Sobriety tests are now as common as DUI arrests. What this means to drivers is clear proof of driving under the influence. While many states have different terms and laws for handling DUI and DWI arrests, one thing is the same across the board. The blood alcohol level limit is 0.08% for all states and districts in the U.S. If you are at 0.08% or over, you can be fined, given jail time, and have your license suspended.

But you might be wondering, are these breathalyzer, blood, and other tests as accurate as you’d been led to believe? After all, the entire case against you is based on a simple test. While some would discount that these tests are in any way inaccurate, it’s still useful to look into the details.

When you are pulled over and the officer suspects your under the influence, he/she can administer more scientific tests such as the breathalyzer. Almost every state has the “implied consent” law where if you refuse to be tested for alcohol levels your license can be suspended. There are other tests too.

“Field of Sobriety Tests”
These tests are the ones we all know, where you’re asked to count from 100 down to 1, or spell the alphabet backwards. Officers also check the eyes, for coordination (walking in a straight line), and cognitive abilities. You might often have to do more than walk in a straight line and say the alphabet, as officers are trained in various ways to test alcohol levels.

Blood Tests for DUI
Blood tests are considered to be the most accurate test of alcohol levels in your body. However, in some cases DUI lawyers can argue the testing via blood, namely if the blood wasn’t handled or preserved properly before and during the testing. In fact,some say if the blood is allowed to coagulate, it can lead to false high readings.

Breath Tests for DUI
Perhaps the most common and well known test, the breathalyzer can be used to test alcohol levels right when the officer pulls you over. The actual science behind the breath test is complex, as it tests the level of alcohol in the air you exhale instead of your actual blood level. This results in a lot of guesswork on the officers part, and gives you the chance to fight the case, as false high readings can and do occur

Urine Tests for DUI
Since urine tests are the least accurate of blood alcohol level tests, they’re rarely used. Since alcohol is in the blood and not urine, it’s less accurate. Usually some assumptions have to be made.

Fighting the DUI with a Lawyer
If any of this sounds complex, that’s because alcohol blood level testing isn’t an exact science. While many will fail the tests and be over the limit, some will not, or there are mistakes made, and that’s enough room for a DUI lawyer to help you plead your case. No matter your situation, if you get charged with a DUI you can fight about more than the alcohol tests. You can also fight, for example, if the officer had the right to pull you over in the first place. In the end, hiring a DUI lawyer can help you out of this situation and perhaps help you keep your license and avoid jail time.

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If you have been arrested for a DUI in California, it is important to discuss your DUI case with a California DUI defense lawyer as soon as possible. A DUI lawyer can take immediate action and help develop your DUI defense. According to California DUI laws, an APS or Administrative Per Se Hearing must be scheduled within 10 days from the date of your DUI arrest. Failure to seek adequate legal counsel can result in harsh penalties for your DUI arrest including:

• Jail time
• Large monetary fines
• Suspended or revoked driver’s license
• Increased California car insurance premiums
• Installation of an Ignition Interlock Device
• Probation
• Participation in a DWI education program
• Loss of a commercial license- if you are a commercial truck driver

Failure to contact a DUI attorney in California is a mistake. California DUI laws and mounting a DUI defense can be complicated. A DUI conviction will stay on your driving record for at least 7 years. A California DUI lawyer can help. Call a DUI attorney today for a free consultation about your DUI arrest.

What is a DUI?

In California it is illegal to drive under the influence of any alcoholic beverage or drug. California DUI laws define “under the influence” as being “unable to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances”. Proof of a DUI can be obtained from the observation of an individual. The officer watches for slurred speech, the inability to walk or blood shot eyes. Additional evidence can be obtained through a Blood Alcohol test. In California it is illegal to drive with a BAC of 0.08 or higher. If your BAC is 0.08 or higher, you can be charged with a DUI even if you are not exhibiting any signs of being “under the influence”.

California DUI penalties

First Offense:

·         The court will sentence the defendant to a jail term for a minimum of 48 hours.

·         Fines can range from $1400 – $1800 and additional court fees are included. All DUI fines must be paid within 45 days or financed to be paid. Some fines may be discharged by community service.

·         A 3- 5 year probationary period will be imposed.

·         Required 10 month license suspension (limited driving may be allowed for school and work)

·         Required attendance of a 3-6 month drug and alcohol program is mandatory

Second Offense

·         Required jail term for a minimum of 96 hours

·         A 3-5 year probationary period

·         $1800 – $2800 in fines and penalties must be paid plus additional court fees

·         18 month driver’s license suspension, drivers may apply for a restricted license 12 months after the DUI arrest

·         The defendant must attend a drug and treatment program for 18 months.

Third Offense

·         Required jail term for 120 days minimum

·         3-5 years probation

·         $1800-2800 in fines and penalties for the 3^rd DUI conviction, plus court costs must be paid

·         A mandatory driver’s license suspension for 18 months to 3 years.

·         A mandatory installation of an ignition interlock device.

Common DUI questions

Is a DUI arrest like a traffic ticket?

No, if you are convicted of a DUI there can be very serious penalties including a suspended license, probation and increased insurance rates. A DUI conviction is either a misdemeanor or a felony. It is important to take your DUI seriously and talk to a California DWI/DUI attorney as soon as possible.

How do I find a good DWI Lawyer?

Find a DUI attorney who has experience in criminal law. Find someone who is easy to talk to and wants to help you with your DUI case. Does the DUI lawyer listen? Did they answer all of your questions? Make sure you find someone knowledgeable about California DWI laws. Beware of a DUI defense attorney who guarantees results. There is no attorney who can guarantee a dismissal of your case.

Do I have to hire a DUI lawyer or can I represent myself?

Unless you fully understand the complexities of California DUI law it does not make sense to try and represent yourself in a DUI criminal case. If you do decide to represent yourself, you will need to file a hearing with the DMV within 10 days of your arrest. A DUI arrest is a serious matter, it is important to talk to a California DUI attorney as soon as possible.

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Technically, DUI means driving under the influence of some type drug. Under Maine’s Bureau of Motorized Vehicle (BMV), the definition for DUI under code §2401 states “Under the influence of intoxicants” means being under the influence of alcohol, a drug other than alcohol, a combination of drugs or a combination of alcohol and drugs.

The same code defines “OUI” as operating under the influence of intoxicants or with an excessive blood-alcohol level. OUI in Maine is similar to the term DWI used in other states. DWI means simply driving while intoxicated, and in many states, refers to the use of alcohol.

The use of DUI and OUI can be interchangeable, but OUI usually refers more to the severity the drug has metabolized within the offending person’s body. Convicted first time offenders can receive jail time, a stiff fine, and driver’s license suspension with a conditional reinstatement for one year. The conviction, even a first time conviction, stays on your record permanently.

According to a news article in dui.com and posted July 14, 2009, “Effective today, those stopped for suspicion of driving under the influence in Delaware will be facing twice the fines, and repeat offenders could be sentenced to jail for up to 15 years.” All across our nation, whatever term you refer to drinking and driving or drunk driving, states are clamping down on these type traffic violations.

When you face these kinds of charges, it is no time to handle your case all by yourself. You may need an attorney who  understand the subtle differences in the legal jargon of Maine law, and who specializes in representing YOUR best interests.

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Technically, DUI means driving under the influence of some type drug. That can mean alcohol, prescriptions, or illegal drugs. DWI means simply driving while intoxicated, and in many states, refers to the use of alcohol. The use of the terms can be interchangeable but DWI usually refers more to the severity the drug has metabolized within the offending person’s body. The Virginia Vehicle Code § 18.2-266 says it shall be unlawful for any person to drive or operate any motor vehicle, engine, or train:

• while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article,
• while such person is under the influence of alcohol, while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely,
• while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or while such person has a blood concentration of any of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood.

Any confusion of terminology used comes from Virginia’s use of the word “impair” in their vehicle codes. The term or variation of the word is often used interchangeably with intoxication. So, DWI becomes driving while impaired. Most agree that being impaired is a lesser degree of intoxication but certainly means being under the influence of the related drug.

Convicted first time offenders can receive stiff fines, revocation of license for a year, jail time, and mandatory attendance of the Virginia Alcohol Safety Action Program (VASAP). The conviction, even a first time conviction, stays on your record permanently.

Effective July 1, 2004, Virginia changed many DUI penalties, increasing their severity. Whatever term you refer to drinking and driving or drunk driving, states are clamping down on these type traffic violations. When you face these kinds of charges, it is no time to handle your case all by yourself. You need an attorney who understands the laws involved in such cases. Contact us so that we can help you get in contact with a DUI lawyer who can help you understand the subtle differences in the legal jargon of Virginia law, and who is ready to represent your best interests.

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Technically, DUI means driving under the influence of some type drug. That can mean alcohol, prescriptions, or illegal drugs. DWI means simply driving while intoxicated, and in many states, refers to the use of alcohol. The use of the terms can be interchangeable but DWI usually refers more to the severity the drug has metabolized within the offending person’s body. According to Hawaii’s Vehicle Code §291E-1, “under the influence of alcohol ” means an amount of alcohol sufficient to impair the person’s normal mental faculties or ability to care for the person and guard against casualty. Here, the word “impair” comes into play, and is often associated with the terms “intoxicated” and “influence. For practical purposes, all three terms are interchangeable.

Convicted first time offenders of a DUI in Hawaii can receive jail time, a stiff fine, and license suspension.

Excerpts from a news article entitled “Arrests Up for Hawaii DUI in Honolulu” and posted on January 20, 2009 on the dui.com website, reads: “The Honolulu Police Department has released figures showing an increase in the number of arrests for driving under the influence in Hawaii. Nearly 400 more motorists were charged with suspicion of DUI in Honolulu in 2008 than the previous year. That continues an eight year trend reflective of increased law enforcement efforts.” Whatever term you refer to drinking and driving or drunk driving, states are clamping down on these type traffic violations. When you face these kinds of charges, it is no time to handle your case all by yourself. You need an attorney who specializes in such cases. Contact DUIAttorneyHome.com to help you get in contact with a traffic lawyer who can help you understand the subtle differences in the legal jargon of Hawaii law, and who specializes in representing YOUR best interests.

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Driving under the influence (DUI), the legal term most commonly used to describe the offense of drunk driving, has been attributed by the National Highway Traffic Safety Administration (NHTSA) of causing 15,387 of the 41,059 deaths by automobile accidents occurring in 2007. The figure represents 37 percent of the total fatal traffic accidents throughout the United States. The NHTSA says, “A motor vehicle crash is considered to be alcohol-related if at least one driver involved in the crash is determined to have had a blood alcohol concentration (BAC) of .01 gram per deciliter (g/dL) or higher. Thus, any fatality that occurs in an alcohol-related crash is considered an alcohol-related fatality.” In 2007, in the state of (state), there were (number) deaths attributed to alcohol which represented (no.)% of the total that were considered traffic-related fatalities. Non-fatal DUI caused accident statistics are even more startling than the fatality statistics, and they include numerous disabling injuries that have occurred all across our land including places like Monmouth, Ocean City, and Atlantic City, New Jersey.

It is true what some say, it does not pay to drink and drive. With these startling statistics, is there any wonder states are cracking down on the people who drive while drinking? Across the nation, depending on the severity of the traffic violation and including the consideration of a fatality, convictions for drinking and driving can be considered a misdemeanor or a felony, and they can bring a multitude of harsh punishments. With a conviction, a person’s record could permanently brand him or her as a life time criminal. The record is often made public to employers and insurance companies.

Traffic laws have been made to protect the innocent because there usually is an innocent party in most traffic accidents. So, if you are facing a DUI related accident in (state) and have been hurt, disabled, or had a fatality of one of your family members as a result, and you feel like you are the innocent party involved, these types of accidents are too serious and complicated for the average layman to handle by themselves. You will need a legal professional to help advise you on what to do and how to protect yourself. Contact us right now at DUIAttorneyHome.com, and we will help you find an attorney in the area where you live that practices in DUI law.

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

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Driving under the influence (DUI), the term most commonly used to describe the legal offense of drunk driving, has been attributed by the National Highway Traffic Safety Administration (NHTSA) to causing 15,387 of the 41,059 deaths by automobile accidents occurring in 2007. The figure represents 37 percent of the total fatal accidents throughout the United States.

The NHTSA says, “A motor vehicle crash is considered to be alcohol-related if at least one driver involved in the crash is determined to have had a blood alcohol concentration (BAC) of .01 gram per deciliter (g/dL) or higher. Thus, any fatality that occurs in an alcohol-related crash is considered an alcohol-related fatality.”

In 2007 in the state of Florida, there were 1,111 fatal alcohol-related fatalities which represented 33 percent of the total in that state. Non-fatal DUI caused accident statistics are even more startling than the fatality statistics. Non-fatal DUI accidents include numerous disabling injuries across our land and hospital bills we are often left to fend off for ourselves.

It is true what some say, it does not pay to drink and drive. With these startling statistics, is there any wonder states are cracking down on the people who drive while drinking? Across the nation, depending on the severity of the traffic violation which would include the consideration of a fatality, convictions for drinking and driving can be considered a misdemeanor or a felony and can bring a multitude of harsh punishments. With a conviction, a person’s record could permanently brand him or her as a life time criminal. The record is often made public to employers and insurance companies.

Traffic laws are made to protect the innocent, and there usually is an innocent party in most traffic accidents. So, if you have been hurt, disabled, or had a fatality of one of your family members as a result of a DUI related accident, and you feel like you are the innocent party involved, these types of accidents are too serious and complicated for the average layman to handle by themselves. You more than likely need a legal professional to help advise you on what to do and how to protect yourself. Contact us right now and we will help you find the legal representation in your area that you will need.

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

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Technically, DUI means driving under the influence of some type drug. That can mean alcohol, prescriptions, or illegal drugs. DWI means simply driving while intoxicated, and in many states, refers to the use of alcohol. The use of the terms can be interchangeable but DWI usually refers more to the severity the drug has metabolized within the offending person’s body.

Wyoming, in its Vehicle statute 31-5-233, adds a little complication to the terms by combining them. Around the legal circles of the state, the acronym DWUI is sometimes used. This term simply means, as described in the statute, “driving or having control of vehicle while under influence of intoxicating liquor or controlled substances.”

Convicted first time offenders can receive jail time, stiff fines, community service, probation along with mandatory attendance of a drug education program, and license suspension. If you get probation, you are not sentenced, and the result does not go on your record if you successfully complete the court mandated education or treatment program. You are allowed probation only one time. A conviction without probation stays on your record permanently.

According to a news article posted in the Casper Star-Tribune on January 20, 2009, the state legislature in Cheyenne has been considering a bill that would adopt ignition interlock devices being placed on the automobiles of first time DUI convicted offenders for one year. The article quoted Representative Debbie Hammons, D-Worland, as saying “the mandatory devices have been shown to be effective in achieving results in the battle against drunk drivers in seven or eight other states.

Every community in the state has problems with drunken driving. This is an aggressive step to do something about it.” Whatever term you refer to drinking and driving or drunk driving, states are clamping down on these type traffic violations. When you face these kinds of charges, it is no time to handle your case all by yourself. You need an attorney who specializes in such cases. Contact us to help you get in contact with a DUI lawyer who can help you understand the subtle differences in the legal jargon of Wyoming law, and who specializes in representing your best interests.

Ready to get Help?

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