Everyone who is arrested for a DUI must ask themselves: “Should I fight this DUI?” This decision will affect the rest of your life and should be carefully considered. The decision to make a plea or go to trial depends on several factors that are unique to each person and situation.

Did I have physical control of the car?

The first thing the prosecution must prove is that you were driving or had physical control of the vehicle at the time of the DUI arrest. If you had a normal experience of getting pulled over while driving, then this will be easy for the prosecutor to prove.

If you were involved in an accident, however, it may not be clear to the police who was driving because they showed up after the accident. Other circumstances that bolster your DUI case are multiple passengers, the owner of car is not who was charged with the DUI, and the keys are in ignition and not in anyone’s possession.

How Close to .08% Was Your BAC?

The prosecutor must prove you were over the legal limit when you were actually driving, not when the police got around to administering the chemical test. The closer you BAC was to .08%, the better your chances are of a successful result at DUI trial.

You usually take a breath, blood, or urine test anywhere from 30 min. to several hours after your DUI arrest. A person’s BAC rises and falls in the body. What if you drank a significant amount of alcohol shortly before you got into your car to drive? Your DUI attorney can argue that the alcohol did not have enough time to enter your blood stream to cause impairment while you were driving. You may have been over .08% at the time of the chemical test; but, there could be reasonable doubt whether your BAC was over .08% when you were actually driving.

Was the Breath Test accurately administered?

The breath test is subject to all kinds of challenges. The hand-held machine that police use on the streets is notoriously unreliable. There was a study conducted in Florida that showed that as many as 40% of breath test results were inaccurate.

The police do use a much more accurate machine at the police station, but if there were discrepancies between these two tests, this would show a weakness in the State’s case.

Were proper procedures followed for the DUI arrest?

Depending on your state, police are required to follow certain procedures when they administer chemical tests. For a blood test, did they clean the area with a non-alcoholic swab? For a breath test, did the police give you a fifteen minute observation period before they administered the DUI chemical test? Are the hand-held breath machines properly calibrated twice per week? Your DUI attorney knows all of the approved procedures and can challenge the validity of the DUI chemical test results if the police failed to administer the chemical test properly.

Should you plead guilty or risk taking your DUI case to trial? The honest answer is that it depends on the circumstances surrounding your DUI arrest. You should consult with an experienced DUI attorney in your area. He can look at your DUI arrest and tell you the best course of action for you and your future

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We are conditioned to see driving after drinking as extremely dangerous (and it is) and the social stigma associated with that behavior is very negative. Unfortunately, alcohol is not the only substance that causes impaired driving; marijuana use can also cause a driver to become impaired.

Driving while drunk is dangerous and several devices and tests have been developed to measure a person’s level of intoxication. Breathalyzers, Intoxilyzers, and BAC calculators were created to pinpoint a driver’s BAC, helping the police and prosecutors enforce laws to stop people from drinking and driving.

How Does Marijuana Affect A Driver?

Today, there are technological limitations in determining how much drug use it takes to impair someone’s ability to drive. Using common sense, we can safely assume that even a small amount of marijuana use can have frightful effects on someone’s capacity to operate a vehicle safely. Some facts we know:

* Marijuana can negatively impact a driver’s ability to focus
* Marijuana has shown to warp a driver’s discernment of speed and sense of time
* Studies have shown that when alcohol and marijuana use is combined, impairment can increase considerably
* These same studies also reveal that many drivers who have been drinking all too often have marijuana in their system as well.

Driving High Compared to Driving Drunk

When someone is driving drunk they generally exhibit dangerous behaviors including repeated lane changes, driving way too fast for the road, swerving or unnecessary stopping. Alcohol decreases a person’s inhibitions and can make them more aggressive.

The effects of marijuana usage are somewhat different. People who use marijuana have a tendency to show signs of paranoia and this makes them more careful in their driving. Since their concept of time is distorted, making time seem to pass more slowly, these persons tend to be overly cautious while driving.

Even though alcohol and marijuana use have different effects on a driver, the results are equally dangerous. In a recent study, researchers put people who had recently smoked marijuana behind the wheel to test their driving abilities. The tests showed that although these people drove more slowly, they were still susceptible to possibly fatal accidents due to apparent delusions and loss of memory.

Recently, 150 drivers who were arrested for reckless driving in Memphis, TN, were tested for drugs at the scene. A full one-third tested positive for marijuana.

While the research is not nearly as vast as the studies that involve alcohol and driving, all states have passed laws that make driving under the influence of drugs as serious as driving while intoxicated.

It is obvious that marijuana negatively affects skills needed for safe driving: reaction time, alertness, muscle coordination and the capacity to concentrate on a task. These effects can last up to 24 hours after use. It is a good idea to not use marijuana at all, but if you do, do not combine it with driving; it is a dangerous activity that puts everyone at risk.

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You were visiting family in another state or maybe you were on a vacation and you were pulled over by police and charged with DUI. If you plead guilty or are convicted of DUI in that state, you will lose your license to drive in that state.

Well, what happens to your license in your home state? The Interstate Driver’s License Compact is an agreement between the 45 member states to trade information concerning specific traffic violations and crimes including DUI and vehicular manslaughter.

What is the Interstate Driver’s License Compact?

The Driver’s License Compact was created in 1961 and Nevada was the first state to become a member. Twenty-seven states joined in the sixties and the rest joined sporadically until Kentucky was the last state to join in 1996. The District of Colombia is also a member of the Compact. The five states that are not members are: Georgia, Massachusetts, Michigan, Tennessee and Wisconsin.

The Driver’s License Compact will soon be replaced by the Driver’s License Agreement. There are three states who are members of the DLA: Connecticut, Arkansas and Massachusetts. The DLA incorporates more traffic violations (including minor ones) and enforces tougher fines and penalties against drivers that commit violations that fall under the DLA.

For example, someone driving through a DLA member state gets stopped by police for their windows having illegally dark tint. Even though their window tint is legal in their home state, they will still face fines and penalties from the state where the violation took place and will be forced to remove the tint from their windows when the driver goes back to their home state even though the driver has left the state where the violation took place.

How does the Driver’s License Compact work?

If you are arrested, charged and convicted for DUI in the state of Florida but you reside in Texas, the state of Florida will notify the state of Texas of your DUI offense, and Texas will treat the DUI conviction as if it took place in the state of Texas.

At the beginning of the Compact, only serious offenses such as DUI offenses were shared; now, minor violations are communicated back to your home state. So, if you are given a citation for speeding in Florida, the violation and points could be charged to your Texas driver’s license.

Not every driving violation will convey back to the driver’s home state. For example, a careless driving charge in one state may not convey to the driver’s home state if that state does not have a law or statute for the same offense. Therefore, the driver’s home state will take no action.

Driver’s Compact and DUI License Suspension Guidelines

After a DUI, the length of your license suspension will depend on your home state and the state of your conviction. If your home state’s DUI penalties declare that your license should be suspended for one year, but the state where you were convicted of the DUI requires an 18 month suspension, pursuant to the Interstate Compact, your home state will likely honor the 18 month suspension.

When you find yourself in this situation, you will receive a letter from your state detailing your rights to appeal and the procedures to follow.

Don’t think that a DUI in another state cannot follow you home. If you are convicted of a DUI in one state, it will affect your ability to drive in your home state as well.

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Depending upon which state you live in, once you are convicted of a DUI, you could be ‘out of luck’ when it comes to clearing your driving record of your DUI charge. Many states do not allow a DUI conviction to be expunged. However, California does offer you a chance to clear your record through a process known as post-conviction relief.

California Law and DUI Expungements

The California legislature has passed new laws that adjust the way DUI expungements are handled in the court system. In the past, you could get a DUI conviction expunged by completing sentence requirements and then petitioning the court. Now, you must undergo a formal hearing to resolve whether or not your DUI conviction can be expunged. It is up to the judge to decide if you will be able to have your record cleared of the DUI conviction.

Am I Eligible for Post-Conviction Relief?

California criminal offenses are classified as a felony, misdemeanor or a ‘wobbler’, which are offenses that can be brought to court as either a misdemeanor or a felony. Your eligibility to receive post-conviction relief rests on your DUI charge and the sentence you received.

You are not likely to achieve post-conviction relief if you are still on probation. However, a California DUI attorney could file a formal request to the same court you were convicted in to terminate your probation early to make you eligible.

In making its decision, the court will look at your conduct since your DUI conviction. Have you held consistent employment? Have you completed all DUI sentence requirements? Did you pay all DUI fines and/or restitution? Would justice be served by an early termination of your DUI probation?

Reduction of DWI Charges

The only felonies that are eligible for diminution are “wobblers.” Once your probation is over, your DUI attorney can file a petition with the court to reduce your felony to a misdemeanor. If the court grants the petition, your DUI felony conviction becomes a misdemeanor unless you are charged with a similar crime in the future. If you are found guilty, it will be as if the first felony was never reduced and your punishment will be greater. Also, your rights to own firearms are restricted.

DUI Expungement

Expungement of your DUI is another alternative that is available in California. You can expunge both misdemeanors and felonies, but only certain convictions are eligible. Was the initial crime committed by an adult or a juvenile? Was the conviction for a felony or a misdemeanor? Was probation offered? Was a stretch in state prison part of the sentence?

There are several benefits to having a DUI conviction expunged from your record. It can open doors to new employment, remove barriers to acquiring professional licenses and housing, not to mention give you peace of mind.

If you are seeking post-conviction relief for a DUI in California, you should consult with a attorney who has familiarity with the process. He can review your case and determine whether a DUI expungement or reduction of charges is possible and should be pursued.

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Most people know that .08% blood alcohol concentration (BAC) is the legal limit for Driving While Intoxicated. It is important to remember that Driving Under the Influence does not just include alcohol or illegal drugs.

You could be arrested for a DUI if you took an over-the-counter medication and exhibit signs of impairment while on the road. What are signs that a driver may be impaired?

* Wide radius turn
* Driving down center of road
* Almost hitting another automobile or object
* Weaving
* Driving off of the road/ driving on sidewalk
* Driving too slow or too fast for the road
* Coming to a stop on the road for no reason
* Following another vehicle too closely
* Drifting
* Pumping brakes erratically
* Driving into oncoming traffic lanes
* Delayed response to traffic signs and signals
* Abrupt turns that are legal or illegal
* Speeding up or slowing down rapidly
* Driving with headlights off

Any of these driving actions may give an officer the legal right to stop you. As the police officer conducts the traffic stop, he will be looking for certain indications that you have been drinking or you are under the influence of some kind of drug.

What signs do police look for when they pull you over?

The most common behavior or outward appearance of someone who is under the influence is the odor of alcohol on their breath, bloodshot and/or watery eyes, and slurred speech. These are commonly referred to as the ‘big 3’ by police officers. Their own reports ask them to list their observations in those specific areas.

The typical symptoms of intoxication that police officers are trained to look for are:

* Flushed face
* Smell of alcohol on breath or in vehicle
* Bloodshot eyes and/or watery, glassy eyes
* Slurring words
* Mishandling wallet while trying to get license out
* Unsteady while getting out of the car
* Cannot understand simple questions or commands by police officer
* Unstable/swaying while standing
* Inappropriate attitude while talking with police (argumentative, belligerent, or jolly/cheery)
* Dirty, disheveled, or rumpled clothing and/or appearance
* Incomprehension of time or location
* Failure to follow directions

If I am stopped by police, what should I do?

You should always behave respectfully with police officers. If you feel like you may be at risk for a DUI, politely offer the officer your license, registration and proof of vehicle insurance, then tell the officer that you would like to speak with a DUI attorney. Do not answer any other questions, admit to anything, or take the field sobriety tests.

Contrary to what the officer may tell you, you have the right to protect yourself against incriminating statements by staying quiet. Many times, police get all the information they need to arrest and charge someone with DUI by using their own statements against them. Driving while under the influence of drugs or alcohol is always a bad idea, but if you find yourself pulled over by police, there are ways to protect yourself.

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You have been arrested for DUI. At first, you just wanted to put the experience behind you as quickly as possible. Pleading guilty to a DUI to get the DUI arrest and conviction behind you sounds appealing, but is it the best choice?

Every DUI arrest and surrounding elements are unique. Your individual situation may qualify you to have your DUI reduced to Reckless Driving, but the outcome is not guaranteed.

Advantages of Getting DUI Reduced to Reckless Driving

* A DUI conviction, in some states, could stay on your record for life. A Reckless Driving conviction does not carry the same social stigma as a DUI.

* A Reckless Driving conviction probably carries lower fines, but similar penalties as a DUI.

* Your insurance company may cancel your coverage if you get a DUI. One thing is certain: your rates will skyrocket with a DUI on your driving record.

* If your job requires you to drive, a DUI conviction may cause your employer to terminate you.

* A future employer may view you as a liability risk if they see the DUI on your record.

* If you were to get your current DUI reduced, and you were arrested again for a DUI in the future, then you would be treated as a first-time DUI offender.

Why Would the Prosecutor Reduce my DUI?

It is a common misconception that the judge is the one who has the power to reduce a DUI charge. In reality, only the prosecutor has the ability to modify the DUI charge.

If you are successful in getting your DUI reduced, your fines may be less, but you will face many of the same penalties. In other words, you may still be required to go to DUI School, take part in an alcohol evaluation program, and/or complete community service.

The prosecutor benefits from the deal because he averts an acquittal if the weak DUI case had gone on to trial. So, you avoid the DUI conviction, but you still get the valuable lessons on the dangers of drinking and driving and help with potential addiction issues, and the prosecutor can close the DUI case.

Can my DUI charge be reduced?

Every DUI arrest is unique. Contact a DUI attorney to review your DUI case.

* Did the police stop you because your driving indicated that you were impaired?

* Was the traffic stop lawful?

* Were any open containers of alcohol found in your automobile?

* Were you involved in an accident with injuries?

* They will request the police video of your field sobriety tests. Did you appear impaired?

* How did the police administer the breath, blood, or urine test?

* Did you refuse the chemical test?

* What was your BAC (blood alcohol concentration)?

* How much time elapsed between the DUI stop and the administration of the BAC test?

* Did you conduct yourself appropriately with law enforcement?

Many factors play a part in deciding if your DUI case is a good candidate for reduction. The only way to know for sure is to consult with a DUI attorney in your area.

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You wake up and realize that you weren’t having a nightmare, you were arrested for DUI last night. The police gave you a lot of papers and sent you home…now what? The shock is wearing off and now you realize that you need to make some decisions relating to where to go from here. Should I plead guilty or not guilty to the DUI charge? Should I hire a DUI attorney? What will happen next?

What is the first thing I should do after a DUI Arrest?

After a DUI you should immediately write down what happened while your memory is fresh. Start before you began drinking. Where were you? Who were you with? Did you eat? Do you have receipts for drinks? Write down everything before, during and after your DUI arrest. This information will certainly help your DUI attorney.

Your Arraignment for your DUI Charge

At your DUI arraignment hearing, you will have to plead guilty or not guilty to the DUI charge. If you want a DUI lawyer to represent you, but you cannot afford one, the court will appoint one for you.

At your DUI arraignment you will be asked to make a plea to the charge. Don’t worry…you can change your not guilty plea to guilty or no contest at a later time.

In most states, you can ask for a jury trial or decide, at a later time, to drop the request for a jury and argue your DUI case before a judge. It is usually better to argue your DUI case in front of a jury rather than an experienced and possibly skeptical judge who has seen hundreds of DUI trials.

Should you fight the DUI or plea bargain?

Usually, the weaker your DUI case, the more you should want to seek a plea bargain. In most cases, your chances of winning at trial is directly related to your BAC or blood alcohol concentration level. The higher the BAC, the lower your chances of winning at trial. If your BAC was tested between .08 and .11%, your chances of a not guilty verdict are somewhat better.

Your DUI attorney will have to convince the jury of the unreliability of the BAC test that was used and that you were not impaired at the time of the DUI arrest. He can do this by offering testimony from someone who was with you or talking to you around the time you were arrested.

A plea bargain is a compromise agreed on by your DUI attorney and the prosecutor. You will plead guilty in return for a reduced DUI charge, monetary penalty, or shorter jail term. The prosecutor is able to obtain a DUI conviction without risking a jury trial and possible acquittal, not to mention the money saved by the state.

Plea bargains in DUI cases are not as common as they used to be. In some areas, tougher DUI state laws tie prosecutor’s hands and prevent them from plea bargaining certain DUI cases.

Should I Hire a DUI attorney?

Whether you decide to plead not guilty and go to trial or plea bargain your DUI case, it is always the best idea to hire a DUI attorney. He has probably represented hundreds of clients charged with DUI and understands how to use his knowledge of police procedures and the court system to get the best outcome for you. Choose a DUI attorney who is well-versed in the law, communicates well, and can balance his negotiation skills with his ability to aggressively argue on your behalf.

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First steps after a DUI Arrest

DUI attorneys attend school for many years and know the court system and its procedures. They are as familiar with DUI field sobriety and blood alcohol concentration (BAC) tests and they know their inherent weaknesses.

If you are arrested for a DUI, contact a DUI lawyer in your area who can offer you solid legal advice regarding your situation. Most DUI lawyers offer a free consultation and this meeting can help you understand the advantage hiring a capable DUI lawyer.

Be careful to avoid the attorney who meets with you briefly and guarantees a certain outcome. No lawyer can ascertain the totality of your DUI case until he has carefully reviewed all of the facts about your DUI arrest.

Does pleading ‘not guilty’ after a DUI make things worse?

Some people who have been arrested for DUI worry that if they fight the DUI charge, it will only make their situation worse by delaying the inevitable. However, this is how the justice system works; its fidelity is strengthened when people challenge it.

A DUI attorney will scrutinize the procedures used by law enforcement when they pulled you over, how the field sobriety and BAC tests were administered, and other factors. More often than not, there are weaknesses in the state’s DUI case against you that a skillful DUI attorney can recognize.

Even if you are convicted of a DUI, having an attorney can often minimize the sentence because he will know how to operate within the system to lessen the DUI penalties. There could also be alternatives (sober house, substance abuse program, etc.) which can be negotiated with the prosecution.

The potential impact of a DUI conviction on a person’s record grows each year as state legislatures pass tougher DUI laws in response to public pressure. A DUI conviction may, in some states, stays on your record for life.

Fighting a DUI could cost you more money, more time, and more hassle; the extra aggravation would be worth it if you walk out of the courthouse with a not guilty verdict and a clean record.

If you decide to plead not guilty, a DUI attorney can make sure that your rights are protected and that you are aware of what is happening during every part of the court process.

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Almost two million people are arrested for DUI every year and the majority of these people want to put it behind them as quickly as they can. They could plead guilty and accept the DUI penalties handed down by the judge. While each case is different and some are more winnable than others, many people who are faced with a DUI have the opportunity to argue the DUI charge and possibly end up with a reduced DUI charge and greatly diminished DUI penalties.

Fighting a DUI Charge

Most people who are arrested and charged with DUI are not aware that certain procedures must be followed by police officers when they are making a DUI arrest. You can always choose to represent yourself in court, but hiring an experienced DUI attorney will dramatically increase your chances of winning your DUI case.

* For you to be convicted of a DUI the law enforcement officer may have to prove that you were physically operating the vehicle, but in some states you can be convicted of a DUI if you had the intent to “operate” the motor vehicle.

* The police officer must also show that he had a viable reason to pull you over. The officer must provide this proof or the charges against you should be dropped because your constitutional rights that shield you from ‘unreasonable search’ have been violated.

* Police officers and the State must establish that there was probable cause in your DUI arrest. Attorneys for the prosecution must show that your driving ability was sufficiently impaired due to alcohol and/or drugs you had ingested. Most police officers use field sobriety tests to satisfy this burden. There are huge problems with these tests that even a novice DUI attorney may be able to prove.

* Finally, police will test either your breath, blood or urine for the presence of drugs or alcohol. These chemical tests also present problems. They must prove a ‘chain of custody’ with your sample and any missing link in that chain could greatly help your DUI case. There are other weaknesses in these BAC tests that your DUI attorney could point out to a jury.

Hiring a DUI Lawyer

Most people believe that conviction following their DUI charge is inevitable. As the information above points out, there are many possible areas of weakness that you and your DUI attorney can examine as it relates to your specific situation. With the help of a skilled DUI lawyer, you may be able to get your DUI charges reduced and/or DUI penalties decreased to community service or an alcohol education course.

It is also possible to plea bargain for a different way to deal with the charge such as mandated alcohol treatment programs or time at a sober house. An experienced DUI attorney will be able to work with you to bring about the best possible result for you so you can put this DUI arrest behind you and move on with your life.

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Any New Hampshire driver who drives or operates a motorized vehicle in the state of New Hampshire has given their implied consent to submit to a chemical test if they are arrested for a New Hampshire DUI. Chemical testing can include a test of the driver’s blood, breath or urine and may be administered by a law enforcement officer.

Prior to the chemical test the officer should notify the driver of their right to additional DUI testing and the consequences of a refusal to submit to the test. If the driver refuses to submit to the chemical testing this information can be used as admissible evidence in the New Hampshire driver’s DUI case.

What if the driver is either unconscious or unable to refuse the test? According to New Hampshire state law they are “deemed to not have withdrawn consent to chemical testing.”

Refusing a New Hampshire Chemical Test after a DUI Arrest

Drivers who refuse the chemical test will not be forced to take the chemical test but their license will be suspended. See below for more information.

First DUI Offense refusal

The driver may have their license suspended automatically for 180 days. If the driver was a commercial driver their license is automatically suspended for one year.

Refusal with prior DWI Conviction or Refusal

The driver may have their license suspended for 2 years. If the driver was a commercial driver their license is automatically suspended for 10 years.

Administrative License Suspension Process

After the chemical test refusal, the officer will serve notice of the suspension to the driver. The suspension will take effect 30 days from the date of the arrest. The driver will have their license confiscated by the police officer and it will be sent, with the DUI arrest report, to the department.

The driver should be issued a temporary license permit which will allow them to drive for 30 days.

Challenging the Administrative License Suspension

So can a driver challenge the Administrative License Suspension? Yes, the driver can request an administrative hearing to fight the license suspension. All requests for hearings must be done in writing within 30 days from the date of the notice of suspension. The letter for the hearing should detail why the suspension should be revoked. If the driver fails to make the hearing request in time, they lose their right to challenge the suspension.

If the administrative hearing is granted the hearing is generally held within 20 days after the request filing. Drivers may indicate whether or not they would like for the arresting officer to be present. If the officer is required to attend the hearing but does not appear, without good cause, the case may be dismissed and the order rescinded. Drivers must appear at the hearing or their license will be automatically suspended, without consideration.

What is the court considering in a New Hampshire Administrative License Suspension?

The issues the court will consider are limited to the following issues:

(a) Whether the officer had reasonable grounds to believe the arrested person had been driving, attempting to drive, or was in actual physical control of a vehicle, boat, or OHRV while under the influence of intoxicating liquor, narcotics, or drugs;

(b) The facts upon which the reasonable grounds to believe such are based;

(c) Whether the person had been arrested;

(d) Whether the person has refused to submit to the test upon the request of the law enforcement officer or whether a properly administered test or tests disclosed an alcohol concentration of 0.08 or more (or 0.02 or more if under 21);

(e) Whether the officer informed the arrested person of his or her right to have a similar test or tests conducted by a person of his or her own choosing; and

(f) Whether the officer informed the arrested person of the fact that refusal to permit the test would result in suspension of his or her license or driving privilege and that testing above the alcohol concentration level would also result in suspension.

Following the hearing the examiner will issue their recommendation for whether the driver’s license should be suspended or not. The recommendation is considering binding unless the driver files an appeal within 10 days. If an appeal is made by either the driver or law enforcement a review will done by a director who will make their determination within 10 days which will either grant a new hearing or affirm the previous ruling by the examiner.

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