DUI Blog

Defending DUI charges can be effective in cases where the officer acted incorrectly, if you were not driving, and especially if the validity of the DUI tests (such as the breathalyzer) can be questioned. The problem is that many believe once they are charged, they are going to be found guilty in a court of law. You have a right to defend yourself in a court of law, with the help of an attorney, as said in the Miranda warning given to you upon arrest.

Why Defense?
Why not just take the charges and be done? Well, it can be easy to say you are guilty, that you deserve punishment. However, you still have rights, and you still have a chance in defense. At the least, the prosecution can offer you a plea bargain. You just don’t know what will happen until you DUI lawyer prepares a defense.

The Officer Arrest
You can challenge your arrest. Say you are an African American woman, you’re pulled over for no clear reason, given a breathalyzer, and arrested. You may have been profiled; it does not always happen that way, but it can. If an officer pulls you over for no clear reason, even if you are not a minority, and you are arrested, you can challenge the arrest. The strategy here would be to say the officer should have never pulled over and arrested you in the first place, throwing out any evidence after. This does happen.

Another point to consider is your Miranda warning, where you’re supposed to be told of your rights to an attorney and beyond. If this is not given, it is a breach of your rights and can be made into an effective defense, even if you were over the limit.

By law, an officer has to be able to prove why he pulled you over, that he or she followed protocol in investigating you, and upon arrest you were told of your rights. If not, you can fight this in a court of law.

The Test Validity
The breathalyzer is not a perfect device, just like no officer is perfect. Actually, the breathalyzer can  be used incorrectly by the officer who pulled you over. They have to  be capable of using it. The most damning test is the blood test, the most accurate. But if you are very close to the legal limit, this can put a question on the prosecution’s case.

Plea Bargains
Speaking of the prosecution, it’s important to remember you may be found guilty. Unfortunately, you may be over the limit for alcohol, used prescription drugs which effected your ability to drive, used illegal drugs, or were a minor in possession. However, this case is not over. Quite often the prosecution will offer a plea bargain. In order to lessen charges, you need a professional DUI lawyer.

Getting Help From a Lawyer
You have the option of defending yourself, having a court appointed lawyer, or hiring a professional lawyer. You need to hire your own DUI lawyer 99% of the time. A lawyer should be fair on prices, experienced in court with DUI cases, and be able to spend enough time helping your case.

DUI charges may seem to be penalized mainly via license suspensions and jail time, but don’t overlook the money you’ll have to pay to the courts in fines. These fines vary from $500 to $2,000 depending on the nature of the charges. Many states handle fines very differently however. Washington state, for example, has fines for a first DUI starting at over $800. That’s for only one DUI charge.

In other cases, you might pay $5,000 for your first DUI charge. Also, you can expect the penalties to increase with each. If you’re underage and driving … if you have multiple DUI charges … or if you hurt or killed someone while driving, the penalties can be extreme. You will also be forced to pay for other things, such as classes, hiring an attorney to help, and many other costs which add up.

Why fines?
Every day there are numerous DUI arrests. Every day, someone dies related to alcohol. Every day, someone is hit by another person drinking and driving. Recent studies have pointed out how over 10,000 people die as related to DUI cases every year. The number is happily in decline, but it’s one reasons DUI fines are high.

The First DUI Penalty
First DUI charges typically cost about $2,000. This is for a basic arrest where no one was hurt. If you hurt someone or had a very high blood alcohol content (BAC), you can expect larger fines. In this case, you’ll need to hire a lawyer. There simply is no way around it. And lawyers cost money.

How Lawyers Charge You
There are many experienced DUI lawyers who can help you lower fines, jail time, and license suspensions. That comes for a price. Many lawyers will charge you high fees just to take on your case. At the end, if you choose a bad lawyer or pick the first one you find, it can cost you thousands more. And an experienced DUI attorney gives you a chance to win the case–and get no fines, jail time, or suspension.

Aggravated DUI
An aggravated DUI is a very serious charge. It was mentioned if you hurt someone or have a very, very high BAC, the fines are more severe. In these cases, some states call it an aggravated DUI. You can also get an aggravated DUI for multiple drinking and driving offenses. If you have a BAC of .13, for  example, which is very high, you may be charged with it. If you hurt someone, or have multiple DUI violations, you can expect an aggravated DUI.

Other Penalties for DUI
Beyond just paying thousands of dollars in court fees and the time involved in taking classes, you have the potential for jail time and license suspension. For a first DUI violation, your license is typically suspended for a few months to a year. The more violations you get, the longer period you have with no license. If you hurt someone, or have multiple DUI violations, you can expect extended jail time, sometimes several years.

The Answer for DUI Charges
The best thing you can do is hire the right attorney from the start. You may have more options than you think. An experienced DUI attorney saves you time, money, and can lessen the charges or perhaps win the case for you.

Driving while intoxicated (DWI), a term used in many states as interchangeable with DUI and in some cases a different charge, is one of the biggest causes of deaths in the United States. Every year, thousands of people are killed in DWI cases. And not just drivers running off the road; you also hit other cars, pedestrians, and if you’re driving with family or friends in the car, they’re in danger too.

The main guideline for DWI arrests is the BAC, blood alcohol content, which when 0.08% or more is considered a DWI and illegal. In some cases, you can only have a drink or two, get intoxicated, and be arrested for a DWI even if you are not over the limit. Also, under age drinking and driving, minors under 21 getting behind the wheel, is treated as a DWI with just about any BAC, from .01 to .02%.

What does drinking and driving do to you?
Just one glass of wine combined with driving a car can be a dangerous proposition. Alcohol hits people in different ways; there are few safe ways to drive after drinking.  Drinking leads to poor vision and hearing, makes you clumsy, and makes you lose sound judgment and self-control.

Even if you drink all the time and have a high tolerance, it really doesn’t matter in the eyes of the law. Problem drinkers can be fine one second and dangerous the next. All that matters is any drinking of alcohol combined with driving can be  lethal, and at points illegal.

How do you know when you can’t drive?
Getting a DWI is about making mistakes from the outset: deciding you can get behind the wheel. Your BAC involves how fast the alcohol is absorbed into your bloodstream and how fast it leaves. These can vary from person to person. There is no definite time limit for when you can and can’t drive. As it’s different for different people, drinking should be followed by a cab ride home or a designated driver.

What happens if you’re pulled over by an officer?
Typically, you can expect to be tested for alcohol upon being pulled over. There must be a clear reason for the officer to pull you over. The most common DWI test is the breathalyzer, as it’s one of the most reliable. Other times you might get a blood test. Urine tests are rarely used because alcohol gets in your blood, not your urine.

If you’re pulled over and fail the standard tests for alcohol, you will be arrested. At that point, you need to know your options.

How do you defend a DWI charge?
You need a DWI lawyer to handle the case. This is not the end of the world in most cases if it’s your first time, but you still face potential license suspension, fines, and possible jail time. If this is your second or third DWI, or if you’re driving with a suspended license, you can expect very stiff penalties from all states.

A professional DWI lawyer can help you from day 1 by explaining your rights, how you might plea, and what to fight. If you’ve been charged with a DWI, don’t try to defend yourself; hire an experienced lawyer.

Sobriety tests are now as common as DUI arrests. What this means to drivers is clear proof of driving under the influence. While many states have different terms and laws for handling DUI and DWI arrests, one thing is the same across the board. The blood alcohol level limit is 0.08% for all states and districts in the U.S. If you are at 0.08% or over, you can be fined, given jail time, and have your license suspended.

But you might be wondering, are these breathalyzer, blood, and other tests as accurate as you’d been led to believe? After all, the entire case against you is based on a simple test. While some would discount that these tests are in any way inaccurate, it’s still useful to look into the details.

When you are pulled over and the officer suspects your under the influence, he/she can administer more scientific tests such as the breathalyzer. Almost every state has the “implied consent” law where if you refuse to be tested for alcohol levels your license can be suspended. There are other tests too.

“Field of Sobriety Tests”
These tests are the ones we all know, where you’re asked to count from 100 down to 1, or spell the alphabet backwards. Officers also check the eyes, for coordination (walking in a straight line), and cognitive abilities. You might often have to do more than walk in a straight line and say the alphabet, as officers are trained in various ways to test alcohol levels.

Blood Tests for DUI
Blood tests are considered to be the most accurate test of alcohol levels in your body. However, in some cases DUI lawyers can argue the testing via blood, namely if the blood wasn’t handled or preserved properly before and during the testing. In fact,some say if the blood is allowed to coagulate, it can lead to false high readings.

Breath Tests for DUI
Perhaps the most common and well known test, the breathalyzer can be used to test alcohol levels right when the officer pulls you over. The actual science behind the breath test is complex, as it tests the level of alcohol in the air you exhale instead of your actual blood level. This results in a lot of guesswork on the officers part, and gives you the chance to fight the case, as false high readings can and do occur

Urine Tests for DUI
Since urine tests are the least accurate of blood alcohol level tests, they’re rarely used. Since alcohol is in the blood and not urine, it’s less accurate. Usually some assumptions have to be made.

Fighting the DUI with a Lawyer
If any of this sounds complex, that’s because alcohol blood level testing isn’t an exact science. While many will fail the tests and be over the limit, some will not, or there are mistakes made, and that’s enough room for a DUI lawyer to help you plead your case. No matter your situation, if you get charged with a DUI you can fight about more than the alcohol tests. You can also fight, for example, if the officer had the right to pull you over in the first place. In the end, hiring a DUI lawyer can help you out of this situation and perhaps help you keep your license and avoid jail time.

Driving under the influence (DUI) in New York is actually termed a DWI (driving while intoxicated), a variation which occurs in separate states. But the basic principle of a DWI, has all the same core laws that others states use. For instance, you can get your license suspended, for multiple charges you can go to prison, and different laws for those under age as well as who hurt or killed someone while driving.

What is DWI in New York?
DWI in New York is considered a crime. You can lose your license, face fines, and quite possibly go to jail. It depends on a variety of conditions, most which will be familiar to you. But, the basic 0.08 rule of being intoxicated is the same across all 50 states, including New York.

The level of abuse is considered by New York law under 5 basic conditions.
-The amount of alcohol you drink
-The amount of food you eat
-The length of time you drink
-Your body weight
-Your gender

Some of those may seem obvious. If you drink 10 beers and drive in New York, you’ll get a DWI or worse. However, what does the amount of food have to do with drinking? This is because of how alcohol is absorbed by your body, and how food can sometimes weaken the effects. If you drank those 10 beers and ate nothing, you would likely be more intoxicated, at least that’s how the laws are.

Body weight and gender are similar, as the amount of intoxication you get from drinking 10 beers does include how big you are; a 300 pound man may be less intoxicated than a 110 pound woman.

There are variations to how intoxicated you can get and how old you are. For example, if you had a .18 or higher alcohol level, that would be considered aggravated DWI and would have stiffer penalties.

The Penalties for New York DWI
There are many penalties for a DWI in New York, and they can get complex. It’s smart to first hire a professional DWI attorney in New York who can plead your case in front of a judge or jury. The more DWI charges you get, as with other states, the bigger the punishments are. Of note is the A-DWI, aggravated driving while intoxicated, which has stiffer penalties. Let’s go over those first.

A-DWI: $1,000-2,500 fine, possible 1 year prison sentence, license revoked for one year
Second A-DWI in 10 years: $1,000-$5,000 fine, possible 4 years in prison, license revoked for at least 18 months
Third A-DWI in 20 Years: $2,000-$10,000, 7 years, License revoked for at least 18 months

Now let’s go over the basic DWI and DWI-Drug violation penalties, which can be less stiff.

DWI: $500-$1,000, 1 year in prison, License revoked for at least 6 months
DWI-Drug: Same as DWI
Second DWI: DWAI Drug: $1,000-$5,000, 4 years prison, License revoked at least 1 year
Third DWI – DWAI Drug: $2,000-$10,000, 7 years prison, license revoked at least 1 year

How do you stop these penalties from occurring? The best move is to drink responsibly, but if you make a mistake, hiring professional DWI attorneys in New York can help. A DWI attorney can help you fight or plea bargain, explain your rights, educate you on the penalties, and help you move on with your life.

Driving under the influence (DUI), the legal term most commonly used to describe the offense of drunk driving, has been attributed by the National Highway Traffic Safety Administration (NHTSA) of causing 15,387 of the 41,059 deaths by automobile accidents occurring  in 2007. The figure represents 37 percent of the total fatal traffic accidents throughout the United States.

The NHTSA says, “A motor vehicle crash is considered to be alcohol-related if at least one driver  involved in the crash is determined to have had a blood alcohol concentration (BAC) of .01 gram per deciliter (g/dL) or higher. Thus, any fatality that occurs in an alcohol-related crash is considered an alcohol-related fatality.” In 2007, in the state of Texas, there were 1,544 deaths attributed to alcohol which represented 45% of the total that were considered traffic-related fatalities. Non-fatal DUI caused accident statistics are even more startling than the fatality statistics, and they include numerous disabling injuries that have occurred all across our land including places like McAllen, Edinberg, and Mission, Texas.

It is true what some say, it does not pay to drink and drive. With these startling statistics, is there any wonder states are cracking down on the people who drive while drinking? Across the nation, depending on the severity of the traffic violation and including the consideration of a fatality, convictions for drinking and driving can be considered a misdemeanor or a felony, and they can bring a multitude of harsh punishments. With a conviction, a person’s record could permanently brand him or her as a life time criminal. The record is often made public to employers and insurance companies.

Traffic laws have been made to protect the innocent because there usually is an innocent party in most traffic accidents. So, if you are facing a DUI related accident in Texas and have been hurt, disabled, or had a fatality of one of your family members as a result, and you feel like you are the innocent party involved, these types of accidents are too serious and complicated for the average layman to handle by themselves. You will need a legal professional to help advise you on what to do and how to protect yourself. Contact us right now, and we will help you find an attorney in the area where you live that can help you deal with the charges you are facing.

What do you think of when you hear the words DUI (driving under the influence) and DWI (driving while intoxicated)? If you are like most people, you think about someone who drives a motor vehicle after drinking alcohol. You probably think about someone who is drunk driving.

Have you ever thought about or realized that these terms DUI, DWI can also refer to driving under the influence of either prescription or illegal drugs. In fact, they can and do refer to a driver who is under the influence (impaired) by prescription or illegal drugs, as well as alcohol.

An issue of ongoing concern to authorities is the person who drives a motor vehicle after using psychoactive drugs. Law enforcement officers, forensic toxicologists, attorneys, physicians and traffic safety professionals in every state in the United States have a continuing concern about this issue of drugs and driving. Documentation and assessment of the impairment displayed by the driver, ways to identify the drug impaired driver on the road, the availability of appropriate chemical tests and the interpretation of the subsequent results are some of the things these professionals are concerned about.

The question may be posed, “Do drugs or medications really impair a driver? Are prescription medications as potentially dangerous as drunk driving?” (more…)

If you drive when you are either intoxicated or drunk, you are placing yourself and others at great risk. Drunk driving or driving with a high blood alcohol content or concentration (BAC) places you and others at a greatly increased risk of highway injuries, car accidents and vehicular deaths.

You may ask, “How is drunk driving defined?” The definition of drunk driving is consistent throughout the United States. Every state and the District of Columbia define impairment as driving with a BAC (blood alcohol concentration) at or above 0.08 percent.

In addition, they all have zero tolerance laws prohibiting drivers under the age of 21 from drinking and driving. Generally the BAC in these cases is 0.02 percent.

If you wonder how big a problem drunk driving is then consider this. The U.S. Department of Transportation, National Highway Traffic Safety Administration (NHTSA) says that there is an alcohol-impaired traffic fatality every 40 minutes in the United States. (more…)

Drinking and driving have been a serious problem in the United States for many years. The words DUI (driving under the influence) and DWI (driving while intoxicated) are all too familiar to most of us. Drunk driving has been responsible for the loss of thousands of lives in this country.

It may surprise you to find out that these terms DUI, DWI can also be used in regard to driving under the influence of either prescription or illegal drugs. The fact is, they can and do also refer to a driver who is under the influence of (impaired) either illegal or prescription drugs, as well as alcohol.

A person who uses psychoactive drugs and then proceeds to drive a vehicle is an issue of ongoing concern to authorities. It is an issue of continual concern to law enforcement officers, forensic toxicologists, attorneys, physicians and traffic safety professionals in every state in the United States. Some of the things that are matters of concern are ways to identify the drug impaired driver on the road, the availability of appropriate chemical tests, the documentation and assessment of the impairment displayed by the driver and the interpretation of the subsequent results.
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If you or a friend or loved one has been placed under a DUI or DWI arrest and faces DUI charges there are many questions that you may have. Hopefully the answer or answers to some common questions that are asked about DUI/DWI will be helpful to you.

What do these terms mean? DUI stands for “driving under the influence“. DWI
 means “driving while intoxicated“.

You may wonder what the difference is in these two terms. In most states these two terms are used interchangeably, meaning the same thing. In some states, however, the drunk driving laws are different for a DUI and a DWI. In these states, the charges are not the same for a DUI and a DWI. In these states, the DUI is a lesser charge. Usually, in these states, a DUI means there is a lesser degree of intoxication. This is determined by your blood alcohol level at the time of arrest. Sometimes, these states will allow the charges of a DWI to be reduced to a DUI with the help of a DUI or DWI lawyer.

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