Tag Archives: defending DWI

Hiring A DUI Attorney For My Out-Of-State DUI

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Getting arrested by police and charged with DUI is a terribly difficult situation when it happens in your home state, but when you receive a DUI in another state your problems are multiplied. You may be tempted to just plead guilty and move on, or simply drive back to your home state vowing to never again step foot in that state, thinking the penalties of the DUI will not follow you home. Be warned: A DUI conviction and its’ penalties can be effective in the state you were arrested in and your home state.

Should I hire a DUI attorney?

 

You will face all of the same penalties and procedures as if you were a resident of that state. Although each state has its own unique DUI laws and statutes, you will likely face two court proceedings. One is the criminal case against you and the other is the revocation of your license through an administrative license suspension. An experienced DUI attorney can look at the specifics of your DUI case and guide you through both of these procedures.

One of the main benefits for hiring an attorney is that he can appear on your behalf in court. DUI proceedings can generally take anywhere between two months and one year to resolve. It can get expensive and burdensome to travel back and forth every time you are scheduled to appear in court or at the Department of Motor Vehicles (DMV). You could recoup some of what you pay in attorneys’ fees and save yourself a lot of stress and loss of personal time by hiring a DUI attorney to assist you.

In which state should I hire my DUI attorney?

 

As stated previously, each state has its own DUI laws and penalties. They could vary widely. An attorney from the state where your DUI will be prosecuted will be an expert in that state’s laws and could have invaluable relationships and knowledge of the courts and how they work. These things could be vital when it comes to dealing with the Prosecutor on your behalf and working out an agreeable plea bargain. A skilled attorney can make sure any alcohol education programs or community service be performed in your home state.

One more item for consideration: an in-state DUI attorney will know about any diversion programs that could get you out of a potential conviction.

What happens if I go back to my home state and ignore the drunk driving charge?

 

Due to the Interstate Driver Compact, 45 of 50 states share information regarding all driving related offenses, including DUI. This means that a DUI conviction in one state will follow you to your home state. You will lose the privilege to drive in both states.

If you fail to appear in Court, a warrant for your arrest will be issued. Some states, upon finding the warrant will not allow you to renew your license or even arrest you and force you to go back and handle the issue. If you fail to follow through on the terms of your plea agreement then you could also be taken into custody.

Being charged with an out-of-state DUI is definitely a hassle. Don’t compound the problem by entering a quick guilty plea or burying your head in the sand and running back home, hoping it will all go away. Protect your rights by hiring an experienced DUI attorney in the state where you were arrested.

Rights You Have After a DUI Arrest

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Sometimes the biggest problems start innocently. You might be at a party, drink a little, decide to drive home, and then you’re pulled over. You think you’re fine, but you end up failing the breathalyzer test. At this point, you may wonder what your rights are. Should you take the breathalyzer? Can you refuse other tests? Do you get to know all the charges made against you? This blog guide can answer these questions and more.

Right to a Lawyer
First off, you need a DUI lawyer if you are charged with a DUI. As noted on this blog, if you are charged with a crime, you need hire a lawyer, and never simply plead guilty. Pleading guilty gives you no chance. Pleading guilty means you accept the crime. Pleading guilty means you are not even questioning the penalties. A lawyer can question the charges, can lower penalties, and can sometimes even allow you to be found innocent. At the least, you want to lessen the charges, but there are always mistakes, even if you had been drinking, and this can lead to an innocent verdict.

Do you have to take the breathalyzer or other tests?
Yes, you have to take the breathalyzer test by law in all 50 states, and can receive immediate penalties if you deny it. State laws differ on this, but you almost always want to take the breath test. If you are unsure, you might ask the officer the penalties. If you are positive you will fail, you may consider refusing it. However, your license will immediately be suspended. You also have to take blood tests. However, you need not take field sobriety tests – where you walk in a line or count the alphabet backwards – because there are no laws saying you must. It’s up to you at that point.

Right to a Trial
If you are charged with a  DUI, you are not found guilty upon failing the breath test. You have the right to a trial. And with a lawyer on hand, you can make a not guilty plea and work to lessen the charges if not win completely.

Right to Question the Charges
You always have the right to question the charges made against you. You can question what the officer did. He or she may have made mistakes in arresting you. You can always question the validity of any sobriety tests. The breathalyzer test has a history of being wrong.

Right to an Appeal
If you are charged with a crime and found guilty, there is always the appeals process. If you lost, and the evidence is against you, you may reconsider. On the other hand, if some of what happened in court can be questioned, if laws were misinterpreted, you may win in appeals court.

7 New York DWI Laws to Know

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New York uses the term Driving While Intoxicated (DWI) for its drinking and driving laws. The problem is that DWIs are a leading cause of death. The answer is to avoid drinking and driving at all. You might get a designated driver. You might call a cab. You might simply stay where you are. You do anything but drive after drinking. If you do drink and drive, you risk being charged with a DWI. New York DWI laws can be quite complex, but this blog guide can help you with the basics.

First Offense
You might expect a first New York DWI offense to be quite lenient. Actually, you can expect a fine of at least $500, to have your license suspended for six months, and to spend up to a year in jail. If you make this mistake, make it your last, and be sure to hire an experienced DWI lawyer.

Second Offense
The second DWI offense gets even more serious. As in most states, if you receive a second DUI before a certain amount of time has passed – in New York it’s 10 years – you can be charged with a felony. Felony charges are the maximum charges you can get for a driving offense. You can expect larger fines, more time in jail, and a longer license suspension.

Third Offense
If you get a third or further offense, you can expect prolonged jail time, to lose your license for years time, and to get some big fines. If you are unfortunate enough to go this far, you are at the mercy of the courts, but you may not be guilty. You should always fight the charges, and should do so with a  DWI lawyer.

DWAI
This term is driving while ability impaired, and means you were driving under the influence of drugs or alcohol, if not both. The charges are similar as a DWI. If you get caught smoking drugs, for example, you can be charged with this and also be charged with possession.

DWI and Prescription Drugs
Even legal drugs can lead to DWI charges. Even if you are prescribed medicine, if it affects your ability to drive you should not take it before driving. An officer still needs a valid reason to pull you over, but if your driving is impaired, you break a law, and are pulled over, you can be charged with a DWI and get subsequent charges.

Aggravated DWI
In the state of New York, the aggravated DWI charge means you were tested as having a BAC (blood alcohol content) level over .18. It’s illegal to be at .08 in all 50 states, but if you are even further intoxicated, you are a greater danger on the road, and are subject to serious charges.

Your Right to a DWI Lawyer
No DWI charge is final. No DWI charge means guilt is assured. You should hire an experienced New York DWI lawyer if you are charged with this crime, you should question the charges, and you should plead not guilty in court.

Avoid Costly Drinking and Driving Fines

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One of the downsides often overlooked when it comes to drinking and driving charges is about the money. You may spend thousands, if not tens of thousands, on fines and court costs. How can you save money on DUI court costs? This blog guide goes over ways to avoid the fines, fees, and other costs.

Avoid DUI
It may be too late, but if you can avoid drinking and driving in the first place, you can save on fines and fees. You may get a designated driver. You may call a cab. You may ask for a ride from a friend who has no drank anything. Thousands die every year because of drinking and driving, and thousands more avoid problems by simply making the right decision and not driving. It’s estimated over 50,000 lives are saved every year simply because of the system of using a designated driver. These numbers speak for themselves.

Multiple DUI
Fines and fees increase the more DUI charges you get. A first time DUI can be costly, yet the fines are not that much – from $500 to $1,000, depending on the state and the nature of the charges. However, what can be more costly are the court fees. You need a lawyer if you want to avoid paying costly fines, but if you win, you then owe more money in legal fees. It’s a double edged sword, but remember you will be doing far more than paying some fines if you lose. If you win, or lessen the charges, you can avoid jail time, license suspension, and probation.

Cheap Lawyer?
Should you hire a low-priced lawyer? Well, simply because a lawyer is “cheap” does not mean he or she is bad. Nor does an expensive price mean a lawyer is good. However, don’t let price stop you from looking for a lawyer. You definitely need one. You may be able to lessen the charges, if not have them dropped. You may not have been over the limit at all. The arresting officer may have made a key mistake. These things happen all the time. If you are getting felony charges for multiple DUI offenses, the costs can be quite high, making hiring an experienced DUI lawyer even more important. So don’t focus necessarily on price.

Choosing a Lawyer
You should hire a local lawyer familiar with your state laws. You should not pay tens of thousands of dollars. You should hire a lawyer who has court room experience. You need a lawyer who specializes in DUI law.

Other Costs of DUI
DUI charges are about more than lawyer fees and misdemeanor or felony fines. A first time offense can mean days to weeks in jail. A felony charge for multiple DUI offenses may mean months in jail. If someone was hurt because of you’re driving, you may even face years time in jail. Further, you will be losing your license too, sometimes for years.

DUI Defense Strategies
How can you win? How can you avoid excessive fines, fees, jail time, and suspensions? There is no magic solution. What you can do is start immediately. Look for a good lawyer immediately. Be completely honest about what happened with your lawyer. Plead not guilty to the charges. Then let your lawyer make a defense. As noted, there is often a hole in the prosecution’s case. Your lawyer can find it.

5 Questions to Ask a DUI or DWI Lawyer

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Do you specialize in DUI law?
As often noted on this blog, not all lawyers are equal. If you want to file a injury lawsuit, you get an injury lawyer. If you want to beat DUI charges, you hire an experienced DUI lawyer. You want  someone who specializes in DUI law. If you find a lawyer who does not specialize, find a new one. Every state has different DUI laws, which can be quite complex. One state may punish you based on how intoxicated you were. Another state may punish you more for multiple offenses. Different states may have different laws on refusing a breathalyzer. If you hire a lawyer with no DUI experience, it’s like asking a therapist to work on your knee.

How much do you charge?
Price should be an early question. Obviously you should be able to afford your DUI or DWI lawyer. You should be able to hire the best one at the price you can afford. Few of us can afford to spend tens of thousands. But you can hire one who specializes in DUI law; You can hire someone with availability. You can hire one who you can communicate well with. And you can do all this for a fair price.

Can I win a not guilty plea?
In the majority if DUI cases, you should plead not guilty. It’s a matter of course: you never want to plead guilty. If you don’t fight, you are accepting the charges. If you avoid hiring a lawyer, plead guilty, and think this may save you some time and money, it won’t. You will simply be charged to the full extent of the law. If you plead not guilty, you can do things like question the charges, question the validity of the breath or blood tests, even question the honest of the arresting officer. Many, many things occur in DUI cases which can be brought up in court. So ask your lawyer if you think you truly have a chance of winning a not guilty plea. You almost always can find something to fight.

Should I plead guilty?
It deserves to be said again: plead not guilty. Again, you can either save time and money by pleading guilty, then getting fairly damaging charges, or give yourself a chance to win in court.

How can you help me?
Finally, you want to be clear that this DUI lawyer can truly help you. It can save you some valuable time and money if you simply ask your lawyer upfront what he or she can do to help you avoid charges. Ask for a DUI defense strategy. Ask if any experts can be called in to question the charges. Ask how this whole process will end.

6 Tips on the Sobriety Test

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Do you have to take the breathalyzer test? What happens if you refuse? These kinds of questions are asked every day by people who get charged with a drinking and driving. Sobriety tests themselves can be quite complicated, so this blog guide will help you understand how sobriety tests work, what rights you have, and how you can avoid major charges.

Do you have to take the breathalyzer?
While some tests you do not have to take, as no law says you must, the breathalyzer test is something you can be punished for denying. All states have laws in place where if you refuse a breathalyzer you can have your license suspended and risk other penalties.

Are breath tests 100% accurate?
No, breath tests are subject to human error. Therefore, if you fail one, it’s not always accurate. The majority of the time the breath test is correct, but the blood test is technically much more accurate. The problem with breath tests is the fact there is no difference whether you are 120 lbs or 220 lbs, nor if you’re a man or woman. Also, the officer may incorrectly operate the breathalyzer.

Do you have to take the blood test?
Yes, you must also take the blood alcohol tests. These have similar charges if you refuse them as breathalyzer tests. Blood tests are the most accurate form of sobriety test available. They too are subject to error, as is any test, but it’s very rare. If you fail both a breathalyzer and blood test, you may be in trouble.

Do you have to take other sobriety tests?
Other sobriety tests are quite often optional. There are no laws stating you have to walk in a straight line, or say the alphabet backwards, or count down in some way. These are all optional. If you are unsure, ask the officer if you must by law take this test. Rarely if ever are these field tests mandatory.

What happens if you fail and are charged?
If you fail a breathalyzer and/or blood test, you can be charged with a DUI. It depends on how many offenses you have received. Even first time offenses can be quite damaging, but of course they are less tough on you than multiple DUI charges. A first time offense often means you will get your license suspended for six months to a year, you may face some jail time, you may be fined, among other penalties. If you get further DUI charges, you risk getting a felony, which means a longer license suspension, more jail time, and bigger fines.

Who can help?
If you are charged with a drinking and driving, it’s not the end of the world, but it’s a serious charge. It may be the toughest legal battle you have to fight in your lifetime. Therefore, you need proper help, and that means hiring an experienced DUI lawyer. It’s his or her job to fight for your rights. There may have been mistakes in the arrest. The breath test may have been wrong. You may have proof you were not intoxicated. If you were drinking, you might think pleading guilty is a good idea. Pleading guilty is rarely a good idea when charged with drinking and driving. Hire a DUI lawyer and make no decisions yourself.

How to Avoid a DUI

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Drunk driving is almost always unnecessary. There are some ways to avoid drinking and driving, and the consequences involved. First of all, get a designated driver. Second, if you know someone who has been drinking, you may even want to take their car keys. Third, if you know you are intoxicated, and you have no designated driver, call a friend, loved one, or cab. Finally, if you are pulled over for drinking and driving, it does not always mean you’re guilty, so hire a proper lawyer. This guide will explain these points in detail.

The Designated Driver
It’s estimated about 50,000 lives and thousands more injuries are saved every year by drinkers using designated drivers. This is actually an important part of our society. For those of us who enjoy partying, making a plan beforehand is crucial. What is a designated driver? It’s the person who does not drink any alcohol, planning to drive everyone home after the party or bar scene. It’s, oddly enough, a respected position. You can avoid embarrassment, first time DUI charges, and accidents by having a designated driver.

Don’t Let Drinkers Drive
Even if someone seems fine, you should not allow them to drive after drinking. Sometimes it’s obvious they are intoxicated and should not drive. Their speech may be slurred. They might have trouble walking. They may smell like alcohol. If this occurs, you can do them a favor and take their keys. You might even drive them home if you haven’t been drinking. In the end, you are saving lives by doing this.

Call Someone
We don’t always have a plan. This is where we get into trouble. You may drink a few and think you’re fine. You may drink way too much and make the wrong decision. Then you get pulled over and are charged with a  DUI. How can you avoid this? Simply by calling someone for help. There is no shame in this. Ask a friend or loved one for a ride. In the worst case, pull out your wallet and call a cab. You need not put yourself in danger, and can avoid getting into major trouble.

Get Legal Help
If you are pulled over for drinking and driving, you may think the charges will always stick. How does an officer know you have been drinking and driving? Sometimes they don’t; you simply broke a simple traffic law and they pull you over. Other times you are making clear mistakes, as well as swerving, and are obviously intoxicated. It does not always mean you should surrender your right to a defense. A DUI lawyer is crucial for a defense. First of all, the officer needs a reason to have pulled you over: you must have broken a law. Second, the officer must have followed all laws in arresting you, including reading you your rights. Third, DUI tests, such as the breathalyzer, are not 100% accurate. These are known to be wrong. And other sobriety tests, such as walking in a straight line, have a history of being wrong.

If you can avoid drinking and driving, you can avoid a DUI. But if you have been charged, it’s time to get some legal help, a DUI lawyer.

Indiana OWI – First Time Offense and Hiring a Lawyer

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Indiana uses the Operating While Intoxicated laws, which for most purposes is similar to a regular drinking and driving offense in other states. You still have the BAC limit of .08% or greater, as used by  all 50 states. There are some differences, such as on penalties and in legal help. What are the charges for a first time offense? And how can you hire an experienced OWI lawyer?

First Time OWI Offense
After your first offense you will face felony charges, but even a first time offense can be quite severe. You can face from 60 days to one year in jail. Fines can be from $500 to $5,000. Your license can be suspended for 180 days. When pulled over and Indiana officer has the right to give you a breathalyzer, and you also have to submit to a blood and urine test, if asked for. If you refuse to take any BAC tests, you can have your license suspended for up to 1 year.

You do have the option of what’s called a deferment, where you go through an alcohol and treatment program. This is an option for a first time DUI, but can only be used once. If you do so, you can limit the penalties you face.

Finding An OWI Lawyer
Where do you go for a OWI lawyer? Online is a good resource, if not via referrals from your family lawyer. You can always find an experienced lawyer by looking at his or her experience online. You do want a lawyer who specializes in OWI law, not someone who has no relevant experience. While you have the option of a court appointed lawyer or to defend yourself, these options are quite dangerous. You simply won’t know what to expect with a court appointed lawyer, or if you defend yourself and are not a lawyer, you simply won’t know what is occurring in the court room.

Indiana OWI Defense
If you are facing a first time OWI offense, you do have many more options for limiting the charges. You might get a deferment after going through counseling. You have more options for defense because you are not a habitual offender. And your lawyer might be able to prove you were not over the limit. As noted, if you get further penalties, you face felony charges. Felony charges mean longer jail time, bigger fines, and longer license suspensions, among other penalties. While you still have option for defense, it will be more difficult, and require the help of an experienced OWI lawyer.

To get started, continue studying your options when charged with an OWI. Again, if you can get a deferment, unique to Indiana, you might be able to come out of this much better. If you have any questions, it’s time to consult with an experienced Indiana OWI lawyer. Do not wait until days before your trial to consult with a lawyer; hire one as soon as possible.

Your Options for Defending Drinking and Driving Charges

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A DUI defense is always possible. You may consider pleading guilty. You may just accept the charges. You might not hire a DUI lawyer to defend you. But these are mistakes. You have options for defending a drinking and driving charge. This guide explains them to you.

Plead Guilty?
You should almost never plead guilty to a DUI charge. The problem with pleading guilty is that you are accepting the full charges. You may be guilty of some of what happened, but you need not accept every charge made against you. Instead, you should hire a lawyer and prepare a defense.

Plead Not Guilty
Pleading not guilty to a drinking and driving charge is one of your options, and it’s the best. There may be a problem with the blood alcohol test. The arresting officer may have made a mistake. Your lawyer may find a problem in what happened, or proof you might not have been intoxicated at all. In other words, you should almost always plead innocent, as it’s your right.

The BAC Level
Blood alcohol level tests are not 100% accurate. Few tests on your body are without some chance of being wrong. The breathalyzer, for example, has a history of being wrong. It is subject to human error; simply because you fail it does not mean you are guilty. Therefore, it’s time to question it. Blood tests are much more accurate, but they too are subject to some error.

The Arresting Officer
Sometimes the arresting officer makes mistakes. He or she might pull you over for no reason. The officer may break your rights during the arrest. The officer might profile you simply because you are a minority, a woman, or in a certain make of car. You have clear legal rights. The officer must have a valid, provable reason for pulling you over. You cannot just be pulled over because it’s late or because you look intoxicated. You must break a law to be pulled over in the first place.

Your Lawyer Options
Perhaps the most important right you have when charged with drinking and driving is to representation. You need an experienced DUI lawyer, someone who specializes in handling these cases, who you can hire to fight for your rights,who you can communicate with, and who you can afford. You have the option for a court appointed lawyer, or even to defend yourself, but this is a big decision and a very important defense. You need a professional. A court appointed lawyer has no stake in your defense; he or she might even advise you to plead guilty or accept the charges, always a mistake. Unless you are a DUI lawyer, you should never defend yourself.

Drinking and driving is a major problem, and a mistake. But guilt is not always 100%, even if you can admit some mistakes. Know your options and prepare an effective defense.

6 Dangers of Drinking and Driving

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Very simply, the more you drink, the more chance you have of being in an accident, often a fatal one. That is the danger of drinking and driving. Let’s go into detail on why it’s so dangerous, what you can do to avoid it, and when to get legal assistance.

Fatal Accident
According to a recent About.com study on alcoholism, if you have a BAC (blood alcohol content) level of .10, you are seven times more likely to get into a fatal crash than another driver who has not been drinking. Even a minor accident can lead to death, especially at night. If you go even further, to levels as high as .15 or .2, you are even more likely to get into a fatal car accident (about 25 times more according to the study). Drinking and driving is one of the leading causes of death. And there are penalties if you’re driving causes a  death, which we will be going over.

Major Injury
You may not die, or the other driver may not die. You may face a major injury. Trauma from an accident, broken bones, sometimes being paralyzed, or a variety of other things many simply do not want to think about. Well, this is the reality. You need not die, obviously, to have your life changed because of drinking and driving.

Other Drivers
You are putting other drivers at risk by driving. Drinking and driving affects your vision, your coordination, your ability to see distance, and may even lead to passing out while driving. There are many more effects, but this is fairly obvious stuff. The point is your driving may not harm you at all; you may not see the other driver and run right into his driver’s side door, killing him.

Vehicular Homicide
And if someone dies because of your drinking and driving, it can be called “vehicular homicide,” which has very serious charges. There are thousands of deaths every year related to drinking and driving. It’s a leading cause of death in all 50 states. You stand to do more than lose your license; you face serious jail time.

Mixing With Drugs
Mixing alcohol with other drugs further hurts your ability to drive. You may not even know your medicine should not be taken with alcohol, but it’s your job to find out. It may lead to a severe problem before you even start driving. Drugs obviously cause thousands of deaths every year too.

Charges
The final danger of drinking and driving is facing some serious license suspensions, fines, jail time, probation, and more. State laws all differ on how to charge you. If it’s found you have a BAC of .8 or higher, you will be charged. All states use this law.

Who can help? If you’re charged with a DUI, perhaps one where you or someone else was hurt, it’s important to hire an experienced lawyer. Get someone who specializes in DUI law. While you do have the option to defend yourself or use a court appointed lawyer, it’s important to hire a professional who understands the laws and can help.