DUI Blog

DUI defenses are based on lawyer knowledge, experience, and intuition. A good lawyer has a whole deck of cards to play in order to protect his or her client. Some of them are not quite secrets.

Here are some things you may be unaware of when being charged with driving under the influence.

Breathalyzers Are Not 100% Accurate
While officers may not like to believe it, breath tests are subject to human error. If the only evidence of your DUI charge is a breathalyzer test, you have a strong case. Of course, there is officer testimony, and more importantly blood tests. Blood tests are the most accurate of all blood alcohol content tests. But, a  breath test can be questioned in court.

You Do Not Always Have to Take Field Sobriety Tests
Another thing officers may not want you to know is that most states have no laws saying you must take field sobriety tests. You do have to take breathalyzer tests at the risk of immediate license suspension in almost all states, but the tests where you walk in a straight line, count backwards, etc, are not mandatory. You can say no. If you are unsure, ask the officer if declining the field sobriety tests will lead to more charges.

Juries Are Rare
While having a jury of your peers is allowed by federal laws, state laws have circumvented this, making juries in DUI trials very rare. You might be able to get a jury, but most states make you face a judge instead.

Infractions, Misdemeanors, Felonies
Many do not fully understand the legal system, and no wonder – it’s complicated. For the record, infractions are the most minor of charges such as speeding, while misdemeanors are the next level up, and can be used for DUI cases. If you get felony charges for a DUI, that means you’re being charged with a very serious offense. You might be very far over the legal limit, have been charged with drinking and driving before, or hit someone while driving.

Death
If you hit someone while driving and hurt them, felony charges are common. If they die, you can face even tougher penalties. This is not a fun subject to address, but drinking and driving leads to thousands of deaths every year. The legal term is vehicular homicide. If you drink to excess, drive, get into an accident, and someone dies, you can expect stiff charges and a lot of jail time.

Defending DUI charges is rarely easy, but more than possible. You may think it’s over once you drink and mix it with some driving. That is simply not the case. Drinking at any amount may lead the arresting officer to think you are over the limit, especially at night and if you are acting suspect. There are ways to defend a drinking and driving properly.

Protect Yourself
You first want to protect yourself. You should say nothing which will incriminate you in a court of law. All too often defendants say the amount they drank, what they drank, etc, and then try to defend it. You have need not incriminate yourself.

On the other hand, you might know if you’re over the limit. That can affect your defense strategy.

Hire the Right DUI Lawyer
Make no decisions until you hire the right DUI lawyer. Go with a local lawyer with the time and experience to help. Then be as honest as you can with them. Again, simply drinking and then driving does not mean you plead guilty. You quite often have a strong defense.

Your Plea
Most DUI cases are plead not guilty, but some forgo the entire process and plead guilty, expecting to save time and money by hiring no lawyer and accepting the charges. This is a big mistake. Just as you would not make a class action lawsuit against a company without proper legal experts, the same is the case with your DUI plea. You may have a defense, even if you were over the limit. There are just too many intangible to forgo a lawyer and plead guilty.

Judge or Jury?
You sometimes have an option between a  judge or jury trial. Your lawyer may have a personal preference. Usually, you face a judge, a judge who may have seen hundreds of people like you defend DUI charges. On the other side, a jury may be more open to hearing your statements and defense. However, most state laws do not allow for a jury trial in DUI cases.

Understanding the Laws
You have to understand what you were charged with and why in order to prepare a proper defense. Your lawyer will be creating the defense, but you want to know as much as possible. The officer testimony, the BAC breath test and further blood tests, witnesses, expert witnesses – these all have a place in DUI court. For example, sometimes breath tests are inaccurate; blood tests are the most effective. Therefore, a breathalyzer reading can be called into question.

Going with the Expert
Stick with your lawyer and you can at least come out of this with some minor charges. If you hire the right lawyer, someone experienced in defending DUI cases, he or she may find big holes in the prosecution’s case. What usually happens is not a plea bargain, though, as plea bargains are rare in DUI cases. You may be found innocent, or at least have only minor penalties. If you try to go alone or plead guilty, you are often facing the maximum charges.

The bad news came when the lights signaled behind you. Or maybe the bad news came when you realize you’ve drank alcohol or abused drugs and got behind the wheel.

Will you be charged with drinking and driving? How do you get out of this situation? What do you tell the officer who pulled you over? Should you take the breathalyzer test? What about other sobriety tests?

This guide answers some specific questions you may have and helps with concerns about DUI charges.

Can you get out?
DUI charges are not always made. This can be a scary position, but you have nothing to fear unless you know you’ve drank alcohol. There is no easy solution if you’ve “had a few” and decided to drive. This process is not a fun one. Likely you know of someone who’s been charged with a DUI. This guide will now walk you through the basics.

Why are you pulled over?
You’re pulled over in the first place for a variety of reasons. It may not be because the officer thinks you’ve been drinking at all. You may have just been speeding. However, the officer looks for things like that, especially late at night. If you are passing in and out of lanes, swerving, running through yellow lights at high speeds, and just acting erratic, police officers are trained to see these things.

What if you’ve been drinking?
If you’ve been drinking, it does not mean you are always going to get a DUI. You still have rights. The best thing you can do is never mix drinking or drugs and driving at all. If you have been drinking, even in excess, you also still have rights.

What do you tell the officer?
You do not have to tell the officer a single thing. You have a right under the Fifth Amendment to not say anything which will incriminate you. If you’re afraid by speaking that you will sound drunk, you need not speak. If you are very nervous, this is understandable. You need not give the officer any information. It may seem suspicious, but it’s your legal right.

What about the breathalyzer?
Nevada is currently the only state which will not revoke your license if you refuse a breathalyzer. All other states will punish you for refusing it, some with very severe charges. Usually you want to take the breathalyzer. However, breath tests are suspect. Simply because you breath at the legal limit, .08%, does not mean you are in fact that intoxicated. Breathalyzers are subject to human error. So are blood tests, but blood tests are by far the most accurate.

Also, you should be aware of your rights concerning other sobriety tests. Most state laws have nothing saying you must walk in a straight line, count backwards, or any other field test. To be sure, ask the officer who pulled you over if you will be punished for denying to take sobriety field tests. The majority of the time not taking has no affect you at all.

What if you’re charged?
You’re pulled over, the officer asks you some questions but you answer none, and then you fail the breathalyzer. This case is far from over. If you’re charged, you need the help of a professional DUI lawyer. DUI charges are not always in the right. Just because your breath test fails does not mean you’ll lose your license, face fines, or even jail time. An experienced lawyer is your best chance for justice.

Every 22 minutes, someone dies in a drinking and driving accident. About one third of all traffic fatalities involve alcohol. According to Buzzle.com, citing a U.S. Department of Transportation study, “out of 12,998 drinking driving fatalities in the United States in 2007, 1,393 were caused due to teen drinking and driving.” It gets even worse. Over 25% of teenagers killed in car accidents were drinking before driving or while driving. And many also forget to put their seat belts on.

This guide will point out the main dangers of teen drinking, how drinking will affect you, what laws are in place, how teens can be safer drivers, and what happens if you get DUI charges.

What does drinking do to you?
Many teens equate partying with drinking, of getting a “buzz” or just flat out partying. It’s of course not possible to stop all teen drinking. However, the facts can be a good warning. Drinking affects your ability to walk, speak, and see. These are integral processes, especially being able to see as you drive and having full control of your body. Further, drinking slows down your reaction times, impairs memory, can confuse you mentally, slows down the nerves that move your eyes, hurts muscle coordination, and also can hurt you over longer periods such as with liver disease. And alcohol poisoning itself kills many teens not used to drinking large amounts.

If you have slower reaction times, that is obviously a major danger. If you cannot see well, if your memory on how to drive and follow driving laws is hurt, if you even pass out while driving—these can all lead to an accident and sometimes a death.

So we know how drinking effects you. Now let’s go over the legal ramifications.

Minor DUI Laws
It’s illegal to drink under the age of 21, but as high schools and colleges can tell you, it’s not a law followed by many. This is natural. One of the reasons for the drinking age is related to minors who drink and drive and are severely injured if not die. People used to drinking may be able to drive with some alcohol in their system, while an underage drinker may experience the effects much more. Since thousands die every year in alcohol related accidents, it’s important to note the dangers. And since over 1,000 of these deaths are related to teen drinking, it’s important to avoid ever drinking as driving.

State laws differ on how teen drivers are punished for intoxication. Some treat the problem much more seriously than others. However, since a minor breaks the law simply by drinking, most states penalize teen offenders more severely. Even if you have a .02% level, you can be charged with a DUI as a teen offender.

What can parents do?
If you’re a parent, it’s important to make clear the dangers of drinking and driving. We all go through our teens, perhaps breaking the rules ourselves. However, there is a big difference between having some fun and putting you or another person’s life in danger. It’s not the place of this blog post to say how you explain it to them, but keeping teens aware of the reality behind drinking and driving is important.

How to Get Legal Help
When a teen is charged with a DUI, the penalties can be very stiff. If you have no license, for example, it can be even worse. If you drank at all, the officer can arrest you. The important thing here is to get proper legal representation. The courts will take this charge very seriously, and you should too.

You were pulled over, arrested for a DUI, taken to jail, and your license was suspended. This happens every single day in the state of Michigan. Why has your license been suspended? What can you do to get it back? And who can help? This guide answers these and many more DUI questions related to getting your license back.

Why a Michigan license suspension?
Michigan is different than other states simply because each state has similar but somewhat different drinking and driving laws. Some call it a DWI, others OWI, while most call it a DUI. Some will suspend your license longer than others. Some may charge you with an aggravated DUI for being far over the limit or for drinking and driving multiple times. The reasons for each state law are pretty much the same: those who drink alcohol or abuse drugs and drive are dangers  on the road. Across the country, drinking and driving is a leading cause of traffic deaths.

You were charged because of this, because it’s so dangerous to mix alcohol or drugs and driving.

How can you get your license back after a DUI?
If you only have one DUI violation, getting your license back is much easier than if you are a habitual often. For most, you will apply for a general reinstatement. If it involves drugs, it will be a reinstatement for a drug crime, and if you are a minor it’s also different. The point here is that first time offenders can and often do get their licenses back. You have to wait until your suspension is over, you go to the  Michigan Secretary of State office, and apply for reinstatement.

What if you are charged for multiple drinking and driving violations?
If you have been repeatedly caught drinking and driving, you have to go the the Driver Assessment and Appeal Division (DAAD), who will review your case. You will have to prove your alcohol or drug problem is gone, that you won’t repeat the offense, and that you want to follow the laws. If your license is revoked, it can take much more time and legal work to get it back.

How much will it cost?
A general reinstatement fee for a suspended license is only $125. If you want your license back after a drug crime, that fee is $250, and the same for a minor in possession (MIP). Your lawyer fees, and you should get a lawyer, will cost some money too.

Who can help?
Getting your license reinstated for a one time alcohol or drug offense is often fairly simple. You have to pay a minor fee and can move on. However, to represent your interests in court, you need a professional lawyer. An experienced Michigan DUI lawyer is very important if you’ve been caught multiple times drinking and driving. You can expect penalties far beyond simple license suspension, including fines, jail time, and probation. A lawyer’s job is to lessen penalties, if not remove them, and help you move on with your life.

Just getting a driving under the influence (DUI) or driving while intoxicated (DWI) charge can be a life changing event. But in some cases, the event ends another life. This is not an easy subject to go over, but a necessary one. This blog guide defines the laws you need to know, what defenses you might use, and how important an experienced lawyer is to a vehicular homicide case.

What is vehicular homicide?
This may have jumped off the page. If you’ve never heard vehicular homicide used, or have been unfortunate enough to have heard about it occurring before, you can pretty much get the picture. Some states do use it, where a death occurred because of a vehicle operated by someone impaired by alcohol. In other words, another driver, a pedestrian, or a passenger in a vehicle was killed in a vehicle accident.

It may seem like a simple mistake, especially if you or another driver had little alcohol in their system. However, just because you are below the BAC (blood alcohol content) limit, .08% for all states, does not mean you cannot be charged. If it’s found alcohol was a key factor in the accident, even at below the BAC legal limit, you can face charges.

It’s actually called homicide, which may confuse you. Not all homicides are actual crimes. State laws can differ on how vehicular homicide is practiced, especially with terms such as voluntary and involuntary manslaughter. The charges are all quite serious, and require legal help.

Defending a Vehicular Homicide Case
Defending a DUI itself can be tough: most charges stick and you face penalties. Vehicular homicide is very different, not just because of the serious nature but also in the defense. It’s much more important to acquire experienced legal representation. The key point here is in proving intoxication led to the accident. Whether you are over the limit or not does matter, but how this effected your decision making  is much more important. The prosecution will be trying to prove, mainly through circumstantial evidence and police reports, that you were in fact under the influence and this caused the death. The defense will be trying to prove the opposite, that you were not under the influence or that your drinking had nothing to do with the accident.

Why You Need Legal Help
Vehicular homicide is obviously a very serious offense which can lead to some major charges. Your chances of winning a defense against this sort of case is based on the legal representation you get. It’s vital to hire a lawyer who has experience in DUI cases, especially ones as unique as death related to drinking and driving. While you are allowed to defend yourself or use court appointed representation, it’s in your best interests to hire a private lawyer. While this experience is never a happy one, a knowledgeable lawyer can make it one which ends fairly.

In the state of Michigan, DUI charges stem from the danger in abusing substances and driving. The problem is a big one: many die every year in Michigan due to driving under the influence, particularly young people. For DUI defense, let’s first go over what happens before you’re pulled over.

Why are you pulled over?
According to the state of Michigan official site, you weave between lanes, wander from one lane to another, run off the pavement, stop too quickly or slowly, drive too quickly or slowly, go through stop signs or signals, or even drive on the wrong side of the road. Many of these are quite obvious, but by drinking, you’re losing the ability to drive and make good decisions. Those who abuse alcohol or drugs and drive are a leading cause of accidents in Michigan.

You Need a Michigan DUI Lawyer
If you are charged, the first step is to hire an experienced DUI lawyer. This really is not an option. A lawyer will charge you a fee, but he or she will have a key role in your defense. Just getting pulled over and charged does not mean this arrest will stick. Minor mistakes cause the case to be thrown out, if not getting a plea bargain from the prosecution. While getting plea bargains are rare in DUI cases, there are many times where your rights are infringed upon.

Defense Based On Officer
If the arresting officer made mistakes, the entire case can be put in jeopardy and the charges might be thrown out. If the officer had no reason to pull you over, this infringes upon your rights. If the officer abused you during the arrest, that is against the law. If the officer incorrectly used the breathalyzer, it can cast doubt on the charges. Finally, the officer may have never read you your rights, the Miranda, which is required by law.

Defense Based on Breathalyzer
Breathalyzer tests are not perfect In fact, they are subject to how experienced an officer is with them. Michigan, like all states, uses the BAC (blood alcohol content) level of .08 when it comes to drinking and driving. If you are over the limit, you will be arrested and charged. However, the breathalyzer is a complex device; readings very close to the limit can sometimes cast doubt on the prosecution’s case. More often the arresting officer made a mistake.

Winning and Losing
Beyond the officer and breathalyzer, your defense can be helped by a variety of things. It’s not always about the charges being dropped; more often your penalties can be lessened. Michigan DUI laws are stiff: you can lose your license, face fines, get jail time, be put on probation, among other penalties. However, with the right defense, you can win and move on with your life.

Just getting a DUI is bad, but the problem is many are multiple offenders: those who’ve been involved in drinking and driving cases many times. Much like other states,  in Illinois even first time offenders face severe penalties. Just what are these penalties? Is a defense in Illinois criminal court possible? Let’s find out.

Penalties for an Illinois DUI
It was mentioned that even a first offense can lead to some major charges. This includes up to one year jail time, fines of over $2,000, license suspension for at least one year, probation, and more. If you get a second offense, the general penalties are the same, but you may lose your driving privileges for 5 or more years if you’re pulled over. In this instance, if you get a DUI a second time after a first less than 20 years ago (a long time), you can lose driving privileges for a large period.

The more charges you get, the worse the penalties are. You can even expect to get felony charges if you continue to drink and drive.

How do you defend a DUI?
In order to build an effective Illinois DUI defense, you need the right lawyer. In order to get the right lawyer, you need to focus on experience, knowledge, availability, and price. You really cannot put a price on winning in court against a DUI charge; it’s likely worth far more than any lawyer charges. Yet most Illinois DUI charges stick, though often charges are lessened with the right defense. The problem is one of proof, where if you fail both a breath and blood test, and the officer says you were clearly under the influence of drugs or alcohol, the cards are against you.

A defense is based on precisely these three things: the validity of the breath test as done by the officer, how close to the BAC (blood alcohol content) limit you are, and how the officer’s testimony is considered. Breathalyzers are quite effective, but subject to human error. If a blood test says you are clearly far over the limit, especially far over it, you really can’t question the test, as these are the most accurate. However, even if you get a high breathalyzer and blood test, if the officer made mistakes in the arrest, you have a case for defense.

Who can help?
You need an Illinois DUI lawyer to defend you in court. This is no time for a court appointed lawyer nor time to defend yourself. Even if you are guilty and you know it, you have a strong case for defense. You cannot put a price on staying out of jail, avoiding thousands in fines,and being able to drive. A lawyer will charge his or her fee, but if they’re good, the price is a good investment.

Driving while intoxicated (DWI) can lead to severe penalties. A DWI is similar in scope to a DUI, with some states differentiating themselves by using different terms. For our purposes, let’s consider them very close legally: you are drinking alcohol or abusing drugs and driving.

One question we hear quite often is when you need to hire a DWI lawyer.

They’re a variety of scenarios. You have no job, and therefore no income. You are guilty of the charges. A court appointed lawyer costs nothing. You are not guilty, but want to defend yourself. If any of these sound wrong, well, it’s because they’re all entirely the wrong reasons. There is no clear reason not to hire a DWI lawyer unless you are a DWI lawyer yourself. Why?

If you have no job, you likely cannot afford to pay the excessive fines, which can  be in the thousands. If you start working again, you won’t be able to drive. If you have no income coming in, sometimes you seem to have no options. We all have access to money, even after filing bankruptcy or losing a job. It’s time to put value on how much you want to stay out of jail, want to keep your drivers license, and want to avoid thousands in fines.

If you are guilty of the charges, it’s easy to say you need no professional DWI lawyer. This is wrong in many respects. Say, for example, you were in fact drinking, but the breathalyzer used tested you as over the limit when actually you were very close to under the limit. Or say that the officer pulled you over for no legal reason – only because he suspected by the look of your car you were a criminal, or because you are a minority, or a woman, or a variety of other reasons. In still other cases, the officer acted incorrectly by never giving you a Miranda, if not abusing your legal rights. These examples can lead to dropped charges, even if you are guilty of drinking and driving, and potentially could lead to some damages. But you need a DWI lawyer.

You may think a court appointed lawyer can handle your case. Using the above example on actually believing your guilty, you decide because of this that you should forgo hiring a lawyer. A court appointed lawyer is almost as bad as defending yourself; they rarely have the time or inclination to properly defend you. A professional DWI lawyer can find holes in the prosecution’s case given time; rarely can a court appointed lawyer with dozens of other cases spend a significant amount of time helping you.

Finally, you can defend yourself. You know your innocence, or know the officer acted wrong, and maybe you know some of the process in handling a court case. Rarely does this work out. Unless you’re a DWI lawyer, you need professional legal representation. You’ll need expert witnesses, to question what happened, to know the local laws, and to know how exactly to handle the court process with the judge and prosecution. There is a reason passing the Bar is very tough; it takes years experience.

If you’re still unsure whether a DWI lawyer can help you, consider that it might actually save you time, money, and a lot of headaches. It’s worth paying the extra money in order to get a professional defense.

Nashville drivers, who operate a motor vehicle and are impaired by alcohol, drugs or any other intoxicant, can be charged with DUI or driving under the influence. Nashville drivers can also be arrested for DUI if their blood alcohol content (BAC) is at or above 0.08%. Drivers who are arrested and convicted of DUI in Nashville may receive time in jail, fines and penalties and loss of driving privileges.

Each year Nashville drivers and passengers are seriously injured and killed by drivers under the influence of drugs and alcohol. States have instituted severe penalties to curb alcohol abuse and attempt to save lives. Nashville drivers who have been arrested one time or multiple times for DUI in Nashville need the help of a Nashville DUI lawyer. Drivers from Nashville and all of the surrounding cities including: Brentwood, Hermitage, Ashland City, Hendersonville and Madison can get the legal help they need from a DUI attorney. Seeking the legal counsel of a knowledgeable and competent Nashville DUI lawyer can ensure a driver understands their rights and options for their DUI case.

Penalties for DUI in Nashville

Penalties for DUI may vary for certain individuals depending on their criminal background and if they have previous DUI convictions. Before pleading guilty to DUI, find out the types of DUI penalties you can face from a qualified DUI lawyer in Nashville.

First DUI Conviction in Nashville

• Nashville drivers are required to spend 48 hours and up to 11 months in jail for their first DUI conviction. Nashville driver with a BAC of 0.20% or greater must spend a minimum of 7 consecutive days in jail.
• The court will revoke the driver’s license for one year.
• Nashville drivers are required to participate in an alcohol education class.
• Nashville drivers are required to pay restitution to any person suffering physical injury or personal loss due to the DUI.
• Nashville drivers are required to pay fines of $350-$1,500.
• The court may require the Nashville driver to install an Ignition Interlock Device for 1 year.

Second DUI Conviction in Nashville

• Nashville drivers may be required to spend 45 days to 11 months in jail. Nashville drivers with a BAC of 0.20% or higher may be required to spend additional days in jail.
• The courts may revoke a Nashville driver’s license for 2 years but may allow a restricted license after one year.
• The court may require the driver to install an Ignition Interlock Device.
• The court will require the driver to attend an alcohol education class.
• Drivers are required to pay fines of $600-$3,500.
• The court may seize the driver’s vehicle.
• Nashville drivers may be required to pay restitution to other individuals who have been injured due to the driver’s DUI.

Third DUI Conviction in Nashville

• Nashville drivers are required to spend 120 days to 11 months in jail. Drivers who have a BAC of 0.20% or higher may have to spend additional consecutive days in jail.
• The courts will revoke the driver’s license for 3 to 10 years. For the third DUI conviction there is not an option for a restricted license.
• Nashville drivers must install an Ignition Interlock Device.
• Nashville drivers must participate in an alcohol education class
• Nashville drivers must pay fines of $1,100-$10,000.
• The courts may seize a Nashville driver’s car.
• Nashville drivers may be required to pay restitution to other individuals who have been injured from the driver’s DUI.

Fourth DUI Conviction in Nashville

Class E Felony

• Nashville drivers are required spend 1 year in jail with 150 days required to be served consecutively.
• The court will revoke a driver’s license for 5 years with no option to apply for a restricted license.
• Nashville drivers must install an Ignition Interlock Device on their vehicle.
• Nashville drivers must participate in an alcohol education class.
• Nashville drivers must pay fines of $3,000 to -$15,000.
• The court may seize the driver’s vehicle.
• Nashville drivers may be required to pay restitution to other individuals who have been injured.

Hiring a Nashville DUI Lawyer

Drivers charged with DUI in Nashville do not have to hire a Nashville DUI lawyer, but it may be the best chance the driver has for a solid DUI defense. Nashville DUI lawyers offer free initial consultations to evaluate a driver’s DUI case. If the driver chooses to hire a DUI lawyer the attorney can interview witnesses, evaluate the DUI arrest process, negotiate with the prosecuting attorney and take the DUI case to court, if necessary. Even if a driver is planning to plead guilty to a DUI conviction, why not consult with a DUI lawyer in Nashville before making that decision?