Tuesday, February 1, 2011

The DUI Attorney

DUI attorneys work to protect their clients’ rights and interests in the face of ever more strict laws against drinking and driving. What was once seen as a minor crime has become a major target for various activist groups, politicians and police. If you have been charged with drunk driving, DUI attorneys offer you the best chance of getting your life back on track with as quickly as possible.
What to Look For When Researching DUI Attorneys
While a family friend or relative may have a law degree, this does not necessarily mean that they are qualified to defend you in a drunk driving case. You need, specifically, a criminal lawyer, and with the rising number of DUI arrests there are now a large number of practitioners who specialize in drunk driving cases. Any criminal attorney should have the skills necessary to represent your interests, but such specialists may have greater familiarity with the key issues and opportunities in these cases.
How DUI Attorneys Serve Their Clients
The legal system is designed to determine the truth, and if you are guilty in fact, chances are you will be found guilty in court. Because of this, a large majority of criminal cases are actually settled before reaching trial. In these instances DUI attorneys negotiate with prosecutors for the most favorable sentence. Without an attorney you could end up in jail, on probation for years, without a drivers’ license for an extended period and otherwise in serious trouble. You may be able to avoid many of these with a good attorney.
DUI attorneys do sometimes get their clients acquitted on the charges against them. Procedural mistakes made by police can sometimes mean that the case has to be thrown out of court—police officers are human, and if they did not fill out all of the paperwork properly this can mean you are cleared. Not only this, but police must have probable cause before stopping you—if it can be shown that this was not present, your arrest may be set aside. Finally, the fallibility of breathalyzers, field sobriety tests and other means of determining drunkenness can create reasonable doubt in a jury’s mind, thus producing an acquittal.
You have options, so if you have been charged with drunk driving, you need to begin contacting DUI attorneys as soon as possible. Time is of the essence for ensuring the best outcome in your case.

What to Expect During a DUI Conviction


DUI law has become more and more complicated with different states taking different approaches to enforcement. The first thing to know when it comes to dealing with a DUI charge is that you need to check your state's relevant statute. Some states have updated their statutes more recently and there are nuances within the law. That means that your possible solution will almost certainly depend upon where you were charged. Aside from that, there are some basic things to know that apply across the board.

Types of proof for DUI charges


There are a few general pieces of evidence that a prosecutor will use in trying to attain his burden of proof. One of those is a breath test. Each state has some type of breath machine that measures blood alcohol content. Likewise, many states use a blood test and a urine test when they feel the results of the breath test are inadequate. They can request these tests when there is a suspicion of driving under the influence of drugs.
One of the biggest issues for people charged with DUI is the right of refusal. Refusing one of these tests leaves the state without much proof, and they take swift action against those who refuse. The penalty for refusal can be as high as a year-long suspension of one's driving license. There are ways to contest this that a defense attorney can effectively initiate.

Defenses to DUI


Some of the most common defenses to DUI include protesting the original traffic stop for lack of probable cause, contesting the validity of the test administered, and generally asserting a lack of proof on the part of the prosecution. One of the most common methods is to fight the tests, since they can fail for a number of reasons. A good attorney can move to have the evidence excluded from court proceedings, and this will make the state's case a difficult one to prove.

Penalties for DUI


Driving under the influence can bring about major penalties upon conviction. It can result in a jail term of anywhere from three months to a year for a first offense, and the sentences get stiffer for repeat offenders. Likewise, there can be fines of up to $1,000 in addition to the rising insurance costs. Penalties are worse when damage to property or person coincides with the DUI charge.
In all, DUI is a serious matter that requires immediate attention. A good attorney can effectively fight the charges and often mitigate the penalties.

The Basics For a DUI


DUI law has become more and more complicated with different states taking different approaches to enforcement. The first thing to know when it comes to dealing with a DUI charge is that you need to check your state's relevant statute. Some states have updated their statutes more recently and there are nuances within the law. That means that your possible solution will almost certainly depend upon where you were charged. Aside from that, there are some basic things to know that apply across the board.

Types of proof for DUI charges


There are a few general pieces of evidence that a prosecutor will use in trying to attain his burden of proof. One of those is a breath test. Each state has some type of breath machine that measures blood alcohol content. Likewise, many states use a blood test and a urine test when they feel the results of the breath test are inadequate. They can request these tests when there is a suspicion of driving under the influence of drugs.
One of the biggest issues for people charged with DUI is the right of refusal. Refusing one of these tests leaves the state without much proof, and they take swift action against those who refuse. The penalty for refusal can be as high as a year-long suspension of one's driving license. There are ways to contest this that a defense attorney can effectively initiate.

Defenses to DUI


Some of the most common defenses to DUI include protesting the original traffic stop for lack of probable cause, contesting the validity of the test administered, and generally asserting a lack of proof on the part of the prosecution. One of the most common methods is to fight the tests, since they can fail for a number of reasons. A good attorney can move to have the evidence excluded from court proceedings, and this will make the state's case a difficult one to prove.

Penalties for DUI


Driving under the influence can bring about major penalties upon conviction. It can result in a jail term of anywhere from three months to a year for a first offense, and the sentences get stiffer for repeat offenders. Likewise, there can be fines of up to $1,000 in addition to the rising insurance costs. Penalties are worse when damage to property or person coincides with the DUI charge.
In all, DUI is a serious matter that requires immediate attention. A good attorney can effectively fight the charges and often mitigate the penalties.

Monday, January 31, 2011

The True Cost of a DUI


The financial cost of a teen's first DUI is staggering. Here's the breakdown, but keep in mind that this is just the bare minimum. This list doesn't include costs if someone is killed—or the guilt your teen will live with for the rest of his or her life.

The financial cost of a DUI
Cost of annual auto insurance increase over 13 years $40,000
DUI classes $650
Towing and storage fee ($137 a day) $685 (at least 5 days)
Fines and attorney fees $4,000
DMV reinstatement fee $100
Estimated Minimum total $45,435      
Remember that these fees are the least you would pay. They don't include hospital care for the person your teen hurt, the emotional and physical costs, the inability to get a job because of the DUI record, or the award from any lawsuit resulting from a death. All together, those costs could total millions of dollars.
The time spent dealing with the consequences resulting from a DUI is time lost in a teen's life, keeping your teen from reaching his or her goals. Here's the time breakdown.
Time spent dealing with the consequences resulting from a DUI
Average time of license suspension 3 months for adults, 12 months for teens
Average time in jail 6 months
Average years on probation 3 years
Number of years with two points on driving record 13 years
DUI classes 6 months
Time in court Several months
Convicted of murder Possible lifetime imprisonment
Plus, can you imagine your teen being handicapped or maimed? Suffering a lifetime of guilt and pain because of harming or killing someone? Having trouble getting a good job or getting into college because of a DUI conviction?
In a nutshell, your teen's drinking and driving could cause you to:
  • Pay fines and fees of more than $55,000;
  • Pay huge increases in insurance premiums;
  • Pay for a costly and time-consuming alcohol abuse program for your teen; and
  • Have a teen with a criminal record for a DUI.
DUI penalties for those 21 years and older also can be severe. They include:
  • Mandatory jail time;
  • Substantial fines and fees;
  • Suspension or revocation of driver's license;
  • Restrictions on when and for what purposes one may drive;
  • Being assigned to an alcohol or drug treatment program;
  • Installation of an ignition interlock devise on a car; and
  • Impoundment of a car.
A first DUI offense requires an adult offender to be:
  • Jailed for at least 48 hours;
  • Fined substantially;
  • Restricted to driving only to and from work or an alcohol treatment program;
  • Ordered to attend a three-month or six-month alcohol treatment program;
  • Required to file proof of insurance with the Department of Motor Vehicles; and
  • Required to have an ignition interlock device (IID) installed on one's vehicle. The person must blow into the IID to check his or her BAC each time the car is started. Maintenance costs for the IID are paid by the offender.

What Is DUI Diversion?

If you have never been convicted of DUI, have never entered into a diversion contract for DUI before, and were not involved in an accident or collision resulting in personal injury or death, you may be eligible to participate in a DUI diversion program. Diversion is essentially a contract between the county or city and the person charged with DUI in which the person charged gives up his or her right to a speedy trial and his or her right to a jury trial, in exchange for an opportunity to avoid a conviction for DUI. Under the diversion agreement, you will be required to pay a fine; attend an alcohol and drug safety action program or treatment program, or both; use no alcohol or drugs; and fulfill whatever other terms and conditions the city or state requires. If, at the completion of the diversion period, ­usually one year, ­­you have completed all the requirements of the contract, the criminal charge of DUI is dismissed. If you do not successfully do all that is required of you under the contract, your case will be placed back on the trial docket and the criminal case against you will be reinstated and your trial will be conducted on stipulated facts.

The DUI Netwok of Lawyers

If you're charged with a Driving While Intoxicated offense, it's possible to have your charges dismissed with the assistance of a skilled DWI legal counselor. You must act NOW! Click on a state and then county or city to locate a fully qualified drunk driving defender or use our easy search to locate a defender via county, city or zip code.

Fill out a simple form to connect to DUI Lawyers in your area, or....

Call 1-800-KICK-DUI
(1-800-542-5384)

Since you or someone you know has just gotten a DUI, you or a family member is probably facing a disheartening Driving While Intoxicated dilemma and may require the specific expertise of a competent DUI lawyer to guide you through the drunk driving juridical maze.


Drunk driving and DWI are common words in our every day speech, which should tell us something about the extent and familiarity of this growing problem. DUI defenders will tell you that the term drunk driving has many official names including, DWI (Driving While Intoxicated), DUII (Driving Under the Influence of Intoxicants), OMVI (Operating Motor Vehicle Intoxicated), and OUI (Operation Under the Influence), and other acronyms OWI, DUIL, DWUI. These web pages primarily use the expression, DUI (Driving Under the Influence). You've found the right legal experts to assist and direct you along the path of magisterial proceedings.

Certainly, hiring a good DUI lawyer is absolutely your best decision and ought to be your first move. DUI is a serious infraction with extremely complex consequences for everyone involved including drivers, victims, and general population. Each year in the United States an estimated half million people are injured in DUI-related highway crashes, costing taxpayers over 114 billion dollars.

The public offender may face the immediate loss of driving privileges, vehicle impoundment, fines, house arrest, local incarceration, and prison time, due to drunk driving accusations. While DUI lawyers have made headway in actual court cases, the number of drunk driving arrests have steadily climbed since the beginning of 1970s, thanks to newly implemented laws and programs.

Your DUI lawyer should be expertly familiar with all the intricacies and nuances involved with DUI offenses. This index of lawyers will take you through them step by step, explaining testing, sentencing, jury trends, offer information, etc. As DUI lawyers, knowing the law is our profession and job.

Preparation, knowledge, and an excellent DUI attorney are among your best defenses. Drunk driving defense lawyers are available here. This DUI defense registry offers a wealth of defenders who have joined together to aide those who need a proficient and exceptional lawyer. We're drunk driving defense resource specialists. We are expert DUI lawyers, and we're here to help.

A DUI charge is frustrating, and it can result in solemn consequences! Take action NOW by selecting and contacting an attorney in your area.