DUILawyers.co

DUI suspect to appear in court on Monday morning

DUI Lawyers — Thu, 26 Jan 2012 10:35:59 +0000

DUI suspect, Sandra Hofstadler, is expected in Juvenile and Domestic Court on Monday morning

What is a Federal DUI?

editor — Fri, 13 Jan 2012 21:57:07 +0000

Not many people know what a federal DUI or federal DWI is. This is because they are rarely issued. However, they can have much graver consequences than a regular state-issued DUI or DWI. Therefore, anyone who is charged with one should seek out the services of an experienced DUI attorney as quickly as possible.

What a federal DUI or federal DWI is
The government directly owns approximately 650 million acres of land. Anyone who is caught driving while under the influence or impaired while on this federally-owned property can be charged with a federal DUI or federal DWI. Most of these types of arrests occur in national parks and on military bases. However, they can also be issued in the parking areas of any federal building.

Punishment
The punishment incurred from a federal DUI or federal DWI depends on where the arrest was made because different laws are applied to each location. The case is governed by the Code of Federal Regulation if the arrest took place in a national park. Under this regulation, the DUI/DWI is usually considered to be a Class B misdemeanor, unless a person or property was harmed in some way. Then it may become a felony charge instead. The penalty for a federal-level Class B misdemeanor can include any combination of a fine up to $5,000, a term of up to 6 months in a federal penitentiary and a 5-year probation period. If the person refuses a chemical test, there can be additional penalties, which include more fines, imprisonment and a restriction on driving on federal land for one year from the date of arrest.

If the arrest occurs on other types of federal property, then the Assimilative Crimes Act is applied. This means that the DUI/DWI laws of the state where the arrest occurred will be applied to the incident. In most states, a first-time DUI/DWI is treated as a state-level Class B misdemeanor. The punishment for Class B misdemeanors varies among all the states.

Case complications and negative impacts
The case can get rather complicated very quickly. For instance, the suspension of a license is completely separate from the actual DUI/DWI federal court case. Although one state can’t automatically revoke or suspend the licenses issued by another state, 45 of the states do have an Interstate Driver’s License Compact. These 45 states share any information regarding traffic violations and driving convictions. So even if the arrest occurred outside of the person’s home state, the person could face losing their driving privileges in their home state. Having a DUI/DWI conviction can also result in numerous other negative impacts on the person’s life, including some other legal issues. Therefore, it’s highly important for people who are facing DUI/DWI charges to utilize very skilled and experienced DUI attorneys to fight the charges.

The DMV Hearing After a DUI Arrest

editor — Fri, 13 Jan 2012 21:47:29 +0000

If you’ve been arrested for driving under the influence of alcohol or drugs, you have the right to request an administrative hearing from the Department of Motor Vehicles. The DMV hearing is different from the trial you face in the criminal court. While the criminal trial court considers the question of your guilt or innocence and determines your sentence if you are found guilty, the DMV simply determines whether you should be allowed to drive. However, you should retain an attorney for both hearings so that you have the best chance of getting your license back and beating the DUI charges.

State laws vary regarding what happens to your driver’s license after a DUI arrest; however, in most states the DMV automatically suspends your license soon after being notified of the DUI charge. Your license may remain suspended for 30 days or more, depending on the state you are arrested in. Following your DUI arrest, you should get a letter from the DMV notifying you of your license suspension and informing you of your right to an administrative hearing. You usually have to request a hearing within a certain time period, typically 10 to 15 days after the suspension. If you don’t request such a hearing, your license will remain suspended.

Your DMV hearing is your opportunity to convince the DMV that your license should not be suspended. The DMV does not consider whether you should have a restricted license at this hearing; it simply considers whether there’s probable cause to suspend your license. You can apply for a restricted license separately. If the DMV upholds your license suspension, you can still get your license back if you are acquitted of the DUI charges at trial.

Usually, the DMV looks at whether the case against you was strong enough to warrant arrest. However, a qualified DUI attorney may be able to get your license reinstated for you at the hearing even if you refused to take the breathalyzer test or the test showed that you were significantly intoxicated. This is why it’s important to have a DUI attorney for the DMV hearing as well as for your trial court date.

Your attorney can advise you of your options following a DUI arrest, including what to do regarding the suspension of your license. Your attorney may be able to help you get your license back from the DMV as well as help you mount a defense against the DUI charges at trial.

Do I Need to Hire a DUI Lawyer? Yes!

editor — Fri, 13 Jan 2012 20:36:16 +0000

If you have recently received a DUI or been arrested for driving under the influence, you may be unsure of where to turn or where to go. Whether it is your first offense or a consecutive one, it can still be an intimidating battle to fight alone. No matter what the circumstances are surrounding your DUI, an experienced DUI lawyer can stand beside you and fight for your rights in court. How do you know if you’ll need a DUI attorney for your case?

First Offense

As a first time offender for DUI, you may think you stand a better chance of receiving a light penalty. This isn’t always the case. A DUI is a serious offense in any state, although the penalties differ drastically between states. Even a first offense can leave a lasting mark on your record and significantly raise the cost of car insurance. Contacting a DUI lawyer right away will offer you the best chance of preventing your DUI from haunting you for years to come.

Blood Alcohol Content

In many states, the penalty for a DUI offense will be determined by the blood alcohol content in your system. All states now have a legal limit of .08 BAC, if your level is double that, it can make your penalty harsher- even for a first offense. This is why it is of utmost importance that you contact a skilled DUI attorney right away to handle your case. They understand all the laws and will be able to ensure that you are treated fairly.

Multiple DUI Offenses

If this is your second or third DUI offense, you should absolutely contact an experienced DUI lawyer immediately. For a multiple case offender the penalties are notoriously harsh, and will be difficult- if not impossible- to fight when representing yourself. An attorney will stand beside you in court, and work with you to help offer the most options for an individual in your position.

Injuries

When a DUI results in injuries to another person, the damage is often lasting and severe- not only for the injured party, but for the accused as well. A DUI attorney will be able to go over your options and likely outcomes, prepare you for your case, as well as work with the court system to get you the help you need and fight for a fair trial. If you have been involved in a DUI that resulted in injury, you must call a skilled DUI attorney right away to get the best possible outcome for your case.

What an Attorney can do for you

For anyone worried about an impending DUI case, the most important thing to consider is your safety, and the care and wellbeing of your family. Any DUI case can present a huge burden full of stress- an experienced attorney can offer the skill and wisdom to alleviate some of that stress while offering you the help you need to get a fair hearing of your case.

An Evening With DUI (Explicit)

DUI Lawyers — Mon, 12 Dec 2011 10:35:59 +0000

A documentary about DUI 2010-2011 created by Duke film student Evan Gelb. Contains some strong language.

DUI – HAR MAR SUPERSTAR (Music Video)

DUI Lawyers — Fri, 28 Oct 2011 09:30:59 +0000

Har Mar, pets, and classic moves. Directed by Patrick Daughters.

Everything You Always Wanted to Know About Breathalyzers Tests, But Were Afraid to Ask

DUI Lawyers — Tue, 27 Sep 2011 23:40:19 +0000

Okay, so you’ve been pulled over for suspected drunk driving. A DUI lawyer is not there with you, but you need to know what to do and fast. Should you take a breathalyzer test? What happens if you refuse? Which test should you take if given the option? Here you’ll find out all the answers you need about chemical tests, so you are prepared to do the best thing if you have been pulled over for DUI.

First thing you need to decide is whether or not to take a chemical test. In some states, you are required to take a breath or blood test. In fact, police officers can use necessary force to obtain your blood or breath in some cases. In this situation, you really have no choice but to submit to the test. However, in other cases, it is questionable whether you should take the test or not.

If you don’t take the test, there are serious penalties in most states, including extensive driver’s license suspensions. But some people decide that a license suspension is better than a DUI on their record. Remember, if you don’t take the breathalyzer test, it will be used against you in court if it comes to that.

So you’ve decided to take a chemical test. Which one should you choose if you are given the option? There are three possible choices – blood, breath or urine. Scientifically speaking, urine is the least reliable, then comes breath and then blood. Clearly, you should choose a urine test. If that is not an option, choose breath. Remember, blood is the most reliable test of all.

Say you take a breathalyzer and you register above the legal limit – what now? There are defenses if your blood alcohol content is over .08% (that’s the legal limit in most states). A DUI lawyer with experience can fight these results. How? Well turns out there are a lot of problems when it comes to breath and blood testing. The police officer must perform the testing at the proper time. If the test is done too late, the results are totally off. That’s because the alcohol in your body takes time to be absorbed. Translation? You may not have been drunk at the time you were driving. By the time you got to the police station, that’s another story.

Also, oftentimes the equipment police officers use is faulty. Not to mention many officers are not properly trained in chemical testing. These are the points a skilled DUI lawyer will attack in court if your BAC was above the legal limit.

Regardless of whether or not you take a chemical test, the best thing you can do for yourself after a DUI is to get an experienced DUI lawyer working for you. These lawyers have so much experience fighting DUI cases. Without a skilled lawyer on your side, you are likely to be convicted. A conviction means serious consequences including possible jail time and losing your license. Don’t let that happen to you or someone you love.

Teen hurt in DUI crash – 6 pm

DUI Lawyers — Tue, 13 Sep 2011 09:25:59 +0000

Teen hurt in DUI crash – 6 pm

South Carolina Dui Laws Include Videotape

DUI Lawyers — Tue, 13 Sep 2011 05:46:59 +0000

Since South Carolina has one of the country’s highest death rates due to drunk driving (the latest statistics show that 46% of all traffic fatalities were alcohol related), the state legislature is working hard to address the problem. Some of the proposed new legislation includes mandating a one-year driver’s license suspension for people who refuse a breath test, a system of rising dui penalties to correspond with higher blood alcohol concentration (BAC) levels, a once-monthly publication of the names of dui offenders who had their driver’s licenses suspended, as well as others. If you live in this picturesque state, or plan on visiting soon, you’ll want to educate yourself on the ins and outs of South Carolina DUI law.

Did you know that South Carolina has mandatory dui video? It’s the first state in the country to mandate that the arresting officer videotape all dui arrests, the administration of breath tests, and processing at the police station. If you have ever thought some DUI mug shots weren’t very flattering, these dui pictures may also prove to be less than attractive. However, this is the kind of evidence that a drunk driving attorney can view that could prove to be invaluable to the outcome of your case.

A .08 BAC level is the national standard at which someone is deemed to be drunk. However, you can be convicted of DUI in South Carolina if your BAC is at least .05 but less than .08, and there is evidence that you’ve been driving unsafely. You may be considered to be under the influence because of circumstantial evidence of bloodshot or watery eyes, slurred speech, and/or poor coordination.

Because of fees, statutory assessments and surcharges, a first South Carolina DUI carries total fines of $1,000. In addition, a jail sentence of from 2 to 30 days is possible (or 48 hours of community service). Your driver’s license will be suspended for 6 months, and the court may require that you install an ignition interlock device (IID). Finally, you will undergo a mandatory alcohol assessment, and may be required to attend a 1-year Alcohol Department and Drug Safety Action Program (ADSAP); the fee is $2,000.

A second conviction within 10 years of the first conviction will bring even harsher dui penalties. You will be fined a minimum of $1,100 and a maximum of $5,100, be sentenced from 5 days to 1 year in jail (or 30 days of community service), have your license suspended from 30 days to 1 year, and your vehicle will be immobilized for 30 days. The court may mandate that an IID be installed in your vehicle, at your expense, after the immobilization. After undergoing a mandatory alcohol assessment, you will be required to attend the 1-year ADSAP at a cost of $2,000. Finally, you may be required to forfeit your vehicle. With these kinds of penalties, hiring the best dui attorney may prove to be less expensive!

Originally published here.

johnsonmerel

Everything You Always Wanted to Know About Breathalyzers Tests, But Were Afraid to Ask

DUI Lawyers — Mon, 15 Aug 2011 06:01:19 +0000