Facing a DUI or DWI case? Seek legal assistance

One of the most common causes of vehicle accidents in the U.S. is Driving under the Influence (DUI) or also known as Driving While Intoxicated (DWI). Collisions involving drunk drivers are also considered more dangerous than those caused by drivers who are not intoxicated. This is because drivers under alcohol influence often do not pay attention on the road anymore, which puts many lives at risk. Because of this, offenders with this type of case often face terrible charges and consequences such as:

• Imprisonment

• Suspension of driving license

• Installation of an ignition interlock device

• Higher auto insurance rates

• Alcohol and drug rehabilitation classes

• Denial to travel to foreign countries

• Professional and employment license consequences

These are just some of the penalties imposed against drivers facing a DWI or DUI charges. If you have committed DUI and the parties involved have charged you for liability, you should consult with an experienced defense lawyer specializing in DUI and DWI laws.

An experienced and reliable attorney will be your last resort to avoid facing the charges mentioned above. Once a party has filed a lawsuit against you, you should take several important actions to defend your case. There are two basic steps that you should accomplish to prevent the suspension of your license.

First is the criminal action that will take care of the ticket that has been issued to you. The second step is the administrative action to handle the lawsuits that were charged against you. Remember that you only have limited number of days to do the administrative action. Depending on which state you are located, you will only be allowed about 10 to 15 days to submit your request to preserve your right to attend an administrative hearing.

Before the hearing you will undergo several checkups to determine your Blood Alcohol Content (BAC). Generally, the result of your BAC test should not exceed .08, although this also varies from state to state. With the help of your attorney, you will know how to prepare for such tests. Just make sure your lawyer has already handled similar cases in the past to ensure that you are in good hands.

DUI/DWI laws are made to warn drivers who like to drink and drive. If you are one of them, you can still get away with driving while in alcohol influence. You can install ignition interlocks to ensure your safety in case you lose control of the vehicle. But still, it would be better if you stop DUI completely. Aside from the fact that it puts your life at risk, it can also cause you a lot of financial problems. Just drive safely, and you will live a worry and expense-free life.
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Do I Need an SR22 After a DUI?

Most states require some proof of coverage before restoring full driving privileges to those who have been convicted of driving under the influence. In these cases, an SR22 form meets that requirement by stating to the local Department of Motor Vehicle that the offender has at least minimum insurance coverage. When the insurance provider submits the certification to the DMV, any driving suspension is removed. Should the driver subsequently cancel his policy or let it lapse after he has obtained an SR22, the insurer is obligated to inform the DMV of the updated status. In most cases, the driving privileges are then revoked.
An SR22 is required in most states and in almost all cases where the driver was operating a motor vehicle while under the influence, even if that driver had insurance coverage. In cases not involving a DUI, a driver may still have to submit a SR22 if he had no proof of insurance at the time the he was pulled over. This is especially true is the driver was at fault for an accident. The SR22 does not exempt the driver for any fines he may have incurred for driving without proof of insurance.
If a driver had coverage at the time of a DUI offense, his insurer may respond in one of two ways: either raise his premiums due to an increasing point count or cancel the policy entirely. A cancellation will automatically be a demerit on the driver’s history and he will then be considered a “high-risk” driver. Subsequent insurers will require higher premiums because of this designation. In some states, an insurer is prohibited from cancelling a policy before its term has expired. Drivers should check with their state’s DUI laws to determine if they have similar pre-cancellation protection to avoid this mark on their credit history.
Depending on state law, a driver’s insurance status may be affected for a minimum of three years for a first driving conviction. The time lengthens with every subsequent conviction. In some states, if injuries resulted from the DUI, penalties are increased, especially in cases involving a child. These enhanced penalties also apply to drivers under the age of 21 or to drivers whose blood alcohol levels exceeded a statutory limit.
In most states, a driver with a blood alcohol level of over .08 is considered to be legally intoxicated. In at least 40 states, penalties are doubled if the driver’s blood alcohol level registers at .15 or .20.
Although some insurers do not provide SR22 certification, many do. When a driver requests an SR22, he is automatically categorized as a high-risk driver and his premiums will be much higher than those given to non-risk drivers. The SR22 form is similarly named in every state, so if a driver should have to move, he or she can have an SR22 filed with the local DMV in their destination state.
Those seeking SR22 certification should find out whether their current provider offers this type of certification and what it will cost in increased premiums. If their provider does not offer an SR22, they need to shop among those insurers who do offer this certification to compare premiums. Some insurers do not offer comparative rates, so a driver might have to find an independent agency to shop around for providers who will meet the driver’s particular financial needs. These agencies often have better access to insurance rates and can offer optimal quotes.
For those drivers who are facing financial hardships, some states offer limited permits to operate a moving vehicle that is required to travel to or from work. The driver must show in this case that not being allowed the permit to drive will adversely affect his or her financial status.
Once a driver receives SR22 certification, he should make every effort to maintain an unblemished driving record. Any subsequent violations may result in a revocation of their SR22 privilege.
Most states require an SR22 for major convictions such as a DUI or DWI, driving while license suspended or revoked and at fault accidents without insurance to name a few. Visit Southeast Insurance Agency for your next dui car insurance quote today.
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A Guide to DUI California Laws

Are you in the habit of driving your vehicle while under the influence of alcohol? If you live in California this article will help to enlighten you on the DWI laws applicable in that state. Each state has different DWI laws but the underpinning principle is the same – do not drink and drive. The law is taking a very hard stand against people who drink and drive and if you hit someone while under the influence, heaven help you!

California DWI laws set forth the drunk driving statutes in the Vehicle Code and comprise the following laws:

A zero tolerance law applies to drivers under the age of 21 with a blood alcohol content of 0.01%. It is unlawful for such a person who has been an alcohol screening test to drive a vehicle.
Anyone under 18 years of age who is convicted of driving while intoxicated will have their license revoked until the age of 18 or for a period of one year, whichever is the longer term.
Anyone caught driving a vehicle while intoxicated will be given jail time, have their license suspended, put on probation and sent to an alcohol treatment program. The duration of jail time and license suspension increases with the number of violations. A habitual offender will be ordered to install an ignition interlock device.
Causing bodily harm while driving under the influence of alcohol will get you jail time, fine, license suspension and attendance at a treatment program.
Drivers are not allowed to have any alcoholic beverage open while driving the vehicle.
Anyone under the age of 21 is not allowed to drive a vehicle with alcohol in it and loss of license and vehicle impoundment will result if caught.
Anyone convicted a fourth time for a DWI offence within a period of 7 years will go to jail and possibly state prison.
The penalty for causing death or serious bodily injury to another person while driving under the influence of alcohol will earn additional jail time for each person injured; anywhere from one to three years will be added on to the sentence.
Anyone refusing to submit to testing or failure to comply with the officer’s request will face jail time, fine and license suspension.
Anyone speeding while under the influence of alcohol will be given jail time and sent for an alcohol treatment program.

When convicted of driving while intoxicated you should take the charges very seriously because convictions of this nature in California have serious and long lasting consequences. Driving while intoxicated is a criminal offence and you are not going to get off with a little slap on the wrist; a criminal record will haunt you for the rest of your life and ruin your chances of good employment as well. Apart from understanding the penalties associated with DWI, you should avoid driving at all when you have had a few drinks – this is the only way to stay out of trouble with the law!
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Prerequisite of California Auto Insurance yet with the Chance of DUI

Although you drive your vehicles very carefully, you can’t predict the future. Accidents will never take your permission to arrive. Moreover you can’t drive legally on California roads unless you have auto insurance. If you are in an auto accident or are stopped by a law officer and do not have proof of California auto insurance, this can be a serious offense and your license and registration can be suspended and you may be heavily fined. The officer may also seize your vehicle for driving without liability insurance. As soon as you purchase a vehicle in California, it becomes important to get auto insurance before you can drive. California auto insurance is the insurance that will legally prevent you from undergoing a case on the accident of your vehicle and that will financially provide for the treatment of injuries caused to you when you come across an accident.

But before the California auto insurance providers offer you the auto insurance you have to fulfill some of their requirements. The following are the requirements for a California auto insurance policy -
• Bodily Injury Liability Insurance – This compensates both the parties injured in a collision between two vehicles.

• Property Damage Liability Insurance – This protects you from the legal after-effects of an accident which has taken place mainly because of your faulty driving.

• Uninsured Motorist Bodily Injury Insurance – This provides monetary compensation for medical treatment of injuries to you or your passage or both in an accident of your vehicle.

DUI entails driving under the influence. DUI is a very offensive act. If ever in life, you are charged with this crime then the consequences will only be worse and humiliating. A DUI in California will affect your ability to get California auto insurance for up to 10 years. In order to be allowed to drive, you need to get a California form SR-22 filed with your insurer. This means you are telling your insurance company that you have a DUI which may cause them to drop you. Dui car insurance not only will dispatch the insurance of your car but also can lead to the confiscation of your driving license.

But not all insurance companies provide SR-22 so your policy may not be renewed and simply get cancelled because the company cannot provide you the policy anymore. If your car insurance company, for any reason does not come to know about your Dui car insurance then you are pretty safe. But if later on the company finds out that you have committed the offense like DUI, then with no other delay they will cancel your policy. Once your California auto insurance policy is cancelled, you can not avail the policy from the top-most companies.

Article Source: http://www.articlefair.com

Legal Advice on DUI and OUI Charges: What to Do?

It depends on the state, but nearly all states have strict laws against driving under the influence or
operating under the influence. Driving while under the influence is an illegal action, which is often
known as a misdemeanor in the court of law.

Some states, on the first offense, will pull your license, impound your vehicle, and throw you in jail.
Once you are at jail you will await to visit the judge, which is the next day, unless you are arrested
on the weekend, then you will visit the judge on Monday the following week. Your blood level must
read 0.8 in most states before you are considered operating under the influence or else driving under
the influence.

Driving under the influence (DUI), operating under the influence (OUI), and driving while under the
influence (DWI) are three terms for similar acts; however, the differences in some states can mean a
difference in the penalty you receive. DUI/OUI/DWI laws are tricky since in few states the law must
have probable cause to pull you over.

If you are not weaving on the highway or committing any crime that lead the officer to believe that
you are driving under the influence, then you may have a chance in the courtroom to fight and win
the case. However, in some states, the law can pull you over regardless and often does not need any
reason as to why you were pulled over.

Still, the law is obligated to read you your rights, and if the officer fails to do so, you may have a
win case. The best advice you can get for DUIs is to avoid drinking drunk altogether. If you plan to
go out on the town, ask someone who is not drinking to go with you. Otherwise, if you had a party
at work and drank some alcohol, you should try to wait at least an hour before leaving the building,
unless you had more than one drank.

Finally, if you are arrested for DUI/OUI, it is in your best interest to plea not guilty and to force the
prosecution to prove that you were in fact under the influence. If you are innocent, it is unlikely that
the prosecution will be able to prove that you weren't.
Article Source: http://www.articlear.com

What Will a DUI Conviction do to Your Driving Privileges?

Being arrested for a DUI can result in a wide range of penalties. Depending on the nature of the circumstances surrounding the arrest, people might be made to pay a fine, attend counseling classes or even spend some time in jail. However, alongside all of these one of the most important disadvantages of being convicted of a DUI is the stripping of a person’s driving license and privileges.

In the event of a DUI charge, different states have different laws surrounding the removal of a person’s driver’s license. In some states, charged drivers are immediately stripped of their licenses, while in other states such individuals are given a window during which their case can be argued before the decision on whether to suspend the driver’s license is taken. Failure to take advantage of this period of grace will then result in the automatic suspension of a driver’s license and privileges. This act is known as either an administrative license revocation or suspension. More often than not, such suspensions are found in cases where individuals have been caught driving above the legal BAC specified limits of the state. They are also found to be independent of an individual’s DUI proceedings at court.

In the event that after their arrest a person refuses to allow the administering of a chemical test (blood, breath, urine or otherwise), most states will usually automatically have the driver’s license of these uncooperative parties suspended. It is therefore a good idea to submit to these tests if a request to this effect is made. An important point to note is that DUI convictions are not restricted to just the boundaries of a state. They will therefore affect your license even if you live in another state.

In order to avoid this and still keep your driver’s license, you will require the assistance of a skilled DUI attorney. With a DUI attorney, the proceedings of a DMV as well as those of the court can be effectively handled. This is crucial because in most cases the decision on whether to suspend your license or not is often affected by the outcomes of a person’s court case. Given the importance of avoiding a license suspension, it is generally advised that such suspensions be fiercely challenged. In the events that this fails, there are other licenses which can be applied for at a DMV hearing which allow the owner special driving privileges limited to specific locations such as work or school. A DUI lawyer will again be hugely beneficial in situations such as these.

The effects of a DUI on your driving record are long reaching and will affect the life of a person even after the return of his license. People who have such records will find that their insurance rates thereafter become much steeper. A DUI conviction will also not sit well with potential employers who wish to hire a person to drive vehicles belonging to the company. A person may well lose the job opening in such instances. All this is possible because once listed in the records of the DMV, the details of a person’s DUI will be open to the viewing of such people. To discover if these records are reflected in your driving record, it is possible to request a copy form the local DMV.

It is wrong to assume that a DUI violation is removed from your DMV record after a period of time (i.e. 5 years). Most times, a DUI will remain on a person’s record for many years. Some states actually insist that these records remain sealed and unchanged regardless of the period of time that has gone by. In the event that a person’s state does permit the removal of these records after a specified period has elapsed, such removals will often involve an extremely long and complex process. A DUI lawyer will be of benefit in such situations. With his/her aid, the removal of these records will be done at a much faster rate.
Article Source: http://www.funpersonality.com

Facing a DUI or DWI Case? Seek Legal Assistance

One of the most common causes of vehicle accidents in the U.S. is Driving under the Influence (DUI) or also known as Driving While Intoxicated (DWI). Collisions involving drunk drivers are also considered more dangerous than those caused by drivers who are not intoxicated. This is because drivers under alcohol influence often do not pay attention on the road anymore, which puts many lives at risk. Because of this, offenders with this type of case often face terrible charges and consequences such as:

• Imprisonment

• Suspension of driving license

• Installation of an ignition interlock device

• Higher auto insurance rates

• Alcohol and drug rehabilitation classes

• Denial to travel to foreign countries

• Professional and employment license consequences

These are just some of the penalties imposed against drivers facing a DWI or DUI charges. If you have committed DUI and the parties involved have charged you for liability, you should consult with an experienced defense lawyer specializing in DUI and DWI laws.

An experienced and reliable attorney will be your last resort to avoid facing the charges mentioned above. Once a party has filed a lawsuit against you, you should take several important actions to defend your case. There are two basic steps that you should accomplish to prevent the suspension of your license.

First is the criminal action that will take care of the ticket that has been issued to you. The second step is the administrative action to handle the lawsuits that were charged against you. Remember that you only have limited number of days to do the administrative action. Depending on which state you are located, you will only be allowed about 10 to 15 days to submit your request to preserve your right to attend an administrative hearing.

Before the hearing you will undergo several checkups to determine your Blood Alcohol Content (BAC). Generally, the result of your BAC test should not exceed .08, although this also varies from state to state. With the help of your attorney, you will know how to prepare for such tests. Just make sure your lawyer has already handled similar cases in the past to ensure that you are in good hands.

DUI/DWI laws are made to warn drivers who like to drink and drive. If you are one of them, you can still get away with driving while in alcohol influence. You can install ignition interlocks to ensure your safety in case you lose control of the vehicle. But still, it would be better if you stop DUI completely. Aside from the fact that it puts your life at risk, it can also cause you a lot of financial problems. Just drive safely, and you will live a worry and expense-free life.
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What to Do: Pulled Over for a Suspected DUI

There's nothing that gets your heart pumping, like seeing the flashing blue and red lights in your rear view mirror. Especially if you've had a drink or two before it happens. What's more important than anything is keeping your head, and knowing how to acct.

First of all, remain calm. Pull over and park your car immediately. Keep your hands visible, turn off your radio, turn on the interior light, and get your license and registration ready (you are required to provide this to the officer). Do not get out of your car unless instructed by the officer, as doing so gives the officer a reason to become defensive, as he has no idea, for instance, if you are in possession of a weapon.

At this time, it would be a great idea to mind your P's and Q's. Starting with a little respect and courtesy. Don't argue, don't berate the officer for pulling you over. Nine times out of ten, it's better to say little to nothing.

The officer now asks the dreaded question: Have you been drinking tonight? You do not have to answer this. It is fully within your rights to plead the Fifth Amendment so as not to incriminate yourself. This refusal to speak cannot be held against you as evidence in court.

On the flip side, being honest isn't always the best policy. Not that we would recommend that you think in your head, No Officer I haven't been drinking fruit punch in the last 12 hours, while you answer no. It's just best that for the most part you answer as little as possible.

If the officer asks you to step out of the car to perform a field sobriety test- follow a penlight with your eyes, stand on one leg, recite the alphabet backwards, etc.- you can legally refuse to do so. Such subjective tests are not standardized or reliable indicators of inebriation; in addition, most law enforcement personnel (especially the ones most likely to be pulling you over) are usually not fully or properly trained to administer these anecdotal tests.

These sobriety tests are not to be confused with chemical tests- blood, urine, or breath tests, which chemically measure the amount of alcohol in a person's system. Florida, along with every other state except Nevada, has an Implied Consent Law. This law states that upon receiving a valid Driver's License you have given consent to taking one of these tests if suspected of DUI; and upon refusal, your license will be suspended. Therefore, it is in your best interest to agree to a chemical test. If the test finds your BAC (blood or breath alcohol content) above the legal limit of 0.08% you will be convicted of DUI.

If the test turns out positive, it is still worth it to remain calm and courteous. As long as you cooperate you are in a much better position to be given some leniency. Becoming hostile or arguing are pretty much a guarantee that you'll be charged to the full extent. If you consult with an experienced attorney to represent you, you have the greatest chances to come out of this experience with as little harm as possible.
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As Women Drink More, Female DUI Arrests Rise, Statistics Show

A report in the Associated Press explores the growing number of women who are found behind the wheel and under the influence of drugs or alcohol.

Lisa A. Flam also notes that women are more likely than men to be intoxicated behind the wheel with children in the car.

Nationwide data shows that men still drink more than women and are the primary demographic involved in DUI, but the gap is closing. The rate of men arrested for DUI has actually fallen while the rate of women involved has risen.

There are numerous theories as to why women are involved in growing numbers of DUI cases. They may be feeling greater pressures at work or at home, or both, and these pressures may see them on the road more frequently while also prompting more reckless behavior in some cases.

"Younger women feel more empowered, more equal to men, and have been beginning to exhibit the same uninhibited behaviors," says Chris Cochran of the California Office of Traffic Safety.

Another theory suggests that historically, police have been more likely to let women off the hook, but that times have changed.

In 2007, 28.8% more women were arrested for driving under the influence of alcohol than in 1998, according to FBI data that covers a little more than half the country. Comparing male statistics over the same span shows that men were arrested 7.5% less.

"Women are picking up some of the dangerously bad habits [more commonly associated] with men," says Chuck Hurley, CEO of Mothers Against Drunk Driving.

In Westchester County, New York, the number of women arrested for DUI offenses is up this year, and officers have noticed more women with their children in the car during offenses.

Tom Meier, the director of Drug Prevention and stop DWI for the county notes the disturbing trend:

"We realized for the last two to three years, the pattern of more female drivers, particularly mothers with kids in their cars, getting arrested for drunk driving."

A federal study has found that the number of women who report abusing alcohol (defined in the study as more than four drinks in a day) has risen by multiple percentage points over the last decade. The rate rose from 1.5 to 2.6% from 1993 to 2002, and the rate of alcohol abuse among women ages 30 to 44 has more than doubled over the same span of time.

The federal government has taken notice. The Department of Transportation will begin its annual crackdown on drunken driving behavior later in August, and this year, the campaign will focus on women. As the gender gap closes, more and more women will face an equal-opportunity court system eager to drive the statistics back into decline.
Article Source: http://www.totaldui.com

What Makes A DUI Lawyer Qualified To Take Your Case?

Select the DUI lawyer who can defend you the best way possible. By following the tips outlined below, you will make sure that the DUI lawyer you select is more than qualified to take your case. This will offer you peace of mind as you go through the ordeal of a trial.

- Ask the lawyer candidate to explain his or her experience. Have they defended people with charges like yours before? Selecting a DUI attorney who will take your case as the first one they have ever defended is likely not a sound decision. A good DUI attorney will have a solid track record in the courtroom as well. Once in a while, you will find a DUI attorney who will sit down and talk with you for free before taking your case. However, do not rule out an attorney simply because they do not offer this service. Attorneys are often too busy to offer consultations.

- With this in mind, do your research. What are other people saying about DUI attorneys? Have you heard of any exceptionally good ones? Make a list of some professionals who seem promising and proceed from there.

- When you do meet with an attorney, ask for a thorough explanation of fees before signing up for representation. You will also want to discover whether he or she will be the attorney working on the case. Some attorney offices advertising on television hand off cases to attorneys with less experience. If this is the case with your DUI attorney, make sure that the person representing you has experience handling DUI cases.

- Ask for copies of any motions as well as regular contact with the attorney. Understand, before you leave that first meeting, exactly how you can contact this person and what you can expect if they are not readily available. Will they call you back within an hour? A day? A week? Make sure you are comfortable with the answer.

- Remember that if a DUI attorney recommends you enter treatment for alcoholism, they do not mean this as a personal affront to you. It looks very good to a court when a person is handling their transgression responsibly.

- Above all, take a good DUI attorney’s advice. They can make all the difference in helping you stay out of jail and retain your driving privileges.
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5 Things Every Driver Should Know about DUI

"Driving after drinking alcohol is not illegal. Driving while impaired or intoxicated is illegal. Every driver should know how to protect themselves from a false DUI conviction.

1. Cause to Stop The Police have to have a reason to stop you when you are driving. They mostly decide to stop you based on the way you are driving (doh). The signs they think show a DUI or DWI driver are many.

What they look for is erratic driving like unexplained speed changes, excessive movement within lanes or lane changing without indicating. Parking badly, having the appearance of not knowing where you are etc.

Unfortunately there could be, and often is, a perfectly acceptable reason for any and all of these ""signs"". A good DUI Lawyer can argue this in court for you.

2. Field Sobriey Testing These tests are NO indication of sobriety. In addition the officer who stops you has, in most cases, already decided that you are a DUI or DWI case. They only use these tests to confirm their suspicion.

I would fail these tests stone cold sober, most people would. They are only an indication of your ability to balance or count backwards or whatever.

You don't have to take these tests in most states, there is a free ebook available from the resource link below written by an experienced DUI Lawyer.

3. Blood Testing Blood testing is the most accurate and it is your right to ask for this to be done if you are stopped for DUI or DWI. You can even ask for your own doctor or hospital to do the testing. A DUI Lawyer will tell you what to do.

If you are unable to get your own doctor or hospital, you should ask for a sample of the blood taken so you can get your own, independent testing done.

4. Blood Alcohol Content The Breath Analysis Testing machines are only accurate when they have been regularly tested and aligned and used as directed. Your DUI Lawyer will get the calibration records to check.

Mostly the police do not use them as directed, you will be asked to ""keep blowing, keep blowing"" but that isn't the way they should be used. The air from the bottom of your lungs has a much higher concentration of alcohol then the air from the top or middle.

The Breath Analysis machine is calibrated for the middle concentration not the bottom so asking you to empty your lungs will give a false reading and will get you convicted of DUI or DWI even though you are below the legal limit.

5. Court Time If you are charged with DUI or DWI you will end up in court. Now the deck is really stacked against you if you dont have a good DUI Lawyer with you. If the police officer has rail roaded you, and over 30% of those in court have been, then the court will believe them rather than you 100% of the time.

Unless...you have an experienced DUI lawyer on your side. The cost of losing a DUI or DWI case will run out to $10,000 or more. If the lawyer costs $5,000 and reduces or eliminates the conviction you have reduced your costs and quite possibly got your life back.

Get a DUI lawyer.

6. Recovery After Conviction OK, if you are reading this a bit late and have already been convicted of DUI or DWI what can you do now?

You need to find out how to get your life back on an even keel. you need to find out how to get your drivers license back, how to protect yourself when applying for a new job, how to get auto insurance at a reasonable price etc.

In short, there is a lot you can do to get your life back after a DUI conviction and the link below can help you find a DUI Lawyer locally."
Article Source: http://www.articlear.com

Do You Need A Lawyer To Help You Fight A Ca DUI?

California DUI is one of the most difficult crimes for a lawyer to defend, because of the complexities of criminal DUI laws, issues on blood-alcohol, and separate California DMV administrative hearings.

You need to understand that the court or the authorities rely heavily on your breath to determine your innocence and or guilt. Your DUI lawyer needs to be well experienced with the DUI process, and DUI law to defend your California drunk driving charges. This is the first thing to do.

If you were stopped for suspicion of DUI, you need to be as polite and respectful as possible to the officer. However, you need to be firm in declining to take the tests. You are not required by law to take the DUI field sobriety tests. Even if the officer asked you to take the handheld breath test, you should decline it politely by reminding them of the California DUI law.

If you are already arrested, or someone is, it is difficult to locate him in custody. To find him, ensure that the complete name and date of birth are available. Obtaining the driver’s booking number will also be helpful.

There are cases in which the arrested driver is released on their own recognizance; there are others who are required to post bail. Locating a bail bond provider is the next step to do. If you want to redeem your driver’s license from custody, you need also to pay the bail. Usually, the authorities require 10% of the driver’s bail amount to secure his or her release.

California DUI cases are dual-faceted. The driver faces DMV DUI case, and a criminal court case. The driver facing California drunk driving charges has 10 days after the arrest, to request for a DMV DUI hearing otherwise, he will lose his driving privileges. Failure on your part to request a hearing will prompt the DMV to process the suspension on your driver’s license.

You will have your arraignment in court before the DMV hearing. It is at this time when you will enter your plea, guilty or not. Despite the fact that facing a jury trial makes many accused drivers nervous, it is important to fight the California drunk driving charge in court. There are California DUI cases that have an absolution verdict.

The nature of the DMV DUI hearing is to determine the status of your driver’s license. The DMV will figure out whether there are legal basis to suspend or revoke your license. There are times in which drivers are guilty as charged and yet, retain their license.

There are also cases, in which the drivers are absolved, but there is suspension or revocation of their license. Other cases end up with a conviction and suspension or revocation of license. Even with the first California DUI conviction, the convicted driver is required to serve jail time from 96hours to 6 months, DUI fines from $390 to $1000, and license suspension of up to 6 months.

The driver must complete a California DUI program. He is required to present Proof of Financial Responsibility for Reinstatement. Finally, he may be given an order to install an ignition interlock device.
Article Source: http://www.directorys.uniquearticles.info

What to Do if You Are Charged with a DUI

Often, when people are charged with drunk driving or driving under the influence (DUI), they consider defending themselves or using a public defender. Sometimes hiring an attorney may not be your best choice; however, when it comes to DUI charges, a lawyer will make a big difference.
Cost is one of the most common concerns surrounding hiring a DUI attorney. Many people facing DUI charges believe a lawyer is too expensive and they can avoid the cost by defending themselves. While a lawyer is a larger up front expense, he or she could save you a great deal of money in the long run. If you are still concerned about the cost of an attorney, consider how much even two or three months in jail will cost you in lost income. It could even mean losing your job.
Others believe they can save money by using a court appointed attorney. DUI laws are constantly being modified and only an attorney specializing in that type of law will be able to stay up to date on all of the changes. When searching for a personal lawyer, you should look for someone who has years of experience in DUI laws. A less experienced lawyer means you could face higher fees or more time in jail.
The court system is confusing and a good attorney will help argue your case and explain the possible consequences you face. Lawyers are not magicians, however they can increase the chances your charges will be dropped or lowered.
Experienced attorneys will understand how to interview witnesses and officers; as well as what evidence will help your case. They have access to expert witnesses who know how to refute the accuracy of blood and urine tests. Attorneys will also be able to tell you what chemicals and over the counter drugs could impact the results of a breathalyzer.
Lawyers are able to do the most good for first time offenders. Hiring an attorney after your first offense increases the chances you will keep your license and put the charges behind you. He or she will also check the evidence to make sure it supports an arrest. If the evidence is weak, your charges could be dismissed.
If you are involved in the following situations, defending yourself or using a court appointed attorney should not be considered an option:
You have been arrested for a DUI in the past.
You are accused of injuring someone.
You do not understand your rights.
You do not know which steps you need to take.
When searching for a DUI attorney, look for a firm that specializes in serious injury or drunken driving cases. Find out which professional organizations the attorneys participate in and how many years of experience they have. Another vital point to verify is that they graduated from an accredited law school.
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