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The TRUE cost of a DUI guilty plea

There is a huge misconception among people who have been arrested for a DUI that hiring a lawyer is too expensive and too much of a hassle. That is just not the case. Heading to court and pleading guilty to your DUI can cost you more than you think. The truth is hiring a DUI lawyer to fight your case may cost less money than the heavy fines and other expenses you will pay if you plead guilty. Here are some ways a DUI guilty plea can empty your wallet.

Transportation.  You need to get to work, right?  What if there is no bus, what if your friend or co-worker can’t take you?  Even if you only take a cab 2 days per week just to work and back, it could cost you more than $700 in cab fare.  (Assuming that you live 10 miles from work and your suspension is for six month.)  That’s more than two car payments, which you’ll still be making even while you’re not driving.

Insurance Rates. After a DUI arrest, if your car insurance doesn’t drop you, your monthly rate will raise at an average of 30%. Most DUI offenders will have to pay increased ratesfor three years, plus the fee with filing an SR-22. On average, you are most likely to pay an extra $500 per year for the next three years if you plead guilty to a DUI.  That’s an additional $1500 than what you’re already paying for insurance.  Unbelievable!

Ignition Interlocks. Ignition interlocks are becoming increasingly more popular as a penalty for those convicted of DUI. If you are required to install an IID, you need to pay for it. On average it costs about $60 to install an interlock, plus a monthly fee of about $60. If you are required to install an interlock for a year (which is a typical requirement), you will need to fork over at least $780.

Court Costs and Fees. It is important not forget those heavy fines you will need to pay if you get convicted of a DUI. Although it varies from state to state, you could pay up to $1200 in court fees if you get convicted.  Also, remember that depending on the severity of your DUI, these costs can go up exponentially.

Alcohol Education Classes. Alcohol education classes are a major requirement for anyone convicted of a DUI. Again, you’re responsible for paying the class fees. Although each state has different types of education requirements, it could cost you up to $2,000.

License Reinstatement. Even after you fulfilled your punishment and think this whole process is over, you’ll be slapped with another fine just to get your license back. This can cost you around $250.

Altogether, you’re looking at some major financial commitments.  Don’t forget that these are just averages.  In some states, these costs are nearly double!  Also, these fines are only the average minimum.  If you have any other extenuating factors with your DUI conviction, you will likely see these numbers multiply.

Hire a DUI attorney.  It’s worth the investment, and it’s cheaper than a guilty plea!  Get someone you feel comfortable with and has knowledge of the local DUI laws.  Ask questions and do your homework.  Hire a DUI attorney who can represent you and help you fight for your rights, your freedom and the privilege to keep your hard-earned money!!

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Pulled Over For DWI In Long Beach

It is illegal for drivers in Long Beach and all surrounding cities including: Santa Ana, Los Angeles, Santa Monica, Riverside and Pasadena to drive under the influence (DUI) of drugs or alcohol if they do not have the ability to drive safely or if the driver’s BAC is 0.08% or higher. Long Beach police officers have a variety of tools to identify Long Beach drivers who may be intoxicated including field sobriety tests, observation and chemical testing. Common driving actions which can lead a police officer to believe a driver is intoxicated include:

  • Making wide turns
  • Illegal turns
  • Speeding
  • Driving too slowly
  • Stopping and starting unnecessarily
  • Driving on the wrong side of the road
  • Driving with out lights on at night

Long Beach drivers arrested in Long Beach, California, can contact a Long Beach DUI attorney to discuss their DUI case. Long Beach DUI lawyers understand California DUI laws and can take immediate action to review the DUI evidence and develop a DUI defense. Long Beach drivers may receive DUI penalties including: jail time, fines and penalties and license revocation. DUI convictions can also stay on the Long Beach driver’s records for a minimum of 7 years.

If you have been charged with DUI and your license was suspended because you refused to take a chemical test, you have 10 days from the date of your DUI arrest to request an Administrative Hearing and challenge the license suspension. Do not wait to talk to someone; call a DUI lawyer today.

Long Beach DUI penalties

The DUI penalty information provided below is general information and may change as the California legislature updates their DUI laws. Talk to a Long Beach DUI attorney for specific information regarding your DUI case.

First DUI Conviction in Long Beach

·         Long Beach drivers may be sentenced to jail for a minimum of 48 hours.

·         Long Beach drivers must pay fines of $1,400 to $1,800.

·         Drivers may face a 10 month license suspension. Under certain conditions the court may allow a hardship license.

·         Long Beach drivers must complete a 3 to 6 month drug and alcohol rehabilitation program.

Second DUI Conviction in Long Beach

·         Long Beach drivers are required to spend a minimum of 96 hours in jail.

·         Long Beach drivers must pay fines of $1,800 to $2,800.

·         Drivers must serve 3 to 5 years in probation and their Long Beach license may be suspended for a minimum of 18 months. The courts may allow a restricted license.

·         Long Beach drivers must complete a drug and alcohol education program.

Third DUI Conviction in Long Beach

·         Long Beach drivers must spend 120 days in jail.

·         Long Beach drivers must pay fines of $1,800 to $2,800.

·         The courts may suspend a driver’s license for 18 months up to 3 years.

·         Long Beach drivers must also install an Ignition Interlock Device in their vehicle.

Hiring a Long Beach DUI Lawyer

DUI laws are outlined in California DUI statutes and can be very complex. Maybe you are confused about the types of DUI penalties you may receive or what factors the DUI courts will consider before sentencing you. There are several factors which can influence your DUI penalties including:

  • Have you had a prior DUI conviction in the last 10 years?
  • Did you have a child in the car who was under the age of 14?
  • Were you travelling more than 20 mph over the speed limit?
  • Did you submit to a chemical test?
  • Was your BAC over 0.15%?

Other factors can also affect the outcome of your DUI case including the judge and the prosecuting attorney. Finding a good, hard working DUI lawyer to defend you is very important. Do not let an aggressive prosecuting attorney pressure you into accepting a plea with out discussing your DUI case with an attorney in Long Beach. Unfortunately, there are hundreds of DUI cases prosecuted in Long Beach courts each year, and it is easy to become simply a number in an over-crowded legal system. Talk to a DUI lawyer in Long Beach to get the DUI help you need.



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Consequences Can Be Harsh For A Florida DWI Arrest

Hundreds of defendants are charged with DWI each year in Florida and severe penalties are imposed especially if a defendant does not take the time and effort to find the proper legal representation and hire a DUI lawyer. Hiring a Florida DUI attorney after a DUI charge can eliminate the sometimes negative repetitive outcomes for DUI cases.

Florida criminal defense attorneys have represented DUI defendants throughout the state of Florida. DUI lawyers understand DUI laws and have experience defending DUI cases. They can help you get the best outcome possible following your DUI arrest.

What is a DUI?

A Florida driver can be found guilty of a DUI if he is operating a motorized vehicle and the following criteria are met:

  1. The driver’s mental or physical faculties are impaired by consuming of any type of chemical substance or alcoholic beverage.
  2. The driver’s blood alcohol level is 0.08% or more grams of alcohol per 100 ml. of blood.
  3. The driver’s breath alcohol level is 0.08% or more grams of alcohol per 210 liters of breath.

Penalties for DWI in Florida

First offense

Drivers who are convicted of a DUI for the first time are charged with a misdemeanor. Other penalties include:

  • Jail time for up to 180 days or probation for up to 1 year but the two combined can not be more than 1 year.
  • Required to pay a fine of $250 – $500
  • A choice between 50 hours of required community service or paying $10 per hour for each hour of required community service
  • License is suspended for six months to one year
  • Required to attend a alcohol abuse education course
  • Required impounding of one of the driver’s cars for ten days.

If the driver was found to have a BAC which was over 0.15% or if there was a child in the car, they will have additional penalties assessed against them including:

  • Required jail time for 270 days
  • 6 months required installation of an Interlock Ignition Device.
  • Required to pay a fine of $1,000 – $2,000
  • Potential license revocation for 180 days to one year

Second offense

The second offense is still considered a misdemeanor charge. If the driver’s first conviction is more than five years before their second they will have the following penalties assessed against them.

  • Required probation for up to one year
  • Required to pay a fine of $1,000 – $2,000
  • Suspended license for 6 months to one year
  • Required attendance of an alcohol education program
  • 270 day jail term
  • Impounding of all of the driver’s cars for 10 days
  • An Interlock Ignition Device must be put in the driver’s car for at least one year

If the driver was found to have a BAC which was over 0.15% they will have additional penalties assessed against them. In addition, if the second DUI charge occurs less than five years from the date of the first charge enhanced penalties are assessed against the driver.

Third offense

For Florida drivers whose second DUI conviction was more than 10 years before their third offense, they will be charged with a misdemeanor and be assessed the following penalties:

  • Required to serve a sentence in jail for 364 days
  • Required to pay a fine of $2,000 – 5,000
  • Required probation for up to one year
  • Suspended license for 6 months to 1 year
  • Required installation of an Interlock Ignition Device for two years
  • Mandatory attendance of an alcohol education program
  • All of the driver’s cars are impounded for 10 days

If the driver was found to have a BAC which was over 0.15% they will have additional penalties assessed against them. If the third DUI charge occurs less than ten years from the date of the second charge additional penalties are assessed and the charge is considered a 3rd degree felony charge.

Fourth offense

Drivers who are convicted of a DUI for the fourth time are charged with a felony. Additional penalties include:

  • Possible fine of $1,000 – $5,000
  • Lose of drivers license permanently and no hardship license will be issued
  • Required jail sentence of up to five years
  • Impounding of all of the driver’s cars for 10 days

Penalties may vary based on the length of time from the 3rd DUI conviction. A Florida DUI attorney can review your BAC information and the number of DUI charges which are on your record and provide more detailed information about the potential charges you may face if you are convicted of a fourth DUI.



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What To Do After a DUI

If you are charged with a DUI, you may wonder what to do next. There is cause for worry. However, you have more options than you think. You should always consult with an experienced DUI lawyer, one who is local, one you can afford, and one you can communicate with. Let’s find out what to do after you get a DUI.

Hire a Lawyer
You always need an experienced lawyer. You may think you should simply accept the charges given to you. Never plead guilty to DUI charges. You want a lawyer experienced in the court room. You want a lawyer who you can work with for some amount of time. DUI charges are a long process. You may be in and out of the court room for months. However, you may be found innocent, or you may lessen the charges some.

Question Charges
You may face excessive fines, jail time, and a suspended license. This can change your life greatly. You may not be able to get to and from work without a ride. You may owe hundreds if not thousands of dollars. And you may face some excessive time in jail. You should always question these charges. Simply because you are charged with a DUI does not mean you are guilty. The breathalyzer test is not always accurate. Sometimes the officers infringe on your rights. Maybe you are never told of your rights but. In any case, you will have to fight for our rights.

Facing Charges
You have a better chance with an experienced DUI lawyer. As noted, you should question the charges. You may be found innocent. With DUI charges, you have to be at .08 or above to be charged with a DUI. If you are under age, the laws are different. What happens in court? Your lawyer will be negotiating for you. You have the option of judge or jury, but most court rooms use judges to make decisions on cases. You will be questioned on what happened, but even if you lose you have a chance in appeals court. In appeals court, if what happened in the original court case is found to be wrong, you may have a chance of being found innocent.

Moving On
Unfortunately, most DUI charges are not for first time convictions. Many of us make the mistake of being penalized for more than one DUI. The more DUI charges you get, the more penalties you get. You will face longer jail time. You will face more charges. You may lose your license for a longer period. If you get more than one DUI, you may be charged with a felony. You can move on. The best thing you can do is avoid getting that second DUI. Do whatever you can to avoid it. Call a cab. Ask a friend to help. If you are charged with further DUIs, it will be difficult to move on, but you always have a chance.

While you may think drinking and driving is a minor offense, thousands of lives are lost every year to it. By drinking and driving, you put others and yourself in danger. If you are charged with a DUI, it’s time to consult with an experienced DUI lawyer.



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What happens after a DWI arrest in Nashville?

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?



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Defending A DWI In Seattle

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.



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Understanding The Field Sobriety Test In Illinois

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.



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Charged With DWI In San Francisco?

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.



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What Happens During A California Field Sobriety Test

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 thecongenital 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.



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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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