If you have been arrested for drunk driving you may wonder what evidence the police needs to make a drunk driving arrest and get a drunk driving conviction. Recently on our DUI forum we had a user ask, “Will the charges be dropped for my drunk driving arrest if I have a video which shows the police did not ask me to submit to a breath test and they never read me my Miranda Rights?”
If you have been arrested for drunk driving you may be wondering if it’s possible to get the DUI charges dropped or dismissed. The first step to getting a DUI dismissal is to hire a DUI lawyer who can review the DUI arrest records.
Operating a motorized vehicle with a blood alcohol concentration above 0.8% or higher is illegal in every state. Recently on our DUI forum we had a driver ask, “If I have been arrested for DUI and lost my driver’s license is there a way to get my drivers license back early?”
It is not uncommon for many drunk drivers to want to plead guilty at the arraignment, which is the court date where you will receive the formal charge for your drunk driving case and the state will formally accuse you of a crime. While this may seem like the most expedient way to get the DUI case behind you, most DUI lawyers agree this may not be the best resolution to your DUI case.
On our DUI forum we recently had a question from a driver who had been arrested for DUI or driving under the influence but wanted to know why the offense was considered a second DUI and not a first DUI if their first arrest had been in 2005.
This is a great question and what this really refers to is the look back period or washout period for a DUI conviction. A look back period is the period of time that a judge or prosecutor can consider a prior DUI when they are determine whether the driver’s penalties will be enhanced for a recent DUI arrest. The goal of the washout or look back period is to determine whether the driver should be considered a “high risk” driver and if they are likely to have multiple DUI arrests in the future.
If you have been arrested and charged for driving under the influence (DUI) you will be asked to plead guilty or not guilty. If you plead guilty the court will determine your punishment, which is generally outlined in state DUI laws. But what if you decided that the prosecution’s case was weak and you had a chance to win in court? You may have pled not guilty, hired a DUI lawyer and taken the case to court.
If you had a trial your drunk driving lawyer as well as the prosecution had a chance to outline their case, presenting evidence and calling witnesses. After each side presented their evidence the court asked a jury to make a determination if you are guilty of drunk driving. So what happens if the jury is not able to reach a verdict? This is called a hung jury. This may not be uncommon because a drunk driving jury, which consists of six jury members, must make a unanimous decision that you are guilty. This means that all six jurors must agree. If the jurors cannot agree than the jury decision is “deadlocked.”
We recently had a user on our DUI forum ask if having a clean record would be a beneficial factor in their current DUI case. And the answer is yes and no. Continue reading
If you are arrested for driving under the influence (DUI) you may want to plead guilty and put the charges behind you as soon as possible. Unfortunately, not understanding current DUI laws can cost you time and money. This blog will address the top five mistakes and misunderstanding that drivers make after a drunk driving arrest.
Avoiding a drunk driving conviction may not protect you from a license suspension. States have created administrative license penalties for drivers who refuse to take a chemical test if asked to do so by law enforcement or for drivers who submit to the chemical test but have a blood alcohol concentration above the legal limit of 0.08%. This means that even if you avoid a DUI conviction it could be possible to have your license suspended under a state’s administrative license suspension laws, potentially up to one year.
Although states have various “look back” laws which may not allow the courts to use a previous DUI conviction to enhance penalties for a second or third DUI (assuming the first DUI arrest was far enough in the past), many states do not allow a DUI conviction to be expunged from a driver’s record. This means years after a DUI arrest the arrest will remain on your driving record and could impede future employment opportunities or licensing.
DUI fines and penalties have increased over the years. Gone are the days of a small fine and a slap on the wrist for drunk driving. With the increased lobbying efforts of groups such as MADD (Mothers Against Drunk Driving) or politicians lobbying their state legislatures, a drunk driving conviction is going to cost you.
Many drivers do not realize that if they are arrested for drunk driving in one state the arrest information is generally sent to their home state, and if they face an administrative license suspension or they are convicted of drunk driving, their driver’s license will be suspended in their home state, even if the arrest occurred in another state.
Drunk driving laws can be confusing, and they can vary by state. Drivers often assume because the charge is drunk DRIVING they have to be driving their car to be arrested. Many drivers assume pulling to the side of the road and “sleeping it off” can keep them from getting a DUI, but in many states the prosecutor must only prove that you have actual physical control of the car. So if you are asleep with the keys in the ignition or on your person, the state may only need to prove that you had the ability to drive, even if you are not driving at the precise moment they arrest you.
If you have been arrested for a DUI or driving under the influence you may face severe penalties and fines if you are convicted. Whether or not to plead guilty or to fight the DUI charges is a decision that should only be made after talking to a DUI lawyer, but many drivers are concerned about the cost of hiring a DUI lawyer. This blog will address issues related to the cost.
Cost to hire a DUI lawyer will vary. Just like other areas of law, the cost will vary based on the reputation and experience of the lawyer and where the lawyer practices. It is not uncommon for DUI lawyers in large metropolitan areas to charge more than a DUI lawyer who has a practice in a small city, but there are a variety of factors that will determine the full cost.
How much a DUI lawyer will cost to hire will primarily depend on the complexity of the case and how much time they will have to devote to the drunk driving case. Some lawyers may choose to take fewer clients but will charge more per case because they plan to devote more hours to each case. Other lawyers may charge less per case but devote little time to your case.
Fees to hire a private DUI lawyer may range from $750 up to $10,000. As you can see, the fee range is substantial. The highest fees will be charged by DUI lawyers who have a national reputation. Other factors include:
The best thing to do is to interview several DUI lawyers in your area. Friends and family members may also be able to provide a referral. Make sure to get a written fee quote and written agreement. Prior to signing any documents sure you understand what services are provided for the quoted price.
Some DUI lawyers may also be willing to provide a payment plan. If you need this type of service discuss this with them at your first consultation.
You do not have to hire a DUI lawyer, but if you have multiple DUI convictions, you were driving with a minor in the car or you face aggravated DUI penalties, talking to a lawyer is highly recommended.
It is illegal in every state to operate a motorized vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. It is also illegal to operate a motorized vehicle with a blood alcohol concentration (BAC) at any level if you are unable to do so safely. But what if law enforcement does not witness the driving erratic driving? Can you still be arrested for DUI?
Recently, on our DUI forum we had a driver who was arrested inside of a store after another driver called the police and reported that they were driving unsafely. The driver wanted to know if they could be convicted of DUI if the police did not see the driving infraction or witness any unsafe driving.
Many drivers are unaware that they can be arrested for DUI if another driver reports they are driving unsafely and the police stop the reported driver and collect evidence that they are driving under the influence.
For instance, in San Diego, California, there is a new campaign titled “Report Drunk Drivers – Call 911.” California drivers are now encouraged through a media campaign including billboards, signs, and radio and television ads to call 911 if they see a driver who is driving unsafely.
This program is used in conjunction with another program by the National Highway Traffic Safety Administration (NHTSA) titled “Operation Extra Eyes” campaign, which outlines tips for spotting and reporting unsafe driving.
For example, citizens are asked to watch for a variety of unsafe driving actions which may indicate that another driver is intoxicated. For instance, is the driver weaving or swerving, driving too slowly, failing to proceed if a light turns green, driving aggressively, tailgating or changing multiple lane changes? If so, the state encourages the driver to call 911 and report the unsafe driver.
So, although state laws may vary and law enforcement may use citizen reports in different manners, it is not unusual for the police to be notified about unsafe driving from other drivers and proceed to investigate the complaint, potentially making an arrest if they find evidence that the driver is intoxicated (failed blood alcohol concentration test (BAC) or failed field sobriety test).
Drivers are also surprised to find that they may be arrested for drunk driving even if they are not actually driving a car. The most common cases involve drivers who have fallen asleep on the side of the road or who have parked their car, but a driver may also be arrested if they have left their vehicle to enter a store or their home.
For instance, if you are spotted by another driver driving erratically and you have stopped your car at a convenience store and you are exiting the store to get back in your car when the police arrive on the scene it may not be too difficult for the prosecutor to prove that you had “actual physical control” of the vehicle while you were intoxicated (assuming the police gathered evidence that you were intoxicated).
For instance, if you exited the store with the keys in your hand and the officer asked you to perform a field sobriety test and take a blood alcohol concentration test, if the test shows that you have a blood alcohol concentration which is 0.08% or higher and you fail the field sobriety tests, it may be tough to prove that you were not also intoxicated at the time you were operating your car.
The bottom line is that if another driver reports that you are driving unsafely this can give the officer probable cause to either pull you over or ask you to take a field sobriety test. If you are arrested they also may be able to legally ask you to submit to a BAC test. So if you have been charged DUI, it is time to talk to a DUI lawyer.
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