It is highly important that you retain yourself a DUI lawyer when you’ve been arrested for suspicion of driving under the influence (DUI). The right kind of DUI lawyer can help your case. Costs from a DUI conviction can really add up, not just financial but emotionally and commitment wise. For that reason, you should seek out legal representation that’s highly skilled in DUI cases.
It can be tricky to pick a lawyer who will be able to fight your case most effectively, especially if you’ve never had a reason to hire a lawyer before. Choosing the right attorney is a bit more complex than just opening up the phone book and picking a law firm at random. You want to hire the most experienced attorney you can find. You can begin by contacting your state bar association, but be aware that because of attorney-client privilege, client reviews are not available within the legal profession as they are for many other professions.
There are lawyers who specialize in all sorts of cases, it’s important that you choose one with specialist knowledge in DUI cases. They will know everything about the law and be able to fight your case as strongly as possible. The right DUI attorney will even be able to argue against breathalyzer or blood alcohol tests. The DUI laws change depending on the state and that’s why it’s important to choose a lawyer from the state where you were arrested. When choosing representation, it’s a good idea to ask about their experience.
Not only do you want an attorney who’s experienced but you need one that is is comfortable with the entire court process. The majority of lawyers will offer free consultation visits and will explain to you what they plan to do for your situation. Choose one that keeps you at ease and makes you comfortable will give you the best representation in court.
Your attorney should ask a lot of questions about your background and the situation. Both can make a huge impact on the strategies used to fight your case. For example, you may wish to avoid plea-bargaining if any criminal conviction will affect your current job.
Be prepared to answer questions about the circumstances of your DUI charge honestly, because your attorney needs to understand exactly what happened before preparing a defense strategy. Your chosen DUI lawyer should understand that criminal charges bring a lot of stress to their clients’ lives, and should show interest and dedication in helping you deal with this tricky situation.
A good DUI lawyer will aggressively defend your case and have both experience and positive results to show from cases similar to yours.
Lawyers don’t come cheap, so don’t forget about the costs that you will have to pay. You need to make sure you know exactly how much they will cost before you choose one.
These costs can vary depending on different attorneys. By choosing carefully you should be able to get the best value for money. Court costs and all other associated costs are expensive and so you will no doubt be looking for affordable DUI legal representation.
Tuesday, August 3, 2010
Monday, August 2, 2010
DUI Charges – How a Drunk Driving Charge Was Reduced to Reckless Driving
Although drunk driving is not a topic that people openly discuss among friends, almost everyone knows someone who has been charged with a DUI. Those who are lucky to have not been charged with a DUI, have likely at some point in their lives had one or two drinks too many before getting behind the wheel – thinking that they were alert enough to drive.
DUIs are the Most Common Crime in San Jose, California
The statistics show that a DUI is the most common crime in San Jose and in the greater Santa Clara County. During the 2009 Holiday Season alone, there were 632 DUI arrests during the 17 day period running from December 18, 2009 to Jan 3, 2009.
While DUIs are common and most often victimless, the penalties can be very severe for those who are accused and do not fight the charges. More than ever, there is zero tolerance policy at the San Jose Police Department and the Santa Clara County branch of the California Highway Patrol for driving under the influence. A DUI conviction can mean a loss of ones driver’s license, substantial fines, and, in some cases, imprisonment.
For those who find themselves charged with DUI, hiring a private DUI attorney can make the difference between having a lifetime black mark on ones record and a moving on with a clean slate.
San Francisco Man Charged With DUI when Asleep at Side of Road
Consider the experience of one San Francisco resident we’ll call Gary. Gary had recently graduated from Stanford University and was spending the summer enjoying his new freedom and preparing for his medical school admissions test.
Although he was a regarded as a responsible individual with a promising future, he also had a drinking problem.
Several years ago, at age 22, Gary was on his way home from a party in Palo Alto where he had more than a few too many drinks.
He was anxious to get home to San Francisco to see his girlfriend and drove home thinking that he could handle the alcohol as he had many times before.
On the way home on the 280, he realized that he was weaving and at one point almost hit a retaining wall. He realized that he made a mistake by driving and did what he thought was the best thing by pulling over to the shoulder of the road to rest it off.
Gary was startled awake when the California Highway Patrol knocked on his window. He was slumped against the driver’s side door and the key was in the ignition. The officer asked Gary to step out of the car and Gary complied with a field sobriety test including a nystagmus test – which he failed – and a breathalyzer test which registered a BAC of.09 which is just over the legal limit of.08.
California Misdemeanor DUI Penalties
After spending the night in jail, Gary learned that he was charged with a misdemeanor DUI, which carries a maximum sentence of one year in the county jail, substantial fines and temporary loss of driver’s license. For Gary, the most drastic consequence of a DUI conviction would be a criminal record which might impact his ability to get a job and qualify for a medical license. He reluctantly told his parents about the DUI and they agreed that they would help him with legal fees so long as he quit drinking and attended alcohol counseling.
California DUI Defenses
After consulting with a San Jose DUI Attorney Gary learned that DUI charges can sometimes be reduced to a lesser count of reckless driving or dismissed altogether for a number of reasons, including:
1. Lack of probable cause for the traffic stop.
2. A faulty field sobriety test not recognized by the National Highway Traffic Safety Administration.
3. An inaccurate Breathalyzer reading due to calibration issues with the device. c) Physical issues of the accused such as GERD – Gastro Esophageal Reflux Disease – which causes the readings to be artificially high. (Experts say as many as 23% of Breathalyzer readings are higher than actual Blood Alcohol content.)
4. Problems and inaccuracies with the blood test, for those who received it in lieu of the breath test. The most common issue in the blood test is fermentation in the blood vial.
5. The chance that one’s test results got switched with another, better known as Mistaken Identity.
6. Blood alcohol content that was under the legal limit at the time of arrest but higher at the police station, due to factors like having drank on an empty stomach – called Rising Blood Alcohol.
DUI Reduced to Reckless Driving
In Gary’s case, the attorney told him that his case was a good candidate for a blood sample retest by an independent lab. Gary agreed to try this strategy.
After the test result came back, Gary was happy to learn that the lab showed a slightly lower BAC than the result of the police lab. The lower result was not enough to completely dismiss the case, but did allow his attorney to successfully argue for a reduction from a DUI conviction to a reckless driving charge.
Gary avoided any jail time, save for his initial booking. His attorney from Summit Defense Law Offices was able to retain Gary’s driving privilege and later expunged the reckless driving conviction from Gary’s record.
Gary said he has been sober since the incident and is today actively involved in an Alcoholics Anonymous group that provides ongoing encouragement for Gary to stay sober. He says that he’s grateful that he hired a DUI attorney because he was able to move forward with his life with minimal impact to his future plans.
DUIs are the Most Common Crime in San Jose, California
The statistics show that a DUI is the most common crime in San Jose and in the greater Santa Clara County. During the 2009 Holiday Season alone, there were 632 DUI arrests during the 17 day period running from December 18, 2009 to Jan 3, 2009.
While DUIs are common and most often victimless, the penalties can be very severe for those who are accused and do not fight the charges. More than ever, there is zero tolerance policy at the San Jose Police Department and the Santa Clara County branch of the California Highway Patrol for driving under the influence. A DUI conviction can mean a loss of ones driver’s license, substantial fines, and, in some cases, imprisonment.
For those who find themselves charged with DUI, hiring a private DUI attorney can make the difference between having a lifetime black mark on ones record and a moving on with a clean slate.
San Francisco Man Charged With DUI when Asleep at Side of Road
Consider the experience of one San Francisco resident we’ll call Gary. Gary had recently graduated from Stanford University and was spending the summer enjoying his new freedom and preparing for his medical school admissions test.
Although he was a regarded as a responsible individual with a promising future, he also had a drinking problem.
Several years ago, at age 22, Gary was on his way home from a party in Palo Alto where he had more than a few too many drinks.
He was anxious to get home to San Francisco to see his girlfriend and drove home thinking that he could handle the alcohol as he had many times before.
On the way home on the 280, he realized that he was weaving and at one point almost hit a retaining wall. He realized that he made a mistake by driving and did what he thought was the best thing by pulling over to the shoulder of the road to rest it off.
Gary was startled awake when the California Highway Patrol knocked on his window. He was slumped against the driver’s side door and the key was in the ignition. The officer asked Gary to step out of the car and Gary complied with a field sobriety test including a nystagmus test – which he failed – and a breathalyzer test which registered a BAC of.09 which is just over the legal limit of.08.
California Misdemeanor DUI Penalties
After spending the night in jail, Gary learned that he was charged with a misdemeanor DUI, which carries a maximum sentence of one year in the county jail, substantial fines and temporary loss of driver’s license. For Gary, the most drastic consequence of a DUI conviction would be a criminal record which might impact his ability to get a job and qualify for a medical license. He reluctantly told his parents about the DUI and they agreed that they would help him with legal fees so long as he quit drinking and attended alcohol counseling.
California DUI Defenses
After consulting with a San Jose DUI Attorney Gary learned that DUI charges can sometimes be reduced to a lesser count of reckless driving or dismissed altogether for a number of reasons, including:
1. Lack of probable cause for the traffic stop.
2. A faulty field sobriety test not recognized by the National Highway Traffic Safety Administration.
3. An inaccurate Breathalyzer reading due to calibration issues with the device. c) Physical issues of the accused such as GERD – Gastro Esophageal Reflux Disease – which causes the readings to be artificially high. (Experts say as many as 23% of Breathalyzer readings are higher than actual Blood Alcohol content.)
4. Problems and inaccuracies with the blood test, for those who received it in lieu of the breath test. The most common issue in the blood test is fermentation in the blood vial.
5. The chance that one’s test results got switched with another, better known as Mistaken Identity.
6. Blood alcohol content that was under the legal limit at the time of arrest but higher at the police station, due to factors like having drank on an empty stomach – called Rising Blood Alcohol.
DUI Reduced to Reckless Driving
In Gary’s case, the attorney told him that his case was a good candidate for a blood sample retest by an independent lab. Gary agreed to try this strategy.
After the test result came back, Gary was happy to learn that the lab showed a slightly lower BAC than the result of the police lab. The lower result was not enough to completely dismiss the case, but did allow his attorney to successfully argue for a reduction from a DUI conviction to a reckless driving charge.
Gary avoided any jail time, save for his initial booking. His attorney from Summit Defense Law Offices was able to retain Gary’s driving privilege and later expunged the reckless driving conviction from Gary’s record.
Gary said he has been sober since the incident and is today actively involved in an Alcoholics Anonymous group that provides ongoing encouragement for Gary to stay sober. He says that he’s grateful that he hired a DUI attorney because he was able to move forward with his life with minimal impact to his future plans.
Sunday, August 1, 2010
The Job of a DUI Attorney
DUI, as it stands for Driving under the Influence, is a problem entrapping many innocent drivers. In the entertainment world of Las Vegas, thousands of people are charged and arrested to face further serious consequences.
The scope of law is not limited to arrests only in case an individual who is found to be drunk when driving. But, a DUI charge may be imposed, even if she or he is having a Blood Alcohol Level (BAL) or Breathe Alcohol Concentration (BAC) beyond a prescribed limit.
The penalty under DUI may be even to the extent of termination of privileges allowed to the drivers by the Department of Motor Vehicles.
Profoundly ethical responsibility of a Las Vegas DUI Attorney is the matter of respite to the drivers. An experienced Las Vegas DUI lawyer is committed to defending a victim by every possible legal way out.
In Nevada, many lawyers are totally engaged in DUI cases because of its gravity and far reaching effects of possible victimization of a large number of people.
Knowledgeable attorneys know every single aspect of the law and implied meaning of every phrase or word. The DUI lawyers stand in a better position to assess every circumstance under which a charge has been imposed.
They also know the best course of alternative to adopt for a particular charge.
The regulations under DUI vary from state to state, but the limit of 0.8 is prevalent in most of the states.
The charges and punishment may vary from one state to another for the same intoxication level in breathe.
As such the alcohol concentration (BAC) of 0.8 is an indicative point for imposition of a charge. The gravity of DUI simply multiplies due to the provisions of penalties equivalent to criminal offenses prescribed by the law.
The DUI attorneys are qualified enough to represent the cases in a manner to effectively prove the innocence of an accused person. In most of the cases, the ethics of fair legal fights are held to save blameless individuals or a fair judgment for unfortunate victims of circumstances.
In the case of all types of legal involvements, especially the DUI, it is always advisable to seek services of efficient lawyers. Lot of innocent people unconsciously gets trapped under defiance of legal provisions. For example, according to DUI rules, an officer is empowered to stop a vehicle and conduct sobriety field test. Many drivers confess drunkenness on the spot thus admitting their culpability.
However, many innocent drivers refuse to submit to breathe analyzer. In the latter case, the refusal itself is a chargeable offence resulting in arrest under DUI offence. The former situation is of course an irrefutable situation of arrest for further legal procedures.
All must take a note of basic rule to be sincere and true to their submission to the DUI lawyers. There will be fair chances of a substantive representation by the lawyers when they are thoroughly aware about a charge. A powerful representation may even lead to dismissal of a case.
The scope of law is not limited to arrests only in case an individual who is found to be drunk when driving. But, a DUI charge may be imposed, even if she or he is having a Blood Alcohol Level (BAL) or Breathe Alcohol Concentration (BAC) beyond a prescribed limit.
The penalty under DUI may be even to the extent of termination of privileges allowed to the drivers by the Department of Motor Vehicles.
Profoundly ethical responsibility of a Las Vegas DUI Attorney is the matter of respite to the drivers. An experienced Las Vegas DUI lawyer is committed to defending a victim by every possible legal way out.
In Nevada, many lawyers are totally engaged in DUI cases because of its gravity and far reaching effects of possible victimization of a large number of people.
Knowledgeable attorneys know every single aspect of the law and implied meaning of every phrase or word. The DUI lawyers stand in a better position to assess every circumstance under which a charge has been imposed.
They also know the best course of alternative to adopt for a particular charge.
The regulations under DUI vary from state to state, but the limit of 0.8 is prevalent in most of the states.
The charges and punishment may vary from one state to another for the same intoxication level in breathe.
As such the alcohol concentration (BAC) of 0.8 is an indicative point for imposition of a charge. The gravity of DUI simply multiplies due to the provisions of penalties equivalent to criminal offenses prescribed by the law.
The DUI attorneys are qualified enough to represent the cases in a manner to effectively prove the innocence of an accused person. In most of the cases, the ethics of fair legal fights are held to save blameless individuals or a fair judgment for unfortunate victims of circumstances.
In the case of all types of legal involvements, especially the DUI, it is always advisable to seek services of efficient lawyers. Lot of innocent people unconsciously gets trapped under defiance of legal provisions. For example, according to DUI rules, an officer is empowered to stop a vehicle and conduct sobriety field test. Many drivers confess drunkenness on the spot thus admitting their culpability.
However, many innocent drivers refuse to submit to breathe analyzer. In the latter case, the refusal itself is a chargeable offence resulting in arrest under DUI offence. The former situation is of course an irrefutable situation of arrest for further legal procedures.
All must take a note of basic rule to be sincere and true to their submission to the DUI lawyers. There will be fair chances of a substantive representation by the lawyers when they are thoroughly aware about a charge. A powerful representation may even lead to dismissal of a case.
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