Category Archives: DUI/DWI

Florida hardship License after DUI

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If you are arrested for drunk driving in Florida and your blood alcohol content level is 0.08% or higher or you refused the blood alcohol content test, your Florida driver’s license may be suspended.

You may request an administrative license review at the Florida Department of Safety and Motor Vehicles Bureau of Administrative Reviews within 10 days from your drunk driving arrest. You will be issued a temporary license which can be used up to 42 days after your drunk driving arrest. You are allowed to hire a Florida drunk driving lawyer to review your DUI arrest and appear at the formal hearing.

After the Administrative Hearing in Florida

 

If you win at the hearing your license is returned to you. If you lose, your Florida license may be suspended up to 18 months. Under some conditions you may be eligible to apply for a hardship license after 30 days or 90 days for refusing to take the chemical test. Keep in mind, the drunk driving penalties assessed by the Florida Department of Safety and Motor Vehicles Bureau of Administrative Reviews are separate from DUI criminal penalties from a Florida drunk driving arrest.

Under some conditions, the court may require you to complete a DUI school, purchase liability insurance and install an ignition interlock device (although rare for first time Florida DUI offenders). After you have completed these steps, or whatever steps are ordered by the court, you can go to any Administrative Reviews Office to apply for your hardship license.

What happens after a Florida Drunk Driving Conviction?

 

If you have been convicted of drunk driving and it is your first time, you may have your driver’s license suspended for 180 days up to 1 year. If your drunk driving resulted in serious bodily injury to another person your license revocation can be for up to 3 years. How long your license will be suspended will depend on several factors including whether this is your first drunk driving charge, how long it has been from subsequent drunk driving arrests and whether or not your DUI caused bodily injury to another person.

  • First DUI convictions can expect a 180 day to one year suspension (effective on conviction date)
  • Second DUI convictions (more than 5 years from the first) 180 days to 1 year
  • Second DUI conviction in less than 5 years- drivers may have their license suspended for five years but they may apply for a hardship after one year.

Steps to Reinstate Florida license after Drunk Driving

 

Prior to the expiration of the revocation period you can apply for a hardship license in your county. Under some conditions you must complete a DUI education course.

What you will need:

  • Proof of enrollment or completion of DUI school and treatment. If you do not complete the course within 90 days from the date of your license reinstatement your license can be suspended.
  • If you are requesting a hardship license or a reinstatement, you must complete the required examination.
  • Payment of the administrative fee, revocation reinstatement fee and license fee are required.
  • If your DUI occurred after October 1, 2007, according to the Florida Department of Safety and Motor Vehicles Bureau, you “must provide proof of bodily injury liability insurance in the amount of 100,000 per person, 300,000 per occurrence and 50,000 property damage liability on the arrest date or proof of liability coverage and a reinstatement fee of $150 up to $500, for subsequent violations will be required.”
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Drunk driving and a license suspension in Missouri

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Missouri drivers who are arrested for drunk driving and have a blood alcohol content of 0.08% or higher or who refuse to take a blood, breath or urine test will have their license suspended. The arresting officer will confiscate their license and give them a Notice of Suspension/Revocation (administrative license suspension notice).

The Notice of Suspension or Revocation or administrative license suspension notifies the driver that they will not be able to legally driver 15 days from the date of the drunk driving arrest. Drivers are allowed to request an administrative hearing, and drivers may continue to operate their motorized vehicle  for 15 days after the administrative hearing decision is mailed to them.

Requesting an Administrative Hearing after a Missouri Drunk Driving Arrest

 

After the driver has been issued the administrative license suspension they must make a written request to the Missouri Department of Revenue, General Counsel’s Office, P.O. Box 475, Jefferson City, MO 65105-0475.

Drivers may request an Administrative Hearing in person or via telephone. Drivers are allowed to hire a drunk driving lawyer to assist with the Administrative Hearing. Drivers who do not request the Administrative Hearing within 15 days from the date of the drunk driving arrest will not have an administrative license hearing and no further appeals can be made regarding drunk driving administrative penalties in Missouri.

Administrative Hearing Process in Missouri

 

The Missouri Administrative Hearing is conducted by a hearing examiner who is considered both the prosecutor and the judge. Drivers may have a DUI lawyer present. The hearing examiner will review the following:

  • Is there probable cause to suggest the driver was intoxicated?
  • Was the driver’s  blood alcohol content above the legal limit of 0.08% or higher for an adult and 0.2% for a minor?

Drivers have the right to subpoena the arresting officer if they want them to appear at the administrative hearing. The records of the drunk driving arrest, however, including the testimony of the arresting officer, may be sufficient to prove the two points listed above.

Administrative License suspension and penalties in Missouri

 

Drivers who have not been arrested or convicted for DUI in the past 5 years and who have the administrative license suspension upheld will have their license suspended for 30 days. A 60 day period of restricted driving privileges will follow the administrative license suspension.

Drivers who have their license suspended may have them reinstated after the suspension period has passed but they must meet certain requirements prior to reinstatement.

To reinstate a Missouri driver’s license drivers must do the following:

 

  1. A completion form for the Substance Abuse Traffic Offender Program (SATOP). Contact the Division of Alcohol and Drug Abuse at 573-522-4020 for questions.
  2. Pay the reinstatement fee of $45. Payment must be made to the Missouri Department of Revenue. Drivers should include their full name, address, date of birth, and driver license number on their reinstatement payments.
  3. Proof of financial responsibility for 2 years from the date the license revocation or suspension was initiated. Contact your insurance company for more information about SR-22 insurance.
  4. Installation of an ignition interlock device. This is only required if you have more than one conviction or test refusal on your record. The ignition interlock device must be kept on your motorized vehicle for 6 months following your reinstatement. The Missouri Department of Transportation must also certify the installation.

Keep in mind, administrative license penalties are separate from drunk driving penalties assessed in Missouri if a driver is convicted of a Missouri drunk driving charge.

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Pennsylvania ARD program and your Drunk Driving Arrest

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If you find yourself charged with your first drunk driving charge, you could be the beneficiary of a program called the Accelerated Rehabilitative Disposition, or ARD. The Pennsylvania ARD program was originally designed and implemented in the 1980s for first-time drunk driving offenders.

The goal of the program is to take low-risk drunk driving offenders out of the court system and put them into a rehabilitative program to free up time and space for the more violent criminals who are an immediate danger to the public.

Some facts about the Pennsylvania ARD program

It is only for first-time drunk driving offenders and you only get one chance to complete the ARD program. Once you are admitted into the ARD program, you do not have to serve any jail time but you do undergo something similar to probation. You will be supervised for the two years you are in the ARD program while you work to complete the requirements. Here are most of the requirements associated with the ARD program:

* Suspension of your driver’s license (some cases)

* Complete 35 hours of community service within four months of beginning the ARD program.

* Complete an eligible DUI education class

* Go to a Victim Impact Panel

* Complete drug and alcohol evaluations

* Successfully complete any treatment that is recommended after the initial evaluations

* Pay all fees and fines associated with the DUI and ARD program.

While the initial time period for ARD program is two years, if you complete the requirements early, you may be able to work with ARD personnel and your probation officer to let you out early.

Am I eligible for the Pennsylvania ARD Program?

As stated previously, you must be a first-time drunk driving offender, but not all first-timers are eligible for the ARD program. To gain entrance, the District Attorney from the county where you are being charged must recommend you for the Pennsylvania ARD program.

Some aggravating factors surrounding your drunk driving arrest could disqualify you. Did you cause serious physical injury to another party? Did you cause extreme property damage? Were there any children under the age of 14 in your vehicle at the time of your arrest? Do any victims involved in your DUI object to your admittance? If none of these apply to your situation, you stand a good chance of qualifying for the Pennsylvania ARD program.

How will the Pennsylvania ARD program benefit me?

You would not serve any jail time. Once you have successfully completed ARD, your charge would be expunged from your record. However, if you are charged with Pennsylvania drunk driving again, at a later date, you would be seen as a habitual offender and penalized accordingly.

All things considered, you should definitely consult with an experienced Pennsylvania DUI attorney. He will be very familiar with the Pennsylvania ARD program and can look at your Pennsylvania drunk driving case and determine if it would benefit you to fight your charge at trial or accept admittance into ARD.

If you win at trial and get arrested for another Pennsylvania drunk driving charge years later, you can still enter ARD because you did not do it the first time around. Your DUI attorney can help you weigh your options and advise you on your best course of action.

 

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Drunk Driving and Hardship License in Mississippi

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Administrative License Process in Mississippi

 

If you are stopped for drunk driving in Mississippi the police officer will ask you to submit to a blood content test (BAC). Under Mississippi Implied Consent Laws you have implicitly agreed to submit to a blood alcohol content test (BAC) when asked to do so.

If you submit to the blood alcohol content test (BAC) and if your blood alcohol content is more than 0.08% or higher, your driver’s license will be confiscated and the law enforcement officer will give you a temporary driving permit.

Drivers have the legal right to request an Administrative License Hearing within 10 days from the date of the license suspension to investigate whether the administrative license suspension was valid. State administrative hearings may vary, but basically, in all states, the administrative license hearing allows the court to review the following facts:

  • Whether the Mississippi officer had reasonable grounds to believe the
    arrested person had been driving, attempting to drive, or was in
    actual physical control of a vehicle while under the influence of intoxicating
    liquor, narcotics, or drugs.
  • Whether the person was arrested
  • Whether the person refused to submit to the blood alcohol content test (BAC) upon the request of the law enforcement officer
  • Whether the officer informed the arrested person of his or
    her right to have a similar blood alcohol content test (BAC) or tests conducted by a person of his or her own choosing
  • Whether the officer informed the arrested person of the
    fact that refusal to permit the blood alcohol content test (BAC)would result in suspension of his or her license or driving privilege

If this was your first drunk driving arrest and you did not refuse the blood alcohol test (BAC) you can generally get your hardship license after a 30 days suspension if you can prove that not driving will interfere with your employment, your education or your medical care. To prove hardship and get your hardship license you may need evidence or an affidavit from either your employer, medical physician or your school. If the court agrees to give you a hardship license you will have to pay a $150 fee.

Keep in mind, the administrative suspension hearing and subsequent license suspension is separate from the drunk driving suspensions and drunk driving penalties which may be assessed if you are ultimately convicted of drunk driving in Mississippi.

Convicted of drunk driving in Mississippi

 

What if you are convicted of drunk driving in Mississippi? If this is your first Mississippi drunk driving offense, your license will be suspended for 90 days to one year. For a second drunk driving conviction your license will be suspended for 2 years and for a third drunk driving conviction you may have your license suspended for 5 years.

How do you reinstate your license after you have completed your drunk driving suspension? You will have to do several things:

  • Pay all of the fines for your Mississippi DUI.
  • Pay the license reinstatement fee. Contact the Mississippi Department of Public Safety for the amount of your fines.
  • Contact the DPS and make sure your record has been cleared.

Hiring a DUI lawyer in Mississippi

 

Regardless if you are simply requesting an administrative license hearing , you are fighting your third Mississippi DUI or if you need help getting your Mississippi hardship license,  it is time to contact a DUI lawyer. Mississippi DUI penalties and fines for DUI are very severe. Do not try to fight this alone.

 

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Drunk driving and hardship license in Connecticut

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One of the greatest fears for most drivers after a Connecticut drunk driving arrest is getting their driver’s license back as soon as possible so they can return to work.

For example, if you were arrested for drunk driving in Connecticut and refused to submit to a blood alcohol content test you will face a 6 month administrative license suspension. If your blood alcohol content is between 0.08% up to 0.16% you will have your license suspended for 90 days. If your blood alcohol content is higher than 0.16% or higher your license will be suspended for 120 days. These administrative DUI penalties are in additional to DUI penalties you could face if you are eventually convicted of DUI.

So what can you do if you lose your license because you either failed the blood alcohol content test or refused to take the blood alcohol content test? Connecticut offers what they call a special work permit, also known as a hardship license in many states, which allows drivers who have had their license suspended for DUI to drive for very specific reasons.

Who qualifies for a Connecticut Hardship License?

 

  • Connecticut drivers who have only been arrested for one drunk driving offense.
  • Connecticut drivers who can prove that the inability to drive would endanger or dramatically affect the ability of the driver to support their family.
  • Connecticut drivers who have not caused any severe injuries or accidents from their drunk driving.
  • Connecticut drivers who do not have a history of reckless driving and driving infractions.

What do I do to get a Connecticut hardship license?

 

According to the Connecticut Department of Motor Vehicles, the DMV will issue hardship licenses according to Connecticut State Law Title 14 Sec. 14-37a (Amended 2010) and statutes defined in the Regulations of Connecticut State Agencies in Sec.14-37a.

Drivers must submit an application for the Special Permit to Operate a Motor Vehicle To and From Work (form A-62) to the DMV and a $100 non-refundable payment with the form.

According to Connecticut state law, the Connecticut hardship license is used to travel to work or to school. The driver should carry the Connecticut hardship license at all times and violation or misuse of the permit can result in additional license suspension penalties or traffic citations.

 Connecticut hardship license applications should be addressed to:

 

Connecticut Department of Motor Vehicles
Driver Services Division
60 State Street
Wethersfield, CT 06161-2525

Hiring a DUI lawyer in Connecticut

 

DUI laws regarding obtaining a hardship license vary by state. Although the administrative license suspension may be fairly straightforward if you have been convicted of drunk driving whether or not you are granted a Connecticut hardship license may be more at the discretion of the DUI court.

Contact a Connecticut DUI lawyer to find out what is available in your state. DUI penalties are severe and Connecticut has very specific requirements which must be completed to get a Connecticut hardship license during a DUI suspension. For example, DUI offenders who have attended rehabilitation programs or who can show that a license is critical for continued employment, medical appointments, attending school or for dependent care may have a greater chance of getting a Connecticut hardship license.

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Ignition Interlock Device for Drunk Driving Convictions in Oregon

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New Years, 2012, will bring a significant amount of changes in DUI laws for drunk driving or driving under the influence throughout the United States. In Oregon, beginning this Sunday, if you are one of the estimated 11,000 drivers arrested and convicted for driving under the influence of alcohol (DUI) or drunk driving this year, you will be forced to install an ignition interlock device in your car.

Installing an ignition interlock device has been a common DUI penalty for driving under the influence, especially for drivers with multiple DUI convictions, but Oregon now requires even first-time Oregon DUI offenders arrested for drunk driving to install and use this device.

What does the ignition interlock device do?

Ignition interlock devices are traditionally installed on the dashboard of the driver’s car, and the driver must blow into the device, which analyzes the BAC or blood alcohol concentration of the driver. If the driver’s BAC is too high the car will not start.

The ignition interlock device also will require the driver to provide additional breathing samples periodically as they drive. If the driver cannot provide a clean sample, the car will provide a warning (honking horn, lights flashing) and log the event. The “alarm” or warnings continue until the driver shuts the engine off.

Attempts to Bypass the Ignition Interlock Device

Creative drivers who are driving under the influence often attempt to mechanically bypass the system, but given the complexity of most systems, these attempts are generally unsuccessful. The ignition interlock device is made to assess all attempts to “trick” or bypass the system requirements and report these attempts immediately back to the DMV. Unfortunately, the courts do not look favorably on these efforts and most likely will simply extend the required installation period.

It is also illegal to for Oregon drivers who are driving under the influence to solicit another person to blow into their ignition interlock device. According to Oregon law, violation of the law occurs if, “a person unlawfully solicits another to blow into an ignition interlock device or start a motor vehicle equipped with an ignition interlock device if the person has such a device as a result of an order or requirement under ORS 813.602 and the person requests or solicits another to blow into the device or start the motor vehicle so as to circumvent the device.”

Drivers who commit this offense will be charged with a Class A traffic violation [1987 c.746 §6; 1989 c.576 §3].

(Information gathered from Chapter 813 of the 2007 Edition of the Oregon Vehicle Code.)

How much does an ignition interlock device cost?

If you are arrested for drunk driving in Oregon and you must purchase an ignition interlock device you can expect to pay between $65-100 per month to rent the device plus additional fees to install it, send information to the Department of Motor Vehicles in your state and to pay for regular maintenance.

Hiring a DUI lawyer in Oregon

States continue to pass severe DUI penalties for drunk driving. Drunk driving in Oregon is a serious crime, and if you are arrested for DUI in Oregon, do not try to fight your DUI conviction alone. Even first-time DUI offenders in Oregon can face high fines, fees, increased insurance cost, potential jail time, loss of license and starting in 2012, mandatory installation of an ignition interlock device.

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Revocation of your license and driving again after 20 years

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We had a question posted recently asking the following:  I have four DUIs that are 20 years old in California.  How do I get my license back?

If you have multiple DUI convictions in California that resulted in license suspension or revocation, how quickly you can get your license back will vary depending on your individual circumstances.  Note that license suspension technically means you have a license but are not permitted to use it, whereas license revocation means that your license has been taken away altogether.  For purposes of this explanation, we will use license suspension to include revocation as well, because the point is that you cannot legally drive at present and you now want to.

In general, license suspension is not permanent but rather is for a set number of months or years.  Therefore, it is likely that after 20 years you can get your license back.

Your license can be suspended by either the Department of Motor Vehicles (DMV) or as part of the punishment for being found guilty of DUI in a court of law.  With the DMV, suspension of your license is based on a point system.  Points are acquired for traffic violations, with a DUI violation generally resulting in two points.  If you get too many points within a set period of time—four points within a 1-year period, six points within a 2-year period, or eight points within a 3-year period—the DMV will suspend your license.  However, as time passes without further violations, the points will fall off your driving record.  After 20 years, all of your points would have lapsed.  So from the DMV’s perspective, you should be able to get your license back.

In the case of a court of law, the length of your license suspension is based on your specific circumstances.  One of the primary things that determines the severity of a DUI sentence is how many previous DUIs you have and how quickly together they occurred.

When you have a DUI in California, there is a 10-year lookback period for previous DUIs.  This means the court consider other DUIs in the previous 10 years when determining how severe of a punishment to give you for your current DUI.  Therefore, depending on if your four DUIs fell within a 10-year period or not would affect how long a suspension of your license you received.  Regardless, it is unlikely that the suspension was for 20 years.  If you do not remember how long your license was suspended for, you can always contact the court to find out the sentence given after your fourth DUI.

Assuming the time period has passed for how long your license was suspended, you can get your license back.  Depending on if  you technically had your licenses suspended or you had court-ordered revocation of your license, what you need to do to get your license back before you can start driving may vary.  You will likely have to pass a driving test, pay various fees, and complete any other aspects of the sentence you were given as a result of your DUI convictions.  Additional information about getting your license back whether suspended or under court ordered revocation can be found in the blog Reinstating license after California DUI arrest.

The above article was written by Mark J.

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Arrest and what constitutes a speedy trial

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If you have committed a crime but have not been arrested or charged with the crime, you may be wondering what is taking so long.  You may have heard that you have the right to a speedy trial.  If that is the case, why are the police taking so long to arrest you?  And why have they not brought the case to trial?  After all, the right to a speedy trial means that the police have to arrest you within a certain amount of time, right?

The fact of the matter is that you may have a long wait before your “speedy trial” takes place.  The right to a speedy trial refers to the time after you have been arrested but before the trial takes place.  And you are correct that to have a speedy trial the trial must start within a certain amount of time.  But before we get into a discussion of the trial and what a speedy trial is, let us first consider the time until you will be arrested for having committed a crime.

In the case of having committed a crime, how quickly you are (or are not) arrested depends in large part on the statute of limitations for the crime.  For almost every type of crime, the police have a set amount of time when they can arrest you for the crime.  This amount of time is not a one-size-fit-all length but rather varies depending on the state where the crime occurred and the type of crime being considered.

The statute of limitations is in place to protect the rights of individuals.  First, evidence becomes less reliable over time; therefore, the statute of limitations is in place to incent the prosecution to bring cases to trial sooner rather than later.  Second, people in general have a certain right to be able to get on with their lives; they should not have to wait indefinitely to see if the police are going to come knocking on their door and arrest them.

For this second point above, I write “in general” because in certain cases there is no statute of limitations.  For the most serious felonies such as murder and certain crimes of a sexual nature, there may be no statute of limitations.  In other cases, the statute of limitations can vary depending on how serious the crime is.  For example, in the case of a DUI, the statute of limitations may be shorter if it is your first DUI than if it is your fourth DUI.  This is because with the increase in the number of DUIs on your record, the more likely your latest DUI will be considered a felony rather than a misdemeanor.  In general, the more serious the crime, the longer the statute of limitation is for prosecuting that crime.

Once you have been arrested for a crime, although you are guaranteed the right to a speedy trial, there is not a set timeframe for what constitutes a speedy trial as is the case with the statute of limitations for a crime.  Rather, what is considered a speedy trial will depend on the circumstances of the individual case.

  • If a case is complicated, the court will generally give the prosecution more time to gather witnesses and other evidence than if the case is simple.
  • If the defendant benefits from and agrees to a delay in the trial (because it benefits his defense in some manner), the court will allow a longer delay than if the defendant objects to a delay.
  • If the court does not believe a delay in the trial will impact the ability for the defendant to receive a fair trial, the court may allow a longer delay than if a delay is more likely to result in a guilty verdict against the defendant.

In summary, the police in general have a limited amount of time (known as the statute of limitations) during which they can arrest someone for a crime, and the statute of limitations can be for years or indefinitely for some crimes.  And while you have the right to a speedy trial, the court has a lot of flexibility in determining what is and is not a speedy trial.  In the end, if you want to know the statute of limitations or what constitutes a speedy trial for your case, you should speak with a criminal defense attorney who is familiar with the laws of your state.

The article above was written by Mark J.

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Appealing your DUI conviction

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If you have been found guilty of a DUI and you are not willing to accept the sentence given to you by the court or have the conviction on your permanent record, you may be considering appealing the guilty verdict.  An appeal is when you have a higher court review your case to determine if there is some form of legal  issue that would invalidate the guilty verdict rendered by the lower court.

First, if you are appealing your conviction, you should do so as soon as you can.  There may be a limited time frame during which you can file an appeal, so you need to be sure not to miss that window.  In addition, the appeals process generally does not happen quickly, so it is wise to get the process started as soon as you can so the appeal can be completed and you can begin to live your life based on the outcome of the appeal.

During the appeal, the higher court will not review new evidence.  Rather, they will review the transcript of your case, which is a word-for-word account of what was said during the trial, and all evidence submitted in your case.  In addition, you will submit with the appeal a description outlining why you believe the original verdict was not accurate.  (Likewise, the prosecution will submit a description as to why they believe the original verdict was correct.)

Reasons why the higher court may overturn the original conviction include the following:

  • Inadmissible evidence.  Evidence was included in the original trial that should not have been.  For example, if a blood sample was taken from me without my consent and without the police first obtaining a warrant, and the results of that blood sample were entered into evidence in the original trial, then the verdict stemming from that trial is not valid.
  • Insufficient evidence.  The evidence in a criminal trial must be sufficient to convince a person beyond a reasonable doubt of the defendant’s guilt.  If the higher court believes there was not sufficient evidence to reach this standard of guilty, the guilty verdict will be thrown out.
  • Deficient legal defense.  As a part of your trial, you have the right to a thorough representation by an attorney.  If your attorney did not sufficiently protect your rights and it results in you being found guilty, the appellate court may throw out the conviction.
  • Errors by the court.  During a trial, the judge gives various instructions to the jury regarding their responsibilities and what they can and cannot do.  If the judge gives the jury improper instructions, it could result in the jury returning a guilty verdict that is not appropriate.

Any of the above items are reasons that the appellate court may determine you did not receive a fair trial and could result in you winning your appeal.  If the appellate court determines that the evidence was not sufficient to find you guilty, you will be acquitted, which means there will not be another trial.  If the appellate court determines that there was some form of legal error, they will order a new trial.  In the case of a new trial, if certain evidence is no longer available to the prosecution, the prosecution may decide not to go forward with the new trial, because they believe they cannot win.

Whatever the circumstances, if you are considering appealing a criminal conviction, you should speak with an attorney.  The process for appealing a verdict in a successful manner is not a simple one, so you will need the expertise of a criminal defense attorney in order to review your case and step through the process properly.

The article above was written by Mark J.

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Arrested for DUI but not driving

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It is not unusual for questions to appear on DUI forums about drivers who are arrested for DUI or driving under the influence but who were not actually driving the automobile. Although driving under the influence or DUI is a common acronym, most people do not realize that you may not have to be actually “driving” the automobile to be arrested for a DUI (driving under the influence).

So if driving under the influence or DUI does not really mean driving what does it really mean? In some states, drivers can be arrested for DUI (driving under the influence) if they are in “actual physical control” of the automobile. This means the driver may not be driving the automobile at the present moment but if they are in the automobile or on the automobile and they have the capability to drive the automobile (keys in their pocket or in the ignition) they may be charged with DUI.

So can you really be arrested for DUI if you are sitting in the driver’s seat, sitting on top of the car or simply listening to the radio? Unfortunately, yes, it is not unusual for a driver to be sitting in their car and an officer to approach the vehicle, notice they are impaired and decide to ask them to complete either a blood alcohol concentration (BAC) test or to take a field sobriety test.

Unbelievably, in some states you also may be arrested for DUI if you are sitting in the car, asleep. Some drivers may sit in their car and have the keys in the ignition without the intention of ever driving; in fact, they may have good intentions and may be attempting to wait until they know they can safely operate their car, but they have instead been arrested for DUI and convicted.

Defending against a DUI

Obviously, the best course of action is to never drive if you are intoxicated. If you have been arrested for DUI but you had no intention of driving (you were asleep), you may be able to get video surveillance which might prove that you were in the car for several hours. Other drivers have had success avoiding a DUI arrest if they did not have possession of the car keys. It will be increasingly difficult for the prosecutor to prove that you had the ability or intent to drive if you did not have possession of the car keys.

So what is the bottom line? You can be arrested for DUI even if you were not actually driving the motorized vehicle and the police did not witness any of the “normal” driving actions which can establish probable cause for a DUI arrest: weaving, running a red light, illegal turn, speeding, driving the wrong way, or driving erratically.

If you have been charged DUI, it is time to talk to a DUI lawyer. If you are interest in contacting a lawyer, fill out the FREE case evaluation form and a DUI advocate will contact you to discuss the facts of your case. Visit our website at http://www.duiattorneyhome.com or call our 24/7 DUI Help Line at 1- 866-228-3201.

 

 

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