Whether you have consumed alcohol and your blood alcohol level is above the legal limit of 0.08% or you have smoked marijuana, the primary concern for law enforcement officers is whether the substance has impaired your ability to safely operate your motorized vehicle. Alcohol and drugs both affect your reaction time and judgment and consuming drugs can create a public safety hazard and put, not only you at risk, but other drivers and passengers.

Testing for illicit drugs and conclusively determining the impact they have on the driver’s ability to safely operate a vehicle is more difficult for drugs than alcohol and for this reason some state laws for drugged driving have “lagged behind” laws that have been created for driving under the influence of alcohol.

With that said, however, there are many states (i.e. Arizona, Delaware, Georgia, Indiana, Illinois, Iowa, Michigan, Minnesota, Nevada, North Carolina, Ohio, Pennsylvania, Rhode Island, South Dakota) which do have per se laws which make it illegal to operate a motorized vehicle with any level of illegal drugs in the blood. Other state laws are less harsh or definitive and law enforcement officers may arrest a driver for drug use if they believe the driver is “impaired”.

Drug Evaluation and Classification programs have also been created and implemented in many states to help police officers recognize when a driver’s behavior is affected by drug intoxication.

Many drivers may think that smoking pot does not affect their driving, but drug use can affect a driver’s attention, balance, coordination, reaction time and perception. Studies and research have concluded that drinking and drugged driving may be linked behaviors and that marijuana does negatively impact a driver’s perception of speed, concentration and coordination.

Driving is a privilege not a right. Although more research may be needed to understand the full impact of a driver’s drug use in unpredictable driving situations, driving under the influence of drugs is illegal and dangerous.

If you have been arrested for driving under the influence of marijuana or any other illicit drug, it is time to contact a DUI lawyer. DUI laws vary by state.
For more information about your DUI case you can contact a DUI lawyer. Fill out the FREE case evaluation form and a DUI advocate will contact you to discuss the facts of your case or visit our website at http://www.duiattorneyhome.com. For immediate assistance, call our 24/7 DUI Help Line at 1- 866-228-3201.

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According to the Associated Press, Christopher “Kid” Reid, 47, who was part of the 1980s hip-hop band Kid ‘n Play and part-time actor, was arrested Tuesday in connection with a 2010 DUI conviction in Los Angeles, California.

Patricia Kelly, a spokesman for the Los Angeles Superior Court, reported Reid was booked in the L.A. county jail early Tuesday and held in lieu of $26,000 bail after a L.A. judge issued an arrest warrant for a missed July 25, court hearing date.

In July 2010, Reid was arrested for DUI for operating a motorized vehicle with twice the legal limit of alcohol.

Reid was popular in the late 80s and early 90s as part of the hip hop band Kid ‘n Play and more recently played a leading acting role in the “House Party” movies.

Hiring a DUI Lawyer

Los Angeles DUI attorneys can help you keep your license by challenging every aspect of your drunk driving case. Were your constitutional rights violated? Did the police officer have probable cause to stop your car? Was the field sobriety and chemical tests administered correctly?

Los Angeles DUI lawyers can help answer these questions. They can also help you appeal your license suspension, but it must be done quickly. Each state has specific time limits to appeal, and it is generally just a matter of days.

A DUI arrest in Los Angeles can be traumatic and humiliating. With all of this at stake, it is important to get good legal advice from a professional DUI attorney. Do not put your future in the hands of a public defender who may or may not have the time to dedicate to your DUI defense.

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Celebrities have done it again. This morning Vince Neil was stopped for DUI in Law Vegas, Nevada. The former Motley Crue front man was arrested and taken to the Clark County Jail where he was booked on charges of driving under the influence of alcohol (DUI) and released on bond of $2000.

There have been limited details about his DUI arrest, although there are rumors that he may have been involved in a DUI accident. This DUI arrest comes after a series of mishaps with police including a 2002 assault of a music producer and a 2003 attack of a prostitute in a Nevada brothel. He also had an altercation with a sound engineer at a concert in Texas in 2004.

Vince Neil and Motley Crue parted ways in 1992 when Vince went on to start other business ventures. “Tattoos and Tequila”, his first solo album was released on June 22, after a 15 year hiatus. Other business ventures include manufacturing and distributing his own private tequila label and opening a restaurant entitled “Dr. Feelgoods”.

In other recent celebrity news, actress/model Estella Warren has also been arrested and jailed. It has been confirmed that Warren was intoxicated when she allegedly hit three cars. Other reports indicate she may have fled the scene, but was later found and arrested for DUI. There is some indication that she later escaped from police custody during the DUI booking process and was recaptured and charged with felony escape and DUI hit and run.

Driving under the influence or DUI is a crime. It is illegal for all drivers to operate a motorized vehicle with a BAC or blood alcohol concentration of 0.08% or higher. If you are stopped for DUI, police officers are trained to recognize and test for DUI.

Police officers can detect DUI through illegal or reckless driving actions, the appearance of the driver, by performing standardized field sobriety tests and by administering a blood-alcohol test.

Drivers who are arrested for DUI, even first time offenders, can receive severe DUI penalties including license suspension or revocation, high fines, jail time, mandatory installation of an ignition interlock device, mandatory alcohol education classes and probation.

Refusal to submit to a blood alcohol test can also have additional ramifications. State laws vary, but in most states a refusal or failure of a chemical test may result in an automatic license suspension.

As the celebrity stories above indicate, failure to stop, resisting arrest, multiple DUI arrests or injuring other drivers or passengers may result in felony charges which carry more severe DUI penalties.

Hiring a DUI Lawyer

If you have been arrested for DUI or if you have been injured by a driver who was DUI, you will need the assistance of a DUI lawyer. DUI laws vary by state and a DUI arrest and conviction can hurt you socially and professionally.

If you have been arrested for DUI, do not attempt to fight the DUI charges alone, without professional help. DUI attorneys understand DUI law and can either help you negotiate a plea agreement with the state’s prosecuting attorney or take your DUI case to court.

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In previous blogs we discussed DUI arrests, the severity of DUI penalties and how important it is to get legal counsel from a professional DUI lawyer. Keep in mind, not taking your DUI arrest seriously can lead to severe DUI penalties such as: high fines, jail time, probation, license suspension, increased cost of insurance and mandatory alcohol education classes, even if you are a first time DUI offender.

In our blog yesterday we discussed defending against an officer’s failure to establish probable cause before your DUI arrest and how a DUI lawyer can review chemical testing procedures. Today, we will review whether or not the arresting officer gave you all of the proper warnings before your chemical test and DUI arrest, whether you were really intoxicated at the time of your DUI arrest and whether your field sobriety testing was done properly.

Warnings not Properly Given

The types of warnings which must be given prior to administering a chemical test may differ by state. Some states require a police officer to provide you with specific warning, while other states do not. If your state requires the police officer to notify you of the consequences of refusing to submit to a chemical test, your DUI lawyer can make sure this was done.

If you were arrested for DUI, your DUI lawyer will make sure that you were read your Miranda Rights. These rights include the right to remain silent, to hire a lawyer, and if you cannot afford a lawyer, to have one appointed to you by the state.

Breathalyzer Test Done During the Absorptive Phase

Defense lawyers also commonly claim that there may have been an error in the breath alcohol test if an individual was tested too early. Defense lawyers will claim that if your blood test was done too early, the chemical test may have registered an inaccurate reading because the alcohol you consumed had not been uniformly distributed throughout your body. A DUI attorney can review if your breathalyzer test was done too early and your blood alcohol concentration was calculated accurately.

Faulty Field Sobriety Test

Field sobriety tests have been standardized for many years and include the walk-the-line, one-leg stand and the horizontal gaze nystagmus test. Standardized field sobriety testing is used to identify drivers who are driving under the influence of alcohol. The National Highway Traffic Safety Administration claims that, if done according to established standards, the tests have a high rate of accuracy.

Unfortunately, police officers, even highly trained ones, are human and they are making judgments based on subjective observations. It may be easy to misinterpret certain behaviors.

If you failed the field sobriety test, your DUI lawyer can review the field sobriety testing procedures and determine if there are any other factors which could have affected your ability to successfully complete the tests such as age, medication, and/or physical impairments.

Hiring a DUI Lawyer

From our discussion yesterday and today, you can see that a DUI arrest does not necessarily mean you will be convicted of a DUI. DUI lawyers can evaluate every part of the DUI including:

• Was there probable cause for the DUI arrest?
• Were you read all the appropriate warnings prior to submitting to a chemical test?
• Were you read the Miranda Warning prior to your DUI arrest?
• Was the field sobriety test performed accurately?
• Was the Chemical test performed too early to register an accurate BAC level?

If you have been arrested for DUI, contact a DUI attorney. A DUI attorney is an expert in defending against DUI charges. Do not leave your future to chance, especially if you have multiple DUI arrests. A DUI conviction can have severe, long-term consequences.

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If you have been arrested for DUI or driving under the influence of alcohol you are facing severe penalties. DUI penalties can include: high fines, increased insurance costs, license suspension, mandatory alcohol education courses, probation and jail time. Given the complexity of DUI laws, representing yourself at your DWI trial can be a mistake.

DUI lawyers can review your DUI arrest and analyze the methods used to perform your chemical tests and ensure, not only that your constitutional rights have not be violated, but that all of the testing procedures were performed accurately.

Common DUI Driving Defenses

Establishing Probable Cause for the DUI Stop

The first question that a DUI lawyer can review is whether or not the police officer had probable cause to stop you for DUI. Probable cause can include any reckless or illegal action witnessed by the officer. Some actions are greater indications of intoxication than others, but many actions will give the officer probable cause to make a stop.

The National Highway Traffic Safety Administration (NHTSA) has determined any of the following driving actions could be an indication that you are driving under the influence of alcohol or drugs:

• Striking an object with your vehicle
• Turning with a wide radius
• Weaving in and out of traffic
• Slow Driving or driving too fast
• Tires on the Center Markers of the road
• Braking inconsistently
• Headlights not turned on
• Driving the wrong direction on the roadway

Just because the police officer witnesses one of these actions, this does not mean you were intoxicated. If the officer did not have probable cause for your DUI stop, your DUI lawyer can have the evidence suppressed. If the police officer did have probable cause for the stop, you may have a valid explanation for your actions. For instance, were you tired, distracted or under physical stress? Did you have another physical impairments which negatively impacted your ability to drive? A defense attorney may be able to prepare a defense which explains the reason for your behavior.

Blood-alcohol Concentration Test

If you have been stopped for DUI you may be asked to submit to a blood alcohol concentration or BAC test of your breath, blood or urine. Under state’s implied consent laws you have already given your implied consent to submit to these tests. You are allowed to refuse to take the test; however, refusal can have harsh administrative penalties (such as a license suspension) which will be in addition to any criminal charges.

If you submit to the chemical test and your blood alcohol concentration is above the legal limit of 0.08% or higher, you can be charged with DUI. If you have failed the chemical test the DUI attorney can review the admission process of the test and determine whether or not it was calibrated properly by the police officer prior to the administration of the test.

If you were given a breathalyzer test the DUI lawyer can also review whether your negative test results may have been caused something other than alcohol. For instance, breathalyzer tests can be sensitive to temperature, breathing patterns, and the presence of other chemical compounds on the breath which can be registered as alcohol.

In addition, DUI lawyers can ensure the breathalyzer machine has been property maintained and whether or not this machine has historically performed well. Conversely, the prosecution for the state must provide evidence that the machine has been maintained and calibrated correctly and that the law enforcement officers followed standard protocol when administering the tests.

Hiring a DUI Lawyer

In this blog we have covered two areas where a DUI lawyer may be able to help you defend your DUI arrest. If your DUI lawyer can prove the police officer did not have probable cause to make the DUI stop or if the chemical testing was improperly performed, your DUI lawyer may be able to legally request that evidence for your DUI be suppressed.

If you have been arrested for DUI, it is time to get legal help from a DUI lawyer. Do not leave your future to chance; get the help you need today.

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It is illegal in every state to operate a motorized vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. Drivers may also be arrested for DUI, regardless of their BAC, if they have consumed alcohol and cannot safely operate their vehicle.

Many drivers arrested for DUI or driving under the influence are surprised to find that they may face civil charge from their state’s Department of Motor Vehicles (DMV) as well as criminal charges.

If you have been stopped for DUI or driving under the influence of alcohol, you may be asked by a police officer to submit to a chemical test of your blood, urine or breath. Do you have to submit to the chemical test? No you do not, but under a state’s implied consent laws you have already given your implied consent to submit to the test and failure to do so may result in an automatic revocation of your driver’s license. The amount of time your license will be suspended may vary by state or may depend on the severity of your offense. In some states, if the driver refuses to submit to the chemical test, they may have their license immediately confiscated by the police and they may be issued a temporary license.

If you are a first time DUI offender the license suspension could be for as little as 30 to 90 days. Drivers who have multiple DUI arrests may lose their license for several years. Administrative license suspensions are in addition to criminal charges which for some drivers may include: jail time, high fines, mandatory installation of an ignition interlock device, probation, and mandatory attendance in an alcohol education class.

Appealing an Administrative License Suspension

Drivers may be able to fight their administrative license suspension by hiring a DUI lawyer and filing for an Administrative hearing. The amount of time allowed to file an Administrative hearing can vary by state, but all states have a deadline to make the hearing request. If the driver fails to request a hearing of the license suspension within the specified time period the license is suspended for the number of days outlined under state law.

At the hearing a hearing officer will review the DUI arrest and determine if the license suspension was properly made. If the court determines it was, the driver may be able to file an appeal of the license suspension.

If you have refused to submit to a chemical test after a DUI arrest or your license has been suspended, you may need help from a DUI lawyer. If you miss the deadline to file for an Administrative hearing you may loss the right to challenge your license suspension.

DUI lawyers have special knowledge of DUI laws in your state and can help you successfully defend your administrative license suspension. Contact a DUI attorney today if you need help.

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Whether your state calls it a DUI (driving under the influence) or DWI (Driving while intoxicated) it basically means you are operating a motorized vehicle while under the influence or some type of intoxicating substance.

If is illegal in every state to operate a motorized vehicle with a blood alcohol concentration (BAC) or 0.08% or higher, but you may be arrested even if your BAC is under this level, if you are unable to safely operated your motorized vehicle.

So what happens if you are arrested for a DUI? Most offenders will be charged a misdemeanor, unless they have injured another driver or they are a repeat DUI offender. DUI penalties have increased in recent years and under certain state laws, you may not even have to be driving to be arrested for DUI. Some states have determined it is illegal to be in “physical control” of the car. In these states, being in physical control of the vehicle while drunk is enough.

This means that you can be arrested for just sitting or sleeping in your car after drinking.

What are the consequences of a DUI arrest and DUI conviction?

Legislatures, often influenced by powerful lobbying groups such as MADD (Mother’s Against Driving), have implemented increasingly severe DUI penalties. Even first time offenders can expect severe penalties. Common DUI penalties can include:

• Loss of driver’s license
• Jail time
• High fines
• Probation
• Mandatory alcohol education classes
• Installation of breathalyzer machines

Steps to Fighting a DUI Arrest

If you have been arrested for DUI, you have the opportunity to challenge your DUI arrest and defend the DUI charges.

• Talk to a DUI lawyer. Even with DUI evidence, a DUI attorney may be able to challenge the collection methods used by the police. Some police fail to follow strict state laws for evidence gathering. Your DUI attorney may be able to suppress DUI evidence that was illegally obtained.

• Schedule your DMV Hearing. If you are arrested for DUI, a police officer has the legal authority to take your driver’s license and issue you a temporary permit to drive. It is up to you to schedule a hearing with the Department of Motor Vehicles to challenge your driver’s license suspension.

Failure to schedule this hearing within the specified timeframe outlined by your state may result in an automatic license suspension for up to one year.

• Attend the arraignment. The arraignment is your first visit to court. It is your opportunity to plead guilty, no contest or not guilty. If you plead guilty, the judge will impose a sentence. DUI defendants who plead not guilty will be scheduled at a later court date to present their DUI case before either a jury or a judge.

• Attend the DUI trial. The DUI trial is the appointed time when the state, generally the arresting officer, presents their evidence of DUI to the court. Prosecution witnesses may include a chemist or another “expert” who can give information about the Field Sobriety Test, the breathalyzer or blood test and how your estimated level of impairment impacted your ability to operate a motorized vehicle. DUI trials also allow the DUI defense lawyer to present their case and potentially prove you were not intoxicated and you should be found not guilty.

• If convicted, attempt to expunge the DUI arrest from your record. Claimants who are arrested, charged and found guilty of DUI may, at some point, be able to expunge their DUI record. If you meet your state’s requirements, you may be able to petition the court to have your DUI record destroyed or sealed.

Expungement laws vary by state and expungement may not be possible under all conditions. Some states allow a DUI expungement if it is your first DUI offense, you keep your record clean, a satisfactory amount of time has passed since the DUI conviction and you have met the terms of your DUI sentence.
Other states, such as Alaska, do not allow an expungement. Others allow it after a specified period of time. In California, for instance, your DUI record can be expunged after 10 years.

If you have been arrested for DUI, contact a DUI lawyer immediately. State DUI laws vary and a DUI attorney can help whether it is your first, second or third DUI.

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What happens at a DUI checkpoint? Policeman randomly stop vehicles on a public road and attempt to determine if a driver is driving under the influence (DUI) of alcohol or drugs. Does the officer have to suspect that you have committed a crime? Do they have to witness reckless driving?

Not according to the United States Supreme Court which upheld the right of police officers to conduct DUI checkpoints in Michigan v. Sitz (496 U.S. 444). In this case the United States Supreme Court reviewed a decision by the Michigan Supreme Court which struck down DUI roadblocks as unconstitutional. In a 6-3 decision, the United States Supreme Court reversed the Michigan court, ruling that DUI roadblocks were constitutionally allowed.

Regardless of the 4th Amendment of the United States Constitution which guards against unreasonable search and seizures, the Supreme Court has decided that the states’ interest in reducing drunken driving outweighs the Constitutional issues of a DUI roadblock.

Several state constitutions, including: Idaho, Iowa, Michigan, Minnesota, Oregon, Rhode Island, Texas, Washington, Wisconsin, and Wyoming do not allow DUI roadblocks, but the majority of the other states do use them to curb DUI and because the rules and regulations for implementing a DUI checkpoint were never clarified by the court, they can vary by state.

The National Highway Traffic and Safety Administration (NHTSA), without assistance from the court, has created recommendations that each state may choose to adopt. NHTSA guidelines include:

1. DUI checkpoints must be part of a continued effort to deter drunken driving.
2. The judicial system should favor their use.
3. Procedures for conducting a DUI roadblock should be implemented before their use.
4. DUI roadblocks should have a specific objective to increase public safety.
5. DUI roadblock warnings should be given in advance of the DUI checkpoint.
6. Police should make their presence known at all DUI checkpoints.
7. All suspects who are arrested for DUI must be taken to a facility for DUI chemical testing within a specified period of time.
8. All locations, checkpoint times and procedures should be written.
9. Trained police officers must perform the DUI tests.
10. The flow of traffic should not be impeded or distract other drivers.
11. Drivers should be allowed to make suggestions for the improvement of the roadblocks.
12. Drivers should receive adequate warnings to completely avoid the roadblock.

Many drivers side with the dissenting court position which observed that the Constitution does not make exceptions, as Justice Brennan stated, “That stopping every car might make it easier to prevent drunken driving…it is an insufficient justification for abandoning the requirement of individualized suspicion”. He also noted, “The most disturbing aspect of the Court’s decision today is that it appears to give no weight to the citizen’s interest in freedom from suspicionless investigatory seizures”.

Regardless of whether you agree or disagree with the court’s decision, it is important to understand your rights if you are stopped at a DUI roadblock. If you have been pulled over, if asked, you must present your identification. You do not however, have to admit you have been drinking or submit to any type of sobriety test. Keep in mind refusing to submit to a chemical test may, in some states, result in an automatic license suspension. You always have the right to remain silent and you do not have to provide the police with incriminating evidence to arrest you for DUI.

If you have been arrested for DUI, contact a DUI lawyer. DUI attorneys understand DUI laws and can provide a good DUI defense.

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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.

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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.

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