DUI Blog

DUI defenses are based on lawyer knowledge, experience, and intuition. A good lawyer has a whole deck of cards to play in order to protect his or her client. Some of them are not quite secrets.

Here are some things you may be unaware of when being charged with driving under the influence.

Breathalyzers Are Not 100% Accurate
While officers may not like to believe it, breath tests are subject to human error. If the only evidence of your DUI charge is a breathalyzer test, you have a strong case. Of course, there is officer testimony, and more importantly blood tests. Blood tests are the most accurate of all blood alcohol content tests. But, a  breath test can be questioned in court.

You Do Not Always Have to Take Field Sobriety Tests
Another thing officers may not want you to know is that most states have no laws saying you must take field sobriety tests. You do have to take breathalyzer tests at the risk of immediate license suspension in almost all states, but the tests where you walk in a straight line, count backwards, etc, are not mandatory. You can say no. If you are unsure, ask the officer if declining the field sobriety tests will lead to more charges.

Juries Are Rare
While having a jury of your peers is allowed by federal laws, state laws have circumvented this, making juries in DUI trials very rare. You might be able to get a jury, but most states make you face a judge instead.

Infractions, Misdemeanors, Felonies
Many do not fully understand the legal system, and no wonder – it’s complicated. For the record, infractions are the most minor of charges such as speeding, while misdemeanors are the next level up, and can be used for DUI cases. If you get felony charges for a DUI, that means you’re being charged with a very serious offense. You might be very far over the legal limit, have been charged with drinking and driving before, or hit someone while driving.

Death
If you hit someone while driving and hurt them, felony charges are common. If they die, you can face even tougher penalties. This is not a fun subject to address, but drinking and driving leads to thousands of deaths every year. The legal term is vehicular homicide. If you drink to excess, drive, get into an accident, and someone dies, you can expect stiff charges and a lot of jail time.

Every 22 minutes, someone dies in a drinking and driving accident. About one third of all traffic fatalities involve alcohol. According to Buzzle.com, citing a U.S. Department of Transportation study, “out of 12,998 drinking driving fatalities in the United States in 2007, 1,393 were caused due to teen drinking and driving.” It gets even worse. Over 25% of teenagers killed in car accidents were drinking before driving or while driving. And many also forget to put their seat belts on.

This guide will point out the main dangers of teen drinking, how drinking will affect you, what laws are in place, how teens can be safer drivers, and what happens if you get DUI charges.

What does drinking do to you?
Many teens equate partying with drinking, of getting a “buzz” or just flat out partying. It’s of course not possible to stop all teen drinking. However, the facts can be a good warning. Drinking affects your ability to walk, speak, and see. These are integral processes, especially being able to see as you drive and having full control of your body. Further, drinking slows down your reaction times, impairs memory, can confuse you mentally, slows down the nerves that move your eyes, hurts muscle coordination, and also can hurt you over longer periods such as with liver disease. And alcohol poisoning itself kills many teens not used to drinking large amounts.

If you have slower reaction times, that is obviously a major danger. If you cannot see well, if your memory on how to drive and follow driving laws is hurt, if you even pass out while driving—these can all lead to an accident and sometimes a death.

So we know how drinking effects you. Now let’s go over the legal ramifications.

Minor DUI Laws
It’s illegal to drink under the age of 21, but as high schools and colleges can tell you, it’s not a law followed by many. This is natural. One of the reasons for the drinking age is related to minors who drink and drive and are severely injured if not die. People used to drinking may be able to drive with some alcohol in their system, while an underage drinker may experience the effects much more. Since thousands die every year in alcohol related accidents, it’s important to note the dangers. And since over 1,000 of these deaths are related to teen drinking, it’s important to avoid ever drinking as driving.

State laws differ on how teen drivers are punished for intoxication. Some treat the problem much more seriously than others. However, since a minor breaks the law simply by drinking, most states penalize teen offenders more severely. Even if you have a .02% level, you can be charged with a DUI as a teen offender.

What can parents do?
If you’re a parent, it’s important to make clear the dangers of drinking and driving. We all go through our teens, perhaps breaking the rules ourselves. However, there is a big difference between having some fun and putting you or another person’s life in danger. It’s not the place of this blog post to say how you explain it to them, but keeping teens aware of the reality behind drinking and driving is important.

How to Get Legal Help
When a teen is charged with a DUI, the penalties can be very stiff. If you have no license, for example, it can be even worse. If you drank at all, the officer can arrest you. The important thing here is to get proper legal representation. The courts will take this charge very seriously, and you should too.

Abusing drugs and driving can and often is just as dangerous as drinking and driving. All states penalize you immediately for abusing any drug, prescribed or illegal, and driving. There are many reasons not to mix driving and drugs which will impair your ability. This blog guide gives you seven.

Dangerous for You
By abusing drugs, you are hurting your ability to see, feel, and make decisions. Just as alcohol can damage the nerves in your eyes and hurt your ability to see, the same is the case with many drugs. The problem is that many illegal drugs have chemicals in them you may not understand. You may be taking a drug which makes you tired, very dangerous. You may take a drug which makes you pass out. Or you may have some reaction to it. It’s very dangerous to mix even legal drugs with driving, especially if you also drink some. Be safe and avoid the dangers of drug abuse and driving.

Dangerous for Other Drivers
There are other drivers on the road too. Over 10,000 drivers die every year because of abusing drugs or alcohol and driving. Thousands of pedestrians die too. This means you are not only putting yourself at risk by driving; you are endangering the lives of others. And if you’re at fault, you can face criminal charges.

Lose Your License
If you are caught abusing drugs and driving, it’s treated just like a alcohol related offense in terms of your license. The first penalty is your license is suspended. For first time offenders, this can mean losing driving privileges for a year.

Face Fines
You will also face fines. Though minor in comparison to losing your license and going to jail, sometimes the fines can be quite high, especially if you’re not working.

Get a Drug Charge
If you are caught with illegal drugs, you face more than a DUI: you also can be charged as a drug offender. This can mean further penalties.

Go to Jail
Going to jail can occur even in a first time DUI offense. While sentences vary, you can spend days in jail to months in prison. If you have multiple DUI offenses, you can be forced to spend even more time in jail.

Other Penalties
A DUI offense can also mean being put on probation, forced to go to drug counseling, and then having to go through a lengthy process just to get your license back.

So what’s next? All DUI charges require the help of an experienced, local DUI lawyer. While you may think just because your caught means you always face charges, it does not work that way. You may in fact be able to successfully defend yourself. But you can’t without a DUI lawyer. A proper defense can have evidence thrown out, officer actions questioned, and either a lessening of charges or a not guilty decision.

You were pulled over, arrested for a DUI, taken to jail, and your license was suspended. This happens every single day in the state of Michigan. Why has your license been suspended? What can you do to get it back? And who can help? This guide answers these and many more DUI questions related to getting your license back.

Why a Michigan license suspension?
Michigan is different than other states simply because each state has similar but somewhat different drinking and driving laws. Some call it a DWI, others OWI, while most call it a DUI. Some will suspend your license longer than others. Some may charge you with an aggravated DUI for being far over the limit or for drinking and driving multiple times. The reasons for each state law are pretty much the same: those who drink alcohol or abuse drugs and drive are dangers  on the road. Across the country, drinking and driving is a leading cause of traffic deaths.

You were charged because of this, because it’s so dangerous to mix alcohol or drugs and driving.

How can you get your license back after a DUI?
If you only have one DUI violation, getting your license back is much easier than if you are a habitual often. For most, you will apply for a general reinstatement. If it involves drugs, it will be a reinstatement for a drug crime, and if you are a minor it’s also different. The point here is that first time offenders can and often do get their licenses back. You have to wait until your suspension is over, you go to the  Michigan Secretary of State office, and apply for reinstatement.

What if you are charged for multiple drinking and driving violations?
If you have been repeatedly caught drinking and driving, you have to go the the Driver Assessment and Appeal Division (DAAD), who will review your case. You will have to prove your alcohol or drug problem is gone, that you won’t repeat the offense, and that you want to follow the laws. If your license is revoked, it can take much more time and legal work to get it back.

How much will it cost?
A general reinstatement fee for a suspended license is only $125. If you want your license back after a drug crime, that fee is $250, and the same for a minor in possession (MIP). Your lawyer fees, and you should get a lawyer, will cost some money too.

Who can help?
Getting your license reinstated for a one time alcohol or drug offense is often fairly simple. You have to pay a minor fee and can move on. However, to represent your interests in court, you need a professional lawyer. An experienced Michigan DUI lawyer is very important if you’ve been caught multiple times drinking and driving. You can expect penalties far beyond simple license suspension, including fines, jail time, and probation. A lawyer’s job is to lessen penalties, if not remove them, and help you move on with your life.

Just getting a driving under the influence (DUI) or driving while intoxicated (DWI) charge can be a life changing event. But in some cases, the event ends another life. This is not an easy subject to go over, but a necessary one. This blog guide defines the laws you need to know, what defenses you might use, and how important an experienced lawyer is to a vehicular homicide case.

What is vehicular homicide?
This may have jumped off the page. If you’ve never heard vehicular homicide used, or have been unfortunate enough to have heard about it occurring before, you can pretty much get the picture. Some states do use it, where a death occurred because of a vehicle operated by someone impaired by alcohol. In other words, another driver, a pedestrian, or a passenger in a vehicle was killed in a vehicle accident.

It may seem like a simple mistake, especially if you or another driver had little alcohol in their system. However, just because you are below the BAC (blood alcohol content) limit, .08% for all states, does not mean you cannot be charged. If it’s found alcohol was a key factor in the accident, even at below the BAC legal limit, you can face charges.

It’s actually called homicide, which may confuse you. Not all homicides are actual crimes. State laws can differ on how vehicular homicide is practiced, especially with terms such as voluntary and involuntary manslaughter. The charges are all quite serious, and require legal help.

Defending a Vehicular Homicide Case
Defending a DUI itself can be tough: most charges stick and you face penalties. Vehicular homicide is very different, not just because of the serious nature but also in the defense. It’s much more important to acquire experienced legal representation. The key point here is in proving intoxication led to the accident. Whether you are over the limit or not does matter, but how this effected your decision making  is much more important. The prosecution will be trying to prove, mainly through circumstantial evidence and police reports, that you were in fact under the influence and this caused the death. The defense will be trying to prove the opposite, that you were not under the influence or that your drinking had nothing to do with the accident.

Why You Need Legal Help
Vehicular homicide is obviously a very serious offense which can lead to some major charges. Your chances of winning a defense against this sort of case is based on the legal representation you get. It’s vital to hire a lawyer who has experience in DUI cases, especially ones as unique as death related to drinking and driving. While you are allowed to defend yourself or use court appointed representation, it’s in your best interests to hire a private lawyer. While this experience is never a happy one, a knowledgeable lawyer can make it one which ends fairly.

An MIP, minor in possession, is a charge where an underage person is caught with alcohol or drugs. All states punish these offenses, but somewhat differently. For one, you don’t have to be driving to get a  MIP. Say for example you are seen walking on the street with an open beer; in this case, you can and will be charged with an MIP violation.

What is a MIP?
Minor in possessions does not mean, as noted, you have to be driving. It’s very common for you to be arrested while driving for being intoxicated by drugs or alcohol. Alcohol is the most common offense which minors are charged with while driving, but drugs are definitely a problem too. The fact that drugs alter your ability to drive in a potentially different way means nothing – you can still be charged.
If you are too young to be drinking, if you have alcohol in your possession, if you attempted to buy alcohol, or if you drank alcohol most state laws allow for punishment.

What Punishments Do You Face?
Punishments vary from state to state when it comes to MIP laws. However, if you have a drivers license, most states will suspend it for one year. If you have no license yet, usually you will not be able to get a license for some time, likely 6 months to a year, after the charge. Some states prosecute MIP cases to the full extent, while others treat it less seriously and only put the minor on probation. The laws vary, but all states have laws in place because the problem is so common.

Why are you charged?
You may wonder why you were charged if you had not been drinking in the car, if your driving hadn’t been altered, or if you had an open beer in the car but had not drank it. Minors drinking in the first place is illegal. The laws state you are not supposed to drank, even though many abuse the laws. The problem is that drinking and driving is so dangerous, with so many deaths occurring every year. And since a great majority of drunk drivers are younger, 30 or below, it’s important for some penalties to be used.

How can you avoid the charges?
You can avoid the problems by simply not drinking at all. If you do drink, never drive. If you use drugs, you can still be charged, and even further if you are taking an illegal drug. The best way is to just never drive after drinking, never drink while you drive, and to never walk with open alcohol on you.

Who can help?
If you or a loved one has been charged with an MIP, state laws differ in terms of penalties, so be sure to hire an experienced DUI lawyer. In some states, it may just be probation. In others, the penalties may be extended license suspension and potentially more. A DUI lawyer is a must. Just being charged with a  DUI does not mean you are guilty; a strong DUI defense can limit charges if not eliminate them.

Even if you have some idea of what a breathalyzer is and can do, this blog guide can give you valuable information and answers many questions. Let’s get started.

What a Breathalyzer Is Scientifically
It can seem to be a simple device until you really see how it works. A breathalyzer has a sample collection system, a chemical reacting system consisting of glass vials containing a solution sensitive to alcohol, and a meter which measure the electrical current between photo cells. Yes, it seemed easy before, but for our purposes, just remember it collects your breath for a chemical reaction; if you have alcohol in your system, technically it can be read on the breathalyzer.

How Breaths Tests Are Given
The officer asks you to breath heavily into the breathalyzer so a reading can be made. This is not exactly a blood test; it will be estimating alcohol in your blood by ratio in your breath. You breath into the breathalyzer, a reading is given, and the officer multiplies it. All states use the .08% BAC (blood alcohol content) legal limit for drinking and driving.

False Readings and Other Problems
Breathalyzers are not full proof. The best means for seeing if you are under the influence of alcohol and/or drugs is a blood test. Alcohol goes into your blood, not your urine. The blood test is also more effective than the breathalyzer itself. False readings are common enough to be a problem, as the officer giving the test may read it incorrectly if not use the device wrong. This is not always their fault; the breathalyzer requires some guess work. Because of this, defenses can be based on incorrect usage of the breathalyzer.

Defending a Positive Breathalyzer Test
Legally, all states bind you to taking the breathalyzer tests. If you refuse the breathalyzer, you can expect immediate penalties. Usually, your license is automatically suspended, and you may get further penalties. If the arresting officer believes you are clearly over the limit, he or she can still legally arrest you. If you take the breathalyzer and it comes up positive, the game is not over. The breathalyzer, as noted, is a device with great potential for error. If your BAC level is very close to the legal limit, your defense can be based on whether you truly were drinking and driving. Since the breathalyzer isn’t full proof, typically other evidence such as blood tests are brought. In any DUI defense, you need an experienced attorney.

Getting Help
If you were recently pulled over and failed a breathalyzer, you may feel the game is up. You won’t be able to drive for some time, you’ll pay large fines, worse yet you may even have some jail time. Actually, a strong DUI defense can at the least limit the penalties you receive, if not stop them entirely. In order to get help with DUI defense, you need a DUI attorney. You want a specialist who can take the time to spend on your case, defend you in court, and fight for your rights if mistakes were made.

Driving while intoxicated (DWI) can lead to severe penalties. A DWI is similar in scope to a DUI, with some states differentiating themselves by using different terms. For our purposes, let’s consider them very close legally: you are drinking alcohol or abusing drugs and driving.

One question we hear quite often is when you need to hire a DWI lawyer.

They’re a variety of scenarios. You have no job, and therefore no income. You are guilty of the charges. A court appointed lawyer costs nothing. You are not guilty, but want to defend yourself. If any of these sound wrong, well, it’s because they’re all entirely the wrong reasons. There is no clear reason not to hire a DWI lawyer unless you are a DWI lawyer yourself. Why?

If you have no job, you likely cannot afford to pay the excessive fines, which can  be in the thousands. If you start working again, you won’t be able to drive. If you have no income coming in, sometimes you seem to have no options. We all have access to money, even after filing bankruptcy or losing a job. It’s time to put value on how much you want to stay out of jail, want to keep your drivers license, and want to avoid thousands in fines.

If you are guilty of the charges, it’s easy to say you need no professional DWI lawyer. This is wrong in many respects. Say, for example, you were in fact drinking, but the breathalyzer used tested you as over the limit when actually you were very close to under the limit. Or say that the officer pulled you over for no legal reason – only because he suspected by the look of your car you were a criminal, or because you are a minority, or a woman, or a variety of other reasons. In still other cases, the officer acted incorrectly by never giving you a Miranda, if not abusing your legal rights. These examples can lead to dropped charges, even if you are guilty of drinking and driving, and potentially could lead to some damages. But you need a DWI lawyer.

You may think a court appointed lawyer can handle your case. Using the above example on actually believing your guilty, you decide because of this that you should forgo hiring a lawyer. A court appointed lawyer is almost as bad as defending yourself; they rarely have the time or inclination to properly defend you. A professional DWI lawyer can find holes in the prosecution’s case given time; rarely can a court appointed lawyer with dozens of other cases spend a significant amount of time helping you.

Finally, you can defend yourself. You know your innocence, or know the officer acted wrong, and maybe you know some of the process in handling a court case. Rarely does this work out. Unless you’re a DWI lawyer, you need professional legal representation. You’ll need expert witnesses, to question what happened, to know the local laws, and to know how exactly to handle the court process with the judge and prosecution. There is a reason passing the Bar is very tough; it takes years experience.

If you’re still unsure whether a DWI lawyer can help you, consider that it might actually save you time, money, and a lot of headaches. It’s worth paying the extra money in order to get a professional defense.

Drinking or abusing drugs and driving is quite dangerous anywhere in the world, but in the United States, and specifically New York, driving while intoxicated by drugs or alcohol is punished severely. The problem is there are so many different terms to know. Let’s focus on the New York DWI terms you need to know, what penalties you can expect,  and how you can defend against DWI charges.

DWI
This is the broadest term in drinking and driving or abusing drugs and driving in New York law.  However, it bears mentioning because of the confusion with DUI and OWI. DUI is driving under the influence, DWI is driving while intoxicated, and OWI operating while intoxicated. These are the same technical terms for similar laws punishing those who drink or abuse drugs and drive. While state laws differ in terms of punishment, just understand DWI is like a DUI is but is how New York courts term abusing drugs or alcohol and driving.

Aggravated DWI
We’ve gone over “aggravated DUI” on the DUI Law blog many times, and aggravated DWI is pretty much the New York state version. Your blood alcohol content (BAC) is much higher than a standard DWI, in this case .18 or higher. You will be punished for having a BAC over .08, but if you go even higher, you may face felony charge and much stiffer penalties.

DWAI/Alcohol
This means, according to New York state law, “driving while ability impaired (by alcohol)”, and you have a lesser BAC level, usually from .05 to .07. You may show other signs of obvious impairment. Technically, an officer can arrest you if it’s obvious by your driving that you are intoxicated.

DWAI/Drug
This term is used when the problem is drug abuse, not alcohol. Even legal drugs can lead to a DWI charge if they impair your driving. If you are obviously using other drugs, you can be arrested, and if in possession of illegal drugs, face further charges.

DWAI/Combination
Driving While Ability Impaired by a combination of drugs and alcohol. For example, you might mix a legal prescription drug with some alcohol; this is not only dangerous to you, but to other drivers.

Refusing Breathalyzer or Other Tests
In New York, you are penalized for refusing chemical tests, including breath tests and blood tests. Blood tests are the most accurate in terms of drug and alcohol abuse. If you refuse the breathalyzer, your New York license will be suspended for at least one year, you will face fines, and potentially stiffer charges if you’ve received a DWI before.

Zero Tolerance
If you are under 21 years of age, all states can charge you for just having drank any alcohol, even if not on your possession. In New York, if you drive with a alcohol level of .02 to .07, you are charged. The levels are different for some states, but just about any level of drinking can lead to DWI charges.

Defending New York DWI
You first need an experienced DWI lawyer, preferably one close to you. It’s very important to hire your own lawyer instead of using a court appointed lawyer or worse defending yourself. It does cost money, but any defense is based on a knowledge of the laws in terms of court room process and defending charges. Just because you’re charged with a DWI does not mean you will always face penalties; yes, most lead to penalties, but a good defense is invaluable in lessening charges if not having them dropped.

Getting a driving under the influence (DUI) charge is unfortunately a common occurrence, just as alcohol or drug related driving deaths are quite common. It can be difficult to cope with the damages that come from getting a DUI. Some believe they can get out of it easily … others may feel they will ever be free of it … still more make mistakes when it comes to representation. This blog guide points out many myths that are clearly wrong. Let’s see if you believe any of them.

1-You Can Drink and Drive (Sometimes)
Some think it’s okay to drink some and drive, or to use some drugs, or to drive under age while drinking any amount. Accordingly, DUI arrests occur. Why? Some take alcohol better than others, and it’s nearly impossible to know if you are over the legal limit. If you use even some drugs, it can influence your ability to drive, and if they are illegal drugs, that’s breaking the law already. And remember: if you are under age, all states punish you for having any alcohol in your system, charging you for as little as a .01 level of alcohol.

Since you can never be sure what will happen on the breathalyzer, not to mention what will happen to your driving ability (leading to an accident), you should never drink or use drugs before driving. If you are at a party, at a bar, at your home, you should either get a sober driver, call a cab, or stay.

2-Drugs Don’t Matter
Even legal drugs can greatly influence your ability to drive. If you are taking a prescription drug, and it effects your driving ability, you should avoid driving at all costs. You should be warned beforehand by your doctor, or look up the side effects. If you are under the influence, you can be charged. And if you take an illegal drug, it won’t show up on your breathalyzer which tests for alcohol, but it can be found with a blood test. If you have drugs on you as well, you’re going to be charged.

3-You Have to Take Sobriety Tests
All states require you by law to take a breathalyzer test, and if you don’t, your license will immediately be suspended. However, state laws differ on further tests – sometimes you can refuse to take other sobriety tests such as walking in a straight line, counting backwards, or standing on one leg. In many cases, there are no laws on the books saying you must take these actions.

4-You Will Always be Found Guilty
You may think it’s over once the breathalyzer reads above .08% or the drugs are found on your person or in your system. Actually, if the test is very close to the limit, not being too high, you can argue it was wrong. You have many potential DUI defenses, even if you fail tests. The officer may have broken your rights, failed to properly use the breathalyzer, or made other mistakes. At the least, you can get a plea bargain for lesser charges.

5-Any Lawyer is Good
You have three options: represent yourself, have court appointed lawyer, or hire a lawyer. These are not  equal options. You need to hire a professional, local DUI lawyer who knows state laws, who has the time to handle your case, and who can handle the court process. If you represent yourself, you simply won’t know what to do unless you’re a DUI lawyer. If you ask for a court appointed lawyer, they have no real interest in your case, no time to truly help, and may make mistakes.