Tag Archives: DUI penalties

Drunk Driving Plea Bargains

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Can I get a Plea Bargain for my Drunk Driving Arrest?

 

If you have been charged with drunk driving you may have considered a plea bargain. A plea bargain is offered by the prosecuting attorney.

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What benefit is there for the prosecution? The state gets a conviction and they get to avoid the high cost of prosecuting the case. The state can also eliminate hundreds of criminal DUI trials that can clog up the court system costing millions of dollars in court costs.

There also may be benefits for you, especially if the prosecution has a strong case. In many states the state may be willing to lower the drunk driving charge to a reckless driving charge. If not, you might have the benefit of avoiding the risk of taking a DUI case to trial.

How do I know if a plea bargain is available for my DUI case?

 

The first thing to do after a drunk driving arrest is to talk to a DUI lawyer. It is seldom a wise choice to negotiate your own DUI plea bargain agreement with the prosecution without first seeking legal counsel. In some cases the prosecution may have a very weak case and you might have a high chance of beating the DUI charges if you go to trial.

DUI lawyers will also know what your options are in your state. Some states have rules that outline when the prosecution can offer a plea bargain, other states do not. Some states also allow judges to accept or reject plea bargains.

Is taking a plea bargain a good idea in my DUI case?

 

Unfortunately, depending on your state, a plea bargain may not be allowed. In some states there are mandatory, minimum punishments and penalties for DUI offenses. Additionally, if you have aggravating or enhanced factors in your DUI arrest the state may not allow a plea bargain.

When is a plea agreement potentially a good idea- if the state has a strong case against you. For instance, if you have a chemical test that is much higher than the illegal limit of 0.08% it may be hard to convince a court that you were not intoxicated.

When is a plea agreement potentially not a good idea? If the chemical test was below 0.08% and the prosecution does not have any other good evidence that you were intoxicated or were unable to safely operate your car. In this case you may have a strong case of winning your DUI case, and a plea bargain may not be necessary.

How do I negotiate my plea bargain after my drunk driving arrest?

 

As mentioned above, the first step is to talk to a DUI lawyer. Generally, the prosecution will send the plea offer to your defense attorney when they submit the DUI police report.

Is the first plea offer the best offer? Not necessarily and that is why it is good to talk to a DUI lawyer. If you are working with a DUI lawyer who is familiar with the prosecuting attorney’s offices and policies in your city or jurisdiction they will know the plea bargain guidelines used by the prosecution and can ensure you get a fair offer.

Although some prosecutors have strict guidelines and will not negotiate, some will. DUI lawyers can work with you and the prosecuting attorney to make sure you get the best possible plea bargain available.

Great DUI lawyers will also have a good reputation and track record for winning DUI cases. If there is a lack of evidence in your case they may be able to use this to their advantage to secure an agreement.

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Drunk Driving in Texas and Commercial Driver’s License Penalties

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If you are a commercial driver your license is very important to maintaining your livelihood, maintaining employment and supporting your family. What you may not realize is the state of Texas substantially increased the penalties for drunk driving with a commercial driver’s license beginning in June of 2005.

After June 1, 2005, Texas laws were updated to comply with the Federal Motor Carrier Improvement Act. After this date, Texas drivers who are arrested for their first drunk driving charge, even if they are driving in a non-commercial vehicle, can expect to lose their CDL license for a minimum of one year.

Drivers who are arrested a second time for drunk driving in Texas will lose their CDL license for life, although the laws allow the driver to reapply after 10 years.

What if you are arrested for drunk driving in another state? Do not assume your Texas commercial driver’s license is safe. Most states have an agreement with Texas that they will report all DUI convictions to the state of Texas and you will have your CDL suspended.

Drunk Driving with a Commercial Driver’s License in Texas

 

Many drivers know that it is illegal to drive with a blood alcohol content of 0.08% or higher, but what if you are driving a commercial vehicle? Drivers who are driving a commercial motor vehicle can be arrested for drunk driving (operating a motorized vehicle under the influence of alcohol or drugs) in the state of Texas if their blood alcohol content is 0.04% or higher.

Conditions that you can lose your CDL License for one year

 

  • Convicted of operating a commercial vehicle under the influence of alcohol or narcotics
  • Refusing to submit to a blood alcohol content test
  • The blood alcohol content test determines the driver had an alcohol level of 0.04% or higher
  • The drivers blood alcohol content level was 0.08% or higher while operating a noncommercial motorized vehicle

 

If the driver is transporting a hazardous material when they are arrested for drunk driving the penalties will be for 3 years, instead of one (for first time DWI arrests).

Reinstating Commercial Driver’s License after Drunk Driving Conviction

 

Texas drivers may be able to reinstate their commercial driver’s license after the required suspension period. Contact the Texas Department of Public Safety for more information.

According to the Texas DPS Office, drivers must pay their reinstatement fees and review the reinstating license eligibility application for more information. Compliance documents (without fees) should be mailed, faxed, or e-mailed to:

Texas Department of Public Safety

 

Enforcement and Compliance Services
P.O. Box 4087
Austin TX 78773-0320

Fax: (512) 424-2848

E-mail: driver.improvement@dps.texas.gov. E-mailed documents must be in PDF format.

If mailing reinstatement documents, please allow 14 business days from receipt for processing. Please include a copy of the suspension notice along with your full name, date of birth, and driver license number.

If you cannot pay your fees online, compliance documents with fees should be mailed to:

Texas Department of Public Safety

 

Central Cash Receiving
P.O. Box 15999
Austin TX 78761-5999

Please submit a check or money order only. We do not accept cash. Make the check or money order payable to Texas DPS and include a copy of the suspension notice along with your full name, date of birth, and driver license number.

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Five Mistakes People Make After Their DUI Arrest

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Mistake #1 – Not hiring a DUI attorney

DUI laws are complex, so are the procedures and court processes. Depending on your state, you could have to be prepared for two hearings: your criminal case in court and your license revocation hearing at the DMV.

DUI attorneys are experienced in handling hundreds to thousands of cases and they know the right questions to ask to take advantage of weaknesses in the Prosecution’s case. They will know all of the procedures that the police are required to follow and can negotiate with the Prosecutor to possibly get your charge reduced or dismissed.

You could be facing possible jail time, thousands of dollars in DUI fines, and untold hours of DUI School and/or Community Service. A DUI attorney knows what to do to minimize DWI penalties and help you fight your DWI charge.

Mistake #2 – Not taking the DUI seriously enough

A DUI conviction is not a situation where you pay a fine and put the matter behind you. A DUI conviction will follow you the rest of your life and could affect current and future employment, insurance rates, and your ability to drive legally in your state.

The DMV will keep the DUI conviction on your driving record for the rest of your life. You are facing thousands of dollars in increased auto insurance rates, not to mention possible jail and probation.

Mistake #3 – Assuming you cannot win your DUI case

Most people think they do not have a chance to beat their DUI charge at trial. Maybe they failed the breath test, or there was an open can of beer in their car and they think nobody will believe them.

The case against you may not be as strong as you think. Your DUI attorney knows the guidelines that police are required to follow when they stop you, when they administer field sobriety tests, and most importantly, when they oversee your chemical tests.

Did you know that there are many factors that can skew the breath test results? Did you know that the portable breath test devices used by police are notoriously unreliable? A simple fever can produce a ‘false high’ result. Your DUI attorney can raise serious questions about your breath test result in court.

Mistake # 4 – Not fighting the revocation of your license

Every state has different procedures that govern what happens to your license after a DUI arrest. Many of them have a short window for you to file the proper paperwork to contest your license suspension. If you do not petition for a hearing, you will automatically lose your license. Your DUI attorney can help you with the process in your state.

Mistake # 5 – Taking the Prosecutor’s first offer so you can ‘put the matter behind you’

Negotiating a quick plea bargain with the Prosecutor may not be best; it is simply the fastest way to get rid of your DUI case with the least amount of work. If you accept a plea at this stage, you are admitting guilt and opening the door to all of the DUI penalties and DUI fees of the DUI conviction. You lose the opportunity to let the judge rule on constitutional challenges and you don’t force the State to prove its DUI case against you.

These are only five of the most common mistakes made by normal people who find themselves charged with a DUI. Most of the more harmful mistakes can be avoided by hiring an experienced DUI attorney in your area.

When Is It Worth It To Fight My DUI?

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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

What Happens To My License If I Get A DUI In Another State?

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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.

Charged With DUI: Now What?

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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.

DUI Penalties and Consequences

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The consequences of a DUI can impact your life greatly in the short-term and the long-term. Tougher DUI laws in many states have reflected the public’s outrage at the irresponsibility of some drivers who repeatedly endanger innocent citizens.

History of DUI Laws

Over the past twenty-five years, the states have passed numerous DUI laws to try and reverse the disproportionate number of alcohol-related deaths. The legal age for drinking is now 21 in every state, and each state has also made .08 the standardized blood alcohol concentration limit.

Groups like Mothers Against Drunk Drivers (MADD) have lobbied legislatures to toughen their DUI laws. They have been successful in getting hundreds of new, harsher DUI laws passed since the early 1980s.

Two-thirds of the states have passed DUI laws that give the arresting police officer the authority to seize the license of a driver who fails or declines to take a breath test. All states have passed some sort of Zero Tolerance law that makes it illegal for any driver under the age of 21 to have any measurable amount of alcohol in their blood.

Additionally, many state legislatures have gotten much tougher on repeat DUI offenders requiring mandatory jail for a driver with multiple DUI convictions. Fines associated with a DUI arrest and the length of time of a DUI license suspension has also increased. Hardship licenses to allow DUI offenders to get back and forth from work have become harder to obtain.

Repeat DUI Offenders

Although DUI laws differ by state, repeat DUI offenders can expect certain outcomes. In most cases, the DUI penalties the judge hands down are mandated by state law. Even some first-time DWI offenders may face extended DUI license suspensions and jail time.

Many states have passed Habitual Violator laws which allow for harsher DUI penalties for someone convicted of three or more DUIs. These DUI offenders may lose their right to vote or to carry and own a gun. Some may lose their driver’s license for an extended period of time or even permanently.

States are requiring repeat DUI offenders to complete an education and DUI evaluation program. This class is more than just sitting and listening to someone lecture them on the evils of drinking and driving. The offender must first sit down with a professional counselor and go through an evaluation interview to determine what steps the driver must complete to get their license back. Then, they are asked a series of questions to establish the extent of their drinking problem.

Many states give certified counselor the power to require that the offender attend AA meetings or a medical treatment or counseling program. The DUI offender will not get their license back until they satisfy all the conditions detailed by the counselor. When they get their license back they may be required to carry SR22 insurance which costs more than regular insurance.

In addition to the DUI fines and legal fees associated with a DUI conviction, the justice system can hold drunk drivers legally responsible for hurting or killing other drivers.

When you choose to drink and drive, others are put at risk. Having a BAC of just .10 puts you at a seven times higher risk of causing a DUI accident that kills someone. This reality is not worth the risk; find a sober driver and save your finances, time, conscience and possibly someone’s life.

Should I Hire A DUI Attorney?

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Some legal issues can be handled without legal representation. A DUI arrest is not one of them. The average DUI attorney handles 300 cases per year and uses the experience from these case to help you minimize the consequences of your DUI arrest.

Can I Represent Myself after a DUI Arrest?

The decision to hire or not to hire a DUI attorney has nothing to do with your level of intelligence; it is simply a matter of experience and expertise. A lawyer goes to school for a number of years and chooses a specific field of law. Their knowledge of law is then coupled with experience once they begin representing clients.

DUI lawyers understand how a courtroom operates, the documents needed and how to maneuver through the court processes as quickly as possible. Your DUI lawyer is your representative and works for you.

Things You May Not Know About Your DUI Arrest

DUI penalties can be serious and long-lasting. An experienced DUI attorney will take a look at your DUI arrest and the way the police handled the evidence. Were the field sobriety tests and breathalyzer administered properly? Was your blood alcohol concentration determined correctly? A good DUI attorney can take advantage of mistakes made by police to have your DUI charges reduced or dropped.

Things to Consider before hiring a DUI Lawyer

Multiple DUI arrests

You should definitely hire a DUI attorney if you have multiple DUI convictions; if your DUI accident injured or killed another person; if you are a professional driver who must keep your license for your job; or if you are facing time in jail or a large fine.

Second DUI Arrest

You should take a hard look at hiring a DUI attorney if this is your second arrest for DUI or if your BAC was double your state’s legal limit.

First DUI Arrest

You should hire a DUI lawyer if you are unsure of your rights, unaware of your state’s laws, or uncertain of how to proceed after a DUI arrest. Drivers who could lose their professional license from a DUI conviction should also talk to a DUI lawyer.

Keep in mind that a qualified DUI attorney can help you sort out the specifics of your DUI case. Your DUI attorney can take you step by step through the court process and help you get the best possible outcome. DUI lawyers generally offer a free consultation to review your DUI case.

What are the DUI penalties if I am convicted of a DUI?

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State legislatures have been under increasing pressure to punish drivers who are arrested for DUI or driving under the influence of drugs and alcohol. State DUI laws vary, and if you have been arrested for a DUI, it is important to contact a DUI lawyer who is familiar with the DUI laws of your state.

DUI Penalties

DUI convictions may result in any of the following:

  • Fines – All states charge fines for DUI convictions. The DUI fines for a first time DUI conviction can be as high as $2,000 in some states.
  • Jail terms – Most states require confinement in jail. Although in some states, such as Texas, the confinement may be for as little as 72 hours and no more than 6 months.
  • Community Service – Many states require the DUI offender to perform community service. Often the amount of community service is at the discretion of the court.
  • Probation – Most courts require probation. The time varies by state but generally is from one to two years. Most DUI offenders will be required to complete the following while they are under probation.
  • Drug and Alcohol evaluation program – DUI offenders generally have to complete some type of evaluation program which will determine how likely they are to commit a DUI in the future and to educate them on the dangers of drug and alcohol abuse. If, through the evaluation, it is determined that the DUI offender has additional issues with alcohol addiction, the terms of the probation may be updated.
  • Attend and complete a DUI Education course – Most states require DUI offenders to complete an alcohol education class. In Texas, for instance, drivers must take the class within 180 days from the date of the DUI conviction. If the driver meets this requirement they may be able to avoid the one year drivers’ license suspension.
  • Attend a Victim Impact Panel – Not all states have this requirement, but many do. The goal of the Victim Impact Panel is to educate the DUI offender on the dangers of driving under the influence of drugs or alcohol.

DUI offenders will be given an Order Granting Probation from the DUI court. It is important to follow the specific requirements outlined in the order, which are unique to the offender’s DUI case.

Additional DUI Penalties

What if a DUI offender has an aggravated DUI charge: they were arrested with a minor in the car, they caused injury or death, or they have prior DUI arrests? Although the following information is only a general list of some of the DUI penalties which are assessed, many states have similar DUI penalties for aggravated DUI convictions.

  • Mandatory installation of an Ignition Interlock Device – Many DUI offenders who have been arrested for DUI may be required to install this device on their car. The Ignition Interlock Device requires the driver to provide a sample breath which is analyzed prior to driving.
  • Alcohol Treatment Program – There are a variety of alcohol treatment programs which may be offered through the state’s probation department. Multiple DUI offenders may also be required to participate in outpatient programs.
  • Restitution to the victims of DUI accidents – DUI offenders who have caused injury or death may be required to provide additional restitution to injured parties, especially if the driver’s insurance policy does not cover all of the damages from the DUI accident.
  • Zero consumption of alcoholic beverages – Some DUI offenders may be required to abstain from consuming any alcohol. This will be enforced through random or periodic urinalysis. Certain states, as a condition of the DUI offender’s probation, may not be able to go to a bar or tavern where alcoholic beverages are consumed or sold.
  • Enhanced DUI Penalties – All states have what are termed “look back” laws which are the number of years that the court will look back to decide if a DUI conviction is the first, second or third for the DUI offender. For instance, Texas has a 10 year look back law. If a DUI offender has been convicted of a previous DUI within 10 years from the current DUI arrest, the current DUI is considered the driver’s second, not first, DUI.

Drivers who are charged with multiple DUI convictions, in many states, may have their DUI penalties enhanced. Keep in mind many states also have agreement with other states that they will share information about DUI arrests. For instance, if you are a resident in the state of Texas but you get a DUI in another state, if your current DUI occurred less than 10 years from the previous DUI conviction (in the other state), you could be charged with a second DUI.

Hiring a DUI Lawyer

For more information about your DUI case, 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. You can also visit our website at http://www.duiattorneyhome.com. For immediate assistance, call our 24/7 DUI Help Line at 1- 866-228-3201.

What is DUI?

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The acronym DUI stands for “driving under the influence” of alcohol or drugs, but the actual definition can vary from state to state. Did you know that “driving” in some states may actually include sitting in a parked car in a parking lot or driveway? Some drivers have been arrested in a parking lot, sleeping in the driver’s seat of their car.

So what does the state mean when they say “legally impaired” and do you have to consume alcohol to be considered impaired? No, you can be legally impaired, according to state laws, if you have taken any substance, including prescribed medication, which has limited your ability to safely operate your motorized vehicle. So when exactly can you be found guilty of DUI or driving under the influence?

When are you DUI?

1. You have consumed enough alcohol to register a blood alcohol concentration level (BAC) of 0.08% or higher using a blood, urine or breathing test.
2. You have been driving and the police determine that your driving ability has been impaired by either drugs or alcohol. Your BAC does not have to be at or above the illegal limit if the officer has evidence that your ability to see, hear, walk, talk or drive is not at a normal level and is unsafe for operating your motorized vehicle.

Keep in mind, in some states the police have the legal authority to force you to take a blood test to determine if you have been using drugs or drinking. Even if you have taken a legally prescribed dose of medication, you can be convicted if you are found to be impaired.

Field Sobriety Tests and DUI

One of the most common methods law enforcement officers use to test a driver’s impairment is the standardized field sobriety test (FST). The FST generally includes the following:

• One-leg stand – the driver must stand on one leg for approximately 30 seconds without losing their balance, falling or placing their foot back on the ground.
• Heel-to-toe test – the driver must walk a certain number of paces along either a real or imaginary line, counting a loud, turn and return along the same line. The person must complete the test without losing their balance, falling, or stopping.
• Horizontal Gaze Nystagmus Test – the HGN test measures the involuntary jerking in a driver’s eye as they track an object from side to side. A law enforcement officer generally uses a flashlight or small pen, guiding it approximately 12 inches from the driver’s face, to track the movement of the driver’s eyes. The early onset of nystagmus, or jerking of the eyeball, may be an indication that the driver has been drinking. There are, however, many reasons why a driver may have an unusual nystagmus that do not have anything to do with alcohol consumption.

Should you take the field sobriety test? It may be hard to know at the time unless you are familiar with your state’s laws. In some states you can refuse to take the field sobriety test without suffering any penalties. In other states a refusal of the FST test could be used against you in court. Keep in mind, if a police officer has additional evidence that you are DUI they can arrest you even if you refuse to take the field sobriety test.

DUI Penalties

DUI penalties and fines have dramatically increased over the last 10 years as groups such as MADD (Mothers Against Drunk Driving) and state legislatures have worked together to stop drunken driving.

DUI penalties also vary by state and it is important to talk to a DUI lawyer immediately following a DUI arrest to find out the DUI penalties you may face. Common DUI penalties include loss of a driver’s license for a specified amount of time, a fine, possible jail time, probation, community service, driver rehabilitation school, and substance abuse counseling.

If you have killed or injured another person or if this is your second, third or fourth DUI, the penalties you face will be even more severe.

The fact of the matter is that driving in every state is not a right; it is a privilege. The state institutes very specific laws and statutes which regulate legal driving actions and if you fail to follow these laws, the state has the right to revoke your license. The courts and police have wide discretion to enforce state driving laws.

Hiring a DUI Lawyer

If you are interest in contacting a lawyer, fill out the FREE case evaluation form and a DUI advocate will contact you to discuss the facts of your case. Visit our website at http://www.duiattorneyhome.com or call our 24/7 DUI Help Line at 1- 866-228-3201.