DUI Advices

If you have been convicted of a DUI offense, you may have some options available to clear your record.

Your first step after a DUI conviction is to start a new trial from the court. If there was a mistake in the admission of evidence at your trial or some other procedural problems, you can ask the court for a new trial. If the judge accepts your request for a new trial, you will be allowed to present your whole case again but this time in front of a new jury. If you’re found not guilty after your second trial, then your record will be cleared and the legal effect would be as if you never were convicted.

If the judge refuses to give you a new chance, or you lose at your second trial, you might be able to appeal your DUI conviction. If there is an error of law at your trial, or the jury completely disregarded the facts, you may have grounds for an appeal. An appeal involves filing briefs with the court and an oral argument - you are not required to appear or participate in this appeal. If you’re successful in your appeal your record will be cleared.

If your appeal is unsuccessful, you still have a few options. In many states, you may be eligible for an expungement. An expungement is a legal procedure in which, after the passage of a certain amount of time after your conviction or arrest (typically, one year), your DUI lawyer can apply to have your DUI conviction deleted from your criminal record. However, in most states, an expungement is not available for DUI.

If you’re thinking about drinking during your graduation period and you want to avoid DUI, you better read the next lines.

In a effort to avoid tragedies, the authorities gave a few advices about what to do in case you’re going to drink a lot during the graduation period. The officers said that every student should think about the “every fifteen minutes” program at schools each year and how that affected their peers.

One of the advices that the officers gave was about detecting which of your friends that had been drinking a lot and take their keys and car and call their parents because you may be saving their life, or simply drive them home. And if it’s someone you don’t know the best think you could do is simply call the police and provide them with the cars license plate number.

They also talked about how alcohol affects your confidence in your drinving skills. Most of the time people think they are sober and they can drive, but the truth is that when you’re drunk it’s hard to know how drunk you are.

DUI arrests are increasing latelly and ironically, the Police said that an easy way to detect under the influence drivers was by searching drivers moving under the speed limit. Most of the young people tries to compensate their lack of reflexes by driving too slow and this makes them easy to spot.

Robert Kent Vandyke, was sentenced to prison today for his ninth (yes, 9!) DUI conviction. Robert was considered guilty in 2000 for killing a woman in a driving accident, and after he finished his parole he was found driving under the influence.

Robert’s lawyer asked the jury to set aside the jury verdict. He argued there wasn’t enough evidence to prove that Vandyke was unsafe to drive when he was arrested.

The driver refused to take the sobriety tests at the time of the arrest, so it was not possible to determine the alcohol levels on his blood.

Vandyke’s request was obviously denied and he was sentenced to the maximum penalty: 5 years in prison.

Authorities are now using a new monitoring program to keep track of their DUI offenders.

To add more efficiency to the largely used DUI method, the DUI checkpoints, some authorities are working  and applying new methods to prevent DUI, especially double DUI.

A new ankle-mounted electronic monitor is now being used by a few people, all of them convicted with DUI. The device tests sweat levels for alcohol and if you hit the .02 limit a computer will document the occurrence, and if that happens then you will probably go to jail again.

Some of the users said the device has help them to leave the addiction to alcohol, because the device reminds people not to drink. The new device will be part of the mandatory sentencing and the users will have to pay the bill, 90$ a week, because one of the major criteria for the creators of this device was that taxpayers shouldn’t have any cost at all with this program.

The statistics say that 70% of DUI convicts reoffend, and this was the best measure to control the situation, because it’s a win/win situation - the roads will be safer and the convicts will get the change to get off alcohol.

The device also alerts the authorities if the user tries to remove it of disable it.

This client was arrested by Norman PD for DUI in the state of Oklahoma. It was his third DUI arrest, so we can say that he was in trouble. The driver accepted to do the field test and the officer told him that he had failed the test. A breathlyzer test was taken with a result of greater than .10%. His license was revoked for one year. The law firm in charge of this case requested an administrative hearing to contest the revocation.

The client had been in a event that evening, prior to his DUI arrest, where he spent a lot of time with some of his friends. Coincidently, among those friends there was an A.B.L.E. officer, a probation officer (who was with him at the time of the arrest) , a Assistant District Attorney and her mother, a PhD in learning disorders.

They all testified on his behalf at the hearing that he could not have drunk more that two glasses of wine the entire evening and appeared completely normal and sober. The PhD further testified that she was aware that he suffered dyslexia and that this problem would cause a person with it to perform poorly on the respective field tests.

Conclusion: The driver got his license back!

I saw this story on another website. It’s a great success story of how to win a DUI case. Like any other “machine”, Breathalyzers are not completely invulnerable.

Here is a DUI case scenario in which the person charged with DUI successfully managed to win the case.

This story starts with a supposedly “citizen” calling the cops after seeing this person driving poorly. The police went after that person and they didn’t saw him/her driving abnormally like the “citizen” claimed. He/She was told to stop her car and the cops arrested him/her for DUI. The driver could lose her drivers license for a whole year.

An “Implied Consent Hearing” was made to save the persons driver license. The lawyer was able to show that the arrest was invalid since the cop never had any crime occur in his presence and all evidence from the point of arrest was inadmissible.  The lawyer shared the information with the prosecutor in the criminal case and the case was dismissed without any costs at all.

Conclusion: The driver maintained the driver license, he/she didn’t pay anything and also was not convicted of nothing.

That’s one of the many success stories that I’ll post in the next days. Stay around and drive safely.

DUI arrests happen when you less expect them. Sometimes you find yourself at a party or some other event where you had a few drinks. Everything seems fine with you except that you just feel a little bit happier than usual or maybe not. Maybe you just feel normal.

The problem is that even though you feel completely normal, the sobriety tests might not feel the same way. That’s when you become a part of the 1.5 million people who get arrested for DUI (driving under the influence) every year.

What do I do?

The best thing to do in this situation is to simply stick with the program and do whatever the officer tells you to. I usually advise people to be honest with the officer even though there are other options. Anyway, don’t lie. It’s hard to tell that you only had one beer when you are slurring your words.

The officer will ask you to take the field sobriety test. Do it. Don’t refuse the test or you will be penalized even more for not taking it. In some states you can have your license seized if you refuse to take the test.

If you fail the tests you will probably be arrested and taken to the police station where you will be subjected to a blood alcohol test. The most common method to do this is by using the famous breathalyzer. Some people believe that it is possible to cheat the breathalyzer by sucking a mint or smoking a cigarette, but they will have no effect at all on the test.
There are other two kinds of test: the blood test and the urine test. Taking the blood test at the very latest is a wise thing to do because from the time elapsed since you were pulled over till you took the test your liver will have removed some of the alcohol from your blood.

Once you get released the best thing to do is to get a good lawyer, specially if this is your first DUI case. Ask around for good lawyers and find someone specialized in the DUI field.
That’s all. Good luck.

Should you hire a DUI attorney to assist you with your case? The conclusion is not so simple.

A DUI Lawyer is worth the cash if your DUI is either on a very soft, or a very serious side. In the first occurrence of a DUI, a lawyer can help you get off with a clean record; this is definitely worth the investment, as a dui can influence your life not just financially, but in some cases prevent you from getting a job. In the second case, particularly if people were injured or property was damaged, a talented DUI lawyer may mean a difference between 6 days of community service, and 6 months (or more) in jail. That is not something to take casually.

A lot of people do not hire a DUI lawyer, among other reasons because of humiliation and shame. If you might be one of these people, consider that an experienced lawyer specializing in DUI has seen hundreds, if not thousands of DUI cases, many of which are more rigorous and more embarrassing than yours. It is good to consider a DUI lawyer as a loyal friend who will not judge you, but will stand by your side and help you overcome your DUI ordeal. A good attorney will make the whole occurrence less stressful and more tolerable for you, and that, might be worth the money.

A capable and qualified DUI lawyer knows all kinds of loopholes in the labyrinth of DUI law, and can come up with the precise approach to keep his client out of trouble. What are some of the things a DUI lawyer can do to clear your record, or to reduce your penalties?

A DUI attorney will meticulously investigate the case and check for any logistical errors. He or she can also arrange to have blood samples examined by an independent lab. A good lawyer can find ways to arrange for specialists and witnesses testimony, if it is helpful for your case; he can make motion to suppress specific evidence that would otherwise implicate you; he can negotiate reduced penalties and sentences, and contest license revocation or suspension. DUI lawyers have spent many hundred hours studying technicalities involved in DUI cases, including breath test and drug evaluations and blood analysis, and are experienced at bending the law in your favor.

Cost is undeniably a factor when deciding whether to hire an attorney. Most DUI lawyers are very well paid, but some of them dispose easy payment options. When taking into consideration the expenses of hiring an attorney, think of how much money your DUI conviction will cost you without the help of a lawyer. There will be many economic ramifications, from the DUI fines, to car insurance boost. There will be also hidden costs that are difficult to estimate ahead of time, like a possibility of not getting a most wanted and a well-paid job because of having a DUI on your criminal record. All of these factors combined make the cost of hiring a DUI lawyer necessary for many people. And if you cannot afford a DUI lawyer, don’t give up! Call up a few around and see if they will take your case for free. Lawyers are required to do a certain percentage of cases on a pro bono basis. Maybe you are it.

Perhaps you can discuss a payment agreement when you pay only if the charges are dropped, or the penalties are significantly reduced. This provides motivation for your DUI lawyer to work hard. And if he wins, he will without doubt save you money and will be worth his weight in gold.

In any case and despite of what you may have heard, DUI cases do not always lead to conviction. In fact, there could be a diversity of ways to tackle your DUI or DWI charge, and speaking with a capable DUI lawyer in your zone is a prudent approach to review your case and decide if possible challenges may assist you beat your charges and clear your record, or at least maintain critical consequences to a bare minimum.

While the exact defenses you can declare in a DUI case vary from case to case and state to state, there are quite a few significant values that affect just about every case concerning drunk driving.

• Challenging Your Initial DUI Arrest

The Fourth Amendment to the United States Constitution disallows irrational investigations and seizures and demands that any search or seizure be established on probable cause. When a police officer arrests you under suspicion of drunk driving, that is a seizure. If the officer does not have probable cause to take into custody, your DUI lawyer may confront your arrest.

A police officer can lack probable cause to arrest you in a variety of situations. If you were stopped on an entirely casual basis or exclusively on an unidentified tip, for driving too slowly or unexplained “suspicious” reasons, or because of your race, ethnicity or another protected category, you may be able to fight your case. The details vary from jurisdiction to jurisdiction, and a local DUI lawyer is the best source of information about how these general principles apply to your case.

• Challenging Your Questioning

Law enforcement is obliged to read a person his or her Miranda rights - that you have the right to remain silent, anything you say will be used against you, and you are entitled to a lawyer-upon making an arrest. Thus, if you were detained on DUI/DWI charges and the police did not give you these well - known Miranda warnings, a local DUI attorney may be able to move to suppress evidence that was gathered in violation of your Miranda rights.

• Challenging Your Blood Alcohol Test or Breathalyzer Test

If you are stopped under suspicion of drunk driving, the law in the majority of states obliges that you be given a breath, blood, saliva, or urine examination to verify the alcohol level in your blood. With that said, there may be numerous ways to successfully fight the results of these tests in your DUI case.

The law, in quite a few states, demands that you be allowed to have your own doctor take your blood, and if the police refuse you this right, you may well be able to fight your DUI charges. You may also challenge the precision of the prosecution’s blood alcohol evidence with an expert witness who may argument the credentials of the medical staff doing the blood alcohol testing, question the maintenance and functionality of the breathalyzers or other testing tools, or contest the measures used in obtaining, sealing, labeling, storing and offering the evidence into trial.

• Challenging the Testimony of the Arresting Officer

Most DUI cases are supported mainly on the testimony of the arresting officer. Your DUI lawyer may cross examine the arresting officer and challenge the accuracy of his or her comments, the performance of a field sobriety test and other aspects of your arrest.

• Plea Bargaining

If you can’t entirely beat your case by receiving your charges dismissed or winning a not guilty verdict at trial, you may perhaps still be able to reduce the damage and reduce the penalties through plea bargaining. A plea bargain is an contract between you and the state in which the charges against you are dropped in exchange for your guilty plea to a lesser charge or a lesser sentence. In some cases, prosecutors may drop a DUI charge against you if it’s your first DUI offense and you agree to plead to a lesser penalty like supervision.
Even if you plead to a lower offense, your case may still be eligible in some states for expungement, which essentially eliminates the offense from your record. However, most states require that you wait for a fairly significant period before you are eligible for an expungement.