Archive for the ‘Blog’ Category

Boating under the influence of alcohol or drugs is illegal in the United States and will cause the driver to be arrested if he or she is caught with a blood alcohol content that is 0.08 percent or higher. Drinking and driving a car is a well-known hazard, but drinking and operating a boat is just as dangerous. A boat driver with a blood alcohol of .10 percent has a 10-time higher chance of having a boating accident than someone who has not been drinking. The penalties for BUI are basically the same as the penalties for DUI.  That’s right – you may serve jail time as a result of a BUI.  A day on the water can turn into a nightmare!

When faced with an arrest for DUI or BUI, it is important to contact an experienced attorney immediately. It is a very serious offense because every year alcohol is involved in 34 percent of fatal boat accidents. The penalties include the following:

• Suspension or revocation of the driving license

• Probation

• Jail or prison time depending on the severity of the accident

• Fines from $500 to $7,500

• Other possibilities include revoking boat permits

For many people, boating and alcohol seem to go together. A day on the water with friends and family in the sun with a picnic usually includes beer or wine. It can be very dangerous for everyone on the boat if the driver is one of the people drinking. Any waterway authority including the Coast Guard can stop a boat and test the driver for BAC. They will then detain the offender and have someone else take the boat to a safe mooring. This could be a passenger or a Coast Guard member. The Captain of the boat should either not drink alcohol or should wait one hour for each drink before taking the helm.

The main reason to avoid boating while intoxicated is safety. The abilities of the boat operator are hampered when intoxicated. They may not be able to control the boat as well because the water will have an influence on the boat’s path. Their judgment deteriorates, and their physical performance is impaired. The vision is also affected.

Even though boating under the influence is not as common as driving under the influence, the number of arrests is rising. If convicted, recreational boat operators could have a criminal record. The consequences are much worse if there are children on the boat.

Commercial operators could lose their livelihood. If the conviction is a felony, they will lose their right to vote. To avoid these devastating possibilities, the arrested person should contact an experienced BUI attorney as soon as possible. They will have the experience and skill to get the charges mitigated, so, as far as possible, the offender can continue his lifestyle and not repeat the offense.

In the America of today, a DUI is a major problem for those who’ve been accused of it. Most states take them rather seriously, and levy stiff penalties and fines against those found guilty. If you’ve ever been wrongfully accused of a traffic infraction, you know how difficult it can be to find justice in a court of law. With a DUI, it’s all the more difficult to get a fair hearing. Most people accept the default judgment of the court and accept whatever punishment they receive. Assuming that a DUI is over when the standard fine is doled out is a mistake, and spending a bit of money on an experienced DUI attorney can save a lot of time and headache down the road.

Added Costs

Aside from the upfront costs of a DUI, the hidden costs can be just as bad. When you get a DUI, the main penalty is just the beginning. In addition to court fines, a DUI on your record will continue to bleed your bank account in a variety of ways. You will have higher car insurance, you lose your job, you will have to arrange for expensive transportation (you won’t have a driver’s license for months after a DUI).  The money you spend after a DUI can be beyond your wildest expectations.  DUIs are all about extracting as much money as possible from the people who’ve been convicted. If that person is you, you need to prepare yourself. States use DUIs to legally rob citizens blind. Legally speaking, your best option to prevent an unfavorable outcome is to contact a dedicated DUI lawyer.

Piling On The Pain

DUIs automatically increase your insurance payments. That’s a well known fact. Those added insurance costs add up over the years, but they’re just the beginning. In addition, most states make DUI victims take “Alcohol Awareness Classes” to learn the importance of not drinking and driving. You’ll have to pay for those classes when you get a DUI. They can easily cost in excess of $500 or more. Such classes are hardly the only consequence of getting a DUI. Many states now mandate the installation of “ignition interlocks” in the vehicles of those who’ve gotten DUIs. If you get a DUI, you’ll have to pay for the installation and upkeep of such a device.

Final Word

DUIs can be a very expensive experience, whether you’re guilty or not. To combat the injustice of DUIs and their attendant hidden costs, you’ll need a DUI lawyer. A skilled DUI attorney will work hard to make sure you don’t pay more than you have to for DWI charges, regardless of the jurisdiction in question. If you’ve recently gotten a DUI and are facing an upcoming hearing, do yourself a favor and contact a DUI attorney as soon as possible. Without adequate legal representation, the much-feared DUI and its many hidden costs threaten to sink you financially in the long run.

A DUI arrest can be scary. Most folks who have been arrested have many questions. Here are some of the most frequently asked questions after a DUI. Of course, you would be wise to immediately contact a DUI lawyer to discuss the laws in your area.

What is Driving While Intoxicated/Driving Under the Influence?
DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) both refer to driving with an amount of alcohol in your blood above the legal limit.

What is the limit?
The limit is expressed as the percentage of blood content that is alcohol; called blood alcohol content (BAC). In all 50 US states and D.C., a BAC of .08%. is considered per se DWI/DUI. However, some states may have a related, lesser charge at lower levels.

How much alcohol is that?
The amount of alcohol that will take you to .08% depends on the number and type of drinks, the time period you’ve been drinking, gender and weight. The safest bet is to let someone else drive if you’ve been drinking.

How do the police spot a drunk driver?
Police officers will pull you over if they spot you driving erratically. At that point, they may get you out of your car to perform a field sobriety test–walking a straight line is the best known one. If you fail that, the officer will administer a chemical test, testing either blood, urine or your breath.

Do I have to take a chemical test?
You can refuse a chemical test, but in many cases that can lead a suspension of your driver’s license. Even if you aren’t convicted, a prosecutor can present your refusal to take the test as evidence.

When can I speak to an attorney?
Some states let you do so before you decide whether to take a chemical test, but not all do. The police must definitely do so once they’ve read you your rights.

When do the police have to read me my rights?
Miranda warnings must be given if you are in police custody. A good rule of thumb is if you feel you aren’t free to leave, you are in custody. Under those circumstances, you should contact a local DUI attorney immediately.

If my BAC is over the limit, don’t the police have me dead to rights?
Not necessarily, a good DWI attorney will have experience in challenging the prosecution’s experts, giving you a better chance of an acquittal. Human error is always a possibility, there could be flaws in the procedure or a gap in the chain of custody that affects the integrity of the sample. An attorney can challenge the stop which led to the test in the first place. In a worst-case scenario, an experienced attorney will get better terms for you in a plea bargain. That’s why if you’re taken into custody on a drunk driving charge, you should contact a DUI attorney right away!

When charged with driving under the influence, the first thing anyone must do is contact an attorney to get proper representation in the courtroom. Without an attorney, virtually all defendants will be lost in a sea of tricky statutes and misinformation, the likes of which can only be navigated by an experienced, trained attorney. The holidays are a particularly worrisome time for drivers, and one in which a DUI checkpoint can be found on every street. It is important for drivers, particularly recent arrestees, to understand how things change during the holiday season.

The end of the year has brought celebration and festivities for millennia. Today, these events often involve copious amounts of alcohol, and the police know people can exceed their limits while enjoying the company of friends and family. The numbers don’t lie – drunk driving fatalities are much higher in November and December than any other time of the year. When cold, inclement weather is added to the mix, the roads can become even more dangerous.

Police will patrol major roads as usual, and will utilize unmarked cars as well. The newest tool to be added to the law enforcement arsenal is the DUI checkpoint. These have been found to be remarkably effective at deterring and diminishing the number of drunk drivers on the road. The methods of a checkpoint vary by jurisdiction, with some officers checking every single car and others only picking and choosing. Some police forces even put up signs well in advance, sometimes giving potential law-breakers the opportunity to return home and sober up.

A DUI checkpoint basically functions as a routine stop, only marked well in advance and usually done on major roads and intersections. This ensures a large amount of drivers will pass by, and those who have been drinking cannot avoid it. Nothing in an arrest at a checkpoint is legally different from a roadside arrest. If a driver is found to be drinking, he or she will be asked to step out of the car, and then placed in handcuffs. Defendants have no obligation to provide any more (or less) information than they would have in any other stop, nor do they face any further ramifications. Again, proper counseling is key to setting one’s life straight after a charge – this is why defendants must call immediately to access an attorney. There literally is no time to lose.

Defendants faced with a DUI charge often ask how to hire a DUI lawyer. Some first-time DUI offenders question the seriousness of a DUI conviction. The average fine of $500.00 and the loss of a driver license for six months may seem more “affordable” than the cost of retaining an experienced DUI defense attorney.

However, the defendant may not be considering all of the costs associated with a DUI or the personal repercussions that can occur in the future. Also, most people think that a second DUI will never happen to them. Statistics show that many people who receive one DUI receive a second. A subsequent DUI conviction may require automatic jail time. If the defendant faces a felony conviction in future years, “three strikes” state legislation can weigh heavily against the individual. A DUI specialist helps the defendant avoid future unknown complications of a DUI conviction.

The cost of a DUI attorney

The cost of hiring a DUI lawyer may be daunting. But consider this: If you are convicted of a DUI, the cost is often much, much higher. In fact, the average cost of a first DUI conviction is $12,000. Those convicted need to pay fines, DUI classes, pay for additional childcare, pay for transportation (as a result of loss of license), pay additional fees for insurance for years and may lose a job because of the conviction. Suddenly, legal fees don’t seem like such a huge obstacle.

Finding a DUI lawyer

Defendants may identify a DUI attorney in the same way they identify any legal resource: Family and friends may offer recommendations and referrals or you may find the a DUI lawyer on the internet. In fact, the internet is a great resource when attempting to find a DUI lawyer. Many times, you can do thorough research on the DUI lawyer’s background and experience. You may also be able to find pictures of the DUI attorney and his/her office. Finding a DUI lawyer online is the easiest and most thorough way to determine if the attorney is a good fit for you and worth interviewing.

Additional sources to identify potential a DUI lawyer may include the following:

Bail Bond sellers (in frequent contact with DUI attorneys)

Courthouse evaluations (visit the courthouse and view hearings; contact a DUI attorney based upon viewing a local hearing)

Bar associations (refer an experienced DUI attorney) In some areas, DUI lawyers may be Board Certified DUI specialists.

Interviewing a DUI lawyer

Meeting with several DUI attorneys assists the defendant in identifying a lawyer who best fits the scenario. Questions to ask during the interview include the following:

What percentage of your clients are DUI defendants?

How many years of experience do you have defending DUI cases?

How many of your clients are you defending in the same court house in which my case will be heard?

Determining the DUI lawyer’s years of defense experience, and special credentials can assist the client in selecting a skilled DUI attorney.

Aftermath of a DUI charge

Overturning a DUI charge may be important in an individual’s career and community reputation. Unseen complications of a DUI conviction can range of immigration issues to job loss. Hiring a DUI attorney to fight for your rights is crucial!

Types of Field Sobriety Tests

A person who’s pulled over for what a police officer or state trooper thinks to be driving under the influence should know that they are never required to undergo FSTs and should respectfully refuse to do so. Then, they should contact a DUI lawyer as soon as possible.

However, if the driver has already undergone the tests, there are three recognized standardized FSTs. They are:

HGN Test

The full name for this test is the horizontal gaze nystagmus test. Usually, the eye involuntarily jerks a certain way as it looks to the side. When a person is inebriated, this reflex is exaggerated. The eyes of an inebriated person also have trouble tracking a moving object. This simple test consists of the officer asking the driver to follow the light of a flashlight. In this way the officer can tell whether or not the driver is impaired.

The Walk and Turn Test

In this FST the driver is asked to walk a straight line in a specific way, then turn and walk back the same way. An impaired person might have trouble keeping their balance while they’re being instructed, or begins to walk before the officer finishes the instructions, has to continually stop to regain their balance, can’t walk straight, flings out their arms to balance themselves, or uses too many or too few steps.

One Leg Stand

Here the driver is asked to stand and raise one foot about six inches. The officer asks them to count in thousandths and out loud for about 30 seconds. If the driver sways, needs to balance with their arms flung out, hops or puts their foot down before the allotted time, the officer might suspect that they’re impaired.

Other types of FST include:

Feet Together and Head Tipped Backwards

If the person staggers while they do this, the officer might consider them impaired.

Count the Number of Fingers

In this field sobriety test, the officer will raise a number of fingers and ask the driver to count. If the driver can’t do it, the officer might consider them impaired.

Recite the Alphabet

If the driver can’t quite remember the alphabet, stammers or starts and stops, the law officer will probably suspect that they’re impaired.

Count Backwards

If the driver can’t count backwards, the law officer might also consider them impaired.

The Rhomberg Stationary Balance Test

In this field sobriety test, the driver stands feet together, head back and arms out. If they stagger when they do this, they’re probably going to be considered impaired.

Finger to Nose Test

In this test, the driver is asked to close their eyes and touch their nose with a finger. If they can’t do this, the officer might consider them impaired.

Once again, a person who is pulled over and asked to perform these tests should contact a DUI lawyer right away.

If you have been arrested for a DUI, you know that the police officer who pulled you over was no nonsense. There is really no sympathy these days for drunk drivers no matter what state you live in. That’s because groups like MADD are making a public push to persecute drunk drivers to the fullest extent of the law. You won’t find a prosecutor who is going to be lenient. With that, DUI laws are become more and more severe. Here you will learn about some brand new laws that will affect states across the country.

Remember, even if your home state hasn’t changed its DUI laws recently, it doesn’t mean it won’t. In fact, when other states start to enact new DUI laws, there is often a domino effect. So you should pay attention to what is happening all over the country. One thing you will start see more and more is the requirement that everyone who is convicted of a DUI will have to install an ignition interlock system in his or her car. That means first time offenders too!

An ignition interlock device requires you to blow into it each and every time you get behind the wheel. You will also have to give a breath sample a few times during the car trip. More than 13 states require first time offenders convicted of DUI to immediately get an ignition interlock system installed in his or her car if the person wants to be able to keep driving at all. Right now, Alaska, Arizona, Arkansas, Connecticut, Hawaii, Illinois, Kansas, Louisiana, Nebraska, New Mexico, New York, Oregon, Utah, and Washington all have mandatory ignition interlock laws. First time offenders must install the device. If you have been arrested in one of these states – or any state in the country for that matter – it’s so important to get help right away.

As laws get stricter, the need for a skilled DUI lawyer increases. Without the right lawyer on your side, it is inevitable that you will be convicted. If you are convicted, you can guarantee that you will be facing punishment. And guess what – first time offenders can and do lose their licenses – and they do end up in jail. Don’t let this happen to you. Speak with a knowledgeable DUI attorney immediately if you want to save yourself from extremely strict penalties.

Arizona is one state that has a reputation for extremely strict DUI laws. In Arizona, repeat offenders who are convicted of a felony DUI can be fined as much as $150,000 and could be sentenced to 10 years in prison! Being convicted of DUI in Arizona is no joke.

Each state has its own DUI laws. If you have been arrested for DUI, it is important to know what you are up against. A conviction can seriously change your life. You can go to jail, lose your license and have to pay large fines. But remember, your best plan of action should be hiring a skilled DUI lawyer to help you fight the charges against you. There are lawyers who specialize in DUI defense. If you want to avoid a conviction, seek out an experienced DUI lawyer today.

There are serious punishments for a DUI conviction no matter what state you live in. Most folks realize that they could face jail time and most likely will lose their license if convicted of a DUI. But there are more far-reaching repercussions that will follow you even after you’ve paid your debt to society.

Remember, if you are convicted of a DUI, it stays on your record – in some states – permanently. Whenever you are filling out a job application, you will have to answer “yes” to the question “have you ever been convicted of a crime?” What do you think a possible employer will do when they see that answer? You guessed it. You are not going to get that job. What worse is if you are applying for a job that requires driving, there is almost no chance you will even be considered for the position. This is especially true if your license suspension is still in tact.

There are other severe repercussions that you may not know about. In many states, you may be required to install an ignition interlock system after your DUI conviction. This is a device that goes in your car to test your breath for alcohol content. You must blow into the device before your car will start. Some states require anyone convicted of DUI to have one installed in his/her car. If the trend continues, it is likely that one day, all states will require first time offenders to have an ignition interlock system after a conviction.

What about car insurance? Well guess what? If you are convicted of DUI, you will have trouble with your auto insurance. That means you could lose your insurance all together. What’s more likely to happen is that your insurance rates will go through the roof. Your premium will be thousands of dollars.

What about getting a loan or a mortgage? You guessed it. That will be a problem too with a conviction on your record. Banks will be weary of loaning money to someone convicted of a crime.

Remember, there are extremely serious repercussions for a DUI conviction. They can include high fines, losing your driver’s license and even ending up in jail. You will not be able to escape punishment if you are convicted of a DUI. But if you get help by contacting a skilled DUI lawyer, you may be able to avoid a conviction all together! There are also so many little consequences that you will suffer if you are convicted of DUI in your home state. That’s why you need to fight these charges immediately.

When you are convicted of DUI, there are serious repercussions – like losing your license and possibly even going to jail. You may have to pay fines or attend DUI school. You can lose your auto insurance, too. But what about your reputation? Will everyone find out about my DUI? My friends? My co-workers? Is it possible to keep a DUI conviction a secret? The short answer is no. You cannot keep a DUI conviction a secret. Here’s why.

First off, in many states, a DUI conviction is public record. That means anyone can access your criminal record. In some states – a DUI conviction is forever. In other states, your conviction will eventually be taken off your record. There are actually ways to “expunge” your criminal record. A skilled DUI attorney can help you with that. But in the short-term, your DUI conviction is out there for everyone to see.

Another problem with keeping your DUI a secret is that you will likely lose your license. Friends and co-workers will clearly notice that you are unable to drive. You will have to find a new way to get to work – which means you will have to explain yourself. You won’t be able to pick up your kids at their friends’ houses or take them to baseball practice or ballet. Remember, without a car, you will struggle. It will be difficult to keep your DUI conviction a secret if you are unable to drive.

Obviously if you go to jail, your friends and co-workers are going to find out about it. There will be no way to keep this a secret. You will likely lose your job and probably some of your friends. It is a sad reality. But here’s the silver lining. YOU DON’T HAVE TO END UP CONVICTED OF DUI! How’s that? Keep reading.

Some lawyers will tell you being arrested for DUI means you will be convicted. Run away from these lawyers quickly. Nothing is further from the truth. You can fight and win a DUI case. You just have to have the right attorney on your side. General practice lawyers often don’t know how to argue the details of a DUI case. However, our lawyers have extensive experience in DUI defense.

It would be great to be able to hide your DUI conviction from everyone. But it’s just not possible. But just because you have been arrested for DUI, it doesn’t mean you conviction is inevitable. In fact, you can get your license back with the help of a DUI lawyer after your arrest. This way, it won’t be so obvious that you are having trouble with the law. Protect yourself and your family after your DUI arrest. Don’t end up convicted of DUI. Fight your charges today.

Drunk Driving…Schedule a consultation with a professional Drunk Driving Lawyer.

Getting good DUI Lawyers – If you get a charged with a Drunk Driving related offense such as DUI, DWI, OWI, or any of the other drunk driving terms, you should take it very seriously. The charge is serious and the ramifications of a conviction could be devastating to your career and family life. A DUI Offense should never be taken lightly.

The first thing you should do after you are arrested for drunk driving is get smart. The charges against you are serious. It is not bad enough that your family, coworkers and friends will probably read about it in the papers. Now police are putting the names of people arrested for DUI and DWI’s on the internet, while other police departments are posting the information on Facebook.

You need serious representation and you need it fast. A trained and experienced Drunk Driving attorney will immediately begin the process the preserving the evidence and getting control of your case. Many factors could compromise the state’s case against you and could save you from a conviction. This is called exculpatory evidence and it is what great criminal defense attorneys rely on in these cases. However, this is a difficult task to do on your own. Also, hiring a lawyer just because he is cheap is a huge mistake. You need a professional who understands the DUI Laws inside and out. Yes it may cost more but an attorney who handles one or two DUI charges a month will not be able to defend you as well as a defense lawyer who is involved in DUI on a daily or weekly basis. A top quality attorney or lawyer will have a good grasp of DWI driving Laws and court proceedings. Using a first class drunk driving Defense attorney can make a massive difference in the result of your case.

A good local DWI driving lawyer can help you challenge the state’s evidence and secure your rights and options in your DUI case.  The drunk driving court systems are intimidating and overwhelming for most people. But you don’t have to face it alone.  Be smart and contact www.DwiLawyers.com to find a truly professional DUI and  DWI drunk driving lawyer and schedule a consultation this minute by clicking this free drunk driving link  and get the assistance you require in one free consultation.

Several of our lawyers offer a free consultation when you mention the dwilawyers.com website so, use this drunk driving link to be connected with a drunk driving attorney who will give you smart advice about your case and your options.