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What Happens During A Field Sobriety Test In Fort Worth

Fort Worth police officers have several methods they can use to gather evidence a driver is driving while intoxicated (DWI) in Fort Worth, Texas. Observation of erratic or illegal driving actions, the physical characteristics of the suspect and a field sobriety test can all provide invaluable information about a driver’s sobriety. Combined together this information may give the arresting officer probable cause to arrest a driver and charge them with DWI.

Drivers may be charged with DWI in Fort Worth if their BAC or blood alcohol concentration is 0.08% or higher or their driving is impaired from consuming alcohol or drugs. Fort Worth drivers may be impaired and unable to drive safely with out reaching the illegal BAC limit.

The field sobriety test, standardized in the late 1970s by the National Highway Traffic Safety Administration (NHTSA), is comprised of three tests: the horizontal gaze nystagmus, the walk and turn and the one leg stand. The field sobriety test has been used for the last forty-years by officers through out the United States including Fort Worth, Texas. The field sobriety test is a valuable tool for identifying intoxicated drivers, but it is not infallible. Fort Worth drivers who are fatigued, over-weight, elderly or not physically fit may all have difficulty completing the test.

Hiring a Fort Worth DWI lawyer

If you have failed a field sobriety test in Fort Worth, a Fort Worth DWI lawyer should be contacted. A DWI conviction in Fort Worth carries harsh penalties, and drivers, who do not have adequate legal representation, may be forced to pay high fines, spend time in jail or have their license suspended. Fort Worth DWI lawyers understand the complexities of Texas DWI laws and can help drivers fight their DUI charges.

Horizontal Gaze Nystagmus

Fort Worth police officers can use the horizontal gaze nystagmus or the HGN test to measure the “congenital or acquired persistent, rapid, involuntary, and oscillatory movement of the eyeball”. Drivers who are unable to follow a pen or a small flashlight as it moves slowly in front of their face with a coordinated and smooth motion may have consumed alcohol or drugs. Scientific studies have indicated intoxication can lead to exaggerated, jerking motions of the eye. Unfortunately, some drivers who have to take certain medication or who have a congenital eye defect may also have trouble completing the test. The NHTSA has stated this test, if done correctly, can have an accuracy rate of 88%.

Walk-and-Turn

Fort Worth police officers may also have drivers complete a walk and turn test to test their sobriety. The walk and turn test requires drivers to walk, heel to toe, with their arms at their sides, down an imaginary or real line for nine steps, turn and walk back- all with out falling, swaying or raising their hands. Police officers will notice if a driver loses their count, takes a misstep or stops before completing the test. Drivers who make a mistake on multiple test components may be intoxicated. Fort Worth police officers should give clear instructions before the driver attempts the test and the test should be done on a flat, hard surface.

One-Leg-Stand

Fort Worth police officers may have the driver complete a one leg stand as the final part of the Fort Worth field sobriety test. Drivers are asked to stand straight, arms to their side, head straight and raise one of their legs approximately 6 inches from the ground while either the driver or the officer counts a loud. If the driver is unable to hold their leg up and maintain balance, they may fail the test. The NHTSA has estimated the accuracy of this test is approximately 83% if the driver fails several of the test components.

Hiring a DWI lawyer in Fort Worth, Texas

Refusing to submit to a chemical test or failing a field sobriety test are both two good reasons to contact a DWI lawyer in Fort Worth, Texas. Field sobriety tests can be a good tool for police officers to establish probable cause for a DWI arrest, but drivers who are taking certain medications, extremely fatigued, more than 50 pounds overweight or who have other physical limitations may have trouble completing the test. In some cases the subjective conclusions of the arresting officer may have been incorrect.

Fort Worth DWI lawyers handle hundreds of DWI cases each year and can review every aspect of the DWI arrest. If you have been arrested for DWI in Texas, do not despair. DWI lawyers understand Texas DWI laws and can get you the help you need.



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Facing A DWI Charge In Dallas

Dallas drivers may be arrested for driving while intoxicated or DWI if they do not have normal use of their physical or mental faculties due to ingesting alcohol or drugs or if their blood alcohol concentration (BAC) is 0.08% or higher. Dallas drivers who are under the age of 21 can be arrested for DWI if their BAC is 0.08% or higher.

Drivers who are arrested for DWI in Dallas can face a variety of severe penalties. Penalties will vary based a driver’s criminal background and whether or not other individuals were injured or killed. Hiring a Dallas DWI lawyer can ensure a Dallas driver has the right DWI defense. Dallas criminal defense attorneys vigorously defend their client’s legal rights and try to eliminate or reduce the consequences of a DWI arrest.

Call a DWI lawyer immediately if you need information about current Texas DWI laws or you want someone to defend you against your DWI charges.

Penalties for DWI in Dallas

General information is listed below for the penalties for drunk driving in Dallas. DWI laws are created and passed at the state level so Dallas DWI laws will be the same as other cities in Texas. Dallas drivers should contact a Dallas DWI lawyer for more information about their specific case.

First DWI Conviction

Class B Misdemeanor

  • Drivers can be required to pay a fine up to $2,000
  • Drivers can be required to do at least 24 hours and up to 100 hours of community service

Second DWI Conviction

  • Drivers can be ordered to install an Ignition Interlock Device in their car
  • Drivers can be required to pay a fine up to $4,000
  • Drivers may be sentenced to no less than 72 hours up to 1 year in jail
  • Drivers may be required to do community service of 80 hours up to 200 hours
  • Drivers may have their license suspended for at least 80 days but less than 2 years

Third DWI Conviction

Third Degree Felony

  • Drivers can be fined up to $10,000
  • Drivers may be required to spend 2 to 10 years in prison and required to have an Ignition Interlock Device installed in their car as a condition for their bond or release
  • Drivers must perform 160 hours to 600 hours performing community service
  • The driver’s license must be suspended for 180 days to 2 years

In addition to the penalties listed above the DWI court may order the Dallas driver to complete an alcohol or drug treatment program.

Hiring a Dallas DWI lawyer

Dallas drivers who have a Texas license have given their implied consent to submit to a chemical test (blood, breath, urine) if requested to do so by a Dallas law enforcement officer. Refusing to take a chemical test or failing a chemical test can result in a license suspension. Dallas drivers who have lost their license may schedule an administrative hearing with in 15 days of their arrest to fight their license suspension. Dallas DWI lawyers can help schedule the hearing and represent a driver at their hearing as well has request an Occupational Driver’s License (if the license is suspended).

DWI attorneys can review your DWI arrest, make sure there was probable cause to arrest you, ask questions and evaluate every aspect of your DWI case. Before pleading guilty, learn about DWI laws and your legal rights in Texas. Dedicated DUI/DWI criminal defense lawyers understand what drivers are going through and will do their best to defend a driver throughout the DUI criminal process.



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What happens in Columbus during a Field Sobriety Test

If you are operating a vehicle while impaired (OVI) and you are stopped by a Columbus police officer, you may be asked to perform a field sobriety test. Field sobriety tests have been used for years by police officers nationwide to help determine if drivers are intoxicated. While it is legal to refuse to submit to a Columbus field sobriety test, it may not stop drivers from being arrested and charged with an OVI. Field sobriety test results may or may not be used in court as evidence of a driver’s sobriety, but they are an invaluable tool used by Columbus law enforcement to help determine if a driver has the balance and coordination to operate a motor vehicle.

Field sobriety test were standardized in the late 1970s by the National Highway Traffic Safety Administration (NHTSA). A Columbus field sobriety test includes three basic tests: the horizontal gaze nystagmus, walk and turn and the one leg stand. The results of the field sobriety test may not always be accurate or conclusive especially if the Columbus driver is over the age of 65, physically or mentally impaired or more than 50 pounds over-weight. Many Columbus drivers may have trouble completing the Columbus field sobriety test even if they are completely sober.

Columbus police officers gather evidence of a driver’s intoxication before, after and during a traffic stop. Columbus drivers who are weaving, swerving or driving too fast or slowly may be intoxicated. Columbus police officers also examine the physical characteristics of a driver. Is the driver stumbling? Do they have blurry or blood-shot eyes? This could mean they are DUI or driving under the influence of drugs or alcohol.

Columbus drivers who have failed a Columbus field sobriety test should contact a Columbus DUI lawyer as soon as possible. A Columbus OVI conviction is not like other moving traffic violations. Columbus drivers can face a variety of serious penalties and fines which can have lasting consequences.

  • Horizontal Gaze Nystagmus – Columbus police officers use the horizontal gaze nystagmus test or HGN to measure the nystagmus or the movement of the driver’s eye as a light or pen is moved in front of the driver’s face. Alcohol or drug intoxication has been scientifically proven to impact the ability of the brain to control the eye muscles. If the Columbus driver is unable to track the light in a coordinated motion, with out jerking or erratic eye movement, they could be intoxicated. They also may have a neurological disease or congenital eye defect.
  • Walk and turn – Columbus officers may also have a driver perform the walk and turn test. The Columbus driver must stand with their hands to their side and walk 9 steps forward, turn and walk back. Drivers who are unable to walk the line with out moving their arms, falling or swaying may be intoxication.
  • One leg stand – The Columbus police officer may also have the driver complete the one leg stand. Columbus drivers are asked to stand straight, put their arms to their sides and hold their leg approximately 6 inches from the ground. Either the driver or the field officer will count aloud for about 30 seconds. The driver should be able to stand straight with out falling, lowering their leg or raising their arms. Unfortunately, this test may be difficult for certain drivers who do not have good coordination or balance or who are not physically fit.
  • Finger to the nose – Columbus police officers may have additional non-standardized tests they can use to identify an intoxicated driver. Counting backwards, reciting the alphabet and the finger to the nose test may also be used. Can the driver lean their head back, close their eyes and touch their nose? If not, they could be intoxicated.

Hiring a Columbus DUI lawyer

Columbus drivers who have failed a field sobriety test in Columbus, Ohio, should contact a DUI lawyer. Field sobriety test are an important tool for the Columbus police department, but they can be inaccurate if they are done improperly. Unfortunately, even positive test results can lead to inaccurate conclusions about a driver’s sobriety.

Drivers who refuse to submit to a field sobriety test in Columbus may be asked to take a chemical test (blood, breath, urine) to test their blood alcohol concentration (BAC). Columbus drivers, under Columbus Implied Consent Laws, have agreed to submit to these tests in order to drive in Ohio. Drivers who fail this test or who refuse to take this test can face a license suspension of up to 1 year.



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Dallas Field Sobriety Tests

Field sobriety tests have been developed and standardized by the National Highway Traffic Safety Administration (NHTSA), and police officers through out the United States have been using these tests for years to determine if drivers are driving under the influence of any type of alcohol or drug. Dallas police officers routinely use a field sobriety test to evaluate whether or not Dallas drivers are driving while intoxicated (DWI) on Texas roadways.

Field sobriety tests include three basic components: the horizontal gaze nystagmus, walk and turn and the one leg stand. These test combined with other evidence which is collected by the Dallas police officer including a driver’s physical appearance (blood shot eyes, slurred speech, in ability to walk) and their erratic driving before the traffic stop can give the officer a good idea of whether or not a driver is DWI.

Drivers may refuse to take a field sobriety test, but if a police officer has gathered enough information to convince him he has probable cause to arrest a driver, he may decide to arrest the driver for DWI with out performing a field sobriety test. Drivers, under Texas Implied Consent Laws, have already given their implied consent to submit to a chemical test (blood, breath, urine) if they are asked to do so by a Dallas police officer. Refusing to submit to a chemical test can result in an immediate suspension of a driver’s Texas license.

The field sobriety test, when performed correctly, can be an effective tool for identifying intoxicated drivers, but it does have limitations. Many drivers who are tired, over-weight, elderly or have other physical or mental impairments may have difficulty properly performing the field sobriety test.

Horizontal Gaze Nystagmus

For the horizontal gaze nystagmus test, the Dallas police officer measures the driver’s nystagmus or the involuntary movement of the driver’s eye as it tracks a light or pen. Drivers who are unable to follow the light in one fluid motion may have consumed alcohol or drugs, or they may have a neurological disease or congenital eye defect.

Walk and turn

The next part of the field sobriety test includes the walk and turn test. Dallas police officers may have drivers put their hands to their sides and walk heel to toe for 9 steps and turn and retrace their steps. Drivers who can not walk a real or imaginary line with out falling may be intoxicated. Other conditions may also affect a Dallas driver’s ability to perform this test including inappropriate footwear, communication barriers, poor weather conditions and a driver’s weight or age.

One leg stand

The final step in the field sobriety test is the one leg stand. Dallas drivers are asked to stand straight with their arms at their side and their feet together. Next they are required to raise their leg approximately 6 inches off of the ground. Falling, swaying or raising their hands to maintain balance may indicate the driver is intoxicated.

Finger to the nose

Dallas police officers may have several other non-standard tests which they can use to test for intoxication such as counting backwards or the finger to the nose test. The finger to the nose tests requires Dallas drivers to lean their head back, close their eyes and press their finger to their nose.

Hiring a Dallas DWI lawyer

Being arrested and charged with a DWI can lead to an automatic driver’s license suspension. To save your driving privileges you may need the help of a Dallas DWI lawyer. DWI lawyers in Dallas can file the proper paperwork for your Administration License Revocation hearing which must be done with in 14 days after the date of your DWI arrest.

Dallas DWI attorneys have the skills necessary to find the weaknesses in the prosecutor’s DWI case. Do not fight a DWI charge alone. DWI law can be complex, but a Dallas DWI criminal defense attorney can help you build a solid DWI defense.



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Indiana OWI Dangers and Laws – Help for Drinking and Driving

Drinking and driving is a life and death matter in the United States. Did you know alcohol leads to a death every 30 minutes? An alcohol related injury on the road happens every two minutes. Worst of all,  most  DUI charges are for repeat offenders, and the majority of drivers whose licenses are suspended continue driving. Indiana considers drinking and driving violations as OWI, operating while intoxicated. Most states use DUI (driving while intoxicated) or DWI (driving while intoxicated), if not both in certain cases.

How much can you drink before being over the legal limit?

First, the legal limit in all 50 states is 0.08% BAC. BAC stands for blood alcohol content. If you are pulled over in Indiana, you can get a sobriety test. If you are over the limit or obviously drunk, you will be arrested.  The best choice you can make is to not drink and drive, to have someone else give you a ride who is sober, if not taking a cab.

Also, since studies have proven on alcohol’s effects on the body can be different, sometimes even one or two drinks can lead to breaking the BAC limit. A woman of 120 pounds is likely to have a higher BAC than a woman or man of 240 pounds who drank the same amount. Also, if you eat food or drink water, this can lower your BAC in some cases. If you drink on an empty stomach, you have a higher chance for being over the limit. Lastly, it also depends on when you drink and when you decide to drive. While this requires study, the longer you wait, such as staying the night at a friends instead of driving, the better chance you have of being okay to drive later.

Be warned: simply waiting or eating does not make it okay to drink and drive.

What are Indiana OWI penalties?
Indiana considers OWI penalties via the BAC rate of .08%, and also gives license suspensions, fines, and jail time for OWI charges. If you are found guilty the for your first OWI penalty, you can expect an Indiana court to suspend your license for anywhere from 90 days to 1 year.

Habitual defenders are prosecuted further, with much longer license suspensions, fines, and the potential of long jail time. Also, if you hurt someone while drinking and driving, even if it’s your first time, you can expect to lose your license for some time, face even longer jail time, and receive high fines.

What do you do after and OWI?
Hiring an Indiana OWI lawyer can help you with stiff penalties. You need someone schooled in Illinois OWI law, as each state has different definitions. The best method is to simply avoid drinking and driving, as even a .06% rate, which is under the legal limit, doubles your chances of being in an accident.

To hire an Indiana OWI lawyer, search online for firms with experience, who are within your budget, and who can educate you on your choices.



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Consequences of a DUI Arrest in Utah

A DUI conviction in Utah can have severe consequences for a Utah driver. Utah DUI laws can be complicated. It may be a good idea to contact a Utah DUI lawyer. Hiring a DUI lawyer can make a difference in the type of penalties which may be assessed against a driver. DUI lawyers can review the driver’s DUI charges and help determine the best course of action for the driver.

Depending on whether it is the driver’s first, second or third DUI charge, they may be facing severe penalties including:

  • Increase insurance cost
  • License suspension
  • High court costs and penalties
  • Mandatory installation of an Ignition Interlock Device
  • Mandatory attendance in a drug and alcohol rehabilitation program

Utah DUI Laws

Utah drivers can be arrested in Utah if they are driving under the influence (DUI) of drugs or alcohol or the combination of these substances to a degree that the driver is unable to safely drive or operate the vehicle.

Drivers can also be arrested and charged with DUI if their blood alcohol level (BAC) is 0.08% or higher. If a driver’s BAC is over the legal limit they do not have to exhibit any physical or mental impairments to be arrested.

A Utah police officer may stop a driver for any type of driving infraction or if they believe they are intoxicated. The police officer begins gathering evidence for the DUI before the stop by observing common infractions such as swerving, driving the wrong direction or driving too slowly. After the stop, the officer can give the driver a field sobriety test which can include asking them to walk a straight line, recite the alphabet or count backwards. After the field sobriety test, the officer can make a subjective decision about whether or not the driver is intoxicated and ask them to submit to a chemical test.

Under Utah’s driving laws, drivers have given their implied consent to submit to a chemical test which will test their breath, urine or blood. Drivers who refuse to take the test can have their license suspended for 18 to 36 months.

Penalties for DUI in Utah

Penalties assessed against a Utah driver charged with a DUI may vary. A DUI lawyer can provide specific information about your DUI case. General information is provided below for Utah DUI penalties.

First DUI Offense

  • Required to spend a minimum of 48 hours in jail or potential 48 hours of a work service program or home confinement
  • Required to pay a minimum $700 in fines and penalties
  • Mandatory license suspension for 120 days
  • Potential home confinement with electronic monitoring
  • Potential alcohol abuse screening, assessment, education and treatment programs

Second DUI Offense

  • Required to spend a minimum of 240 hours in jail or potential 240 hours of a work service program or home confinement
  • Required to pay a minimum $800 in fines and penalties
  • Mandatory license suspension for 2 years
  • Mandatory Ignition Interlock Device for 3 years if the DUI conviction is with in 10 years of the previous DUI conviction
  • Potential home confinement with electronic monitoring
  • Potential alcohol abuse screening, assessment, education and treatment programs

Third DUI Offense

  • Required to spend a minimum of 1,500 hours in jail
  • Required to pay a minimum $1,500 in fines and penalties
  • Mandatory license suspension for 2 years
  • Mandatory Ignition Interlock Device for 3 years if the DUI conviction is with in 10 years of the previous DUI conviction
  • Supervised probation
  • Potential alcohol abuse screening, assessment, education and treatment programs

Hiring a Utah criminal defense lawyer

DUI penalties vary from state to state; hiring a Utah DUI lawyer who understands Utah DUI laws is very important. DUI lawyers may offer a free initial consultation to review a driver’s DUI charges so there is no cost for the driver to wait to make a decision about their plea. Talking to a DUI attorney is critical if the driver has multiple DUI convictions or the driver has injured or killed another person. Drivers who have multiple convictions could be facing license revocations, high penalties and long prison sentences.

Common mistakes after a DUI

Many drivers make simple mistakes which can jeopardize their DUI case. If you have been arrested for DUI here are some things to do:

  1. Talk to a DUI attorney as soon as possible to have your DUI case evaluated.
  2. With the help of your Utah DUI lawyer, request your DMV hearing with in 10 days of your DUI arrest.
  3. Do not pretend that you were not arrested and do not put off calling a DUI lawyer.
  4. Do not plead guilty until you fully understand the DUI laws which are applicable to your DUI case.
  5. Do not have unrealistic expectations about your case.
  6. Make sure you understand your fourth amendments rights and how they may apply to your DUI case.


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Understanding Texas DWI Laws

If you have been arrested for a DWI in Texas, it is important to contact a Texas DWI lawyer immediately. This is no time to try and handle things yourself. A DWI can have long-term legal consequences. If you are charged with a crime it can drastically affect your future. Community service, fines, probation or a jail sentence are all real possibilities without the right DWI attorney.

DWI lawyers will provide an initial review of your DWI charge and in most cases, the first appointment is free. DWI lawyers understand Texas DWI laws are more likely to get you a favorable outcome in your DWI case. A DWI attorney can help research your DWI incident, prepare your DWI case and help file any necessary DWI paperwork. If you are convicted of a DWI you could face:

  • Penalties and fines
  • Potential jail time
  • An increase in your insurance cost
  • Driver’s license suspension

For a DWI in Texas, call a DWI lawyer. We may not be able to eliminate all of the expense and inconvenience of the drunk driving arrest, but we can help.

What is a DWI?

Texas DWI laws define a person as legally intoxicated if they do not have the normal use of their mental or physical faculties due to drugs, alcohol or a combination of both substances. Intoxication also can occur if an individual has a blood alcohol concentration of 0.08 or more.

Penalties for DWI in Texas

  • First offense- An individual can be convicted for a DWI if the state can prove they have lost their physical or mental faculties or their blood alcohol level is greater than 0.08. The first DWI offense is considered a Class B Misdemeanor and carries penalties of up to 180 days in jail and a fine up to $2,000. The proceedings are generally held in the County Court. Community service will be assessed for at least 24 hours but not to exceed 100 hours.

  • Second offense – If an individual is arrested a second time for a DWI, there must be a condition of release ordered by the court. This can include installing a deep lung machine on the car. Additionally, a fine up to $4,000 is required, jail confinement of no less than 72 hours or more than one year of community service. A judge can require the offender to serve at least 80 hours of community service but no more than 200 hours. The offender may also have their license suspended for at least 80 days but less than two years.
  • Third offense – If an individual is convicted of DWI for a third time it is considered a third degree felony. They can be fined up to $10,000 and confined to prison for two to ten years. After conviction and release from prison, a deep lung air device is usually ordered as a condition of bond or release. Community service must also be completed for 160 to 600 hours and their driver’s license is suspended for 180 days to 2 years. The judge may also order a variety of alcohol treatment programs.

Common Questions about DWI arrests

  • Do I need to hire a Texas criminal defense lawyer?

You should hire a Texas defense lawyer as soon as possible. A hearing request must be scheduled within 15 days of your DWI arrest. Failing to schedule the hearing or hire an attorney will waive your rights to fight against a license suspension.

  • What do I do if my license is suspended and I need to get to work?

Most Texas defense lawyers can help get you an Occupational Driver’s License even if your license has been suspended. This type of license will allow you to travel to and from your job.

  • What is the difference between DUI and DWI in the state of Texas?

Not all states use the same terms, but in the state of Texas driving while intoxicated means a person is operating a motorized vehicle while intoxicated by drugs, alcohol or a combination of both. Texas law uses the term DUI or driving under the influence to define an offense for anyone under the age of 21. If anyone under the age of 21 is operating a motor vehicle and an officer detects alcohol, they could be charged with a DUI.



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Why You Need a DUI Attorney

Getting a DUI charge often seems like the end of the world.

You expect to lose your license, to be fined for thousands of dollars, and if you hurt someone, face serious criminal penalties beyond suspensions and fines.

After all, drinking and driving is the cause of tens of thousands of deaths just in the U.S. every year. People get behind the wheel when they shouldn’t and find themselves facing serious criminal charges for hurting another driver in an accident.

Which begs the question, if this is your first offence and you have a clean record, do you need a DUI attorney to help you? Would a DUI attorney be  able to get you out of this situation? If you hurt someone, will having professional counsel really help that much?

In some cases, you just might be able to plead your case in front of a court without a DUI attorney. However, think about it this way: would you operate on your heart by yourself, or ask a doctor to do it?  Unless you have extensive legal experience, you won’t know how to plea, how to handle judges, how to fight against license suspension and other charges, how to make your case for not being under the influence, and so on.

You can also ask for a court appointed attorney if a DUI lawyer is beyond your financial means.

If this is your first DUI offence, you might be okay without professional counsel. In most cases, unless you plead not guilty, the ruling is pretty straightforward. Your license is usually temporarily suspended and you get fines. You would have to study on DUI law yourself or ask a lot of questions to people who know the laws; every state handles the case differently except for the blood alcohol level limit of 0.08%.

If this is your second or third DUI, or you hurt someone, or if  you want to fight the charge, you cannot do without a DUI attorney.  You simply cannot handle a case involving possible jail time and permanent license suspension all by yourself. You might be without the money to pay the attorney, but many are willing to set up payment plans and offer discounts to clients on an as needed basis. You really can’t afford not to have a DUI attorney if you’re facing multiple DUI or aggravated DUI cases.

How Do You Hire a DUI Attorney?

You want a DUI attorney who specializes in all the different laws of the state. If you’re in New York, for example, you wouldn’t hire a New Jersey attorney; you’d want one who has more experience in handling judges and DUI offenses in New York.

You want an attorney who specializes in DUI law. There are many, including the owners of this blog, who can help you specifically with DUI cases where you face possible jail time, license suspension, major fines, and other penalties.

Lastly, don’t be afraid to ask a lot of questions and shop around. If you can find a DUI attorney who’s willing to work with you on fees and who has the knowledge, consider them one of your best options.



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Facing DUI Related Accidents In Pennsylvania

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 Pennsylvania, there were 556 deaths attributed to alcohol which represented 36% 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 Harrisburg, Lebanon, and Carlisle, Pennsylvania.

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 Pennsylvania 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 may need a legal professional to help advise you on what to do and how to protect yourself. Contact us and we will help you find an attorney in the area where you live that can help you face your DUI charge..



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Understanding California DUI Laws

If you have been arrested for a DUI in California, it is important to discuss your DUI case with a California DUI defense lawyer as soon as possible. A DUI lawyer can take immediate action and help develop your DUI defense. According to California DUI laws, an APS or Administrative Per Se Hearing must be scheduled within 10 days from the date of your DUI arrest. Failure to seek adequate legal counsel can result in harsh penalties for your DUI arrest including:

  • Jail time
  • Large monetary fines
  • Suspended or revoked driver’s license
  • Increased California car insurance premiums
  • Installation of an Ignition Interlock Device
  • Probation
  • Participation in a DWI education program
  • Loss of a commercial license- if you are a commercial truck driver

Failure to contact a DUI attorney in California is a mistake. California DUI laws and mounting a DUI defense can be complicated. A DUI conviction will stay on your driving record for at least 7 years. A California DUI lawyer can help. Call a DUI attorney today for a free consultation about your DUI arrest.

What is a DUI?

In California it is illegal to drive under the influence of any alcoholic beverage or drug. California DUI laws define “under the influence” as being “unable to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances”. Proof of a DUI can be obtained from the observation of an individual. The officer watches for slurred speech, the inability to walk or blood shot eyes. Additional evidence can be obtained through a Blood Alcohol test. In California it is illegal to drive with a BAC of 0.08 or higher. If your BAC is 0.08 or higher, you can be charged with a DUI even if you are not exhibiting any signs of being “under the influence”.

California DUI penalties

First Offense:

·         The court will sentence the defendant to a jail term for a minimum of 48 hours.

·         Fines can range from $1400 – $1800 and additional court fees are included. All DUI fines must be paid within 45 days or financed to be paid. Some fines may be discharged by community service.

·         A 3- 5 year probationary period will be imposed.

·         Required 10 month license suspension (limited driving may be allowed for school and work)

·         Required attendance of a 3-6 month drug and alcohol program is mandatory

Second Offense

·         Required jail term for a minimum of 96 hours

·         A 3-5 year probationary period

·         $1800 – $2800 in fines and penalties must be paid plus additional court fees

·         18 month driver’s license suspension, drivers may apply for a restricted license 12 months after the DUI arrest

·         The defendant must attend a drug and treatment program for 18 months.

Third Offense

·         Required jail term for 120 days minimum

·         3-5 years probation

·         $1800-2800 in fines and penalties for the 3rd DUI conviction, plus court costs must be paid

·         A mandatory driver’s license suspension for 18 months to 3 years.

·         A mandatory installation of an ignition interlock device.

Common DUI questions

Is a DUI arrest like a traffic ticket?

No, if you are convicted of a DUI there can be very serious penalties including a suspended license, probation and increased insurance rates. A DUI conviction is either a misdemeanor or a felony. It is important to take your DUI seriously and talk to a California DWI/DUI attorney as soon as possible.

How do I find a good DWI Lawyer?

Find a DUI attorney who has experience in criminal law. Find someone who is easy to talk to and wants to help you with your DUI case. Does the DUI lawyer listen? Did they answer all of your questions? Make sure you find someone knowledgeable about California DWI laws. Beware of a DUI defense attorney who guarantees results. There is no attorney who can guarantee a dismissal of your case.

Do I have to hire a DUI lawyer or can I represent myself?

Unless you fully understand the complexities of California DUI law it does not make sense to try and represent yourself in a DUI criminal case. If you do decide to represent yourself, you will need to file a hearing with the DMV within 10 days of your arrest. A DUI arrest is a serious matter, it is important to talk to a California DUI attorney as soon as possible.



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