DUI Blog

What happens in a DUI trial? Most DUI cases do not go very far in trial. Usually, a guilty verdict is made, and the case is turned over to sentencing. Other times, you might get a plea bargain with the prosecution, though these are rare in DUI cases.

It’s not just a guilty plea or a plea bargain because the defendant is always guilty. Just because most plea guilty to a DUI charge does not mean you have to. You have rights, and you’ll have your day in court. But what really happens?

First of all, this a criminal trial, and the penalties can lead to misdemeanor or felony charges. In criminal cases, a judge and jury can hear the case, though jury trials are less common in DUI cases. The prosecution – in other words the state prosecutor – will be trying to prove you are guilty of drinking and driving, or using substances and driving. You and your lawyer will be saying there is doubt in this case, that there should be no punishment or punishment should be limited.

You need a DUI lawyer unless you are a DUI lawyer yourself. Even if you are a lawyer, and have court room experience, DUI law is too complex to be done by yourself. You also have the option of using a court appointed attorney; unless you plan on pleading guilty, this is a bad option too.

The first step in the case is choosing a jury. You have a right to a jury, but in some cases you may prefer a judge; your lawyer can help with this situation.

Make sure your lawyer has court room experience. For one, both sides will be trying to choose a jury who will help their case; someone who was hit by drunk driver, for example, may not be the type of juror you want as a defendant.

Next you have the opening statements, witness testimony,  and cross examination. Here your lawyer will earn his or her money, making the case that you are innocent, questioning things like the validity of the breathalyzer tests or the arresting officer’s conduct. A witness or expert can often make or break a case. In cases where something occurred upon the arrest which was wrong, a witness can be brought. If the BAC (blood alcohol content) test was questionably administer by the arresting officer, an expert may cast doubt on the charges.

After your lawyer makes his or her final argument, a jury will go into deliberation and decide whether you are guilty or not guilty, as well as what penalties you should face.

This process can sound like reading a different language. Unfortunately, it’s not as easy as you see on TV, and unless your lawyer can prove your innocence clearly, most DUI charges lead to some penalties. That makes hiring the right lawyer very important.

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.

Defending DUI charges can be effective in cases where the officer acted incorrectly, if you were not driving, and especially if the validity of the DUI tests (such as the breathalyzer) can be questioned. The problem is that many believe once they are charged, they are going to be found guilty in a court of law. You have a right to defend yourself in a court of law, with the help of an attorney, as said in the Miranda warning given to you upon arrest.

Why Defense?
Why not just take the charges and be done? Well, it can be easy to say you are guilty, that you deserve punishment. However, you still have rights, and you still have a chance in defense. At the least, the prosecution can offer you a plea bargain. You just don’t know what will happen until you DUI lawyer prepares a defense.

The Officer Arrest
You can challenge your arrest. Say you are an African American woman, you’re pulled over for no clear reason, given a breathalyzer, and arrested. You may have been profiled; it does not always happen that way, but it can. If an officer pulls you over for no clear reason, even if you are not a minority, and you are arrested, you can challenge the arrest. The strategy here would be to say the officer should have never pulled over and arrested you in the first place, throwing out any evidence after. This does happen.

Another point to consider is your Miranda warning, where you’re supposed to be told of your rights to an attorney and beyond. If this is not given, it is a breach of your rights and can be made into an effective defense, even if you were over the limit.

By law, an officer has to be able to prove why he pulled you over, that he or she followed protocol in investigating you, and upon arrest you were told of your rights. If not, you can fight this in a court of law.

The Test Validity
The breathalyzer is not a perfect device, just like no officer is perfect. Actually, the breathalyzer can  be used incorrectly by the officer who pulled you over. They have to  be capable of using it. The most damning test is the blood test, the most accurate. But if you are very close to the legal limit, this can put a question on the prosecution’s case.

Plea Bargains
Speaking of the prosecution, it’s important to remember you may be found guilty. Unfortunately, you may be over the limit for alcohol, used prescription drugs which effected your ability to drive, used illegal drugs, or were a minor in possession. However, this case is not over. Quite often the prosecution will offer a plea bargain. In order to lessen charges, you need a professional DUI lawyer.

Getting Help From a Lawyer
You have the option of defending yourself, having a court appointed lawyer, or hiring a professional lawyer. You need to hire your own DUI lawyer 99% of the time. A lawyer should be fair on prices, experienced in court with DUI cases, and be able to spend enough time helping your case.

Your  DUI defense is based on what? Either you’re innocent or guilty. A DUI defense, however, will not be based on exactly what you say, but how you say it, when you say it, and how it reaches the judge or jury.

A driving under the influence (DUI) case is based on how you testify, how you were tested, your background, and the validity of both the officer and the BAC tests.

What’s a BAC?
Blood alcohol content is how your case is often decided. For instance, if you’re pulled over, you admit to drinking some, and you are tested with a breathalyzer, that will be testing your blood alcohol level. Further studies include actually blood tests and sometimes urine tests. Blood tests are by far the most accurate; alcohol is absorbed by your blood, not urine.

What is the limit for drinking and driving?
Every single state in the country uses the BAC level of 0.08 percent. That means if you’re tested and it shows a BAC of .10, you will be charged with a DUI. How do you know if you’ve reached the 0.08% level? Rarely can you be sure. Everyone takes alcohol differently, and no two bodies are exactly the same. It’s best to be conservative and never driver after drinking.

Failed the Breathalyzer
What is a breathalyzer? Most are fortunate to have never seen one, but it’s a simple device designed to test your BAC levels. If you failed the breathalyzer, you will be charged with drinking and driving, called a DUI or DWI in most states.

Refused or Accepted the Sobriety Test
Did you know you can actually refuse to take a sobriety test. First, be clear on what this means. If you refuse a breathalyzer, you can be charged. However, sobriety tests factor in your physical and mental aspects; if you can’t walk in a straight line, if you can’t count backwards, these point to DUIs. In fact, you can pass the breathalyzer and fail the sobriety test. Still, you have the right to refuse the sobriety test at any time. There are no laws stating you have to take it.

Hiring the Right Lawyer
The best defense for a DUI is being honest. Also, hiring the right lawyer can greatly increase your chances of success. Professional DUI lawyers know all the laws, and can plan an effective defense for your case. If you’re charged with a DUI after failing a breathalyzer or blood test, you may think it’s over. You can still fight the charges, including  if the officer had probable cause to pull you over and if the tests were accurate.

If You Can’t Afford a Lawyer
It’s always good to hire a DUI lawyer who can spend a lot of time with you, but sometimes that costs money. Know the laws, but don’t ever represent yourself. At the least, ask the court to appoint an attorney.

Breathalyzers effect all states DUI and DWI cases.

The problem is that sometimes they can be inaccurate, especially because they are actually a breath collecting devices which the officers will adjust for accuracy.

That means they can be falsely positive. While considered rare, it happens. There are other downfalls of how DWI cases are based. Breathalyzers are just one potential mistake.

The officer could make a mistake.
You could not have been driving the car.
An actual BAC (blood alcohol content) test could prove you were not over the limit upon further study.
A sobriety test could have been incorrectly performed.

What is a breathalyzer?
The breathalyzer is a device used by officers in New York state and other states for testing drivers BAC levels. Say for example you drink 5 beers and get behind the wheel, drive, and start swerving in the lane or run a red light. At this point, the officer has probable cause to pull you over. The breathalyzer is a device used with punishment for denial; if you refuse to use it, you likely face charges.

The breathalyzer works like this. It has three sections — one for collecting your breath, one part chemical system sensitive to alcohol, and the final part a scientific test for testing photo cells. All that really matters there is how the BAC is come to. You blow out, the breathalyzer collects your breath, and then it’s up to the officer to test your alcohol levels.

Are they wrong?
Yes, they can be wrong. They are correct the majority of the time, but just as not every scientific test in school usually goes through several phases for accuracy, the breathalyzer is often used in conjunction with other forms. If there is no other guideline for your arrest, you have a chance at DWI defense. The officer can in many cases get a false positive.

What matters in New York?
In New York, drinking and driving is called DWI (driving while intoxicated). Breathalyzers are very common across the country, and in New York. If you are pulled over here, you need professional counsel on how to handle the situation.

How do you defend in court?
If you are charged with a New York DWI, you need an experienced attorney to fight your case. Yes, it is possible to defend yourself, but rarely worth taking the chance. New York law means you face a fine,  license suspension, and potential jail time just for your first charge. If you get further charges, you might face felony charges.

To defend in court, a professional lawyer will make his or her point on things like the validity of the breathalyzer, how others tests were used, and how the officer acted.

Juries and sometimes even judges can put aside breathalyzer tests, but usually only when the tests are close. If you are clearly far over the legal limit, few judges and juries will believe your case completely.

On the other hand, how the officer acted in your arrest isn’t to be overlooked. An experienced New York DWI attorney can fight your case if the officer had no probable cause to pull you over, if they never read you your rights, and even the validity of any sobriety tests.

If you’ve been arrested for a DUI (driving the influence) or DWI (driving while intoxicated) because of an alcohol or drug arrest, you should consider your options.

You’re going to lose your license, get large fines, and get jail time, right? Not always, because there are some cases where you can beat a DUI charge. Now, if this is after multiple violations, if someone was hurt while you were driving under the influence, or it’s deemed you risked minors, you may get an aggravated DUI charge.

Just like it sounds, it’s a bigger penalty than the initial DUI charge. This means you face larger fines, longer suspensions, and extended jail time. There are ways to beat the charge.

Do you need a lawyer immediately?
It would be easy to say, “hire a lawyer immediately, you have to.” But in most DUI arraignments, where you can decide to plead not guilty or guilty, you may be okay without a lawyer initially. You will sometimes not even have to post bail unless you do not want to spend any time at all in jail.

On the other hand, aggravated DUI charges are very serious. Instead of a 1-2 year license suspension, you can double or triple that. Instead of $1,000, you can pay several thousand more. Instead of limited jail time, you might face an extended prison sentence. This depends on the nature of the arrest.

Aggravated DUI charges are generally considered felonies, while regular DUI charges are usually misdemeanors. In some cases, you can handle a misdemeanor initially by yourself, hiring a lawyer to help you if you want to fight the charge.

Why do you need a lawyer?
If you want to beat an aggravated DUI charge–which is hard but far from impossible–you immediately need help from an experienced DUI lawyer. He or she can help you decide how to plead, what chances you have in fighting the charges, and negotiating with prosecutors for a lesser charge.

What options do you have?
For an aggravated DUI charge, you can plead guilty, plea bargain for a reduced charge, ask for a trial before a judge or demand a jury trial. These may sound simple, but take for example the judge or jury question. How do you know if this judge will be lenient, especially if he or she regularly hears DUI defenses? How will a jury look to you if your blood alcohol content was incredibly high and you hurt someone? It depends on the case. This is where hiring a professional saves you time, money, and penalties like jail time.

Driving while intoxicated (DWI), a term used in many states as interchangeable with DUI and in some cases a different charge, is one of the biggest causes of deaths in the United States. Every year, thousands of people are killed in DWI cases. And not just drivers running off the road; you also hit other cars, pedestrians, and if you’re driving with family or friends in the car, they’re in danger too.

The main guideline for DWI arrests is the BAC, blood alcohol content, which when 0.08% or more is considered a DWI and illegal. In some cases, you can only have a drink or two, get intoxicated, and be arrested for a DWI even if you are not over the limit. Also, under age drinking and driving, minors under 21 getting behind the wheel, is treated as a DWI with just about any BAC, from .01 to .02%.

What does drinking and driving do to you?
Just one glass of wine combined with driving a car can be a dangerous proposition. Alcohol hits people in different ways; there are few safe ways to drive after drinking.  Drinking leads to poor vision and hearing, makes you clumsy, and makes you lose sound judgment and self-control.

Even if you drink all the time and have a high tolerance, it really doesn’t matter in the eyes of the law. Problem drinkers can be fine one second and dangerous the next. All that matters is any drinking of alcohol combined with driving can be  lethal, and at points illegal.

How do you know when you can’t drive?
Getting a DWI is about making mistakes from the outset: deciding you can get behind the wheel. Your BAC involves how fast the alcohol is absorbed into your bloodstream and how fast it leaves. These can vary from person to person. There is no definite time limit for when you can and can’t drive. As it’s different for different people, drinking should be followed by a cab ride home or a designated driver.

What happens if you’re pulled over by an officer?
Typically, you can expect to be tested for alcohol upon being pulled over. There must be a clear reason for the officer to pull you over. The most common DWI test is the breathalyzer, as it’s one of the most reliable. Other times you might get a blood test. Urine tests are rarely used because alcohol gets in your blood, not your urine.

If you’re pulled over and fail the standard tests for alcohol, you will be arrested. At that point, you need to know your options.

How do you defend a DWI charge?
You need a DWI lawyer to handle the case. This is not the end of the world in most cases if it’s your first time, but you still face potential license suspension, fines, and possible jail time. If this is your second or third DWI, or if you’re driving with a suspended license, you can expect very stiff penalties from all states.

A professional DWI lawyer can help you from day 1 by explaining your rights, how you might plea, and what to fight. If you’ve been charged with a DWI, don’t try to defend yourself; hire an experienced lawyer.

If you’ve ever heard of someone getting a DUI, or experienced it yourself, you likely know the penalties for drinking and driving can be very tough. Why? Drinking and driving is one of the leading causes for death in the United States, and is involved in a high number of driving related deaths in U.S. every year.

It’s important not to drink and drive at all. Every state has the blood alcohol content (BAC) level at 0.08 percent, so never drive after drinking even if you feel fine. Drinking anything and driving not only increases of getting a DUI arrest, but also getting into an accident.

One of the stiffest penalties involved in drinking and driving is the aggravated DUI.

What is an aggravated DUI?
An aggravated DUI is different for different states, and not all states use it, instead using other terms or simply making DUI penalties as misdemeanors and felonies. For our purposes, let’s consider that most states consider an aggravated DUI to be from: repeat drinking and driving violations in a short time period, an accident occurring  while driving intoxicated, and other problems which may come to be after drinking and driving.

If someone gets hurt–if you hit someone while drinking and driving–it can be considered a major crime and an aggravated DUI. This happens more often than you might think, as thousands of deaths every year are related to an aggravated DUI. If you’ve been drinking, decide to drive later at night, and hit someone walking and hurt or kill them, you can expect felony charges.

Defining Aggravated DUI in More Detail
Let’s define situations in more detail where you might get an aggravated DUI.

-Multiple convictions over a period of years
-Driving on a suspended license
-Driving with a minor
-Injury or death occurs
-No valid insurance
-Driving in school zone

So let’s explain those penalties. They vary from state to state, and not all states using aggravated DUI have the same charges. In most states, you can expect an aggravated DUI for multiple convictions in a short period. If you’ve had three DUI convictions in one year, you can expect felony charges. If you’re driving without a license, it can be considered an aggravated DUI. If you drive your kids while drunk, it will heavy punishment including an aggravated DUI; or if you drive a school bus while dunk, you can face punishments including aggravated DUI.

Only a few states do not punish drivers with aggravated DUI penalties. This may change soon.

What do you do after an aggravated DUI?
Hiring a good DUI lawyer is your first step. You need someone to help you, as the penalties can be extended jail time, permanent license suspension, and very large fines. It depends on what exactly you did. But if it involves a death, you cannot go without a DUI lawyer. This could mean a very long sentence in prison. The important thing is to not get into this situation.  Avoid drinking and driving because it puts others in danger.

Did you know that one third of deaths in the state of New York directly involved impaired or intoxicated people? That means one third of deaths are a direct result of alcohol. It happens beyond driving, of course, but it’s clear driving fatalities are high, and they are high because people drink and drive.

Once you drink alcohol and your blood alcohol content increases, the chances of getting into an accident are incredibly high. According to the state of New York, if your BAC (blood alcohol content) is 0.08% or over, you have four times greater chance of causing a crash.

Another disheartening fact is of drivers under the legal drinking age, who are the most likely of all drivers to be in alcohol related crashes leading to death.

Let’s go over some more details so you can protect yourself and others from being more statistics.

Will you be caught for a DWI?
A DWI is the New York State version of the DUI for most other states, where your blood alcohol content is 0.08% or higher and you drive a vehicle. The chances of being caught for a DWI are “greater than ever before” says the state of New York DWI guide. How so? Officers are not only trained to be effective in catching drivers driving while intoxicated, but they also are out in force using special equipment to catch drinking drivers.

What else are they doing?
There is the New York State STOP-DWI program, used in every county. This is funded by DWI fines, and involves programs for enforcement, prosecution, adjuration, and education. It’s a clear sign New York is serious about both punishing and helping drinking drivers. Since thousands of deaths are related to DWI cases, it’s clear why New York is doing this.

What happens if I’m stopped for a DWI?
If you are stopped by an officer, you will likely be tested. This includes the “breath screening test,” basically a breathalyzer, and possibly other field sobriety tests. If you are over the limit, 0.08% or above in all 50 states, you will be arrested and asked to take a chemical test. You can expect to be fined, get your license revoked, get higher insurance premiums, and possibly be punished with a jail sentence. If you get multiple DWI arrests, you can expect the penalties to be even stiffer, including large fines, longer jail time, and extended license suspensions.

I am drinking under age–does that change things?
Being under the drinking age of 21 does change things. If you have a license, that will typically be suspended for a DWI charge. If you are arrested for a DWI in any of the 50 states, you can expect a 1 year suspension. If you get a second or further DWI charge, your license can be revoked for longer than a year, or until you’re 21.

Do I need a DWI lawyer in New York?
Since this is only scratching the service on DWI questions you may have, you should consider hiring a professional New York DWI lawyer to help you with the case. Just knowing the laws is not enough; you need an expert on handling these kinds of cases. A DWI lawyer might be able to help get your license back, if not avoid jail time.

If you or a friend or loved one has been placed under a DUI or DWI arrest and faces DUI charges there are many questions that you may have. Hopefully the answer or answers to some common questions that are asked about DUI/DWI will be helpful to you.

What do these terms mean? DUI stands for “driving under the influence“. DWI
 means “driving while intoxicated“.

You may wonder what the difference is in these two terms. In most states these two terms are used interchangeably, meaning the same thing. In some states, however, the drunk driving laws are different for a DUI and a DWI. In these states, the charges are not the same for a DUI and a DWI. In these states, the DUI is a lesser charge. Usually, in these states, a DUI means there is a lesser degree of intoxication. This is determined by your blood alcohol level at the time of arrest. Sometimes, these states will allow the charges of a DWI to be reduced to a DUI with the help of a DUI or DWI lawyer.

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