the 0.08% number. Zero tolerance is a law used across every state which targets drivers under the legal drinking age. Michigan also uses the “implied consent” law, where if you refuse to be tested for BAC, your license can be suspended and you face other penalties.

Penalties for Michigan DUI Charges

Michigan penalties vary depending on the nature of the DUI offense, if you are a repeat offender, and if you hurt someone. If you frequently get DUI and/or drive with a suspended license, you can expect jail time. The same is the case if you hurt someone while driving under the influence of alcohol.

For your first DUI offense, you can expect a 6 month license suspension,. as well as both education and treatment assessment. For a second offense, your license can be suspended for 1 year or more, you are again forced to take alcohol education and treatment, your vehicle can be confiscated, and you can expect to use a Ignition Interlock Device when you do get your license back. For a third offense, the penalties all get stiffer. You can typically expect jail time, extended license suspensions, and harsh fines.

In any case, you’ll need a DUI lawyer to help .The best thing you can do is to be safe and never drink and drive. It’s just not worth it.



Ready to get Help?

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










Consequences of a DUI Arrest in Utah

A DUI conviction in Utah can have severe consequences for a Utah driver. Utah DUI laws can be complicated. It may be a good idea to contact a Utah DUI lawyer. Hiring a DUI lawyer can make a difference in the type of penalties which may be assessed against a driver. DUI lawyers can review the driver’s DUI charges and help determine the best course of action for the driver.

Depending on whether it is the driver’s first, second or third DUI charge, they may be facing severe penalties including:

  • Increase insurance cost
  • License suspension
  • High court costs and penalties
  • Mandatory installation of an Ignition Interlock Device
  • Mandatory attendance in a drug and alcohol rehabilitation program

Utah DUI Laws

Utah drivers can be arrested in Utah if they are driving under the influence (DUI) of drugs or alcohol or the combination of these substances to a degree that the driver is unable to safely drive or operate the vehicle.

Drivers can also be arrested and charged with DUI if their blood alcohol level (BAC) is 0.08% or higher. If a driver’s BAC is over the legal limit they do not have to exhibit any physical or mental impairments to be arrested.

A Utah police officer may stop a driver for any type of driving infraction or if they believe they are intoxicated. The police officer begins gathering evidence for the DUI before the stop by observing common infractions such as swerving, driving the wrong direction or driving too slowly. After the stop, the officer can give the driver a field sobriety test which can include asking them to walk a straight line, recite the alphabet or count backwards. After the field sobriety test, the officer can make a subjective decision about whether or not the driver is intoxicated and ask them to submit to a chemical test.

Under Utah’s driving laws, drivers have given their implied consent to submit to a chemical test which will test their breath, urine or blood. Drivers who refuse to take the test can have their license suspended for 18 to 36 months.

Penalties for DUI in Utah

Penalties assessed against a Utah driver charged with a DUI may vary. A DUI lawyer can provide specific information about your DUI case. General information is provided below for Utah DUI penalties.

First DUI Offense

  • Required to spend a minimum of 48 hours in jail or potential 48 hours of a work service program or home confinement
  • Required to pay a minimum $700 in fines and penalties
  • Mandatory license suspension for 120 days
  • Potential home confinement with electronic monitoring
  • Potential alcohol abuse screening, assessment, education and treatment programs

Second DUI Offense

  • Required to spend a minimum of 240 hours in jail or potential 240 hours of a work service program or home confinement
  • Required to pay a minimum $800 in fines and penalties
  • Mandatory license suspension for 2 years
  • Mandatory Ignition Interlock Device for 3 years if the DUI conviction is with in 10 years of the previous DUI conviction
  • Potential home confinement with electronic monitoring
  • Potential alcohol abuse screening, assessment, education and treatment programs

Third DUI Offense

  • Required to spend a minimum of 1,500 hours in jail
  • Required to pay a minimum $1,500 in fines and penalties
  • Mandatory license suspension for 2 years
  • Mandatory Ignition Interlock Device for 3 years if the DUI conviction is with in 10 years of the previous DUI conviction
  • Supervised probation
  • Potential alcohol abuse screening, assessment, education and treatment programs

Hiring a Utah criminal defense lawyer

DUI penalties vary from state to state; hiring a Utah DUI lawyer who understands Utah DUI laws is very important. DUI lawyers may offer a free initial consultation to review a driver’s DUI charges so there is no cost for the driver to wait to make a decision about their plea. Talking to a DUI attorney is critical if the driver has multiple DUI convictions or the driver has injured or killed another person. Drivers who have multiple convictions could be facing license revocations, high penalties and long prison sentences.

Common mistakes after a DUI

Many drivers make simple mistakes which can jeopardize their DUI case. If you have been arrested for DUI here are some things to do:

  1. Talk to a DUI attorney as soon as possible to have your DUI case evaluated.
  2. With the help of your Utah DUI lawyer, request your DMV hearing with in 10 days of your DUI arrest.
  3. Do not pretend that you were not arrested and do not put off calling a DUI lawyer.
  4. Do not plead guilty until you fully understand the DUI laws which are applicable to your DUI case.
  5. Do not have unrealistic expectations about your case.
  6. Make sure you understand your fourth amendments rights and how they may apply to your DUI case.


Ready to get Help?

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










Tips On Beating a DUI Charge

If you are arrested for a DUI or DWI, driving under the influence of drugs or alcohol, you may be interested in fighting the case for a number of reasons. Maybe the breathalyzer was wrong, which does happen. Maybe you were not driving. Maybe you face jail time. Or maybe you believe the officer did not do the arrest properly, such as not giving you a Miranda.

This guide gives key tips on how to fight a DUI charge. First, let’s talk about how the court hearing will work, where you plead your case in front of a judge.

The Arraignment for a DUI
This is where you will be entering your plea of not guilty or guilty. It’s smart to have an attorney from the very beginning. You will be set on bail and in most cases for your first offenses you’ll be released after the arraignment.

Since you are asked to enter a plea, you may be worried if you want to change your mind. Say for example you enter a plea of not guilty, and you want to fight the charge. After discussing it with your DUI lawyer, you see problems in your story and maybe you were in the wrong. In any case, you can change your plea differently later.

One other important note is that, during this arraignment, if you’re being charged with prior DUIs, you should deny these. Why? If you challenge them, your attorney can fight them later and likely help your case if charges are made.

Options After the Arraignment
You can plead guilty as charged, plea bargain for a reduced charge, and also choose between asking for a trial by a judge or having a jury.

Fighting The DUI Charges

If you plead not guilty to DUI charges, what are your chances? It depends on the situation. You simply must have a DUI lawyer if you intend to fight the charges. Why? A specialist in DUI law can save you from making big mistakes and losing the case.

If you fight the charge of your DUI, saying perhaps you had drank some but weren’t over the limit, you must offer the judge or jury proof of this in some way; this can be an incorrect breathalyzer test. It depends on how you were tested for BAC, blood alcohol level. The legal limit in all 50 states is 0.08% and above. If you are very close to that, if the officer tested you at 0.085 for example, or 0.09, you have a good chance of questioning the validity of the charges. If on the other hand you tested very highly, most judges and juries will question your honesty in fighting the charges. This means if you get  a 0.012 or higher, you’ll have a tough time convincing anyone your innocent.

Hiring a DUI Lawyer
Before you do any plea bargaining or fighting, make sure you hire a lawyer who specializes in DUI law. He or she can tell you more about your exact chances. It’s simply a must if you intend to fight DUI charges. Since not all tests are always accurate, especially in terms of testing blood alcohol levels, and since some officers do not follow protocol completely, a lawyer might be able to force the prosecution to make a deal or even drop the case against you.



Ready to get Help?

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










Understanding Texas DWI Laws

If you have been arrested for a DWI in Texas, it is important to contact a Texas DWI lawyer immediately. This is no time to try and handle things yourself. A DWI can have long-term legal consequences. If you are charged with a crime it can drastically affect your future. Community service, fines, probation or a jail sentence are all real possibilities without the right DWI attorney.

DWI lawyers will provide an initial review of your DWI charge and in most cases, the first appointment is free. DWI lawyers understand Texas DWI laws are more likely to get you a favorable outcome in your DWI case. A DWI attorney can help research your DWI incident, prepare your DWI case and help file any necessary DWI paperwork. If you are convicted of a DWI you could face:

  • Penalties and fines
  • Potential jail time
  • An increase in your insurance cost
  • Driver’s license suspension

For a DWI in Texas, call a DWI lawyer. We may not be able to eliminate all of the expense and inconvenience of the drunk driving arrest, but we can help.

What is a DWI?

Texas DWI laws define a person as legally intoxicated if they do not have the normal use of their mental or physical faculties due to drugs, alcohol or a combination of both substances. Intoxication also can occur if an individual has a blood alcohol concentration of 0.08 or more.

Penalties for DWI in Texas

  • First offense- An individual can be convicted for a DWI if the state can prove they have lost their physical or mental faculties or their blood alcohol level is greater than 0.08. The first DWI offense is considered a Class B Misdemeanor and carries penalties of up to 180 days in jail and a fine up to $2,000. The proceedings are generally held in the County Court. Community service will be assessed for at least 24 hours but not to exceed 100 hours.

  • Second offense – If an individual is arrested a second time for a DWI, there must be a condition of release ordered by the court. This can include installing a deep lung machine on the car. Additionally, a fine up to $4,000 is required, jail confinement of no less than 72 hours or more than one year of community service. A judge can require the offender to serve at least 80 hours of community service but no more than 200 hours. The offender may also have their license suspended for at least 80 days but less than two years.
  • Third offense – If an individual is convicted of DWI for a third time it is considered a third degree felony. They can be fined up to $10,000 and confined to prison for two to ten years. After conviction and release from prison, a deep lung air device is usually ordered as a condition of bond or release. Community service must also be completed for 160 to 600 hours and their driver’s license is suspended for 180 days to 2 years. The judge may also order a variety of alcohol treatment programs.

Common Questions about DWI arrests

  • Do I need to hire a Texas criminal defense lawyer?

You should hire a Texas defense lawyer as soon as possible. A hearing request must be scheduled within 15 days of your DWI arrest. Failing to schedule the hearing or hire an attorney will waive your rights to fight against a license suspension.

  • What do I do if my license is suspended and I need to get to work?

Most Texas defense lawyers can help get you an Occupational Driver’s License even if your license has been suspended. This type of license will allow you to travel to and from your job.

  • What is the difference between DUI and DWI in the state of Texas?

Not all states use the same terms, but in the state of Texas driving while intoxicated means a person is operating a motorized vehicle while intoxicated by drugs, alcohol or a combination of both. Texas law uses the term DUI or driving under the influence to define an offense for anyone under the age of 21. If anyone under the age of 21 is operating a motor vehicle and an officer detects alcohol, they could be charged with a DUI.



Ready to get Help?

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










Why You Need a DUI Attorney

Getting a DUI charge often seems like the end of the world.

You expect to lose your license, to be fined for thousands of dollars, and if you hurt someone, face serious criminal penalties beyond suspensions and fines.

After all, drinking and driving is the cause of tens of thousands of deaths just in the U.S. every year. People get behind the wheel when they shouldn’t and find themselves facing serious criminal charges for hurting another driver in an accident.

Which begs the question, if this is your first offence and you have a clean record, do you need a DUI attorney to help you? Would a DUI attorney be  able to get you out of this situation? If you hurt someone, will having professional counsel really help that much?

In some cases, you just might be able to plead your case in front of a court without a DUI attorney. However, think about it this way: would you operate on your heart by yourself, or ask a doctor to do it?  Unless you have extensive legal experience, you won’t know how to plea, how to handle judges, how to fight against license suspension and other charges, how to make your case for not being under the influence, and so on.

You can also ask for a court appointed attorney if a DUI lawyer is beyond your financial means.

If this is your first DUI offence, you might be okay without professional counsel. In most cases, unless you plead not guilty, the ruling is pretty straightforward. Your license is usually temporarily suspended and you get fines. You would have to study on DUI law yourself or ask a lot of questions to people who know the laws; every state handles the case differently except for the blood alcohol level limit of 0.08%.

If this is your second or third DUI, or you hurt someone, or if  you want to fight the charge, you cannot do without a DUI attorney.  You simply cannot handle a case involving possible jail time and permanent license suspension all by yourself. You might be without the money to pay the attorney, but many are willing to set up payment plans and offer discounts to clients on an as needed basis. You really can’t afford not to have a DUI attorney if you’re facing multiple DUI or aggravated DUI cases.

How Do You Hire a DUI Attorney?

You want a DUI attorney who specializes in all the different laws of the state. If you’re in New York, for example, you wouldn’t hire a New Jersey attorney; you’d want one who has more experience in handling judges and DUI offenses in New York.

You want an attorney who specializes in DUI law. There are many, including the owners of this blog, who can help you specifically with DUI cases where you face possible jail time, license suspension, major fines, and other penalties.

Lastly, don’t be afraid to ask a lot of questions and shop around. If you can find a DUI attorney who’s willing to work with you on fees and who has the knowledge, consider them one of your best options.



Ready to get Help?

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










Facing DUI Related Accidents In Pennsylvania

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 Pennsylvania, there were 556 deaths attributed to alcohol which represented 36% 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 Harrisburg, Lebanon, and Carlisle, Pennsylvania.

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 Pennsylvania 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 may need a legal professional to help advise you on what to do and how to protect yourself. Contact us and we will help you find an attorney in the area where you live that can help you face your DUI charge..



Ready to get Help?

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










How Your Drivers License Can be Suspended for DUI or DWI

If you or someone you know recently had a DUI (driving under the influence) also called DWI (driving while intoxicated) in some states, you likely face drivers license suspension. There are a variety of ways to  get pulled over under suspicion, get the DUI , and to defend a DUI arrest. Let’s go over how you get the DUI.

First, it depends on how you and the officer handle the DUI. It varies depending on whether you refused a breath, urine, or blood test for alcohol; if your blood alcohol level was 0.08% or more; and if you have prior convictions for a DUI.

For instance, all states consider a second or third DUI offense cause for stiffer penalties. If you get pulled over frequently, you not only will get your drivers license suspended, but also face fines and potentially jail time. The worse it gets the worse the result.

If you refused a blood, urine, or breath alcohol test, many states have laws in place to punish you for that. This is called the “implied consent” law, where you are required by the police to take the test, and if you don’t you face license suspension in some cases, if not stiffer penalties. Usually you can expect an immediate drivers license suspension of 3-12 months, and other penalties. Also, even if you fought the case and won, the implied consent law allows for your license suspension to run its course.

How Do You Fight License Suspensions for DUI?
Fighting against DUI cases involves a variety of strategies. It’s best to immediately hire a DUI lawyer, as handling your own case rarely works out. If you cannot afford a professional DUI lawyer, ask the court to appoint a lawyer for you

Since the penalties for DUI violations are strict in every U.S. state, there are many strategies in fighting them. The prosecution makes it’s own case based on what happened, focusing on the fact you are the person being charged with driving a vehicle while “under the influence” of alcohol. You were drinking and driving, in other words.

The defense for DUI involves questioning the prosecutions case. You might argue you were in fact not driving the vehicle; it may have been parked and you had been drinking. In this case, you might be waiting in a store parking lot for your husband or wife, and the officer charges you.

If the officer had no “probable cause” for pulling you over, you can also fight that. You can challenge the arrest based on the facts the officer uses; if they seem to lack enough to be a DUI charge, it can help your case.

Another strategy involving the way the officer arrested you for a DUI is that if he or she did not give you a miranda warning–the classic “you have the right to remain silent” requirement all officers must use. If there was none, you can fight on that fact.

Fighting License Suspensions

Beyond fines and jail time, you often lose your license for 3-12 months for a DUI arrest, often more after a second and third arrest. Since it can be difficult to get your license back in a short amount of time, fighting the case in court is even more important. However, the problem is that these cases are often hard to fight, as DUI arrests are very common and many judges are not lenient.

In any case, you should hire a professional DUI lawyer to fight for your rights. A DUI lawyer can help fight license suspensions or get your your license back.



Ready to get Help?

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










Penalties for DUI Charges in Illinois 2010

DUI penalties are never good, as every state in the U.S. is stiff on penalizing drivings who even make  one mistake. And if you get a DUI charge more than once, you can expect jail time, prolonged suspensions for your license, and more.

The state of Illinois considers driving under the influence (DUI) as operating a motor vehicle while impaired by alcohol or other drugs. As with all 50 states, Illinois considers the blood-alcohol concentration limit to be 0.08 or more.  It used to be .10, in fact, but was changed in 1997.

Alcohol levels vary for each person. Some reach the limit of 0.08% far earlier than others, while others can drink more and not get over the limit. In either case, it’s safer to get a designated driver.

Typically, the blood alcohol level is tested based on the ratio of alcohol in the blood or breath. The two most common tests, blood and breathalyzer tests, are used in the State of Illinois.

Also similar to other state laws, Illinois determines 1) the amount of alcohol consumed and 2) the rate it was absorbed the the body. Other factors include gender, weight, alcohol tolerance, and food consumed.

Now let’s go over the key penalties for DUI offenders.

First offense is considered a Class A misdemeanor, which includes punishment of up to 1 year imprisonment, fines up to $2,500, revocation of driving rights for at least 1 year (2 years if under 21), and suspension of vehicle registration. There is more to note. If the blood alcohol level was .16 or more, twice the legal limit, additional penalties for fines and community service are included. If you committed these offenses while transporting someone under the age of 18, you also face additional stiff penalties.

Second offense
is considered a Class A misdemeanor as well, with the same possible imprisonment time and fines. However, in addition to this, you can lose driving rights for a minimum of 5 years if this conviction is within 20 years of your first. If you committed this while driving someone 16 years of age or younger, it’s considered an aggravated DUI and has stiffer penalties. If you were unfortunate enough to get in a crash and  the young person was hurt, it’s considered a Class 2 felony with up to 7 years in prison and fines up to $25,000.

A third offense
is considered a Class 2 felony the the state of Illinois. This means you can face imprisonment  for up to 7 years, and fines up to $25,000. Also, your driving rights will be taken away for a  minimum of 10 years.

The further you go, the worse the penalties get. For instance, a fourth conviction can lead to loss of driving privileges for the rest of your life.

Clearly, Illinois DUI penalties are harsh, but the rate of crashes involving alcohol make these laws important. However, you still have a right to defend yourself if you get pulled over, especially if you feel you the arrest was in the wrong. For expert help, hire a professional Illinois DUI attorney.



Ready to get Help?

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










« Newer Posts
Google-Translate-English to Spanish