Penalties for receiving a DUI (driving under influence) gradually become very severe in many states. Drinking and driving have been recognized as a major problem, and states try to limit the scope of the problem by passing laws that punish violators of DUI and deterring them from driving under the influence. Obviously, it is best to avoid drinking and driving in the first place. If you have been accused of committing a DUI, it is important to avoid a DUI conviction, as it can have very serious consequences.
How to proceed if you have been arrested for DUI
If you have been ordered to stop and you have been drinking, stop safely to the side of the road way, be polite to the officer. If he asks you questions, you are well answer you want to talk to a lawyer. You may want to explain that you have drunk a glass or two, which typically does not cause intoxication, to explain the smell of beer or alcohol.
The police officer may decide to administer a field sobriety test. These include standing on one leg, walking heel to the toes, repeating the alphabet, follow the light of a pen with his eyes, among others. You are not legally obligated to comply with such sobriety tests. They are very subjective and so can result in the police officer to obtain additional evidence that can be used against you.
The police can also choose to ask a chemical test. Under the laws of most states, a person operating a motor vehicle within the state gives consent to a chemical or breath test to determine the alcohol content in the blood. If you refuse to submit the chemical test, your license will typically be revoked, even if found not guilty of the DUI charge. You have no right to consult a lawyer before being arrested.
The Legal Process Once you have been charged with DUI
There are two separate legal actions involved with DUI. One is the suspension or revocation of his license. The second is the potential criminal charges.
Once you have been arrested for driving under the influence, a police officer will confiscate your driver’s license and complete a license suspension or revocation form and give it to the Department of Motor Vehicles (DMV). The DMV will conduct a review that will consider the report of the officer, the order of suspension or revocation, and the test results. The DMV will then decide whether to confirm the suspension or revocation of the license. In most states, you have the right to request a hearing to protest the suspension or revocation. At the end of the period of suspension or revocation, you can get your license by paying a fee to the DMV and providing evidence of financial responsibility.
The second part is the criminal DUI case. This is where the court determines whether you are guilty of a criminal act -conducer under the influence of alcohol or drugs. The criminal case can proceed in a variety of forms, including a confession of guilt, agreed guilt get the charges are disposed of, and judgment. If you are acquitted in the criminal trial, license suspension or revocation will be reversed by the DMV.
An experienced DUI attorney can probably find a variety of valid defenses to an accused individual with DUI, even if the level of alcohol content was above the legal limit.
The police officer who arrested must have a legal reason to do so. Otherwise, the original detention may be attacked and the evidence against them thrown down. Was there any reason to stop for a DUI? If not, the case can be disputed.
Sobriety tests are extremely subjective. They were conducted in accordance with federal guidelines? Many police officers have no experience in administering the tests properly. They were applied the appropriate tests?
If you took a chemical test, and were found an alcohol content of .08%, you can assume that there is a valid defense. However, how the test was applied properly? Is the team functioning properly at the time of the test? Was the evidence handled in accordance with correct test? Do you have any medical conditions that could affect the breath test? Also, if you are stopped for a DUI shortly after drinking and applies a chemical test 30 minutes or an hour later, his alcohol level may be higher than it was when it was originally stopped. This is called a “defense of increased blood alcohol.”
Find a Lawyer Experienced
If you have been charged with a DUI, you can assume that should plead guilty, pay a fine and face suspension of driving license. However, DUIs can negatively affect your life for years. If you are charged with DUI find a lawyer with much skill and experience to represent him against the charges. You may have legal options have not considered