DUI Blog

Nashville drivers, who operate a motor vehicle and are impaired by alcohol, drugs or any other intoxicant, can be charged with DUI or driving under the influence. Nashville drivers can also be arrested for DUI if their blood alcohol content (BAC) is at or above 0.08%. Drivers who are arrested and convicted of DUI in Nashville may receive time in jail, fines and penalties and loss of driving privileges.

Each year Nashville drivers and passengers are seriously injured and killed by drivers under the influence of drugs and alcohol. States have instituted severe penalties to curb alcohol abuse and attempt to save lives. Nashville drivers who have been arrested one time or multiple times for DUI in Nashville need the help of a Nashville DUI lawyer. Drivers from Nashville and all of the surrounding cities including: Brentwood, Hermitage, Ashland City, Hendersonville and Madison can get the legal help they need from a DUI attorney. Seeking the legal counsel of a knowledgeable and competent Nashville DUI lawyer can ensure a driver understands their rights and options for their DUI case.

Penalties for DUI in Nashville

Penalties for DUI may vary for certain individuals depending on their criminal background and if they have previous DUI convictions. Before pleading guilty to DUI, find out the types of DUI penalties you can face from a qualified DUI lawyer in Nashville.

First DUI Conviction in Nashville

• Nashville drivers are required to spend 48 hours and up to 11 months in jail for their first DUI conviction. Nashville driver with a BAC of 0.20% or greater must spend a minimum of 7 consecutive days in jail.
• The court will revoke the driver’s license for one year.
• Nashville drivers are required to participate in an alcohol education class.
• Nashville drivers are required to pay restitution to any person suffering physical injury or personal loss due to the DUI.
• Nashville drivers are required to pay fines of $350-$1,500.
• The court may require the Nashville driver to install an Ignition Interlock Device for 1 year.

Second DUI Conviction in Nashville

• Nashville drivers may be required to spend 45 days to 11 months in jail. Nashville drivers with a BAC of 0.20% or higher may be required to spend additional days in jail.
• The courts may revoke a Nashville driver’s license for 2 years but may allow a restricted license after one year.
• The court may require the driver to install an Ignition Interlock Device.
• The court will require the driver to attend an alcohol education class.
• Drivers are required to pay fines of $600-$3,500.
• The court may seize the driver’s vehicle.
• Nashville drivers may be required to pay restitution to other individuals who have been injured due to the driver’s DUI.

Third DUI Conviction in Nashville

• Nashville drivers are required to spend 120 days to 11 months in jail. Drivers who have a BAC of 0.20% or higher may have to spend additional consecutive days in jail.
• The courts will revoke the driver’s license for 3 to 10 years. For the third DUI conviction there is not an option for a restricted license.
• Nashville drivers must install an Ignition Interlock Device.
• Nashville drivers must participate in an alcohol education class
• Nashville drivers must pay fines of $1,100-$10,000.
• The courts may seize a Nashville driver’s car.
• Nashville drivers may be required to pay restitution to other individuals who have been injured from the driver’s DUI.

Fourth DUI Conviction in Nashville

Class E Felony

• Nashville drivers are required spend 1 year in jail with 150 days required to be served consecutively.
• The court will revoke a driver’s license for 5 years with no option to apply for a restricted license.
• Nashville drivers must install an Ignition Interlock Device on their vehicle.
• Nashville drivers must participate in an alcohol education class.
• Nashville drivers must pay fines of $3,000 to -$15,000.
• The court may seize the driver’s vehicle.
• Nashville drivers may be required to pay restitution to other individuals who have been injured.

Hiring a Nashville DUI Lawyer

Drivers charged with DUI in Nashville do not have to hire a Nashville DUI lawyer, but it may be the best chance the driver has for a solid DUI defense. Nashville DUI lawyers offer free initial consultations to evaluate a driver’s DUI case. If the driver chooses to hire a DUI lawyer the attorney can interview witnesses, evaluate the DUI arrest process, negotiate with the prosecuting attorney and take the DUI case to court, if necessary. Even if a driver is planning to plead guilty to a DUI conviction, why not consult with a DUI lawyer in Nashville before making that decision?

A DUI or driving under the influence arrest can be overwhelming. You are probably wondering what you should do next or how much it will cost you. Maybe you have been arrested multiple times for DUI and you are scared it may affect your employment or you may lose your Seattle license. It is time to call a Seattle DUI lawyer. Seattle DUI attorneys can answer all or your DUI questions and organize your DUI defense.

DUI lawyers in Seattle have handled hundreds of DUI cases from DUI misdemeanors to DUI felonies. Most criminal defense lawyers in Seattle offer a free initial consultation to review your DUI charges and determine whether or not they can help you. Many drivers think it is best to plead guilty and move forward, and it may be, but it is always a good idea to make sure you understand the legal ramifications of a guilty plea.

Seattle DUI lawyers are professional and knowledgeable about Seattle DUI laws, and they can help through every step of the DUI process. What penalties do you face? Will you lose your Seattle driver’s license? Call a Seattle DUI criminal defense lawyer and find out.

Seattle DUI Laws

Seattle drivers, who are arrested with a BAC or blood alcohol concentration of 0.08% or higher, can be charged with DUI. Seattle drivers who are under the age of 21 and have a BAC of 0.2% can also be charged with DUI. Consuming less than the legal limit of alcohol does not necessarily mean a driver will not be arrested for DUI. Drivers who have consumed alcohol and can not operate a motor vehicle safely may be considered “under the influence” and can be arrested.

Penalties for DUI in Seattle

DUI penalties in Seattle can vary depending on the criminal record of the driver or if there are any aggravating circumstances such as severe injury or death. Talk to a Seattle DUI lawyer about the details of your DUI case. General DUI penalty information is provided below:

First DUI Conviction in Seattle

(With in 7 years)

• Seattle drivers are required to stay 1 day to 1 year in jail or may instead be confined 15 days to 30 days with at home electronic monitoring.

• Seattle drivers may be required to pay fines of $823 to $5,000.
• Seattle courts may suspend a driver’s license for 90 days to 1 year with a 5 year probationary license.
• The courts may require Seattle drivers to install an Ignition Interlock Device.
• The courts may require Seattle drivers to complete an alcohol evaluation and potential alcohol treatment program for up to 2 years.

Seattle DUI penalties may become more severe for drivers who have a BAC of 0.15% or higher or if a driver refuses to submit to a chemical test.

Second DUI Conviction in Seattle

(With in 7 years)

• Drivers must spend 30 days to 1 year in jail or the court may allow 60 to 90 days at home with electronic home monitoring.
• Seattle drivers must pay fines of $1,078 to $5,000.
• The courts require a license suspension for 2 years to 900 days followed by a 5 year probationary license after the driver’s Seattle license is reinstated.
• The courts may require monitored probation for up to 5 years.
• Drivers may be required to install an Ignition Interlock Device on their vehicle for 1 year.
• The courts may require a driver to take an alcohol evaluation and potential alcohol treatment program for up to 2 years.

Third DUI Conviction in Seattle

(With in 7 years)

• Seattle drivers are required to stay in jail for 90 days to 1 year, or the courts may allow 120 to 150 days of electronic home monitoring.
• Seattle drivers are required to pay fines of $1,928 to $5,000.
• The courts can suspend a driver’s license for 3 to 4 years. The driver may have a probationary license for 5 years after their driver’s license is reinstated.
• Drivers may have to serve 5 years of monitored probation.
• Drivers may be required to install an Ignition Interlock Device for 1 to 10 years.
• Drivers must take an alcohol evaluation and potential alcohol treatment program for up to 2 years.

Hiring a Seattle criminal defense attorney

What does a Seattle DUI lawyer do for you? They can answer all of your DUI questions, investigate the DUI case and determine what options are best for you. DUI attorneys also file motions and discuss your DUI case with the prosecuting attorney. Can they guarantee your DUI charges are dropped or reduced? No, but they can provide the best chance you have to get a great DUI defense. Do not try to fight DUI charges alone. Let a DUI attorney do the work for you.

Illinois drivers, who have consumed too much alcohol, can be stopped for DUI or driving under the influence of alcohol. Illinois police officers can use field sobriety tests to provide additional DUI evidence and to establish probable cause for an Illinois DUI arrest. Field sobriety tests are most effective at identifying drivers who have a blood alcohol concentration or BAC of 0.08% or greater- which is the illegal limit for every state.

Law enforcement officers have used field sobriety tests for many years. Field sobriety testing which was standardized in the late 1970s by the National Highway Traffic Safety Administration (NHTSA), are not always 100% accurate and can depend on the subjective analysis of Illinois police officers.

Illinois drivers, who have failed a field sobriety test, can contact an Illinois DUI lawyer for information about their Illinois DUI arrest. Contacting an Illinois attorney can allow a driver to challenge the reliability of the test. Certain conditions may make it difficult for drivers to pass a field sobriety test including:

• The physical limitations of the Illinois driver
• If the driver is more than 50 pounds over weight
• If the driver is over the age of 65
• Inadequate lighting for the test
• Poor weather conditions
• Inadequate testing instructions given prior to the Illinois test

Hiring an Illinois DUI Lawyer

Illinois DUI lawyers can help with every step of the DUI process including: evaluating the DUI arrest, determining if the police officer had probable cause for the DUI arrest and developing a DUI defense. A DUI conviction can have severe penalties for Illinois drivers including:

• Paying high fines and fees
• Attending a mandatory drug and alcohol education program
• Requiring drivers to install an Ignition Interlock Device in their vehicle
• Loss of driving privileges in Illinois
• Performing mandatory community service

Horizontal Gaze Nystagmus

Illinois police officers can use the HGN or the horizontal gaze nystagmus test to measure the nystagmus or the “congenital or acquired persistent, rapid, involuntary, and oscillatory movement of the Illinois driver’s eyeballs”. While this condition is common for all drivers, it is pronounced for drivers who are intoxicated.

For the HGN test, an Illinois officer will have a driver track a small light or pen with their eyes while holding their head steady. Drivers who are not intoxicated can track the light with a controlled movement. Intoxicated drivers, however, will have an exaggerated jerking eye motion as they track the object. Police officers are supposed to grade a driver’s intoxication level using the NHTSA testing standards:

• Is the Illinois driver able to follow an object consistently and smoothly with their eyes?
• Is the driver’s Nystagmus distinct when the eye is at maximum deviation?
• Is the angle of the onset of nystagmus prior to 45 degrees?

There are certain inhalants, barbiturates and medications which can also be detected with the HGN test. Fatigue, severe head injury, congenital eye defects and neurological conditions can also cause a driver to fail an HGN test.

Walk the Line Test

The walk the line test allows the Illinois police officer to determine if drivers are able to perform cognitive and physical tasks simultaneously. For the walk the line test the officer will ask drivers to stand on a real or an imaginary line, face forward, with their arms to their sides. The driver is than asked to walk 9 steps down the line, turn and return. Illinois police officers should use the NHTSA criteria to evaluate a driver’s intoxication level:

• · Drivers are not able to balance on a line.
• Drivers start the test prior to the completion of the instructions.
• The driver loses balance prior to beginning of the test.
• Drivers take the wrong number of steps.
• The driver does not walk heel to toe.
• The driver does not turn properly.
• The driver stops midway through the test.
• The driver has to use their arms to maintain balance.

The test should be performed on a solid, hard, dry surface. Instructions should be given prior to the test. Some drivers with physical limitations may have difficulty performing this test.

One Leg Stand Test

Illinois officers can also test the intoxication of drivers and whether or not they are DUI in Illinois with the one leg stand test. Prior to the one leg stand test the driver should be given directions and a demonstration of the proper testing technique. Illinois drivers are asked to stand straight, arms to their sides, facing forward. The driver should be able to raise one of their feet approximately 6 inches off the ground for 30 seconds. Illinois police officers should evaluate the driver on the four NHTSA testing criteria:

• Is a driver able to maintain their balance with out swaying back and forth?
• Does the driver have to bounce to keep from falling?
• Does the driver lower their foot before the test is completed?
• Does the driver raise their arms to stay balanced?

Did You Fail A Field Sobriety Test?

Drivers can be arrested for DUI if they are under the influence of alcohol and are unable to safely operate a motorized vehicle or if the driver’s BAC is over the legal limit. DUI attorneys in Illinois can evaluate an Illinois DUI arrest and make sure all of the proper DUI testing procedures were followed and the Illinois police officer had probable cause for a DUI arrest. Drivers may be able to legally refuse am Illinois field sobriety test, but it may not stop officer from arresting the driver for DUI.

San Francisco drivers who have been arrested for a DUI in California should contact a San Francisco DUI lawyer. It is unlawful for drivers to operate a motor vehicle if they are under the influence of drugs or alcohol or if their BAC or blood alcohol concentration is 0.08% or higher. A San Francisco DUI attorney can review the driver’s DUI case and take immediate action to either help get the DUI charges dismissed or lowered.

San Francisco drivers who are convicted of DUI may face penalties including:

• Jail time

• Large penalties and fines

• Suspended or revoked driver’s license

• Increased San Francisco car insurance premiums

• Installation of an Ignition Interlock Device

• Probation

Waiting to contact a DUI attorney in San Francisco is a mistake. Many San Francisco drivers assume it is best to plead guilty or no contest especially if it is their first DUI arrest, and under certain circumstances this may be the best choice, but it is always a good idea to consult with a DUI criminal defense attorney to make sure the driver understands DUI laws and how a DUI conviction can affect their life. Most San Francisco lawyers offer a free consultation to discuss a DUI arrest. DUI convictions in the state of California can be a part of a driver’s driving record for at least 7 years. Talk to a DUI lawyer today for more information about your DUI arrest.

San Francisco DUI penalties

San Francisco drivers can be arrested for DUI if the courts find they were “unable to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances” or if their BAC was 0.08 or higher. If a San Francisco driver is arrested, the penalties for DUI are as follows:

First DUI Conviction in San Francisco

• Required to serve a jail term for at least 48 hours

• Required to pay fines from $1,400 to $1,800- DUI fines must be either financed or paid with in 45 days. The court may allow the driver to perform community service instead of jail time.

• Mandatory drug or alcohol program for 3 to 6 months

• License suspension for at least 10 months, a restricted license may be allowed to attend school or go to work

• Required probation of 3 to 5 years

Second DUI Conviction in San Francisco

• Required jail term for a least of 96 hours

• Mandatory attendance in a program for drug or alcohol abuse

• Required to serve probation for 3 to 5 years

• Required to pay $1800 – $2800 in fines and penalties

• Required 18 month driver’s license suspension, the court may allow drivers to apply for a restricted license but not before the license is suspended for at least 12 months

Third DUI Conviction in San Francisco

• Mandatory probation for 3 to 5 years

• Required jail term for at least 120 days

• Required to pay penalties of $1800-2800 in fines and penalties

• Mandatory driver’s license suspension for 18 months up to 3 years

• The court also may require a driver to install an Ignition Interlock Device

A DUI arrest in San Francisco is not like other moving traffic violations. Penalties can be very severe. If a driver has multiple DUI arrests or if they have severely injured or killed another person, they could be charged with a felony DUI and spend years in prison. California DUI attorneys can help. Find a DUI lawyer who is knowledgeable about San Francisco DUI laws and can help review your DUI arrest and either negotiate a reduced sentence or get the DUI charges dismissed. Obviously, no DUI lawyer can guarantee a dismissal, but a San Francisco lawyer can give you a strong voice in a busy, over-crowded DUI court system.

Find a San Francisco criminal defense attorney who has experience handling San Francisco DUI cases. If you have been charged with DUI in San Francisco you need a focused lawyer who specializes in DUI charges. A San Francisco DUI lawyer can be a strong advocate for you through out the DUI legal process.

California DUI lawyers can help all California drivers who have been arrested for DUI. California laws make it illegal for any driver to drive “under the influence” or DUI of any alcoholic beverage or drug. California DUI laws consider drivers DUI if they are “unable to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances”. California field sobriety tests provide officers with the tools to identify drivers who are DUI and are best used to determine if a driver is driving with a BAC of 0.08% or higher- which is illegal in every state.

Drivers who are arrested for a California DUI should contact a DUI attorney in California. Failing to get adequate DUI help can result in stiff California DUI penalties including:

• High fines
• Jail time
• Installation of an Ignition Interlock Device
• Mandatory drug and alcohol counseling
• High insurance cost
• Driver’s license revocation or suspension

Field Sobriety Testing Process in California

Standardized in the late 1970s by the National Highway Traffic Safety Administration (NHTSA) with the help of the Southern California Research Institute, field sobriety tests have become a valuable tool for law enforcement officers through out the United States. Although not 100% accurate, field sobriety tests do provide additional evidence of DUI and can help a California police officer establish probable cause for a DUI arrest. Field sobriety testing accuracy is increased if the officer:

• Uses the proper field sobriety testing procedures outlined by the NHTSA
• Evaluates the field sobriety testing results correctly with the NHTSA testing criteria

Horizontal Gaze Nystagmus

California police officers can use the HGN or the horizontal gaze nystagmus to test a driver’s nystagmus or the “congenital or acquired persistent, rapid, involuntary, and oscillatory movement of the eyeball”. Nystagmus is common in all drivers but intoxicated driver’s nystagmus is more exaggerated. For the HGN test the officer is evaluating the following NHTSA criteria:

• The California driver’s ability to follow an object smoothly
• If the Nystagmus is distinct when the eye is at maximum deviation
• If the angle of onset of nystagmus is prior to 45 degrees

For the HGN test, the California officer will ask the driver to follow an object, most often a small flashlight or pen, as the officer moves it slowly in front of the driver’s face from left to right. Sober drivers should be able to trace the outline of the object with their eyes (holding their head steady) with a smooth, coordinated motion.

Certain medications, inhalants or barbiturates can interfere with the tests. Additionally, drivers who have a congenital eye defect, neurological condition, extreme fatigue or severe head trauma may also not be able to successfully finish the HGN test. The NHTSA has determined through their research that this test is 88% accurate if sufficient clues are identified.

Walk the Line Test

The walk the line test is the second component of the California field sobriety test, and it is used to determine a driver’s cognitive and physical capabilities while performing a series of simple tasks. Drivers are first asked if they have any back, head or neck injuries which would make it difficult to complete this test. Drivers are than asked to stand straight with their head forward and their arms to their sides. California drivers must take 9 steps down a real or imaginary line, turn and walk back. All of the steps should be made heel to toe, and the driver should keep their arms to their sides. The NHTSA has outlined the following criteria to evaluate a driver’s performance:

• · Did the driver step off the line?
• · Did the driver wait to start the test until the California officer completed the instructions for the test?
• · Did the driver maintain their balance as the instructions were read or did they fall, hop or sway?
• · Did the driver walk the correct number of steps?
• · Did the driver walk heel to toe?
• · Did the driver turn properly?
• · Did the driver stop before the test was completed?
• · Did the driver use their arms for balance?

The walk the line test should be performed on a flat, dry surface. The California driver should be allowed to remove any foot wear which could hurt the testing results. The NHTSA has determined that 79% of drivers who fail two or more testing criteria will have a BAC of 0.08% or higher.

One Leg Stand Test

California drivers may also be asked to perform the one leg stand test, which like the walk the line test, is a test of the driver’s ability to complete simple mental and physical tasks. For the one leg stand test, the California driver is asked to stand straight, head forward and arms to their sides. The driver must raise one of their feet 6 inches off the ground for approximately 30 seconds. The California police officer will evaluate the driver on the following NHTSA criteria:

• · Did the driver stay balanced with out swaying back and forth?
• · Did the driver have to jump or hop to stay balanced?
• · Did the driver have to put their foot down before the test was completed?
• · Did the driver have to use their arms to maintain their balance?

In Conclusion

California field sobriety tests are a valuable tool for law enforcement officers to establish probable cause for a DUI in arrest in California. They are not perfect, and officers can make mistakes and misinterpret the DUI testing results. California drivers who have failed a California field sobriety test need DUI help from a California DUI lawyer. Failing a field sobriety test, refusing to take a field sobriety test or being arrested for DUI in California can have severe penalties. Contact a DUI California lawyer for more information about your DUI arrest.

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.

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.

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.

If you are arrested for a DUI or DWI, driving under the influence of drugs or alcohol, you may be interested in fighting the case for a number of reasons. Maybe the breathalyzer was wrong, which does happen. Maybe you were not driving. Maybe you face jail time. Or maybe you believe the officer did not do the arrest properly, such as not giving you a Miranda.

This guide gives key tips on how to fight a DUI charge. First, let’s talk about how the court hearing will work, where you plead your case in front of a judge.

The Arraignment for a DUI
This is where you will be entering your plea of not guilty or guilty. It’s smart to have an attorney from the very beginning. You will be set on bail and in most cases for your first offenses you’ll be released after the arraignment.

Since you are asked to enter a plea, you may be worried if you want to change your mind. Say for example you enter a plea of not guilty, and you want to fight the charge. After discussing it with your DUI lawyer, you see problems in your story and maybe you were in the wrong. In any case, you can change your plea differently later.

One other important note is that, during this arraignment, if you’re being charged with prior DUIs, you should deny these. Why? If you challenge them, your attorney can fight them later and likely help your case if charges are made.

Options After the Arraignment
You can plead guilty as charged, plea bargain for a reduced charge, and also choose between asking for a trial by a judge or having a jury.

Fighting The DUI Charges
If you plead not guilty to DUI charges, what are your chances? It depends on the situation. You simply must have a DUI lawyer if you intend to fight the charges. Why? A specialist in DUI law can save you from making big mistakes and losing the case.

If you fight the charge of your DUI, saying perhaps you had drank some but weren’t over the limit, you must offer the judge or jury proof of this in some way; this can be an incorrect breathalyzer test. It depends on how you were tested for BAC, blood alcohol level. The legal limit in all 50 states is 0.08% and above. If you are very close to that, if the officer tested you at 0.085 for example, or 0.09, you have a good chance of questioning the validity of the charges. If on the other hand you tested very highly, most judges and juries will question your honesty in fighting the charges. This means if you get  a 0.012 or higher, you’ll have a tough time convincing anyone your innocent.

Hiring a DUI Lawyer
Before you do any plea bargaining or fighting, make sure you hire a lawyer who specializes in DUI law. He or she can tell you more about your exact chances. It’s simply a must if you intend to fight DUI charges. Since not all tests are always accurate, especially in terms of testing blood alcohol levels, and since some officers do not follow protocol completely, a lawyer might be able to force the prosecution to make a deal or even drop the case against you.

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 3^rd 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.