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.

You have three options when it comes to DUI defense: representing yourself, using a public defender, or hiring an experienced DUI attorney. Is representing yourself a good idea in some cases, such as when you can’t afford a lawyer? What can a public defender do to help your case? Your final option, hiring an experienced California DUI attorney, also has many common questions. This guide answers these questions and offers some key tips on defending a California DUI.

Representing Yourself
Unless you’re an experienced DUI lawyer, there are rare if any moments where you should represent yourself in a California DUI case. Why? You won’t know the first thing to do. You won’t understand how to present your case, how to call witnesses, what your legal options are, if you should accept plea bargains, not to mention how to construct your defense. If you are a DUI lawyer, you can effectively handle your case. If you aren’t, you need to hire a California DUI lawyer.

Public Defender
Public defenders, while a better option than representing yourself, are also secondary to hiring an experienced California DUI lawyer. This is because they simply do not have the time to handle your case effectively. It’s also because once you get one, you have no other options. You can’t just fire your public defender and get a new one.

Public defenders don’t have the time to handle your case, do not have the resources to help you win, and are not chosen by you (instead chosen at random). In some cases, you may make too much money to hire a California public defender anyways. But the final option is the best in any case.

Hiring a Professional California DUI Lawyer
While hiring your own lawyer is the best step, there may be some problems. If you hire one for a cheap fee, they could spend about as much time as your public defender. They could accept any plea bargain the prosecution offers so they can move on to their next case. Yes, this is a business, and unfortunately it’s not cheap to win. However, consider the penalties involved if you plead guilty to a California DUI or if you lose. Your license will be suspended, you will be fined, you will likely face jail time, and you’ll be  on probation. Depending on how much you want to avoid these penalties, you can likely see how paying more can lead to better results. You don’t want a cheap doctor to operate on your heart, and you should be willing to pay a lawyer to help you win.

If you want to win your case, you will have to pay for it. And winning is not necessarily “winning.” Your DUI lawyer will be trying to at the least lessen your penalties. If this is your second or third DUI, where you potentially face felony charges, this is quite important. Even for first time California DUI offenders, winning sometimes means negotiating. In some cases, you can beat the charges entirely.

The point of all this is to help you consider your options. While you may have to use a public defender, if at all possible at least query some experienced California DUI lawyers. And never represent yourself.

Should you get a judge or jury to hear your defense of drinking and driving charges? Unfortunately, most states are now making it next to next to impossible to have your DUI case heard in front of a jury of your peers. Why? What if you can get a jury trial? What’s the difference? And if you can’t, how do you prove your innocence to a judge who’s seen hundreds of DUI your innocence?

Why no jury?
DUI cases are now becoming less “a jury of your peers” and more a judge who hears DUI defenses all the time. This is because of a change in state laws and interpretations of federal law (not to mention the Constitution). Most DUI cases are now in front of a judge. According to federal law, you have a right to make your case in front of a jury. According to many state laws, DUI (or DWI and OWI) are considered less important than other criminal law cases. While it may seem odd that months in jail, several years probation, thousands in court fines, and more penalties are minor, but that’s the case.

Can you get a jury trial?
Some states will consider a jury trial, but most won’t. For example, New Jersey and Arizona have recently denied jury trials for DUI cases. If you can get one, it can quite often be beneficial to your case.

What’s the difference?
Judges are not necessarily given to preformed opinions on cases, but when it comes to certain laws, many are much stricter than juries. However, the laws can be far more complicated in front of a jury, even if you have some advantages. You have to make a jury request, deposit jury fees with the court, and in most cases select a jury. This can all be time consuming. Many believe the human factor differentiates a judge trial from a  jury trial. You may get more consideration from people who don’t see DUI cases all the time.

Is a judge better?
In DUI cases, having a judge is not necessarily a bad move. It saves you time, and with a DUI lawyer, it can save you money in work hours.  A judge trial can be less serious, more informal, and generally shorter than a jury trial.

How do you prove innocence?
Proving you were not drinking and driving does not always mean you prove not drinking at all. Judges have to consider the validity of the tests and the actions of the officer who pulled you over. If the BAC (blood alcohol content) level was very close to the limit, it can create some doubt in the judge. In jury cases, it can do the same. You can also question why the officer pulled you over, how the breathalyzer was given, if you were told of your rights, and more.

Defending a DUI in front a jury can be beneficial to your case. If a jury trial is an option, it should be a decision for you and a DUI lawyer.

We all know the way a typical drinking and driving arrest goes: someone drinks, drives, is pulled over, faces license suspension, fines, jail time, and probation. However, what’s often not considered is the dangers of under age drinking and driving. This blog posts guides you through the laws, dangers, and problems with under age drinking and driving.

Zero Tolerance Law
Most all states have some kind of under age drinking and driving law in the books; many states call it the “zero tolerance” law. This means you can be charged with a DUI if you are drinking any amount and driving. Anyone under 21 cannot drink according to state laws. For example, if a college student of 18 years of age drinks one beer, drives, and is pulled over, he or she will be charged with a DUI. This means that no alcohol level is allowed. Most states use either .01% or .02% as the legal limit for under age drivers, which pretty much makes it so any drinking that occurs is illegal. Consider that the blood alcohol content limit for drivers in all 50 states is .08%. Why is it so much stricter for under age drinking? Everyone does it, right?

Dangers of Drinking and Driving
Put someone who’s been drinking behind the wheel of a car and you greatly increase the chances of an accident. Put someone under the legal drinking age behind a wheel after some drinking and you have even more chance of an accident and potentially a death. Studies have pointed out most drinking and driving arrests are individuals under 34 years of age, and that under age drivers are very commonly involved in accidents. Different states have different statistics, but drinking and driving is quite simply a leading cause of death.

Problem of Under Age Drinking and Driving
Unfortunately, there is no clear answer to under age drinking and driving. It’s been a major problem since younger adults started driving. The problem is that, though some drinking is very common, especially for those under 21, there are too many deaths involved to be ignored.

How to Defend a DUI
Defending an under age drinking and driving charge can be very problematic, but with the help of a DUI lawyer you can save valuable time and money, and also avoid stiff penalties. The problem is that in many states you will also be charged with a minor in possession or under the influence; since it’s illegal to be drinking under 21 at all, the penalties are designed to curb this. With the help of an experienced DUI lawyer, you can at the least lessen the penalties. This is never a happy time, but do not go through a criminal law hearing without proper representation.

You won’t get caught. There won’t be any police on the way home. You can drink, you can drive just back to your home.

The dangers of drinking in excess have been noted in many studies, but add a vehicle, an under the influence driver, other drivers on the road, other people in the car, and you’ve got quite a situation.

True, drinking and driving does not always cause a death. Studies have proven, on the other hand, alcohol directly effects your ability to drive. Drinking alcohol and then driving greatly increases the chance you’ll be in an accident.

How much can you drink?
There is no perfect number for how much you can drink. According to law, in all 50 states, if you’re blood alcohol content (BAC) is 0.08 percent or more, you can be charged with a DUI. Also, if you’re clearly drunk but under the BAC limit, you can still be charged with a DUI.

Will there be an accident?
There is a greater chance of getting into an accident if you’ve been drinking. Some may downplay it. Some do get away with it. But all it takes is someone being hurt to truly damage your life and put you in jail.

What if you’re pulled over?
If you’re pulled over and you’ve been drinking, you should always be aware of your options. Be clear with the officer. Maybe you have been drinking some. Whether or not you can be arrested depends on how much you drink. This can be scary. The solution? Do not mix drinking and driving. And if you get caught, and you’re charged with a DUI, ask for help.

What happens if you’ve been arrested?
If you’ve been arrested for a DUI, it may seem like the end of the world. If you hurt someone, more so. However, you have the right to defend yourself. If you’ve been arrested, you should always consult professional counsel, an experienced DUI attorney who can educate you on the process and fight for your rights.

What happens if you hurt someone?
If you hurt someone and were arrested for drinking and driving, you may get a more strict charge, usually called the aggravated DUI. This charge is used if you hurt someone, were driving with a minor in the car, or if you are not just over the BAC but over by a large amount.

Benefits of Avoiding DUI
The biggest thing you can do is, if you make the mistake once, never do it again. Once you learn how serious the crime is, you can be smarter in the future. Multiple drinking and driving charges can also lead to aggravated DUI, a felony charge in most cases.

Benefits of Hiring an Attorney and Making Things Right
No matter your situation, if you’ve been arrested for a DUI, hire an experienced attorney. Why? Do you know how to negotiate before the trial, if you should plead guilty or not guilty, if the case should be in front of a judge or jury, or even how to plead to a lesser charge? These are some of the things an experienced DUI attorney can help with.

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.

Drinking and driving is a life and death matter in the United States. Did you know alcohol leads to a death every 30 minutes? An alcohol related injury on the road happens every two minutes. Worst of all,  most  DUI charges are for repeat offenders, and the majority of drivers whose licenses are suspended continue driving. Indiana considers drinking and driving violations as OWI, operating while intoxicated. Most states use DUI (driving while intoxicated) or DWI (driving while intoxicated), if not both in certain cases.

How much can you drink before being over the legal limit?
First, the legal limit in all 50 states is 0.08% BAC. BAC stands for blood alcohol content. If you are pulled over in Indiana, you can get a sobriety test. If you are over the limit or obviously drunk, you will be arrested.  The best choice you can make is to not drink and drive, to have someone else give you a ride who is sober, if not taking a cab.

Also, since studies have proven on alcohol’s effects on the body can be different, sometimes even one or two drinks can lead to breaking the BAC limit. A woman of 120 pounds is likely to have a higher BAC than a woman or man of 240 pounds who drank the same amount. Also, if you eat food or drink water, this can lower your BAC in some cases. If you drink on an empty stomach, you have a higher chance for being over the limit. Lastly, it also depends on when you drink and when you decide to drive. While this requires study, the longer you wait, such as staying the night at a friends instead of driving, the better chance you have of being okay to drive later.

Be warned: simply waiting or eating does not make it okay to drink and drive.

What are Indiana OWI penalties?
Indiana considers OWI penalties via the BAC rate of .08%, and also gives license suspensions, fines, and jail time for OWI charges. If you are found guilty the for your first OWI penalty, you can expect an Indiana court to suspend your license for anywhere from 90 days to 1 year.

Habitual defenders are prosecuted further, with much longer license suspensions, fines, and the potential of long jail time. Also, if you hurt someone while drinking and driving, even if it’s your first time, you can expect to lose your license for some time, face even longer jail time, and receive high fines.

What do you do after and OWI?
Hiring an Indiana OWI lawyer can help you with stiff penalties. You need someone schooled in Illinois OWI law, as each state has different definitions. The best method is to simply avoid drinking and driving, as even a .06% rate, which is under the legal limit, doubles your chances of being in an accident.

To hire an Indiana OWI lawyer, search online for firms with experience, who are within your budget, and who can educate you on your choices.

Getting a DUI charge often seems like the end of the world.

You expect to lose your license, to be fined for thousands of dollars, and if you hurt someone, face serious criminal penalties beyond suspensions and fines.

After all, drinking and driving is the cause of tens of thousands of deaths just in the U.S. every year. People get behind the wheel when they shouldn’t and find themselves facing serious criminal charges for hurting another driver in an accident.

Which begs the question, if this is your first offence and you have a clean record, do you need a DUI attorney to help you? Would a DUI attorney be  able to get you out of this situation? If you hurt someone, will having professional counsel really help that much?

In some cases, you just might be able to plead your case in front of a court without a DUI attorney. However, think about it this way: would you operate on your heart by yourself, or ask a doctor to do it?  Unless you have extensive legal experience, you won’t know how to plea, how to handle judges, how to fight against license suspension and other charges, how to make your case for not being under the influence, and so on.

You can also ask for a court appointed attorney if a DUI lawyer is beyond your financial means.

If this is your first DUI offence, you might be okay without professional counsel. In most cases, unless you plead not guilty, the ruling is pretty straightforward. Your license is usually temporarily suspended and you get fines. You would have to study on DUI law yourself or ask a lot of questions to people who know the laws; every state handles the case differently except for the blood alcohol level limit of 0.08%.

If this is your second or third DUI, or you hurt someone, or if  you want to fight the charge, you cannot do without a DUI attorney.  You simply cannot handle a case involving possible jail time and permanent license suspension all by yourself. You might be without the money to pay the attorney, but many are willing to set up payment plans and offer discounts to clients on an as needed basis. You really can’t afford not to have a DUI attorney if you’re facing multiple DUI or aggravated DUI cases.

How Do You Hire a DUI Attorney?
You want a DUI attorney who specializes in all the different laws of the state. If you’re in New York, for example, you wouldn’t hire a New Jersey attorney; you’d want one who has more experience in handling judges and DUI offenses in New York.

You want an attorney who specializes in DUI law. There are many, including the owners of this blog, who can help you specifically with DUI cases where you face possible jail time, license suspension, major fines, and other penalties.

Lastly, don’t be afraid to ask a lot of questions and shop around. If you can find a DUI attorney who’s willing to work with you on fees and who has the knowledge, consider them one of your best options.

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.

Driving under the influence (DUI) in New York is actually termed a DWI (driving while intoxicated), a variation which occurs in separate states. But the basic principle of a DWI, has all the same core laws that others states use. For instance, you can get your license suspended, for multiple charges you can go to prison, and different laws for those under age as well as who hurt or killed someone while driving.

What is DWI in New York?
DWI in New York is considered a crime. You can lose your license, face fines, and quite possibly go to jail. It depends on a variety of conditions, most which will be familiar to you. But, the basic 0.08 rule of being intoxicated is the same across all 50 states, including New York.

The level of abuse is considered by New York law under 5 basic conditions.
-The amount of alcohol you drink
-The amount of food you eat
-The length of time you drink
-Your body weight
-Your gender

Some of those may seem obvious. If you drink 10 beers and drive in New York, you’ll get a DWI or worse. However, what does the amount of food have to do with drinking? This is because of how alcohol is absorbed by your body, and how food can sometimes weaken the effects. If you drank those 10 beers and ate nothing, you would likely be more intoxicated, at least that’s how the laws are.

Body weight and gender are similar, as the amount of intoxication you get from drinking 10 beers does include how big you are; a 300 pound man may be less intoxicated than a 110 pound woman.

There are variations to how intoxicated you can get and how old you are. For example, if you had a .18 or higher alcohol level, that would be considered aggravated DWI and would have stiffer penalties.

The Penalties for New York DWI
There are many penalties for a DWI in New York, and they can get complex. It’s smart to first hire a professional DWI attorney in New York who can plead your case in front of a judge or jury. The more DWI charges you get, as with other states, the bigger the punishments are. Of note is the A-DWI, aggravated driving while intoxicated, which has stiffer penalties. Let’s go over those first.

A-DWI: $1,000-2,500 fine, possible 1 year prison sentence, license revoked for one year
Second A-DWI in 10 years: $1,000-$5,000 fine, possible 4 years in prison, license revoked for at least 18 months
Third A-DWI in 20 Years: $2,000-$10,000, 7 years, License revoked for at least 18 months

Now let’s go over the basic DWI and DWI-Drug violation penalties, which can be less stiff.

DWI: $500-$1,000, 1 year in prison, License revoked for at least 6 months
DWI-Drug: Same as DWI
Second DWI: DWAI Drug: $1,000-$5,000, 4 years prison, License revoked at least 1 year
Third DWI – DWAI Drug: $2,000-$10,000, 7 years prison, license revoked at least 1 year

How do you stop these penalties from occurring? The best move is to drink responsibly, but if you make a mistake, hiring professional DWI attorneys in New York can help. A DWI attorney can help you fight or plea bargain, explain your rights, educate you on the penalties, and help you move on with your life.