US Lawyerz
All about law, legal & lawyers
Latest about DUI
Find DUI Attorney
The Seriousness of Dui
Driving under the
influence is a rapidly growing problem in the United States. Many states
have enacted tougher DUI laws to prevent the problem from growing
further and to help people understand the serious consequences of
driving under the influence. A major problem for many people is that
they don’t know the laws or don’t understand how serious DUI is if they
are convicted.
A Review of DUI - DUI is a criminal offense in all 50 states. It's often
a misdemeanor offense, but can be a felony under certain conditions.
Several prior convictions can mean a felony charge in most states and
some states have terms that outline aggravating factors that can result
in a misdemeanor charge being elevated to a felony charge. Some of the
more prevalent aggravating factors are having an extremely high level of
blood alcohol concentration, driving under the influence with a child in
the vehicle, or causing property damage or serious bodily injuries while
driving under the influence.
Many states have two ways in which a DUI case can be prosecuted. One of
these is based on the physical impairment of the arrested individual. In
this instance, the prosecutor focuses on trying to prove that you were
too impaired to safely operate a vehicle at the time of the arrest.
Testimony may come from law enforcement officials and focus on your
appearance, performance of sobriety tests, driving behavior, and other
factors that may show you should n't have been driving. The second way
is often known as the per se DUI theory. This is where the prosecutor
will base his case on the results of chemical testing done at the time
of your arrest. If the test results show that your BAC exceeded the
state’s legal BAC limit, then the prosecutor can show that your were
guilty of DUI even if you didn't appear to be impaired.
Reviewing Administrative Penalties - In most states, you’ll lose your
driving privileges if you are arrested for driving under the influence,
even if you are eventually found not guilty of the charge. That doesn't
seem fair, does it?
Some states have an appeals process where you can appeal your suspension
in writing and then get a hearing to determine the status of your
driving privileges. If you don’t have a qualified, experienced DUI
lawyer to represent you during your appeal hearing, you may lose out on
the opportunity to get a temporary license that you can use to drive
until your trial date. This means you won’t be able to get to work,
drive yourself to medical and dental appointments, pick up your kids
from school, or do any of your normal daily activities that require
driving.
Reviewing Criminal Penalties - Since DUI is a criminal offense, there's
a wide range of criminal penalties available. In most states, these
penalties can include jail time, fines, court costs, alcohol and drug
education, alcohol treatment, ignition interlock device installation,
community service and probation. The sentencing will depend on a variety
of factors, including the number of prior convictions, aggravating
circumstances present in your case, and other circumstances. If you have
a qualified DUI attorney, he can speak on your behalf prior to your
sentencing and ask that the court be as lenient as possible. If you have
accumulated several convictions, however, it is unlikely that you will
be sentenced to anything other than the maximum penalties allowed by law
since you have broken the law several times.
Reviewing Benefits of
DUI Attorneys - You'll gain many benefits when working with an attorney
who specializes in DUI defense. These benefits include better access to
expert witnesses, more specialized knowledge of DUI law, and more
experience defending people charged with DUI offenses. Going it alone or
working with a public defender or non-specialist lawyer can mean you may
not be getting the best possible defense. Choose to work with a DUI
attorney and you’ll have a much better chance of winning your case and
being able to move on with your life.