Under the implied consent law, any person operating an automobile has consented to being chemically tested by police for a DUI when they signed their driver’s license.

Most states have passed the law that says if you are driving an automobile, you have already given your “implied consent” to take a chemical test to find out if you are driving under the influence of drugs or alcohol.

How is the Implied Consent Law Applied?

When you are stopped by police under the suspicion of DUI, you have already consented to a chemical test to determine your BAC (blood alcohol concentration). They use this information to build a DUI case against you in the event that you go to court.

In most states, when you are arrested for DUI, the officer will read you the Implied Consent Notice. When he is finished, he will then ask to take a blood, urine or breath test. As the name suggests, your consent is implied, not undeniable; therefore, you can withdraw your consent. In other words, you can refuse to take their test, but if you do, the consequences are harsh.

What if I refuse a blood, breath or urine test?

State laws vary, but if you refuse to take one of the tests, you will lose your license for at least one year. The officer may still be able to get around your refusal by obtaining a court order to draw your blood and test it.

If you refuse the test, if the police say you were uncooperative, or if the equipment failed and you were arrested, you have the right to request a hearing at the DMV. The purpose of this hearing is for you to ask the administrative judge at the DMV to look at the facts of your DUI case and reverse the license suspension and give you your license back.

Keep in mind, depending on your state laws, you have a short time to ask for an administrative hearing. If you pass this window, you will lose your right to object and therefore lose your license. It is a good idea to consult with a DUI attorney who can help you with your state’s statutes.

Is the Implied Consent Law Constitutional?

The implied consent laws are controversial. DUI lawyers have argued that the Fourth Amendment guards against “unreasonable searches and seizures.”

Another line of reasoning is that it violates the Fifth Amendment that says, “No person shall be compelled in any criminal case to be a witness against himself.” Fifth Amendment as well as Fourth Amendment challenges have been argued in many DUI cases with little success.

At this time, most state laws say that we are to submit to DUI chemical testing if we are pulled over under the suspicion of DUI. In most cases, refusal of a DUI chemical test will make matters worse.

If you have been arrested for DUI, contact a qualified DUI attorney in your county. No matter your situation, he can work with you to develop the best DUI defense for you

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In many states, if you have been stopped for a DUI you have the right to an independent blood or urine test that can be maintained and later analyzed to compare with the results from your breathalyzer test. Why is this needed? Because according to the U.S. Supreme Court in California v. Trombetta, if you have been administered a breathalyzer test there is no legal right for the officer to save the sample and allow the defense to independently review it at a later date.

Getting a blood or urine test may be a legal right, but officers are often reluctant to notify a driver that they have this right. Why? They do not want to take the extra time that is needed to find a technician to perform the test so the law is routinely ignored by police officers.

If you have been arrested and your legal right was violated, what recourse do you have? It depends on the state. In California, according to the law which states, “no failure or omission to advise pursuant to this section shall affect the admissibility of any evidence of the alcohol content of the blood of the person arrested”, it may be impossible to suppress the breathalyzer test as evidence, even though the mandatory law was ignored by the California police officer.

Some state courts, however, have concluded that the breathalyzer may be suppressed if certain attempts were made by the officer to interfere with the blood tests. In State v. George, the Kansas court decided that the breathalyzer test should be suppressed because the officer did not allow the driver to take a blood test. The officer refused the request because he believed it would take too long to drive the suspect to a hospital and have the procedure completed.

So does a driver have the legal right to request a blood sample? Yes. Does the officer always honor that request? Sometimes and if they do not, you may have very little legal recourse. This is called a right without a remedy, and if it happens to you it is time to find a good DUI lawyer.

DUI lawyers understand the complexity of DUI laws and can help you even if you have been arrested for DUI for the very first time. DUI laws have become more severe and even first time DUI offenders may have their license suspended and have to pay high fines and penalties.

Do not try to handle a DUI charge on your own. Find a DUI attorney who can answer your questions and help you move forward with your life.

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1: Do Not Give Too Much Information
If you’re pulled over on suspicion of abusing drugs or alcohol and driving, you may consider explaining to your officer how this will ruin your life. Rarely will they care. On the other hand, they may play friendly while interrogating you – to get more information. If you’ve been drinking, do you have to admit that? No, you only need give the officer your identifying information and take the breathalyzer test. You do not give any information the prosecution can use against you.

2: Do Not Plead Guilty
If you fail the breathalyzer and perhaps the blood test too, you may consider just getting this over with: pleading guilty. However, ask any lawyer who specializes in DUI law and you’ll hear a consensus: you rarely, if ever, want to plead guilty. If the prosecution offers a deal, which is rare in DUI cases, you may consider that. However, you should always consult with your lawyer prior to making the decision.

3: Hire a Lawyer Prior to Your Court Date
And before you even go to court, have an experienced lawyer in place ready and willing to help you. You should immediately get in touch with a lawyer who specializes in DUI law instead of waiting a few days prior to the trial. Give him or her time to look over your case. Make all decisions with your lawyer.

4: Not All Lawyers Are Equal
While a good lawyer is a good lawyer, you need a DUI lawyer – not someone referred to you who has taken on a few cases before, or who specializes in some other law. Some lawyers take on any case for the money, not specializing in anything. And even if you hire a DUI lawyer, it does not mean he or she can help. Sometimes you make a mistake, and hire the wrong one. There is no law saying you have to keep them on your case. You can save valuable time by being picky and being willing to pay extra.

5: Drunk Driving is Not the Term
Simply because you got a DUI does not mean you were drunk. You may have been much closer to the limit than you think. It’s too broad a term to use. Instead, use “under the influence,” and start asking questions on how much you were over (if not under) the limit.

6: BAC Tests are Not Perfect
When you go to court, plead guilty, and take the maximum charges, you are forgetting two things: first, a lawyer can often lessen the penalties, and second, not all blood alcohol content tests are accurate. In fact, the breathalyzer has been proven to be wrong. If you fail a blood test, that is stronger evidence. But guilt is never a guarantee, and you have a right to question what happened.

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1-Should you plead guilty?
Pleading guilty or not guilty is a common legal question, and very important in DUI law. You should rarely if ever plead guilty to a DUI charge unless guilt is completely clear. Even a positive breath test showing you are over the limit can be questioned. There are so many points to consider that at a minimum consulting with a lawyer is essential. Yes, there are times when pleading guilty has benefits, but never do so without a lawyer.

2-What is his or her price?
How much value can you put on a lawyer? Unfortunately, not all will give you the same value. That makes it more difficult to see who’s going to help you win. Some settle on DUI lawyers rather than choose them, often because of price. If a lawyer is way out of your price range, it’s understandable to keep looking. It does depend on your budget, but remember, if you lose your license, are fined, even go to jail, that can cost you much more time and money. Therefore, put a high value on an experienced DUI lawyer.

3-What legal background does the lawyer have?
A DUI lawyer will have a degree and have passed the bar exam. Beyond his or her education, you should look at what cases the lawyer has settled. They may have had a good many cases with successful defenses, lessening charges and sometimes winning. Or they could have helped others get their license back after losing it to DUI. Asking for references and successes is quite important.

4-How available are they?
You don’t want a lawyer juggling 20 cases at one time. Sometimes you can’t afford a more expensive lawyer, but neither can you afford the cheapest lawyer available. If they are cheap, they may have little time to actually prepare an effective defense, which we’ll be going over. You don’t want a $50,000 bill, but neither do you want  jail time, license suspension, and fines because the lawyer didn’t fight for your rights.

5-What is their opinion on your case?
You want your lawyer to evaluate your case and explain in real terms what might happen. Most DUI charges with positive breath and blood tests lead to charges. Since most DUI cases are now in front of  a judge rather than jury, and since these judges hear many not guilty pleas from guilty drivers, it may be time for a reality check. You can be completely honest with your lawyer and ask for advice.

6-How do they propose a defense?
On the other hand, “innocent until proven guilty” should be on your mind. If you minimize the affects of the penalties, you might avoid going to jail and losing your license for a long time. There is a lot of value in that. But in order to do that, a lawyer must prepare an effective defense. This can include whether the breathalyzer test was accurate, if you had been drinking at all or in excess, how and why the officer pulled you over, and how you were treated. Yes, it can be complex, and you need not understand every law and court process. But it’s good to ask questions from the beginning.

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According to a education site DegreeFinders.com, a DUI lawyer is must have at a minimum a bachelors degree and a law degree. Also, the law school attended must be approved by the ABA (American Bar Association), and the lawyer must pass a Law School Admission Test before being accepted. While education is quite important, experience may be even more effective, because, especially in DUI cases, understanding court processes and how laws are interpreted is integral.

What happens in school?
A good law school prepares a lawyer, especially a DUI lawyer, for future cases. Your prospective lawyer may have passed law school, but that does not mean they’re effective. In law school, there is some intense instruction. A lawyer is also expected to pass an internship. You can’t downplay the difficulty of getting into school and succeeding. Just passing the troublesome “bar” test is proof of knowledge. This is a test required by all states for DUI lawyers be licensed and eligible to practice law.

School does not end after passing the bar. First, a DUI lawyer will receive continued education to keep his or her license, and will have to stay fluent on the changes in DUI law over time.

How does a DUI lawyer get experience?
Few lawyers start out with world changing cases. But a DUI lawyer gets experience by seeing how the laws work in and out of the court room. Being able to negotiate with the prosecution and judges, to question juries, to explain complex laws in human terms – these are all valuable. But really, experience is about simply understanding the law, going to court, and defending a client.

What do you look for in your DUI lawyer?
You don’t necessarily go by their school record; experience is more important. Simply because a lawyer is in a huge law firm does not mean he or she is incredibly talented or experienced. Nor does it mean he or she has less experience or talent when in a small firm. You look for experience in handling complex cases, being able to explain your rights clearly to you, while also being in your price range.

Does experience mean higher price?
It merits a higher fees, but seeing as how the average DUI lawyer makes $50,000 to $60,000 a year handling dozens of cases, you rarely have to spend a fortune. Experience is more important than price; a valuable lawyer can mean the difference between going to jail or not.

Finding A Professional DUI Lawyer
Where do you look for a professional DUI lawyer? It’s important to understand lawyers are all not equally talented, experienced, and educated. You may be able to find one for a rock bottom price, but, as the cliché says, you get what you pay for. In the days of the world wide web, looking over web sites and blogs like this one can help your decision. If a lawyer gives a lot of valuable advice for you on his site, that is a good lead for you to follow up with.

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Since over 10,000 people die due to DUI every year, it’s understandable state laws are adapting to the growing problem of drinking and driving. One affect of the stiffer laws is being charged with a felony. There are many questions concerning this issue, but for now let’s consider what infractions, misdemeanors, and felonies mean.

An infraction is a minor charge, such as a speeding ticket.
A misdemeanor, a more serious charge, is the term used when there is the potential of a year or less jail time. You may face 30 days in jail, for example, after being charged with your first DUI.
A felony, on the other hand, means you face a year or more jail time.

As you can see, there are differences between felonies and misdemeanors and felonies, namely jail time. However, you also face stiffer penalties on other levels, including: longer license suspension, higher fines, and longer probation.

So which one will you be charged with, a misdemeanor or a felony? It all depends on the state and what exactly happened. It also depends on how effective the defense is. Sometimes charges for a felony fail to stick, such as when you get a second DUI, but misdemeanor charges are made.

Most DUI cases come with misdemeanor charges. Rarely will you be charged with a felony for a first or second DUI. It’s important to note that misdemeanors themselves can be quite strict. You might face months in jail for one charge, while a different charge leads to no jail time.

Felony charges most commonly occur when someone is hurt or endangered. If a death results from a DUI you face a felony, if not vehicular homicide. If you have a long record of DUI charges, you get in an accident, and someone is severely hurt, you often face a felony.

Simply being in an accident where someone is hurt after doing some drinking is no guarantee you will be punished with a felony. A strong DUI defense can at the least lessen your penalties. Defenses can be based on whether you truly were over the limit, whether you made the mistake causing the accident or not, and how the arresting officer acted.

Felony charges for DUI cases may not be common, but with over 10,000 deaths caused by drinking and driving every year, they happen often enough. If you’re unsure of how the legal process works, it’s time to consult with professional legal counsel. Understanding the full scope of misdemeanor or felony charges is something a lawyer can best explain to you.

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Most pleas in DUI cases are not guilty, but there are essentials to defense all too often overlooked. This guide points them out, preparing you for a not guilty plea.

Know the Charges
DUI cases are not all the same: there are countless situations where you might get arrested, what you did will vary,what the officer does varies, and how a defense is made can vary. For example, if you hurt someone while abusing alcohol and drugs, you likely face some serious charges. Or, you might have  a long history of drinking or abusing drugs and driving.

You can be charged with a infraction, a misdemeanor, or a felony, in that order of minor to serious charges. If you hurt someone, for example, you likely face felony charges. If this is your first offense, you likely face misdemeanor charges. Infractions are not common in DUI charges. Once you know the charges, you can best make your next decisions.

Hire a Lawyer
What’s your most important decision after being charged with a DUI? It’s not if you plead guilty or not guilty.  After a DUI charge has been made, the most important choice is in hiring a lawyer. A DUI lawyer is not an option; it’s a must. It can mean the difference between going to jail or winning a case.   In order to hire an effective lawyer, you should base it on experience. Experience may cost more on paper, but it can save you from going to jail, losing your license, and more.

Let Your Lawyer Work
And once you hire a lawyer, let him or her do his job. Yes, this is your life on the line, but if you hire an experienced DUI lawyer, he or she will know what to do.

Why Not Guilty?
Can you avoid lawyer fees and just plead guilty? Sometimes pleading guilty is in your best interest, but it almost guarantees major penalties. Forgoing a lawyer, and not even consulting with one, is a major mistake. You plead not guilty not always because you had not been drinking over the limit; sometimes there are problems with the case against you.

The Defense
Understanding how you will make a DUI defense is our final essential. Your lawyer should be doing all the ground work, but you still have a role. There is nothing wrong with being involved. Defenses can be based on the validity of the breath test, if the arresting officer acted correctly, and whether or not this has happened before. A strong DUI defense is not always about getting cleared of all charges; sometimes avoiding jail time or extended license suspension can be considered a victory.

When you plead not guilty to a DUI charge, it’s important to remember you still have rights. You may have made a mistake, you may not have. But there are many points to remember. Perhaps most importantly is to make your decisions with legal counsel.

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This guide will go over perhaps the biggest concern you have after being pulled over for a DUI: going to jail.

Who can help you understand this process? The first step is to hire the right DUI lawyer. The next vital step is to prepare a strong defense. Jail time does not come with every DUI charge. Let’s find out how you can at the least avoid going to jail and at the most eliminate all charges against you.

Avoiding Jail Time – When Pulled Over
When you’re pulled over, you may think your times behind the wheel are over. You might have not even drank alcohol to an extreme but still think you will get a DUI. Yes, even a little alcohol can affect your ability to drive. But it does not mean you deserve DUI charges and especially jail time. The legal limit is .08% in all 50 states. You will be asked to take a breathalyzer to test for your BAC (blood alcohol content) and then asked some questions. You might even be asked to take a sobriety test.

First, the breathalyzer is not a perfect system. It’s subject to human error. Yes, most of the time the reading is true with an experienced officer, but the most damning evidence is not breath tests but blood tests. Second, you should take the breathalyzer in any case, even if you have been drinking. If you refuse it, most states will immediately punish you by suspending your license. If you were below the limit and refuse, you just lost your license for nothing. And the officer might still have cause to arrest you.

The DUI Lawyer
Your DUI lawyer can explain much of this process to you. It’s his or her job to prove you were not intoxicated while driving. If the breathalyzer reads at .08% or close to it, there can be some doubt on the validity of the test. Your DUI lawyer can take facts like this and more in order to prevent jail time.

Costs of Abusing Alcohol and Drugs and Driving
DUI offenders are punished far worse for multiple offenses. If you have a history, it’s not going to look good for a defense. But you are innocent until proven guilty no matter how many or how few DUI charges you have. If you are charged, that means you face jail time, fines, license suspension, and further penalties. The costs are quite high, making a strong defense quite important.

Lessening Charges
Even if you are found guilty of drinking or abusing drugs and driving it does not mean you’ll go to jail. The three kinds of criminal laws – infractions, misdemeanors, and felonies – all have a place on the road. Infractions are minor and not used in DUI cases. Misdemeanors are very common for first time offenses, while also sometimes for multiple offenses. Felonies are on the extreme end, with some extended jail time involved; usually you are a multiple offender or you hurt someone.

Because these charges can be so extreme, sometimes your best defense is not winning outright but lessening the charges. In order to do that, you need a good lawyer, evidence contrary to the police report, and a fair judge.

Defining Your Defense
Getting jail time is of course the last thing you want, but it happens. Drinking and driving is too costly not to have harsh penalties. This does not mean you should just plead guilty and forgo the process. If you really want to avoid jail time, it’s time to hire an experienced DUI lawyer and prepare a defense.

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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.

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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.

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