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.

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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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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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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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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.

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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.

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Technically, DUI means driving under the influence of some type drug. Under Maine’s Bureau of Motorized Vehicle (BMV), the definition for DUI under code §2401 states “Under the influence of intoxicants” means being under the influence of alcohol, a drug other than alcohol, a combination of drugs or a combination of alcohol and drugs.

The same code defines “OUI” as operating under the influence of intoxicants or with an excessive blood-alcohol level. OUI in Maine is similar to the term DWI used in other states. DWI means simply driving while intoxicated, and in many states, refers to the use of alcohol.

The use of DUI and OUI can be interchangeable, but OUI usually refers more to the severity the drug has metabolized within the offending person’s body. Convicted first time offenders can receive jail time, a stiff fine, and driver’s license suspension with a conditional reinstatement for one year. The conviction, even a first time conviction, stays on your record permanently.

According to a news article in dui.com and posted July 14, 2009, “Effective today, those stopped for suspicion of driving under the influence in Delaware will be facing twice the fines, and repeat offenders could be sentenced to jail for up to 15 years.” All across our nation, whatever term you refer to drinking and driving or drunk driving, states are clamping down on these type traffic violations.

When you face these kinds of charges, it is no time to handle your case all by yourself. You may need an attorney who  understand the subtle differences in the legal jargon of Maine law, and who specializes in representing YOUR best interests.

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Technically, DUI means driving under the influence of some type drug. That can mean alcohol, prescriptions, or illegal drugs. DWI means simply driving while intoxicated, and in many states, refers to the use of alcohol. The use of the terms can be interchangeable but DWI usually refers more to the severity the drug has metabolized within the offending person’s body. The Virginia Vehicle Code § 18.2-266 says it shall be unlawful for any person to drive or operate any motor vehicle, engine, or train:

• while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article,
• while such person is under the influence of alcohol, while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely,
• while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or while such person has a blood concentration of any of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood.

Any confusion of terminology used comes from Virginia’s use of the word “impair” in their vehicle codes. The term or variation of the word is often used interchangeably with intoxication. So, DWI becomes driving while impaired. Most agree that being impaired is a lesser degree of intoxication but certainly means being under the influence of the related drug.

Convicted first time offenders can receive stiff fines, revocation of license for a year, jail time, and mandatory attendance of the Virginia Alcohol Safety Action Program (VASAP). The conviction, even a first time conviction, stays on your record permanently.

Effective July 1, 2004, Virginia changed many DUI penalties, increasing their severity. Whatever term you refer to drinking and driving or drunk driving, states are clamping down on these type traffic violations. When you face these kinds of charges, it is no time to handle your case all by yourself. You need an attorney who understands the laws involved in such cases. Contact us so that we can help you get in contact with a DUI lawyer who can help you understand the subtle differences in the legal jargon of Virginia law, and who is ready to represent your best interests.

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Technically, DUI means driving under the influence of some type drug. That can mean alcohol, prescriptions, or illegal drugs. DWI means simply driving while intoxicated, and in many states, refers to the use of alcohol. The use of the terms can be interchangeable but DWI usually refers more to the severity the drug has metabolized within the offending person’s body. According to Hawaii’s Vehicle Code §291E-1, “under the influence of alcohol ” means an amount of alcohol sufficient to impair the person’s normal mental faculties or ability to care for the person and guard against casualty. Here, the word “impair” comes into play, and is often associated with the terms “intoxicated” and “influence. For practical purposes, all three terms are interchangeable.

Convicted first time offenders of a DUI in Hawaii can receive jail time, a stiff fine, and license suspension.

Excerpts from a news article entitled “Arrests Up for Hawaii DUI in Honolulu” and posted on January 20, 2009 on the dui.com website, reads: “The Honolulu Police Department has released figures showing an increase in the number of arrests for driving under the influence in Hawaii. Nearly 400 more motorists were charged with suspicion of DUI in Honolulu in 2008 than the previous year. That continues an eight year trend reflective of increased law enforcement efforts.” Whatever term you refer to drinking and driving or drunk driving, states are clamping down on these type traffic violations. When you face these kinds of charges, it is no time to handle your case all by yourself. You need an attorney who specializes in such cases. Contact DUIAttorneyHome.com to help you get in contact with a traffic lawyer who can help you understand the subtle differences in the legal jargon of Hawaii law, and who specializes in representing YOUR best interests.

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Technically, DUI means driving under the influence of some type drug. That can mean alcohol, prescriptions, or illegal drugs. The term DUI is not commonly used in the legal system in New York State. DWI means simply driving while intoxicated, and in many states, refers to the use of alcohol. The word “intoxicated,” in New York, refers to a motorist whose alcohol has rendered physically and mentally incapable of driving a vehicle in a reasonable and prudent manner. The use of DUI and DWI can be interchangeable, but DWI usually refers more to the severity the drug has metabolized within the offending person’s body. The blood alcohol content (BAC) for the offending motorist to be labeled as DWI is .08%.

New York complicates the meaning of the term by introducing another term named Driving While Ability Impaired (DWAI). The word “impaired” means that a motorist’s physical and mental abilities necessary to operate a vehicle in a reasonable and prudent manner have been actually impaired, to any extent, by alcohol. This term is closely related to DWI because it deals with the amount of alcohol that has been absorbed in the offenders blood stream. For a DWAI offender to be convicted, they must must leave the perception their BAC is at least .05% and less than .08%. DWAI is prosecuted as a “common”law and carries a lesser charge than DWI, which is prosecuted as a “per se” law. In New York, a person accused of DWI immediately has their license suspended, but if they are accused of DWAI, they will be able to drive until they have been convicted.

Like most states today, first time convictions of any act involving driving and the use of drugs in New York carry severe consequences. Either a DWI or DWAI conviction can result in high fines, jail sentences, surcharges on top of fines called Driver Responsibility Assessment, license suspension, issuance of a conditional license, participation in the Drinking Driver Program (DDP), vehicle impounded, probation, and community service.

According to the Buffalo News, City & Region, dated August 14, 2009, twelve DWI arrests were made in Western New York on June 6, 2009. Arrests were made in Buffalo, Batavia, Alden, Darien, Cheektowaga, Amherst, and Newstead. The charges ranged from DWI to felony DWI. Whatever term you refer to drinking and driving or drunk driving, states are clamping down on these type traffic violations. When you face these kinds of charges, it is no time to handle your case all by yourself. You need an attorney who specializes in such cases. Contact us today to help you get in contact with an attorney who can help you understand the subtle differences in the legal jargon of New York law, and who specializes in representing YOUR best interests.

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