DUI Blog

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.

Abusing drugs and driving can and often is just as dangerous as drinking and driving. All states penalize you immediately for abusing any drug, prescribed or illegal, and driving. There are many reasons not to mix driving and drugs which will impair your ability. This blog guide gives you seven.

Dangerous for You
By abusing drugs, you are hurting your ability to see, feel, and make decisions. Just as alcohol can damage the nerves in your eyes and hurt your ability to see, the same is the case with many drugs. The problem is that many illegal drugs have chemicals in them you may not understand. You may be taking a drug which makes you tired, very dangerous. You may take a drug which makes you pass out. Or you may have some reaction to it. It’s very dangerous to mix even legal drugs with driving, especially if you also drink some. Be safe and avoid the dangers of drug abuse and driving.

Dangerous for Other Drivers
There are other drivers on the road too. Over 10,000 drivers die every year because of abusing drugs or alcohol and driving. Thousands of pedestrians die too. This means you are not only putting yourself at risk by driving; you are endangering the lives of others. And if you’re at fault, you can face criminal charges.

Lose Your License
If you are caught abusing drugs and driving, it’s treated just like a alcohol related offense in terms of your license. The first penalty is your license is suspended. For first time offenders, this can mean losing driving privileges for a year.

Face Fines
You will also face fines. Though minor in comparison to losing your license and going to jail, sometimes the fines can be quite high, especially if you’re not working.

Get a Drug Charge
If you are caught with illegal drugs, you face more than a DUI: you also can be charged as a drug offender. This can mean further penalties.

Go to Jail
Going to jail can occur even in a first time DUI offense. While sentences vary, you can spend days in jail to months in prison. If you have multiple DUI offenses, you can be forced to spend even more time in jail.

Other Penalties
A DUI offense can also mean being put on probation, forced to go to drug counseling, and then having to go through a lengthy process just to get your license back.

So what’s next? All DUI charges require the help of an experienced, local DUI lawyer. While you may think just because your caught means you always face charges, it does not work that way. You may in fact be able to successfully defend yourself. But you can’t without a DUI lawyer. A proper defense can have evidence thrown out, officer actions questioned, and either a lessening of charges or a not guilty decision.

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.

What happens in a DUI trial? This blog guide answers common questions on the arraignment, preliminary hearing, trial, and sentencing.

Remember that just getting a DUI charge does not mean you should plead guilty. You need an experienced, local DUI lawyer to help decide your case. However, there are some points which can be helpful in knowing and understanding a trial.

The Arraignment
A DUI arraignment is where you decide on legal representation and how you will plead. For legal representation, you can defend yourself, use a public defender, or hire a professional DUI lawyer. You have the option of pleading guilty or not guilty; usually, unless you’ve consulted with your lawyer, you want to plead not guilty to the charges. A misconception is that you should plead guilty if you believe the charges will stick; in fact, you may be able to win.

Your Lawyer
Should you hire a lawyer? The answer is easy: yes, because proper legal representation is essential in lessening or eliminating charges. A professional DUI lawyer can help you decide how to plea, basing this decision on the police reports and other evidence, while also negotiating with the prosecution. If you defended yourself, you would have no idea on the legal ramifications of police reports, of pleading guilty, nor would you know how to properly defend yourself. A court appointed lawyer is an option, but rarely do they have the time or inclination to properly defend you.

Preliminary Hearing FAQ
The preliminary hearing in DUI cases varies in scope from state to state. Sometimes the judge can decide if the evidence shown is enough to prove intoxication, such as evidence gained from breath and blood tests, or officer reports. Your lawyer will quite often be able to see what kind of evidence the prosecution is using, making a defense easier. While plea bargaining is an option, it’s rarely used. Plea bargaining is not used in many states for DUI charges, because it’s widely believed DUI charges should be punished to the full extent of the law. Other states do allow them, but still they’re rare. The problem is that most DUI charges will stick. What you can do is negotiate to lessen the penalties; your lawyer can help here.

Pre-Trial
The pre-trial motions are a good way for your DUI lawyer to keep evidence out of court. Your lawyer plays an integral role in removing key evidence from the prosecution’s case. This may be, for example, evidence taken from your car.

Trial
The DUI trial is where your lawyer earns his or her money. However, quite often this money is earned before the trial: many DUI cases are settled beforehand.  You will have a trial by either judge or jury, who’ll way evidence for and against you, decide on what if any penalties you deserve, and come to a verdict.

A proper DUI defense can be quite complex. An experienced lawyer is invaluable in lessening penalties, if not removing them entirely. If you are unsure of where to begin, contact a DUI lawyer today.

Even if you have some idea of what a breathalyzer is and can do, this blog guide can give you valuable information and answers many questions. Let’s get started.

What a Breathalyzer Is Scientifically
It can seem to be a simple device until you really see how it works. A breathalyzer has a sample collection system, a chemical reacting system consisting of glass vials containing a solution sensitive to alcohol, and a meter which measure the electrical current between photo cells. Yes, it seemed easy before, but for our purposes, just remember it collects your breath for a chemical reaction; if you have alcohol in your system, technically it can be read on the breathalyzer.

How Breaths Tests Are Given
The officer asks you to breath heavily into the breathalyzer so a reading can be made. This is not exactly a blood test; it will be estimating alcohol in your blood by ratio in your breath. You breath into the breathalyzer, a reading is given, and the officer multiplies it. All states use the .08% BAC (blood alcohol content) legal limit for drinking and driving.

False Readings and Other Problems
Breathalyzers are not full proof. The best means for seeing if you are under the influence of alcohol and/or drugs is a blood test. Alcohol goes into your blood, not your urine. The blood test is also more effective than the breathalyzer itself. False readings are common enough to be a problem, as the officer giving the test may read it incorrectly if not use the device wrong. This is not always their fault; the breathalyzer requires some guess work. Because of this, defenses can be based on incorrect usage of the breathalyzer.

Defending a Positive Breathalyzer Test
Legally, all states bind you to taking the breathalyzer tests. If you refuse the breathalyzer, you can expect immediate penalties. Usually, your license is automatically suspended, and you may get further penalties. If the arresting officer believes you are clearly over the limit, he or she can still legally arrest you. If you take the breathalyzer and it comes up positive, the game is not over. The breathalyzer, as noted, is a device with great potential for error. If your BAC level is very close to the legal limit, your defense can be based on whether you truly were drinking and driving. Since the breathalyzer isn’t full proof, typically other evidence such as blood tests are brought. In any DUI defense, you need an experienced attorney.

Getting Help
If you were recently pulled over and failed a breathalyzer, you may feel the game is up. You won’t be able to drive for some time, you’ll pay large fines, worse yet you may even have some jail time. Actually, a strong DUI defense can at the least limit the penalties you receive, if not stop them entirely. In order to get help with DUI defense, you need a DUI attorney. You want a specialist who can take the time to spend on your case, defend you in court, and fight for your rights if mistakes were made.

Plea bargains are rare in DUI cases, but remember that successful DUI defenses themselves can be difficult. For one, if the officer, the breathalyzer, and the blood test say you were over the legal limit, you will likely have trouble defending the charges. There are many defenses for DUI, however, and this is not to say you have no chance. In fact, DUI defenses can limit charges based on the actions of the officer, the validity of the tests, and the exact circumstances of the arrest.

As our first point, if an officer pulls you over for no reason, you have rights. You can’t just be pulled over for no reason; well, legally you can’t. If an officer profiled you because of the make of your car, your skin color, your sex, or any other reason, and makes no clear case for why he or she pulled you over, you often have a strong DUI case. Officer profiling is an unfortunate fact of life, but it does not make it right. This defense can be difficult to prove without a good lawyer.

Or the officer could have made other mistakes. He or she might have caught you sitting in a car but not driving. This actually does happen, where you weren’t driving and sometimes had no intention of driving. In this case, a defense can be made that you were not driving at all, therefore breaking no laws.

An officer can also fail to use the breathalyzer correctly. It’s common for drivers to believe the breathalyzer is 100% accurate. It’s not. It depends on how the officer uses it. If you fail the blood test, that is much more damning in court, as it’s the most accurate test for alcohol.

The last mistake an officer may make we’ll go over is the Miranda. By law, upon arrest you need to be told your rights – you have the right to remain silent, to an attorney, etc. – and if not, the officer has made a big mistake. This too doesn’t happen to often, but sometimes the arresting officer can forget and this leads to a strong defense.

Defenses are based on many other points beyond how the officer acted. The main goals of a DUI defense are to cast doubt on the officer, on the evidence against you (like the BAC tests), and to prove you were no danger to other drivers.

While rare, plea bargains can be struck in cases where the defense has proven a key point. If the officer’s arrest can be doubted, it can lead to a successful innocence plea. Where there is more evidence, and it’s clear you were drinking or using drugs, plea bargains can be made to save time. While it may sound odd, in criminal law courts plea bargains are quite common, mainly because of the backlog in the system and full prisons. This does not happen too often in DUI, as you rarely spend major prison time and DUI arrests are quite often punished.

The basis of a plea bargain depends on the nature of the crime, the strength of evidence in the case, and the chances you’ll get a guilty charge in the final sentence.

Who can help with this? You will have no DUI defense without a DUI lawyer. A DUI lawyer is your best means of getting charges dropped or a plea bargain. Of course, charges dropped is much better, but usually you will get some penalties. The main goal of a DUI defense is to limit charges, by showing evidence and influencing the opinion of judge or jury.

Just remember, without a proper lawyer in any criminal law case, your chances of charges being dropped or getting a plea bargain are much less.

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.

What is an expungement? It’s a process for cleaning up your legal record. If you have a DUI on your record, there are ways to remove it. However, legally it’s not always possible. And the DUI will still be on your record, but only accessible to the government and law enforcement.

How the Court Process Starts
Court processes vary from state to state. In most cases, you’ll be filling out a petition and submitting paperwork to a criminal court. A judge will review this and decide your case. Sometimes you have to pay fees.

It can be much more complicated than that, and getting the help of a lawyer is recommended. If you make mistakes in the petition or other paperwork, the judge may decide against you. On the other hand, it may not be possible in the first place. There is often a hearing, where you can make a case with the help of your DUI lawyer.

Are you eligible?
Again, state laws differ in certain criminal law cases, and that includes driving under the influence charges. What the judge usually factors in this case is how much time has passed since the conviction, if any further crimes have been committed, how bad the charges were (if you received a felony charges in your DUI), and more. If the judge feels any of these are still questionable, he or she will likely deny your expungement.

Is it erased?
It will technically not be erased. What happens is your record is “sealed,” but even sealed government records can be accessible. Your DUI charges will still be accessible for police officers and other law enforcement; it will show up if you’re pulled over for speeding, for example.

How do you get help?
This is a big step in clearing your criminal record. If you can remove a DUI, it can really give you a second chance. Yes, it is difficult, but more than worth trying. This makes your overall record look better. If you are interested in removing a DUI from your criminal record, you need an experienced lawyer. You want a local lawyer who knows the state laws, who can handle the complexity of the case, and has the experience in handling expungements before.

As stated in the Sixth Amendment of the Constitution, you have a right to counsel in all criminal prosecution. For those charged with a DUI, these words bear even more weight.

You definitely need a good defense, even if you are guilty of the charges to some degree, and in order to get a strong defense you need an experienced DUI lawyer. This is not an option, really, because unless you’re a DUI lawyer yourself, you need to hire one.

You have three options: represent yourself, have a court appointed lawyer take your case, or hire a lawyer. The DUI Blog has pointed out previously how these options are far from equal; you need to hire a lawyer 99% of the time rather than representing yourself or having a court appointed lawyer.

Why? You will not know where to begin when it comes to defense, and your appointed lawyer won’t have the time or desire to truly help you.

This is not to say all DUI lawyers are good counsel. But it’s your right to hire one capable of winning your case (even if winning means lessening charges).

How does a lawyer help?
In any DUI case, your lawyer will have a big role. This is not going to court to file bankruptcy; this is a misdemeanor if not a felony offense. Even misdemeanor charges can lead to jail time, and always lead to license suspensions, fines, probation, and other penalties. Felony charges, on the other hand, are even more serious: you could spend months or more in prison, face even higher fines, and lose your license for years. A lawyer helps first by arguing your case so these penalties can be lowered. It’s your right to hire one, and it’s your lawyer’s ability which can quite often decide how your case goes.

A lawyer can advise you on your rights, make sure your constitutional rights have not been violated, strike a plea bargain with the prosecution to lessen charges, and in the court room bring witnesses and other evidence before judge or jury.

What if you take the court appointed lawyer or hire the wrong one?
Criminal defense is a science. Again, hiring a lawyer is your best option. If you fail in this regard, and the lawyer fails to truly win the case in the best manner, even if he or she makes mistakes the conviction will almost always stand. You can’t just say you hired the wrong lawyer and start over. Unless clear incompetence is shown, the case will stand.

How do you hire a lawyer for DUI defense?
If you are fluent online, most reputable lawyers have web sites listing their experience and offering free consultations. You can also look in the phone book. Referrals can sometimes help, but be cautious as no two cases are alike. The best way to do this is not make it a race to get the first one; take your time hiring a lawyer for your defense, consulting with as many as you can in the time table you have. And never hire a lawyer days or weeks before trial; they need time to look over your case.

It seemed like the end of the world when you were pulled over after having some drinks, then the handcuffs came, and you ended up in a jail cell. The arrest may have been quite different. You may have had just one drink but were under age. You may have in fact had nothing to drink, but took a legal prescription drug. There are many complexities to a DUI charge. Just because you fail a blood alcohol test (BAC) does not mean you are necessarily guilty. In fact, with some evidence, you can win in court. How? This guide shows you.

The Basics of DUI Defense
You need a lawyer no matter if you feel guilty or not. Too many simply take the charges, pleading guilty because of a few drinks. There is quite often much more to a DUI case than just having some drinks and driving. Yes, it is wrong to do so. Drinking and driving is very dangerous and that’s why those who do so are penalized. However, there is more to the laws than clear guilty and not guilty verdicts.

Proof Your Guilty
The basic test states use is the breathalyzer test. Though sometimes inaccurate, it’s the best on-site test for BAC that an officer has. It can generally prove your guilty. If you also fail a sobriety test – such as walking in a straight line or counting back numbers – it’s less damaging. If you also fail a blood test, the most accurate of all BAC tests, you are likely guilty of something, but still have a case for defense.

Prove Your Innocent
BAC tests are not always accurate; blood tests are the most accurate. Breathalyzer tests can hold in court, but officers often enough fail to use the device correctly. The breathalyzer is usually accurate, but it must be used correctly by the officer. It can be disproved in court. Now, on the other hand, you may have been drinking and driving under age. If you have any level of alcohol in your blood – even as low as .01 in some states – you can be charged. That’s a very low number to test for, and a blood test is most accurate. Your defense can be based on the fact the BAC tests were used incorrectly, that you were treated inappropriately by the officer, that the officer never told you your rights or your options when it came to sobriety tests, and many other defenses. You need a lawyer in any DUI case, no matter if you feel guilty or not.

How Effective Are BAC Tests?
BAC tests are subject to human error. A defense can sometimes prove, with an expert, that the tests were used incorrectly. Also, it’s not as easy as it sounds to use a breathalyzer. If it can be proven that the officer botched the test, using it incorrectly, you have a clear defense.

BAC tests are supposed to prove guilt. In fact, sometimes they prove innocence. If you’re unsure of a defense based on the validity of a BAC test, contact an experienced DUI lawyer.