Charged with Drunk Driving?

Get your FREE Case Evaluation Now!

6 Tips on Underage Drinking and Driving Charges

The  sad fact is that minors who get DUI charges are in fact punished even more severely than regular offenders in some cases.

Why? Since the legal drinking age is 21, and alcohol leads to very large numbers of injuries and deaths, states feel underage drinking and driving charges need to be stricter. For one, no matter how much or little you drink, it’s already illegal. If you or a loved one gets pulled over, what happens is a minor cannot show any signs of drinking.

The blood alcohol content (BAC) level is only .02% for minors, so no matter how much you drink, it’s breaking the law. (The normal BAC is .08 for legal drinkers.)

What can you do to avoid charges? What happens  if you do get pulled over? This guide gives 6 tips for underage drinking and driving.

Never Drink

While it may seem tough, when it comes to handling state laws, there is no basis for allowing minors to drink at all If you don’t drink, the problem is gone. If you get caught once and show you stopped drinking, your problems are over only after penalties. You can lose your license, get incredibly high insurance rates, face fines, and will be forced  to appear in court. If you never drink underage, if you wait until you’re legal, you can avoid problems.

If You Do Drink …
Yes, it’s clear minors are going to drink in some cases. If you ever do drink, stay where you are or ask for a ride home from someone who hasn’t drank. While it may be an inconvenience, it’s sure a lot easier than losing your license.

How to Avoid Penalties
If you do get caught, just be honest and make sure you follow all the rules. If you want to avoid major penalties, you need to hire a DUI attorney to help with your case.

Hiring Expert Help

A DUI attorney can help, usually no matter the age. If you feel the breathalyzer test was wrong, that the officer who arrested you acted in error, or that the charges are false in some other way, you need an expert to help plead your case. At the least, you can bargain with the prosecution for lesser charges. In some cases, the charges may be thrown out if mistakes were made in the arrest.

Fighting Your Case
How do you fight the charges? You can plead with the prosecution, point out the officer never read your rights, or even that the tests for alcohol were wrong. If you feel the charges are correct, you still should hire an attorney. First time offenders rarely have to pay high amounts for help in court.

Getting Professional Help
Alcohol abuse is dangerous, and alcohol addiction destroys lives. If you feel you have a problem, it goes beyond this blog’s topic, but you have the right and ability to ask for it.



Ready to get Help?

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










Alcohol Addiction and DUI

Many articles on the subject of alcohol addiction and drinking and  driving do relate the two to each other. Obviously, if you are addicted to alcohol, there is a high probability that you will sooner or later get pulled over and charged with a DUI. Also, drinking alcohol and driving, no matter your tolerance for alcohol, greatly increases the chances you’ll be in an accident. Recent studies have showed how alcohol and driving mix to create dangers for other drivers on the road and yourself.

What is alcohol addiction?
Alcohol addiction is a dependence on drinking. You are addicted to the rush, come-down, or other mind and body change given to you by alcohol. Think of it  this way: not all drug users are drug addicts, but those who must have drugs to just get through the day are clearly dependent. If you cannot go to work without drinking, spend one day without drinking, you may have a problem.

What is alcohol abuse?
Alcohol used in extreme just on occasion is abuse. It’s different than being  addicted, as you do not have a dependency on the alcohol. It makes no difference when you’re pulled over whether you are addicted to alcohol or just had a few too many drinks. No matter what happens, if you drink too much you are a danger on the road and can be  prosecuted.

When can you drink and drive?
There really is no safe way to drink and then drive. It would be nice to say a certain amount, but alcohol is taken into the bloodstream differently from person to person. Just drinking increases your chances of getting into an accident. That makes it wise to simply avoid ever driving after drinking.

What happens to first time offenders?

First time drinking and driving offenders are still penalized, but less so. Even if you’re under age, you can be charged (actually, any alcohol drinking under age is illegal, so you can’t drink one drop). First time offenders can typically end up with a suspended license, fine, and potentially jail time. However, just because you get less penalties does not mean you should risk it. You can get into an accident, and be charged with an aggravated DUI. An aggravated DUI is a stiffer penalty: take the license suspension times, amount  for fine, and jail time for a first time offense and double or triple it.

What happens if you hurt someone?

If you hurt someone while drinking and driving, no matter whether you are an alcoholic or a first time offender, you can be charged with a felony.

What kind of help can you get?
There  are many programs for helping problem drinkers. It may make you feel so invincible you feel you can drive, and  then you are involved in a collision and hurt or kill another driver. Because the dangers are so great, seeking professional help is very wise. While this post won’t say whether or not you should seek counseling, a treatment program, or get involved in addiction programs, it’s clear you are not alone, can get help, and never have to drink and drive again.



Ready to get Help?

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










How Much Does a DUI Lawyer Cost And Why Go for Experience?

No matter the state you live in, drinking and driving laws are strict. No matter whether it’s called driving under the influence, driving while intoxicated, or operating under the influence, you can expect penalties.

However, not all lawyer fees are the same. They depend on the value they give you, but in some cases, it’s the value you don’t get. The problem with DUI law is the time involved in fighting the cases. This creates a higher amount for some cases. Still, for very simple DUI cases, such as first time drinking and  driving arrests, you rarely pay tens of thousands. In more complex cases, it can be more.

Aggravated DUI
Aggravated DUI charges are a term used by many states for felony charges for drinking and driving. For example, you were drinking and  driving, crashed into another car, and hurt or killed someone. You are now walking a very fine line with the law, and can be charged with a felony, a much bigger charge than the typical misdemeanor for the DUI.

How much does it cost? Since you need an experienced DUI attorney, plan on spending a lot of money. There is just no way around it. Fees can sometimes be as high as $10,000-$20,000, especially if you plan on pleading innocent to the charges.

First Time DUI Offender

For first time drinking and driving charges, you can often get out paying no more than $1,000. This varies depending on experience. The idea is you can hire a relatively new lawyer for the case; however, since you may lose you license for a long time, be fined, and face jail time, you might want to hire an experienced attorney who can successfully bargain with the prosecution and fight for your rights.

The Good News on Defense
While pleading not guilty to a charge can be considered unwise because it might cost more, you can technically appeal if mistakes were made. Perhaps you weren’t driving .., you were never read your personal rights (the Miranda warning) … or the officer failed to perform the sobriety test or use the breathalyzer correctly.

When Fees Are too Much
At some point, you have to decide between DUI attorneys with different prices. You may be  inclined to go with the cheaper one. It varies from case to case, but as long as you go with experience, you can be confident. If you feel you were wrongly arrested but can’t prove it, you just may have to bite the bullet and handle the charges.

Know Your Rights
On the other hand, you are innocent until proven guilty. The key is to know your rights, and unfortunately you may not know them until you hire an experienced attorney. Officers are not perfect, do make mistakes, and can often be wrong when it comes to charging you. The fact is known that tests are 1) not always correct and 2) not always performed correctly.

It’s a balancing act hiring  an experienced attorney and fighting for your rights, but if you understand them, you have a better shot.



Ready to get Help?

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










Common Problems in DUI Defense

Your  DUI defense is based on what? Either you’re innocent or guilty. A DUI defense, however, will not be based on exactly what you say, but how you say it, when you say it, and how it reaches the judge or jury.

A driving under the influence (DUI) case is based on how you testify, how you were tested, your background, and the validity of both the officer and the BAC tests.

What’s a BAC?
Blood alcohol content is how your case is often decided. For instance, if you’re pulled over, you admit to drinking some, and you are tested with a breathalyzer, that will be testing your blood alcohol level. Further studies include actually blood tests and sometimes urine tests. Blood tests are by far the most accurate; alcohol is absorbed by your blood, not urine.

What is the limit for drinking and driving?

Every single state in the country uses the BAC level of 0.08 percent. That means if you’re tested and it shows a BAC of .10, you will be charged with a DUI. How do you know if you’ve reached the 0.08% level? Rarely can you be sure. Everyone takes alcohol differently, and no two bodies are exactly the same. It’s best to be conservative and never driver after drinking.

Failed the Breathalyzer
What is a breathalyzer? Most are fortunate to have never seen one, but it’s a simple device designed to test your BAC levels. If you failed the breathalyzer, you will be charged with drinking and driving, called a DUI or DWI in most states.

Refused or Accepted the Sobriety Test
Did you know you can actually refuse to take a sobriety test. First, be clear on what this means. If you refuse a breathalyzer, you can be charged. However, sobriety tests factor in your physical and mental aspects; if you can’t walk in a straight line, if you can’t count backwards, these point to DUIs. In fact, you can pass the breathalyzer and fail the sobriety test. Still, you have the right to refuse the sobriety test at any time. There are no laws stating you have to take it.

Hiring the Right Lawyer

The best defense for a DUI is being honest. Also, hiring the right lawyer can greatly increase your chances of success. Professional DUI lawyers know all the laws, and can plan an effective defense for your case. If you’re charged with a DUI after failing a breathalyzer or blood test, you may think it’s over. You can still fight the charges, including  if the officer had probable cause to pull you over and if the tests were accurate.

If You Can’t Afford a Lawyer
It’s always good to hire a DUI lawyer who can spend a lot of time with you, but sometimes that costs money. Know the laws, but don’t ever represent yourself. At the least, ask the court to appoint an attorney.



Ready to get Help?

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










Why Plead Guilty to DUI?

You admit to the officer you’ve been drinking, and she asks how much you drank. You answer, and she says you’ll have to take a breathalyzer and a sobriety test. Then, you fail the breathalyzer, or you pass it and completely fail the sobriety test.

Many mistakes are being made in these examples. It’s not wrong to admit you’ve been drinking, but there is a fine line when it comes to answering questions you may have to fight in court. Yes, you can admit to drinking, but 1) just because you fail a breathalyzer does not mean your guilty, 2) the officer has to follow the  law too, and 3) you do not have to take sobriety tests.

An effective defense against DUI  is often  bargaining with the prosecution for a lesser charge. In other ways, you can show the judge or jury enough doubt about the case to make it tougher for the prosecution to win with full charges.

Why can the breathalyzer be wrong?

Breathalyzers can be wrong. The most effective test  for BAC (blood alcohol content) is in fact not the breathalyzer which any officer can give, but the blood test. Alcohol goes into your blood and that’s the best way to test for it.

Breathalyzers can vary in accuracy from person to person. It is clearly not an exact science. The breathalyzer tests blood alcohol from exhaled air, which is then multiplied greatly to get an estimate. If it sounds flawed, that’s because it’s simply the most convenient test for officers on the road. Yes, it is accurate much of the time, but it often does not stand in court without further evidence. Breathalyzer tests have been proven to be wrong in many cases. Just because you fail one does not mean you should plead guilty.

Why not take a sobriety test?

Also, if you plead guilty based on a sobriety test, it’s a mistake. If you fail both the breathalyzer and sobriety test, you still need not necessarily plead guilty. Why? Quite simply, sobriety tests are optional, and some officers perform them incorrectly. So we now know breathalyzers and sobriety tests can be inaccurate.

What mistakes can the officer make?

The officer can pull you over without probable cause. He or she might pull you over based on how your car looks or more often how you look. This is against the law, “profiling” suspects before they’ve done anything wrong. Also, if you choose to take a sobriety test just to prove your not drunk, the officer may  not perform it accurately. Another way officers make mistakes is never reading your rights, the Miranda.

When should you plead guilty?
There are cases where pleading guilty to lesser charges is definitely smart. However, never make this decision without the counsel of a DUI lawyer. You need someone who has years experience in handling cases just like yours. Never, ever plead guilty without consulting a lawyer.



Ready to get Help?

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










Arrested For DWI In Arlington, Texas? You May Need A Lawyer

Drivers in Arlington and through out the Dallas/Fort Worth Metroplex may be arrested for driving while intoxicated or DWI if they have consumed any amount of alcohol or drugs and they are not able to operate a motorized vehicle with normal use of their mental or physical capabilities. Drivers may also be arrested for DWI if their BAC or blood alcohol concentration is 0.08% or higher. Arlington drivers who are under the age of 21 can also be arrested for driving while intoxicated (DWI) if their BAC is 0.02% or higher.

Drivers in the Dallas area including: Arlington, Plano, Frisco, Fort Worth, Bedford and Carrollton drivers can all face severe DWI penalties if they are convicted of DWI. DWI penalties in Texas can include high fines, jail time and probation. Hiring an Arlington DWI lawyer is the best way to avoid stiff fines and DUI penalties and potentially move on with your life. No Arlington DWI lawyer can guarantee they can get DWI charges reduced or dismissed, but they can dedicate themselves to developing a strong DWI defense for you.

Call an Arlington DWI attorney for information about current Texas DWI laws. Texas DWI laws can be complicated and unless you have complete understanding of the DWI penalties you are going to receive if you are convicted of DWI in Texas, it is a good idea to talk to a DWI lawyer in Arlington before deciding whether or not to plead guilty to DWI.

DWI Penalties for Arlington Drivers

DWI laws vary from state to state. Many states use a wide variety of terms to describe DWI including DUI (driving under the influence), OWI (operating while impaired) or DWI (driving while impaired). Regardless of the name, the penalties for drunken driving are severe in every state and are periodically updated by the state legislature. Arlington drivers should talk to their own DWI lawyer about the DWI penalties they can receive if they are convicted of DWI in Texas.

First DWI Conviction in Arlington

Class B Misdemeanor

  • Arlington drivers are required to pay a DWI fine up to $2,000.
  • Arlington drivers must perform a minimum of 24 hours and up to a maximum of 100 hours of community service.

Second DWI Conviction Arlington

  • Arlington drivers can be ordered to install an Ignition Interlock Device in their vehicle.
  • Arlington drivers must pay a DWI fine up to $4,000.
  • Arlington drivers can be sentenced to a minimum of 72 hours and up to a maximum of 1 year in jail.
  • The court may require drivers to perform a minimum of 80 hours and up to a maximum of 200 hours of community service.
  • The courts may suspend a driver’s license for at least 80 days but for no less than 2 years.

Third DWI Conviction in Arlington

Third Degree Felony

  • Arlington drivers can be required to pay DWI fines up to $10,000.
  • Arlington drivers may be required to spend a minimum of 2 years in prison and up to a maximum of 10 years in prison.
  • Drivers must install an Ignition Interlock Device in their vehicle as a condition of their release or bond.
  • The court will require drivers to perform a minimum of 160 hours and up to a maximum of 600 hours of community service.
  • The court will suspend an Arlington driver’s license for a minimum of 180 days up to a maximum of 2 years.
  • The court may also require drivers to complete an alcohol or drug treatment program.

Hiring an Arlington DWI Lawyer

Under Texas Implied Consent Laws, Arlington drivers have given their implied consent to submit to a chemical test of their breath, blood or urine. Refusing to submit to a chemical test can allow the state to suspend a driver’s license. Arlington drivers have 15 days from the date of their DWI arrest to challenge their license suspension. If you have had your license suspended, a DWI lawyer in Arlington can schedule the hearing and represent you at the hearing. In some cases the court will reverse the suspension or allow an Occupational Driver’s License to be issued to the driver.

Hiring an Arlington DWI attorney is always a good idea if you do not have a complete understanding of Texas DWI laws and the penalties you could receive if you are convicted for DWI in Texas. DWI lawyers can review every aspect of your DWI case and answer your DWI questions. DWI lawyers in Arlington can defend you through out the entire Texas DWI criminal process.



Ready to get Help?

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










How Breathalyzers Effect New York DWI Defense

Breathalyzers effect all states DUI and DWI cases.

The problem is that sometimes they can be inaccurate, especially because they are actually a breath collecting devices which the officers will adjust for accuracy.

That means they can be falsely positive. While considered rare, it happens. There are other downfalls of how DWI cases are based. Breathalyzers are just one potential mistake.

The officer could make a mistake.
You could not have been driving the car.
An actual BAC (blood alcohol content) test could prove you were not over the limit upon further study.
A sobriety test could have been incorrectly performed.

What is a breathalyzer?
The breathalyzer is a device used by officers in New York state and other states for testing drivers BAC levels. Say for example you drink 5 beers and get behind the wheel, drive, and start swerving in the lane or run a red light. At this point, the officer has probable cause to pull you over. The breathalyzer is a device used with punishment for denial; if you refuse to use it, you likely face charges.

The breathalyzer works like this. It has three sections — one for collecting your breath, one part chemical system sensitive to alcohol, and the final part a scientific test for testing photo cells. All that really matters there is how the BAC is come to. You blow out, the breathalyzer collects your breath, and then it’s up to the officer to test your alcohol levels.

Are they wrong?
Yes, they can be wrong. They are correct the majority of the time, but just as not every scientific test in school usually goes through several phases for accuracy, the breathalyzer is often used in conjunction with other forms. If there is no other guideline for your arrest, you have a chance at DWI defense. The officer can in many cases get a false positive.

What matters in New York?
In New York, drinking and driving is called DWI (driving while intoxicated). Breathalyzers are very common across the country, and in New York. If you are pulled over here, you need professional counsel on how to handle the situation.

How do you defend in court?

If you are charged with a New York DWI, you need an experienced attorney to fight your case. Yes, it is possible to defend yourself, but rarely worth taking the chance. New York law means you face a fine,  license suspension, and potential jail time just for your first charge. If you get further charges, you might face felony charges.

To defend in court, a professional lawyer will make his or her point on things like the validity of the breathalyzer, how others tests were used, and how the officer acted.

Juries and sometimes even judges can put aside breathalyzer tests, but usually only when the tests are close. If you are clearly far over the legal limit, few judges and juries will believe your case completely.

On the other hand, how the officer acted in your arrest isn’t to be overlooked. An experienced New York DWI attorney can fight your case if the officer had no probable cause to pull you over, if they never read you your rights, and even the validity of any sobriety tests.



Ready to get Help?

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










Steps to Take After a Detroit DUI Arrest

Michigan considers drinking and driving to be a DUI (driving under the influence), and like many states has a history of penalizing drivers who get behind the wheel, drive, and break the law by putting others in jeopardy. There is no easy way to put it: drinking and driving is incredibly dangerous. The odds of you getting into an accident after drinking and driving can double.

For Detroit residents, DUI laws are designed to protects citizens on the road. The good news is, even if you drink and drive, you can fight for your rights. If you believe the officers were improper in the arrest, for example, you have the right to fight your case.

What are the Michigan DUI Laws?
If you are charged with a DUI in the Detroit area, you will be penalized in court. Detroit is really no different than other cities of the state, but the fact it’s the largest city in Michigan and how many are endangered by drinking and driving make it tough to fight. You need an experienced Detroit DUI attorney who knows the laws we are going to explain.

The Michigan DUI laws are based on the same BAC (blood alcohol content) levels. If you are pulled over and your BAC is tested using a breathalyzer to be over .08 percent, you will be arrested and face DUI charges.

How does the Detroit officer know to pull you over? It may be pretty obvious to everyone but the driver. If you weave within your lane, wander between lanes, run off the street, stop too quickly or slowly, speed in excess, or even go through a stop sign or red light, you can be pulled over. There are other ways an officer can see you’ve been drinking, but these are the most common and what the police look for.

What are the penalties for a Michigan DUI?
You will first be arrested during the arrest. This is the same in all 50 states. You will not, of course, be allowed to just drive home. Once you are allowed to leave jail or post bail, you will appear in court within 77 days. This is the limit; it will be no later than 77 days.

You will also immediately have your driver license suspended for a mandatory six months. If you are pulled over in Detroit, fail a BAC test, you will automatically lose your license no matter what. In some cases, you can appeal for a lesser suspension — an experienced Detroit DUI attorney can help with that.

What if you get multiple DUI charges?
Michigan has a law where if you are pulled over a second time you automatically spend time in jail. So if you’re caught driving in Detroit drinking and driver, and then later you are caught again, you typically spend time in jail or at the least do community service.

If you get three DUI charges in your lifetime, it’s considered a felony, a much harsher charge. If you hurt someone while drinking and  driving, it can also be a felony.

What do you do after a Detroit DUI?

All are innocent until proven guilty, and you will have your day in court. Since the laws and how you plead are complex, you should immediately hire a Detroit DUI attorney after even a first charge. You can typically negotiate with the prosecution for a lesser charge. If you feel your arrest was incorrect, that you were not over the legal BAC limit or for some other reason, you can also fight with an attorney’s help.



Ready to get Help?

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










What Happens During A Field Sobriety Test In Fort Worth

Fort Worth police officers have several methods they can use to gather evidence a driver is driving while intoxicated (DWI) in Fort Worth, Texas. Observation of erratic or illegal driving actions, the physical characteristics of the suspect and a field sobriety test can all provide invaluable information about a driver’s sobriety. Combined together this information may give the arresting officer probable cause to arrest a driver and charge them with DWI.

Drivers may be charged with DWI in Fort Worth if their BAC or blood alcohol concentration is 0.08% or higher or their driving is impaired from consuming alcohol or drugs. Fort Worth drivers may be impaired and unable to drive safely with out reaching the illegal BAC limit.

The field sobriety test, standardized in the late 1970s by the National Highway Traffic Safety Administration (NHTSA), is comprised of three tests: the horizontal gaze nystagmus, the walk and turn and the one leg stand. The field sobriety test has been used for the last forty-years by officers through out the United States including Fort Worth, Texas. The field sobriety test is a valuable tool for identifying intoxicated drivers, but it is not infallible. Fort Worth drivers who are fatigued, over-weight, elderly or not physically fit may all have difficulty completing the test.

Hiring a Fort Worth DWI lawyer

If you have failed a field sobriety test in Fort Worth, a Fort Worth DWI lawyer should be contacted. A DWI conviction in Fort Worth carries harsh penalties, and drivers, who do not have adequate legal representation, may be forced to pay high fines, spend time in jail or have their license suspended. Fort Worth DWI lawyers understand the complexities of Texas DWI laws and can help drivers fight their DUI charges.

Horizontal Gaze Nystagmus

Fort Worth police officers can use the horizontal gaze nystagmus or the HGN test to measure the “congenital or acquired persistent, rapid, involuntary, and oscillatory movement of the eyeball”. Drivers who are unable to follow a pen or a small flashlight as it moves slowly in front of their face with a coordinated and smooth motion may have consumed alcohol or drugs. Scientific studies have indicated intoxication can lead to exaggerated, jerking motions of the eye. Unfortunately, some drivers who have to take certain medication or who have a congenital eye defect may also have trouble completing the test. The NHTSA has stated this test, if done correctly, can have an accuracy rate of 88%.

Walk-and-Turn

Fort Worth police officers may also have drivers complete a walk and turn test to test their sobriety. The walk and turn test requires drivers to walk, heel to toe, with their arms at their sides, down an imaginary or real line for nine steps, turn and walk back- all with out falling, swaying or raising their hands. Police officers will notice if a driver loses their count, takes a misstep or stops before completing the test. Drivers who make a mistake on multiple test components may be intoxicated. Fort Worth police officers should give clear instructions before the driver attempts the test and the test should be done on a flat, hard surface.

One-Leg-Stand

Fort Worth police officers may have the driver complete a one leg stand as the final part of the Fort Worth field sobriety test. Drivers are asked to stand straight, arms to their side, head straight and raise one of their legs approximately 6 inches from the ground while either the driver or the officer counts a loud. If the driver is unable to hold their leg up and maintain balance, they may fail the test. The NHTSA has estimated the accuracy of this test is approximately 83% if the driver fails several of the test components.

Hiring a DWI lawyer in Fort Worth, Texas

Refusing to submit to a chemical test or failing a field sobriety test are both two good reasons to contact a DWI lawyer in Fort Worth, Texas. Field sobriety tests can be a good tool for police officers to establish probable cause for a DWI arrest, but drivers who are taking certain medications, extremely fatigued, more than 50 pounds overweight or who have other physical limitations may have trouble completing the test. In some cases the subjective conclusions of the arresting officer may have been incorrect.

Fort Worth DWI lawyers handle hundreds of DWI cases each year and can review every aspect of the DWI arrest. If you have been arrested for DWI in Texas, do not despair. DWI lawyers understand Texas DWI laws and can get you the help you need.



Ready to get Help?

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










How Do Police Know You’re Drinking and Driving?

There are many common factors involved in a police officer discovering a driver who’s been using drugs or alcohol.

How do you know if you are over the limit? How can police officers tell if you’re under the influence of drugs or alcohol? What happens if you’re pulled over? And what should you do if you’re arrested?

This blog post puts it all together so you can know the dangers of drinking and driving, how to avoid driving at all while under the influence, and how to handle the legal repercussions.

How do you know?

The BAC (blood alcohol content) level technically is .08% for every state in the U.S. However, you also can use some common sense. It doesn’t matter, in some cases, if you’ve had ten drinks or one. People are each effected differently by alcohol. A 250 lb man who drinks one beer may be fine, while a 110 lb college student who has half a beer can be a danger on the road. You can’t ever truly know, and it would be wrong to say, “you can drink this much” as it’s subjective.

If you do drink, the best decision you can make is to not drive at all — to get a cab, call home for a ride, or use a designated driver.

How can officers tell if you’re under the influence?

If you’re drinking or using drugs, it greatly increases the chance you’ll be in an accident. A recent study pointed out you’re much more likely to be in an accident after drinking than if you had nothing to drink. It does make sense.

If an officer suspects you’ve been drinking, he often notices your driving first. Profiling based on other means — pulling someone over who appears suspicious or who is a minority — is illegal.

However, if you weave from lane to lane, hit the side of the road, go between one lane and another, stop and start quickly, and especially go through stop signs and red lights, these are red flags to officers. You will likely be pulled over.

In some cases, it does not mean you are over the limit. You may be fine. However, if the officer gives you a breathalyzer and you fail, you will be arrested. If you pass the breathalyzer but are clearly drunk, as some people are effected differently, you can be given different sobriety tests and still arrested. Also, if you are under age and clearly have been drinking, even if you aren’t over the BAC limit, you can be charged.

What should you do if you’re arrested?
If you’ve been arrested for a DUI, you need a lawyer. It might be hard to remember during the event, but you want to follow all laws and pretty much say nothing. How the officer acts, if he or she gives you a Miranda, and their explanation on why the pulled you over can be used in court.

Most DUI cases result in charges. That means you need to negotiate with the prosecution. If you receive multiple DUI charges, most states consider that a felony (or aggravated DUI) and you can expect big penalties.

Who do you hire?

You can find many DUI lawyers online and in the yellow pages. Though this experience is never easy, if you hire an experienced lawyer it can save you a lot of time and worry.



Ready to get Help?

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










Older Posts »
Google-Translate-English to Spanish